Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

832

House Bill No.

Introduced by Representative Gabriel H. Bordado, Jr.

EXPLANATORY NOTE

Republic Act 7160, otherwise known as the Local Government Code, fully
recognizes the vital role of people's organization, non-government organizations, and
the private sector in the arduous task of nation-building, as reflected in the following
provisions:

“Section 2. Declaration of Policy (c).- It is likewise the policy of State to require
all national agencies and offices to conduct periodic consultations with appropriate
local government units, nongovernmental and people's organizations, and other
concerned sectors of the community before any project or program is implemented
in their respective jurisdiction.”

“Section 3. Operative Principles of Decentralization (I). - The participation
of the private sector in local governance, particularly in the delivery of basic
services, shall be encouraged to ensure the viability of local autonomy as an
alternative strategy for sustainable development.”

* Section 27. Prior Consultation Required.- No project or program shall be
implemented by government authorities unless the consultations mentioned in
Sections 2(c) and 26 are complied with.”

Unfortunately, more than two decades after the passage of the Local
Government Code, a law has yet to be framed to institutionalize the participation of
such sectors in nation-building.

This bill, first introduced by former Representative and now Vice President
Maria Leonor G. Robredo in the 16'* Congress, seeks to address this legislative
wee Expeditious passage Figas is sincerely being sought.

Sabre /Bordado, rf

resentgtive, Third District of Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No,__ 832

Introduced by Representative Gabriel H. Bordado, Jr.

“AN ACT CREATING A SYSTEM OF PARTNERSHIP BETWEEN LOCAL
GOVERNMENTS AND CIVIL SOCIETY ORGANIZATIONS THROUGH
THE ESTABLISHMENT OF A PEOPLE'S COUNCIL IN EVERY LOCAL

GOVERNMENT UNIT, PRESCRIBING ITS POWERS AND FUNCTIONS”

Section 1. Short Title.— This Act shall be known as ‘The People Empowerment Act’

Sec. 2. Declaration of Policy. ~ It is hereby declared as policy of the State to ensure participation of
citizens in all avenues of local governance. Likewise, the State acknowledges the value of creating a
mechanism where its citizen's views and opinions in different areas of governance may be heard and
considered. Furthermore, pursuant to Article Il Section 23 of the Constitution, the State recognizes the value
of non-governmental, community-based, or sectoral organizations in nation building and creating an avenue
to ensure their growth and development. The state also recognizes that a partnership with POs and CSOs
will spur development in local government units (LGUs) as envisioned by the Local Government Code of
4981

Sec. 3. Definition of Terms. - For the purposes of this Act:

a) Civil Society Organization (CSO) refers to any organized citizens’ group including People’s
Organizations (POs) and Non-Government Organizations (NGOs) such as community groups, labor
unions, indigenous groups, charitable organizations, faith-based organizations, professional
associations, and foundations;

b) Local Sanggunian refers to the local legislative body either specifically the Sangguniang
Panglungsod for cities or the Sangguniang Bayan for municipalities;

©) People’s Organization refers to a bona fide cooperative or association of citizens organized for
purposes not contrary to law with demonstrated capacity to promote the public interest and with
identffable leadership, membership, and structure with none of its officers and members occupying
elective government positions.

Sec. 4. Registration of CSOs.- Any CSO in active operation for at least one year may be registered in
their respective city or municipality where they conduct their operations and where majority of their members
reside. Registration will be approved by the Local Sanggunian, upon submission or compliance of the
following requirements:


a)

Proof of existence and operation in the respective city or municipality they are applying in for
at least one year prior to the application for registration;

b)

Proof of activities held in pursuit of developmental objectives or of organizational activities
conducted;

°)

Program of activities planned for the year following the date of application for registration;
d

Copies of its constitution, by-laws and/or articles of incorporation;

e)

Lists ofits officers and members of good standing and their respective addresses;
f) Financial statement and declaration of assets and liabilities; and
g) Board resolution manifesting a decision to register and participate under this Act.

A CSO whose application for registration has been approved shall be issued a certificate of registration
containing, among others, the terms and conditions for the maintenance of its registered status.

The Local Sanggunian, however, may from time to time, and in consultation with the Local People's Council,
impose such other requirements and conditions for registration as it may deem appropriate to best adhere
to the principles ofthis Act.

Any CSO already accredited by the Local Government prior to the effectivity ofthis Act need not register for
purposes of this Act, unless its accreditation has in the meantime been withdrawn.

Sec. 5.Registration Deemed Inactive. - A registered CSO is required to submit, by January 31 of every
year, a lst of accomplishments of the previous year and its plans forthe current year, Any CSO who fails to
‘comply for two (2) consecutive years, shall automatically have its registration deemed inactive.

‘Any CSO whose registration has been deemed inactive may not avail of the Rights and Privileges of
registered CSOs contained in Section 7 of this Act.

CSOs may reactivate their registration upon submission of documents they lack.
Sec. 6. Committee on Registration of CSOs. - There shall be a Committee on Registration of CSOs in
each Local Sanggunian of al ities and municipalities. tis mandated to perform the following functions:
a) Receive and process applications for registration;
b) Monitor compliance with the conditions for registration; and
) Initiate legislative measures for the effective performance of its tasks.
The Local People's Council, once formally organized, shall be entitled to a two-seat representation in the

Committee.

Sec. 7. Rights and Privileges of Registered CSOs. - Registered CSOs may enjoy the following rights and
privileges:


Enter into joint ventures and other cooperative undertakings with the Local Government fo engage in
the delivery of certain basic services, capabilty-building and livelinood projects;

b)

Develop local enterprises designed to improve productivity and income, diversify agriculture, spur
tural industrialization, promote ecological balance, and enhance the economic and social well-being
of the people within the framework of equitable and sustainable development;

°)

Receive assistance from the Local Government for economic, socally-oriented, environmental, good
governance, or cultural projects to be implemented within their teritorial jurisdiction;

d)

Join and become part of the Local People's Council

Sec. 8. Creation of Local People's Councils. - A Local People’s Council, composed of accredited
CSOs, shall be created. For this purpose, the Committee on Registration of CSOs of each Local
Sanggunian shall, not later than ninety (90) days from the effectivity of this Act, call for a convention ofall
accredited CSOs to facilitate the formal organization of the Local People's Council. Thereafter, the
organized group shall file a petition for recognition to the Local Sanggunian.

A Local People’s Council shall be formally created upon approval by the Local Sanggunian of the petition for
recognition.

Sec. 9. Structure and Rules of the Local People’s Council, - Each Local People's Council shall
determine its own organizational structures and internal rules, but shall at all times provide for adequate
consultation mechanisms for purposes of obtaining the views and suggestions of all political parties or
movements, government employees’ organizations, other non-accredited but legitimate CSOs, and
accredited CSOs which are not members of the Council;

Provided, that no political party, government employees’ organization or non-registered CSOs may be
nominated by the Council for membership in the LGU’s special bodies nor may they be granted the rights
and privileges of accredited CSOs under this Act; and,

Provided further, that no provision herein shall be interpreted to prohibit the Couneil from changing its name
(or from being organized for purposes other than those indicated in this Act.

Sec. 10. Recognition of the Local People's Council by the Local Sanggunian. - Only one Local
People's Council shall be recognized by each Local Sanggunian. The Local Sanggunian is mandated to
‘award recognition to a People's Council within thirty days from the fling of a petition for recognition.

Sec. 11. Withdrawing Recognition of the Local People’s Council. - The Local Sanggunian can withdraw
the recognition granted to the Local People's Council, only upon action of a petitioner, and based on the
following grounds:

a) That the Local People's Council allowed itself or any ofits member organizations to engage primarily
in, orto be used primarily for, partisan political activities;

b) Other grounds to be provided for in the Implementing Rules and Regulations of this Act.


The Local Sanggunian shall not entertain and exercise jurisdiction over internal andlor inter-organizational
conflicts within the Local People's Council

Sec. 12. Powers and Responsibilities of the Local People’s Council. - Upon recognition, the Local
People’s Council may, in accordance with its policies and internal rules, exercise the following powers and
responsibilities:

) Elect or appoint, from among its member organizations, its representatives to all Local
Government bodies, boards, councils, committees, task forces special government bodies
and other similar work groups which the Local Government or national laws may hereinafter
create. Member organizations elected or appointed to represent the Local People's Council
shall have the sole prerogative to choose, from among their bona fide members, the persons
who shall sit in the boards, councils, committees, task forces andlor special bodies
concerned. Unless otherwise provided herein, such representatives shall not exceed twenty-

five (25) percent of the membership of the board, council, committee, task force or special

body;

b) Participation of the Local People’s Council or any of its member organization in the
‘conception, implementation and evaluation of government activities and functions shall be
without compensation or remuneration. The Local Government, however, shall provide for
the necessary office spaces, faciliies and/or equipment for said participation ofthe Council

2

Representatives of the Local People's Council may observe, vote and participate in the
deliberation, conceptualization, implementation and evaluation of projects, activities and
programs of the Local Government, propose legislations and participate and vote at the
Committee level ofthe Local Sanggunian,

d) The Local People’s Council shall also elect a representative for the provincial level.

Sec. 13. Creation of a Provincial People’s Council. - A Provincial People’s Council shall be created and
recognized by the Sangguniang Panlalawigan. The Provincial People's Council shall be composed of all
Tepresentatives to the provincial level from the Local People’s Councils within the Province's jurisdiction.

The Provincial People's Council shall elect, from within its ranks, a representative who will sit on the
Sanggunian Panlalawigan and shall exercise the duties and powers of a Provincial Board member.

Sec. 14. Non-Partisan Nature of the Local and Provincial People’s Council - The Local or Provincial
People's Council shall not engage in, or allow itself or its member organizations to be used for purposes of
partisan politics and shall adopt such measures to ensure that itis adequately shielded from any politcal
partisanship or influence.

For purposes of this Act, partisan politics shall refer to any activity statement or manifestation which solely
or primarily serves to campaign for or against any particular politcal party or any candidate for any elective
public ofice.

‘Sec. 15. Amendment of the Composition of Local Government Units. - The existing compositions of the
committees, boards, councils, task forces, special bodies of all Local Governments are hereby amended
and modified to accommodate the membership and participation therein ofthe Local People's Couneil or its
representatives as herein mandated.


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Sec. 16. Right to Self-Organization. — Pursuant toto Article Xill, Section 15 of the Constitution, CSOs are
recognized as independent and autonomous selt-help organizations. They are encouraged to organize into
formal cooperatives, labor union, interest groups, non-government organizations, sectoral organizations
and/or people's organizations in furtherance of their constitutionally mandated role of enabling the people to
pursue and protect, within the democratic framework, ther legitimate and collective interests and aspirations
through peaceful and lawful means.

Furthermore, the Department of Local and Interior Government (DILG) and LGUs are mandated to assist,
and support efforts of the people towards self-organization to address their common concems, to promote
their common welfare, and/or to serve their localities or their communities and interests.

Sec. 17. Funding. - The funds needed for the capacity building of CSOs shall be included in the annual
budget of the DILG. The funds necessary for the maintenance and operational expenses of Local People's
Council, in relation to participation in local governance, shall be included in the annual budgets of respective
LGUs.

Sec. 18. Information Boards And Suggestion Boxes. - Information boards and suggestion boxes shall
be provided, maintained and controlled by the Local Government Unit in each barangay, at the public
plazas, city hall compound, public markets, schools, government offices, and at such’ public places
accessible to the people, which boards and boxes shall be other than those maintained by the barangays
and the national government, and shall be controled solely by the Local Government Unit.

Local Governments are mandated to respond within 15 working days to the suggestions filed by citizens in
suggestion boxes.

Sec. 19. Implementing Rules and Regulations.- Within one hundred twenty (120) days from the effectivity
of this Act, the DILG, LGUs, in consultation with CSOs that have experience working with Local
Governments, shall determine effective ways and methods for the implementation of this Act and craft the
Implementing Rules and Regulations.

Sec. 20. Separability Clause. - if any provision of this Act is declared invalid or unconstitutional, the other
provisions, not affected thereby, shall remain valid and subsisting.

Sec. 21. Repealing Clause. - All laws, presidential decrees, executive orders, proclamations and/or
administrative regulations, which are inconsistent with the provisions of this Act are hereby amended,
modified, superseded or repealed accordingly.

Sec. 22. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or at least two newspapers of general circulation,

Approved.