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Republic of the Philippines
House of Representatives
Quezon City

* TIME 9:31pm

NINETEENTH CONGRESS yi
First Regular Session 0 inpek
House Bill No.__1615__

Introduced by Representative Albert Raymond S. Garcia

EXPLANATORY NOTE

The 1987 Constitution encouraged decentralization to grant greater autonomy to local
government units (LGUs) in recognition of their right to self-government, to make them self-
reliant, and to improve their administrative and technical capabilities.’ To realize these
aspirations, the Constitution mandates the national government to ensure that decentralization
contributes to the continuing improvement of the performance of local government units and
the quality of community life.

More than twenty-eight (28) years after the advent of Republic Act (RA) 7160 or the
Local Government Code (LGC) of 1991, a meaningful decentralization of power in favor of
LGUs is yet to fully accord the genuine enjoyment of local autonomy. While broader powers
were conferred to the LGUs to create their own sources of revenue and were guaranteed their
just share in the national taxes collected by the National Government, the exercise of powers
particularly those for the general welfare remain constricted by national laws and policies that
tend to limit rather than grant greater autonomy to LGUs in recognition of their right to self-
government, make them self-reliant, and improve their administrative and technical
capabilities. This prevented LGUs from truly exercising their right to self-government and
address the different needs of their constituents. Hence, there is a need to further foster genuine
and meaningful local autonomy by strengthening the delegated power of LGUs under Section
16 of the LGC, which embodies the general welfare clause.

Concomitantly, central to the exercise of the powers conferred under Section 16 of the
LGC are the local sanggunians to whom the legislative powers and whose membership is
characterized by constituent representation. In the case of the sangguniang panlalawigan, R.A.
7160, as amended, fixes the number of regular members based on the classification of the
province determined via the income level prescribed by the Department of Finance. Specifically,
Section 41(b) of R.A. 7160, as amended by R.A. 8553, provides:

“(b) The regular members of the sangguniang panialawigan, sangguniang
panlungsod, and sangguniang bayan shall be elected by district as follows:

* Mandanas, et al, v. Ochoa, et al. and Garcia v. Ochoa, et al., G.R. Nos. 199802 and 208488, 3 July
2018, citing Disomangcop v. Datumanong, G.R. No. 149848,25 November 2004, 444 SCRA 203, 227.

= ODATE _July7, 2022

a,



“First and second-class provinces shall have ten (10) regular members; third
and fourth-class provinces, eight (8); and fifth and sixth-class provinces,
ssix (6): xxx. (Emphasis supplied)

Notably, fifth and sixth-class provinces only have six (6) regular members in their
respective sanggunians. On the other hand, municipalities have a minimum of eight (8) regular
members in their sangguniang bayan. Given the relatively larger constituency which
sangguniang panlalawigan members represent, this condition alone makes a lot of sense to
increase the number of regular seats in the sangguniang panlalawigan.

The present number of regular seats was first provided for in R.A. 6636, as amended
by R.A. 6637. The determination of the number of seats was basically tied up with the income
classification of the province. However, population is an indispensable component which cannot
simply be ignored. After all, the purpose of electing members of the sangguniang panialawigan
is representation. Thus, under Section 41(b) of R.A. 7160, as amended, provinces with more
than five (5) legislative districts were apportioned two (2) sangguniang panialawigan members
for each district.

The population of the Philippines in 1987 was about 57.313 million? Understandably,
the previous apportionment of sanggunian representation under R.A. 6636, as amended, was
influenced by income and population levels at that time. After more than three decades,
however, the country’s population has grown to 108.713 milion? as of 27 November 2019.
Obviously, a corresponding increase of representation in the sangguniang panlalawigan is
logical.

In representation terms, the larger number of representatives translate to a greater voice
for the constituents represented, The district constituents would have more members speaking
for them and voting in the sanggunian. Therefore, the increase in the number of regular seats
cannot but be a quantitative and proportional improvement in the representation of constituents
in the sangguniang panialawigan.

The proposed increase in number of regular members in the sangguniang panlalawigan
offer greater and more representative choice for voters. It assures better representation for
ventilating, articulating and crystalizing issues affecting government administration and
obtaining solutions thereto. It also enhances initiatives that promote development of the districts
they represent and secure the general welfare of their constituencies

‘Support for this bill is, therefore, earnestly requested from my colleagues.
=

RT RAYMOND S. GARCIA
2° District, Bataan

hlosnnindexmund comfacshiioinestpnuatn ls accossed ‘on 29 October 2019.

; last accessed on 27 November



Republic of the Philippines
House of Representatives
Quezon City
NINETEENTH CONGRESS
First Regular Session

House Bill No. 1615

AN ACT
PROVIDING FOR THE MANNER AND DATE OF ELECTION OF
SECTORAL REPRESENTATIVES TO THE LOCAL SANGGUNIANS
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the ‘Local Sectoral
Representation Act.”

SEC. 2. Declaration of Policy - It is hereby declared the policy of the State to
have sectoral representation in the local legislative bodies of provinces, cities, and
municipalities. Toward this end, the State shall uphold the right of the people and their
organizations to effective and reasonable participation at all levels of social, political,
and economic decision-making.

SEC. 3. Definition of Terms. — As used in this Act:

(a) “Coalition” refers to an aggrupation of duly registered sectoral organizations
as defined in this Section and any other sector as may be determined by the sanggunian
concerned for political and/or election purposes,

(b) “Indigenous Cultural Communities or Indigenous Peoples” refer to a
group of people or homogenous societies identified by self-ascription and ascription by
others as defined under Section 3 (h) of Republic Act No. 8371 otherwise known as
“The Indigenous People’s Rights Act of 1997";

(c) “Marginalized Sector” refers to those who are under-represented and
underprivileged;

(d) “Sectoral Organization” refers to a group of citizens belonging to any of the
following sectors: (1) women, (2) workers, (3) indigenous cultural
communities/indigenous peoples, (4) differently-abled persons, (5) senior citizens, (6)
urban poor, (7) cooperatives, or (8) such other sector as may be determined by the
sanggunian concerned; and


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(e) “Workers” refers to industrial, commercial, service workers, migrant
workers, informal sector workers, or agricultural workers.

SEC. 4. Election of Sectoral Representatives. - There shall be three (3) sectoral
representatives each in the sangguniang panlalawigan, sangguniang panlungsod and
sangguniang bayan who shall be elected as provided for in this Act: one (1) from the
women's sector; one (1) from the worker's sector; and one (1) from any of the following
sectors: indigenous cultural communities/indigenous peoples, differently-abled
persons, senior citizens, urban poor, cooperatives or any other marginalized sector as
may be determined by the sanggunian concerned.

The sector to be represented in the local sanggunians other than women and
worker sectors shall be determined through a resolution approved by a majority vote of
the sanggunian concerned not later than one (1) year following the effectivity of this Act
taking into consideration the size and number of members of the sectors seeking
representation, impact of issues and concerns of the sector in relation to the overall
welfare and development of the local government unit, and adequacy of representation
in other bodies of the sectors seeking representation: Provided, That in local
government units with indigenous cultural communities or indigenous peoples, the seat
shall automatically be reserved to the said sector.

The sector identified pursuant to the immediately preceding paragraph other
than indigenous cultural communities/indigenous peoples shall continue to be
represented in the local sanggunians until the sanggunian concerned shall have
determined that a new sector emerged to have a better right of representation. Such
determination shall be made not later than one (1) year following the effectivity of this
Act.

The manner of selection and representation of indigenous cultural communities
or indigenous peoples in local sanggunians shall continue to be governed by “The
Indigenous People’s Rights Act of 1997” and the rules and regulations promulgated to
implement the same.

SEC. 5. Date of Election. - The first election of sectoral representatives in the
sangguniang panlalawigan shall be held simultaneously with the next national and local
elections after the effectivity of this Act. The sectoral representatives in the
sangguniang panlungsod and sangguniang bayan shall be elected three (3) years
thereafter.

SEC. 6. Registration. - Any sectoral organization or coalition which has been in
existence for at least one (1) year at the time of the effectivity of this Act, is duly
registered with the Securities and Exchange Commission (SEC), or the Department of
Labor and Employment (DOLE), or any other national government agencies or local
government units, and with a membership of not less than two hundred (200) registered
voters in the province or highly urbanized city, and not less than fifty (50) registered
voters in any other city or municipality where it seeks to be a candidate, shall file with
the appropriate provincial, city or municipal election officer, not later than nine (9)
months on the day of the election, a petition for registration and manifestation duly
verified by its president or secretary stating its intention to participate in the election of
sectoral representative, attaching thereto its constitution, by-laws, platform or program
of government, list of officers, coalition agreement, if any, and other relevant information
as the Commission on Elections (COMELEC) may prescribe.


The failure to submit the formal requirements prescribed in the preceding
paragraph shall be a ground for dismissal of the petition, motu proprio, by the election
officer concerned. Otherwise, the election officer shall immediately post the verified
petition in the office of the election officer and in the bulletin board of the provincial, city
or municipal hall, setting the same for hearing at an appointed time and date.

The election officer shall, after due notice and hearing, resolve said petition
within thirty (30) days from the date of its submission for resolution. In case of dismissal
or denial of the petition, the sectoral organization or coalition concerned may file a
motion for reconsideration within five (5) days from receipt of the decision. The election
officer shall resolve the motion within five (5) days.

If the motion for reconsideration is denied, the aggrieved party may, within five
(5) days from receipt of the resolution, appeal such denial before the regional election
officer in case of decisions rendered by election officers of provinces, highly urbanized
cities and independent cities, and before the provincial election officer, in case of
decisions rendered by election officers of other cities and municipalities. The regional
or provincial election officer shalll render decision within fifteen (15) days from receipt of
the appeal but in no case later than the deadline for the filing of certificates of candidacy.
The decision of the regional or provincial election officer, as the case may be, shall be
final, executory and non-appealable.

The provincial, city or municipal chapters of registered provincial, regional or
national sectoral organizations or coalitions shall be deemed registered: Provided, That
the local chapters shall notify and submit a proof of chapter affiliation and registration
of such provincial, regional or national sectoral organization or coalition to the provincial,
city or municipal election officer: Provided, further, That provincial, city or municipal
sectoral organizations or coalitions shall have chapters in at least twenty-five percent
(25%) of the total number of municipalities or cities of a province where it seeks to be a
candidate for sangguniang panlalawigan: Provided, finally, That each chapter shall
have a membership of not less than fifty (50) registered voters.

SEC. 7. Refusal or Cancellation of Registration. — The provincial, city or
municipal election officer may, motu proprio, or upon verified complaint of any interested
party, refuse or cancel, after due notice and hearing, the registration of any sectoral
organization or coalition on any of the following grounds:

(a) It is a religious sect or denomination, organization or association organized
solely for religious purposes;

(b) It advocates violence or unlawful means to seek its goal;

(c) Itis a foreign organization;

(d) It receives support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers or members or
indirectly through third parties for partisan election purposes;

(e) Itis affiliated or receives support from major political parties accredited by the
COMELEC;

(f) It violates or fails to comply with laws, rules and regulations relating to
elections;

(g) It declares untruthful statements in its petition;

(h) It was dissolved, absorbed by or merged with another sectoral organization;
and

() It fails to participate in the last two (2) consecutive elections.


SEC. 8. Manifestation to Participate in Elections. — Any sectoral organization or
coalition already registered with the COMELEC need not register anew. However, such
organization shall file with the provincial, city or municipal election officer, not later than
nine (9) months before every election, a manifestation of its intention to participate in
the elections of sectoral representatives: Provided, That a coalition may run only for
one and the same sector in a province, city or municipality: Provided, further, That no
member-organization of thew coalition which has manifested its desire to participate in
the elections shall be eligible to run in the same local government unit.

SEC. 9. Certified List of Registered Sectoral Organizations and Coalitions. —
The provincial, city and municipal election officer shall, not later than sixty (60) days
before election, prepare a certified list of sectoral organizations and coalitions which
have applied or manifested their desire to participate in the election of sectoral
representatives to the local sanggunians and distribute copies thereof to all precincts
for posting in the polling places on election day. The names of the nominees shall not
be shown on the certified list.

SEC. 10. Nomination of Sectoral Representative. — Each registered sectoral

organization or coalition shall submit to the provincial, city or municipal election officer
concerned not later than forty-five (45) days before the election, a list of nominees,
ranking them as the first, second and third nominees.

No person shall be nominated in more than one (1) list. Only persons who have
given their consent in writing may be included in the list. The list shall not include any
candidate for any elective office or a person who has lost in any national or local election
other than that of sectoral representative in the immediately preceding election. No
change of names or alteration of the order of nominees shall be allowed after the same
are submitted to the COMELEC except in cases where the nominee dies, withdraws in
writing, or becomes incapacitated.

SEC. 11. Qualifications of Sectoral Nominees. — No person may be nominated
as sectoral representative unless such nominee is:

(a) A citizen of the Philippines;

(b) A registered voter in the city or municipality where the nominee intends to be
elected;

(c) A resident therein for at least one (1) year immediately preceding the day of
the election;

(d) At least twenty-three (23) years of age, for sangguniang panlalawigan and
sangguniang panlungsod of highly urbanized cities, and at least eighteen (18) years of
age, for sangguniang panlungsod of other cities and sangguniang bayan, on the day of
election;

(e) A bona fide member of sectoral organization or coalition which the nominee
seeks to represent for at least ninety days preceding the day of the election; and

() Able to read and write Filipino or any other local dialect of the local government
unit where he or she seeks to be elected.


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SEC. 12. Disqualification of Sectoral Nominees. - The following are disqualified
as nominees for sectoral representatives:

(a) Those sentenced by final judgment of an offense involving moral turpitude or
an offense punishable by imprisonment of one (1) year or more, within two (2) years
after serving the sentence;

(b) Those removed from office by final judgment in an administrative case;

(c) Those convicted by final judgment for violating the oath of allegiance to the
Republic of the Philippines;

(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or nonpolitical cases here or abroad;

(f) Permanent residents in a foreign country or those who have acquired the right
to reside abroad and continue to avail of the same right;

(g) Members of major political parties accredited by the Commission or
incumbent elected officials upon their nomination;

(h) Those whose income and assets are way beyond the average income and
assets of the members of the sector they seek to represent; and

(g) Persons declared insane by competent authority.

SEC. 13. Nominees Holding Appointive Office. - Any person holding appointive
office or position in the government, including active members of the Armed Forces of
the Philippines (AFP), the Philippine National Police (PNP), and other law enforcement
agencies and officers and employees of government-owned or controlled corporations
and their subsidiaries shall be considered ipso facto resigned from office upon
acceptance of the nomination as a candidate for the position of sectoral representative

SEC. 14. Manner of Voting. - The sectoral representatives shall be voted at
large. Every registered voter shall be entitled to vote for each of the positions reserved
for sectoral representatives in the local sanggunians: Provided, That a vote cast for a
sectoral organization or coalition not entitled to be voted upon shall not be counted.

SEC. 15. Term of Office. — The sectoral representatives shall be elected for a
term of three (3) years. No sectoral representative shall serve for more than three (3)
consecutive terms in the same position. Voluntary renunciation of the office for any
length of time or any term sharing arrangement among nominees within the sector shall
not be considered as an interruption in the continuity of service for the full term for which
the sectoral representative concerned was elected.

If the sectoral organization or coalition which nominated a sectoral
representative is dissolved or disbanded during one’s incumbency, the representative
shall, jpso facto, lose representation, and the seat shall be deemed vacant.

SEC. 16. Effect of Change, Termination of Affiliation. - Any elected sectoral
representative who changes organizational affiliation or whose affiliation in the
organization represented is terminated by that organization during sectoral
representatives tenure in office, shall forfeit the seat and shall not be eligible for
nomination by any other sectoral organization or coalition.

SEC. 17. Vacancy. — In case a permanent vacancy in any of the seats for sectoral
representatives occurs, the vacancy shall be immediately filled by the next nominee of
the organization or coalition represented by the person who caused the vacancy as
appearing in the list of nominees submitted to the provincial, city or municipal election


officer pursuant to Section 10 of this Act. Provided, That the successor shall serve only
the unexpired portion of the term of the vacated office.

In case the list of nominees is exhausted, the sectoral organization or coalition
concerned shall submit the name of an additional nominee to the provincial, city or
municipal election officer concerned: Provided, That the new nominee is not disqualified
under this Act: Provided, further, That this procedure shall equally apply if the vacancy
is caused by the recall of the nominee by the organization or coalition he represents.

SEC. 18. Rights of Sectoral Representatives. — Sectoral Representatives shall
be entitled to the same salaries, emoluments, rights, privileges, and benefits enjoyed
by regular members of the sanggunian.

SEC. 19. Voters’ Education. - The Commission shall carry out a continuing and
systematic campaign through newspapers of general circulation, radio and other media
forms, as well as through seminars, symposia, and other non-traditional means to
educate the public and fully inform the electorate about the election of sectoral
representatives.

SEC. 20. Rules and Regulations. - The Commission shall promulgate the rules
and regulations necessary to carry out the purposes of this Act.

SEC. 21. Separability Clause. — If any part or provision of this Act is declared
invalid or unconstitutional, the other parts or provisions not affected shall continue to be
in full force and effect.

SEC. 22. Repealing Clause. - Sections 41(c), 446(b), 457(b) and 467(b) of
Republic Act No. 7160, otherwise known as the “Local Government Code of 1991” are
hereby amended. All other laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed
or amended accordingly.

SEC. 23. Effectivity - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved.