._. , 
‘-i‘ 
1 .  
, , ii 
,,...I 
*.<, . 
. . , ~  ,. 
~ > , I ,  3,si.;::,lJ< 
Qs:::i.: 
,i’ 
FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
Second Regular Session 
# . . , I ! . ’ ’  
, 
S. B. No. 
SENv246 
y”Ffi:, 
:\;;-- 
, ,. ,. 
/, 
INTRODUCED BY HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Article 11, Section 23 of the 1987 Constitution states that the “State shall encourage 
non-governmental, community-based, sectoral organizations that promote the welfare of the 
nation.” This is further asserted in Article XIII, Sections 15 and 16 that the State shall respect 
the role and rights of independent people’s organizations in the pursuit of their collective 
interests and aspirations and ensure their effective and reasonable participation at all levels of 
social, political and economic decision-making. 
This participation was institutionalized so that socio-economic and political structures 
may be moved by the efforts of people together with the government. And through people’s 
organizations those who have no wealth or political influence can empower themselves. 
By far, the most concrete expression of people’s participation in governance is the role 
played by the non-government organizations (NGOs) and people’s organizations (POs) in the 
so-called local special bodies, such as the local development council (LDC), which according 
to the Local Government Code, should be constituted from the barangay level up to the 
regional level. The LDC has a crucial role: it formulates plans that would determine what 
development projects should be pursued and how these would be financed, among others. 
However, based on DILG monitoring reports, it was found out that development 
councils are not effectively functioning, much less serve its real purpose. Even the DILG- 
sponsored study on People’s Participation on LDC concludes that after 10 years of operations, 
compliance is limited and many of these are simply rubber stamps for plans prepared by the 
local planning office or consultants. 
The proposed measure therefore seeks to strengthen the participation of the public 
through NGOs and POs and thereby establish a bottom-to-top formulation of development 
plans, which will ensure that development plans are reflective of what is the real need of the 
people. 
In view of the foregoing, approval of this bill is earnestly sought. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
STRENGTHENING THE RIGHT OF THE PEOPLE TO PARTICIPATORY 
GOVERNANCE 
THROUGH 
THE 
EMPOWERMENT 
OF 
NON- 
GOVERNMENT 
ORGANIZATIONS 
(NGO) 
AND 
PEOPLE’S 
ORGANIZATIONS, INSTITUTING FQR THE PURPOSE A BOTTOM-UP 
MECHANISM IN CRAFTING DEVELOPMENT PLANS AND FOR OTHER 
PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Title. - 
This Act shall be known as the ‘Bottom-to-Top Participatoy 
Governance Through Non-Government Organizations and People’s Organizations 
Empowerment Act ofZ009.” 
SEC. 2. Declaration of Policy. - 
Pursuant to Article 11, Section 23 of the 1987 
Constitution, the State hereby declares the policy of encouraging non-governmental, 
community-based, sectoral organizations that promote the welfare of the nation. Towards 
this end, the State shall respect and strengthen the role and rights of independent non- 
government and people’s organizations in the pursuit of their collective interests and 
aspirations and ensure their effective and reasonable participation at all levels of social, 
political and economic decision-making. 
SEC. 3. Coverage. - This Act shall apply to all barangay, municipal and provincial 
development councils of all local government units and the regional development councils of 
all regions of the Philippines. 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
SEC. 4. Strengthened Mandatory Participation of Non-Government Organizations 
(NGOs) and People’s Organizations (POs) in the Formulation of Development Plans. All 
local and regional development councils shall, in formulating the development plan of each 
respective local government unit or respective region, take all measures to ensure the 
participation of the Non-Government Organizations (NGOs) and People’s Organizations 
(POs), through the mechanisms set forth in this Act; Provided That, this shall be in addition 
to the existing rights of NGOs and POs granted under Section 107 of Republic Act No. 7160 
otherwise known as the “Local Government Code of 1997”and other laws. 
SEC. 5. Mandatory Public Notice of the Call for Written Submissions from NGOs and 
POs. - The barangay secretary of each Barangay Development Council, the coordinator of 
the each Provincial/City/Municipal Development Council or the regional director of each 
Regional Development Council, as the case may be, shall issue a notice of the call for written 
submissions from NGOs and POs of their respective proposals and/or comments for the 
formulation of the development plan of each LGU or region. The notice shall be in a 
language understood by the community. 
The notice of the call for written submissions shall be posted at prominent places in 
the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum 
period of three (3) consecutive weeks. Such notice shall also be published in a local 
newspaper, where available, within the territorial jurisdiction of the local government unit 
concerned; Provided, That such publication requirement shall not be mandated in the case of 
barangay; Provided further, That the notice shall be posted and/or published at least forty- 
five (45) days prior to the deliberations on the development plan for the ensuing year. 
During this period, any NGO or PO may submit to the development council secretariat 
24 
written proposals for the development plan; Provided, however, That all submissions must 
- 2 -  


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
be made ten (10) days prior to the commencement of the deliberations on the development 
plan, the exact date of which must be indicated in the public notice. 
All submissions made by the NGOs and POs shall be part of the official records of the 
deliberations on the local development plan and shall be considered as public documents, 
which may be accessed by any person upon request. 
SEC. 6. Responses to Submissions. All submissions shall be properly stamped received 
by the development council concerned and entered into a database created for such purpose. 
The provincial councils shall collate the submissions made in their respective area and shall 
hrnish the National Economic and Development Authority (NEDA) with copies of all the 
submissions they have received, including a summary of such submissions. 
Upon closure of the period for submission, all submissions shall be carefully 
considered and analyzed. The local or regional development council concerned shall take 
these submissions into consideration in formulating its development plan. The actions taken 
by the local or regional development councils shall be relayed to the appropriate NGOs and 
POs as soon as practicable. 
SEC. 7. Transparency in the Deliberations of the Development Council. - The 
deliberations of all the development councils shall be open to the public. Provided, That this 
shall not apply to matters which concern public security. 
SEC. 8. Presentation of the Proposed Development Plan Prior to Its Submission for 
Approval. - The respective local and regional development councils of the local government 
unit or region concerned shall present the proposed development plan to all relevant 
stakeholders, prior to its submission to the appropriate sanggunian for approval. A copy of 
the approved development plan shall be submitted to the National Economic and 
Development Authority (NEDA) and the Department of Interior Local Government (DILG). 
- 3 -  


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
SEC. 9. Access to Public Facilities. - The NGOs and POs operating in the respective 
local government units shall have the right to use public facilities, such as multi-purpose hall, 
plaza, people’s park, auditorium or similar structures located in said local government unit, 
for purposes of their meetings and other activities. The officials of the NGO and/or PO 
concerned shall notify the local government official who is tasked to manage the use of 
aforestated government facilities; Provided, That such local government official shall not 
deny the use in any of the said government facilities except for a legitimate previously 
scheduled use; Provided further, That, any fee collected for the use of such public facilities 
shall be waived. 
SEC. 10. Access to Informarion. -Each local government unit shall designate a portion 
of their bulletin board andor other public posting areas for dissemination of information 
relevant to NGOs and POs such as, but not limited to, activities and programs where they 
can participate, possible sources of funding for their activities and such other significant 
information that may be used by the NGOs and POs. 
SEC. 11. Penal Provisions. - (a) Failure to Publish Public Notice of Call for 
Submissions and/or Refusal to Acknowledge Receipt the Submissions. - Any public official or 
employee who shall fail to publish the notice of public call for submissions or shall refuse to 
acknowledge receipt any submission made by NGOs or POs shall suffer a penalty of 
suspension of six (6) months to one (1) year and a fine not exceeding Twenty Thousand Pesos 
(Php20,OOO.OO); Provided, That this shall be without prejudice to criminal, civil and/or 
administrative charges which the public official or employee may be held liable under 
existing laws. 
(b) Violations of otherprovisions of this Act. - Any person who shall violate any of 
the provisions of this Act, which are not covered by the immediately preceding paragraph, 
shall suffer a penalty of suspension two (2) months to six (6) months and a fine not exceeding 
4 -  


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
ten (10) thousand pesos; Provided, That this shall be without prejudice to criminal, civil 
andor administrative charges which the public official or employee may be held liable under 
existing laws. 
SEC. 12. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, 
or parts thereof inconsistent with or contrary to the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC. 13. Separability Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, other parts or provisions thereof, which are not affected, shall 
continue to remain in full force and effect. 
SEC. 14. Effectivity, - This Act shall take effect fifteen (15) days following completion 
of its publication in at least two (2) newspapers of general circulation. 
Approved, 
- 5 -