Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 382 64

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Article II, 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.

3

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

8 A
HOUSE BILL NO. _ 826 <

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
STRENGTHENING THE RIGHT OF THE PEOPLE TO
PARTICIPATORY GOVERNANCE THROUGH THE
EMPOWERMENT OF NONGOVERNMENT ORGANIZATIONS
(NGO) AND PEOPLE’S ORGANIZATIONS, INSTITUTING FOR 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 assembled:

SECTION 1. Title. - This Act shall be known as the “Bottom-to-Top
Participatory Governance Through Non-Government Organizations and
People’s Organizations Empowerment Act of 2010.”

SEC. 2. Declaration of Policy. - Pursuant to Article II, 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.

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.


Y

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 goverment 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 written proposals for the development plan; Provided,
however, That all submissions must 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 concemed and entered into a
database created for such purpose. The provincial councils shall collate the
submissions made in their respective area and shall furnish 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 fo
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).


SEC. 9. Access to Public Facilities. - The NGOs and POs operating in
the respective local government units shall have the right fo 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 concemed shall notify the local
government official who is tasked to manage the use of aforestated goverment
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 Information. -Each local government unit shall
designate a portion of their bulletin board and/or 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 (Php20,000.00); 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 other provisions 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 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,