Towards the Realization of
a Genuine and Sustained
People’s Participation in
Governance
Prepared by:
Andy Q. Rosales
Tita Cory’s unfinished business…
…The new law (RA 7160) lays down the
policies that seek to institutionalize
democracy at the local level. It hopes,
therefore, to complete the initial process of
empowering our people through DIRECT
PARTICIPATION in the affairs of government,
by ALLOWING THEM THE WIDEST
POSSIBLE SPACE TO DECIDE, INITIATE
AND INNOVATE…
- Former President Cory C. Aquino
1. The Mandate
The Mandate
… the effective solution of the country’s economic
and social problems requires a clear
understanding between Congress and the
Executive, on the one hand, and the people, on the
other hand, on the basic policies that shall govern
the national endeavor towards economic and
social development in order to ensure effective
cooperation in their implementation…
“The Magna Carta of Social Justice and Economic Freedom”
House Joint Resolution No. 2
(As finally approved by the Sixth Congress at its
NINTH SPECIAL SESSION
July 1969)
The Mandate
…it is imperative to set forth the core of the
national philosophy that will achieve social
justice, develop national self-reliance, and
increase the productivity of the national
economy…
“The Magna Carta of Social Justice and Economic Freedom”
House Joint Resolution No. 2
(As finally approved by the Sixth Congress at its
NINTH SPECIAL SESSION
July 1969)
The Mandate
…it is likewise the policy of the State to require all
national agencies and offices to conduct periodic
consultations with appropriate local government
units, non-governmental and people’s
organizations, and other concerned sectors of the
community BEFORE ANY PROJECT OR
PROGRAM IS IMPLEMENTED IN THEIR
RESPECTIVE JURISDICTIONS.
Sec. 2 (c), Chapter I, Title I, Book I, RA 7160
(Local Government Code of 1991)
The Mandate
… Local government units may
group themselves, consolidate or
coordinate their efforts, services,
and resources for purposes
commonly beneficial to them…
Sec. 3 (f), Chapter 1, Title I, Book I, RA 7160
(Local Government Code of 1991)
The Mandate
… National planning shall be
based on local planning to ensure
that the needs and aspirations of
the people as well as those of the
LGUs shall be considered in the
formulation of budgets of NGAs…
Article 405 (a ), IRR of RA 7160
The Mandate
… Local budget plans and goals shall,
as far as practicable, be harmonized
with national development goals and
strategies in order to optimize the
utilization of resources and to avoid
duplication in the use of fiscal and
physical resources…
Article 405 (b), IRR of RA 7160
The Mandate
…Any provision on a power of a local
government unit shall be liberally
interpreted in its favor, and in case of doubt,
any question thereon shall be resolved in
favor of devolution of powers and of the
lower local government unit. Any fair and
reasonable doubt as to the existence of the
power shall be interpreted in favor of the
local government unit concerned...
Sec. 5 (a), Chapter 1, Title I, Book I, RA 7160
(Local Government Code of 1991)
The Mandate
… The general welfare provision of this
Code (RA 7160) shall be liberally
interpreted to give more powers to local
government units in accelerating
economic development and
UPGRADING THE QUALITY OF LIFE
FOR THE PEOPLE in the community…
Sec. 5 (c), Chapter 1, Title I, Book I, RA 7160
(Local Government Code of 1991)
2. “MUST KNOW” People
Participation and
Empowerment
Provisions of the Law.
The Local Government Code of 1991
says…
in Section 34. Role of People’s and Nongovernmental Organizations. –
Local government units shall promote
the establishment and operation of
people’s and non-governmental
organizations to become active
partners in the pursuit of LOCAL
AUTONOMY…
The State shall encourage nongovernmental, community based,
or sectoral organizations that
promote the welfare of the nation.
Sec. 23, Article II
1987 Philippine Constitution
“… the State shall respect the role of
the independent people’s
organizations to enable the people to
pursue and protect within the
democratic framework, their
legitimate and collective interests and
aspirations through peaceful
means…”
Sec. 15, Article XIII
1987 Philippine Constitution
…People’s Organizations are
bona fide associations of
citizens with demonstrated
capacity to promote the
public interest and with
identifiable leadership,
membership, and structure…
cont. of Sec. 15, Article XIII
1987 Philippine Constitution
“… the right of the people and their
organizations to effective and
reasonable participation at all levels of
social, political and economic decision
making shall not be abridged…”
…the State shall, by law, facilitate the
establishment of adequate consultation
mechanisms…
Sec. 16, Article XIII
1987 Philippine Constitution
There shall be organized in the LGU concerned
the following local special bodies:
1. Local Development Council (LDC);
2. Local Prequalification, Bids and
Awards Committee (Local PBAC);
3. Local School Board (LSB);
4. Local Health Board (LHB);
5. Local Peace and Order Council (LPOC);
6. Local People’s Law Enforcement
Board (PLEB);
Art. 181, Rule XXIII, IRR of RA 7160
Other Local Special Bodies maybe
created by an LGU through local
legislation concurred by
competent authority like:
•
Local Housing Board;
•
Local Anti-Poverty Committee; etc.
No dual membership in LSB…
…In no case shall an organization or a
representative thereof be a member
of more than one local special body
within a province, city or
municipality…
Article 64 (d), IRR of RA 7160
Every LGU SHALL have a comprehensive
multi-sectoral development plan to be
initiated by LDC concerned and approved by
its sanggunian. For this purpose, the
provincial, city, municipal, or barangay
development council, shall assist the
corresponding sanggunian in setting the
direction of economic and social
development, and coordinating development
efforts within its territorial jurisdictions…
Art. 182, Rule XXIII, IRR of RA 7160
Thus, I proposed to constitute the…
Composition. –
1) The provincial development council shall
be headed by the governor and shall be
composed of the following members:
(i) All mayors of component city and municipality;
ii) The chairman of the appropriations committee
of the sangguniang panlalawigan;
(iii) The congressmen or his/her representative;
and
(iv) Representatives of non-governmental
organizations operating in the province who
shall constitute not less than one fourth (1/4)
of the members of the fully organized council.
Art. 182 (a), Rule XXIII, IRR of RA 7160
(2)
The city or municipal development council
shall be headed by the mayor and shall be
composed of the following members:
(i) All punong barangay in the city or municipality;
(ii) The chairman of the appropriations committee of
the sangguniang panlungsod or the sangguniang
bayan concerned;
(iii) The congressman or his/her representative; and
(iv) Representatives of non-governmental
organizations operating in the city or
municipality, as the case maybe, who shall
constitute not less than one fourth (1/4) of the
members of the fully organized council.
Art. 182 (a), Rule XXIII, IRR of RA 7160
(3)
The barangay development council shall
be headed by the punong barangay and
shall be composed of the following
members:
(i) Members of the sangguniang barangay;
(ii) Representatives of non-governmental
organizations operating in the barangay,
who shall constitute not less than one
fourth (1/4) of the members of the fully
organized council; and
(iii) A representative of the Congressman.
Art. 182 (a), Rule XXIII, IRR of RA 7160
Representation of NGOs. –
Within a period of sixty (60) days from the
organization of LDCs, NGOs shall choose
from among themselves their
representatives to said LDCs. The
sanggunian concerned shall accredit the
NGOs, subject to such criteria as
provided in Rule XIII of these Rules.
Art. 182 (b), Rule XXIII, IRR of RA 7160
Reconstitution of LDCs. –
Upon effectivityof these Rules, all
existing LDCs organized under E.O.
319, series of 1988, as amended, shall
be reconstituted in accordance of
these Rules.
Art. 182 (c), Rule XXIII, IRR of RA 7160
Functions of LDCs.
(1)
The provincial, city, and municipal development
councils shall exercise the following functions:
(i) Formulate long-term, medium-term, and annual socioeconomic development plans and policies;
(ii) Formulate the medium-term and annual public investment
programs;
(iii) Appraise and prioritize socio-economic development
programs and projects;
(iv) Formulate local investment incentives to promote the
inflow and direction of private investment capital;
(v) Coordinate, monitor and evaluate the implementation of
development programs and projects; and
(vi) Perform such other functions as may be provided by law
or competent authority.
Art. 182 (d), Rule XXIII, IRR of RA 7160
Functions of LDCs.
(2) The barangay development councils
shall exercise the following functions:
(i) Mobilize people’s participation in local
development function efforts;
(ii) Prepare barangay development plans based on
local requirements;
(iii) Monitor and evaluate the implementation of
national or local programs and projects; and
(iv) Perform such other functions as may be
provided by law or competent authority.
Art. 182 (d), Rule XXIII, IRR of RA 7160
Meetings. The LDC shall meet at least once every six
(6) months or as often as may be
necessary.
Executive Committee. The provincial, city, municipal, or barangay
development council, by resolution and
within three (3) months from the date of
reorganization of the LDC, create an
executive committee to represent and act in
behalf of the LDC when it is not in session.
Art. 182 (e & f), Rule XXIII, IRR of RA 7160
History of LDC
• LDC were originally instituted by the
Marcos administration in the 1970s as a
means of tying local planning into the
national framework, and since 1987,
non-governmental organizations
(NGOs) had formed part of their
membership.
A Study on People’s Participation in the Local Development Councils
Department of the Interior and Local Government (DILG)
Manila, Philippines, November 2001
The LDC in RA 7160
• The new LDC was intended as “the mother of
Local Special Bodies,” a semi-political,
participative forum where key issues could
be debated and resolved between
government and civil society... meant to
construct general development and
investment plans for the LGU that would
reflect local opinion and priorities.
A Study on People’s Participation in the Local Development Councils
Department of the Interior and Local Government (DILG)
Manila, Philippines, November 2001
In the Mandate:
…it is also the policy of the State to
ensure the accountability of local
government units through the
institution of effective mechanisms of
recall, initiative and referendum…
Sec. 2 (b ), Chapter I, Title I, Book I, RA 7160
(Local Government Code of 1991)
Local Initiative and Referendum
… Local Initiative is the legal process whereby
the registered voters of an LGU may
directly propose, enact, or amend any
ordinance through an election called for
the purpose…
… The power of initiative may be exercise by
all registered voters of provinces, cities,
municipalities, or barangays, and
metropolitan political subdivisions as may
be created by law…
Rule XX, Article 133 & 134
IRR of Local Government Code of 1991
Local Initiative and Referendum
… The exercise of the power of initiative shall
commence with filling of a petition with
the sanggunian concerned…
… Not les than one thousand (1,000) registered
voters in case of provinces and cities, one
hundred (100) in case of municipalities,
and fifty (50) in case of barangays, may
file petition with the sanggunian
concerned proposing the adoption,
enactment, repeal, or amendment of an
ordinance…
Rule XX, Article 135 (a & b)
IRR of Local Government Code of 1991
Local Initiative and Referendum
…If no favorable action thereon is taken by the
sanggunian concerned within thirty (30)
days from the presentation of the petition,
the proponents, through their duly
authorized and registered representatives,
may invoke their power of initiative, giving
notice thereof to the sanggunian
concerned…
Rule XX, Article 135 (c)
IRR of Local Government Code of 1991
Disciplinary Actions
Rule XIX, Article 124 - 132
IRR of Local Government Code of 1991
Recall
Rule XXI, Article 154 - 162
IRR of Local Government Code of 1991
Other Related Laws and Policies
National Anti-Poverty
Commission
(RA 8425)
Legislative-Executive
Development Advisory
Council (RA 7640)
Sec. 5 (c) “…in the
formulation of the basic
policies, plans, programs
and projects, there shall be
maximum participation and
consultation with concerned
private sector groups,
community organizations,
and beneficiaries and local
government units, in order to
ensure that priority needs
are incorporated in such
policies, plans, programs
and projects…”
Sec. 12 “… The local
government units, through
the local development
councils of the province,
city, municipality, or
barangay shall be
responsible for the
formulation,
implementation, monitoring
and evaluation of the
National Anti-Poverty Action
Plan in their respective
jurisdictions…”
IRR, Rule 10, Sec. 1 “…(a)
Involve concerned private
sector, Non-Governmental
and People’s Organizations in
the process of economic
planning by national agencies
and by regional, provincial
and other development
councils, as well as
monitoring the
implementation of
development projects…”
PCCA
PFVR / PJEE
Reorganizing the NEDA
(EO 230)
“…(b) Bring about effective
integration of the projects
proposed by regional,
provincial and other local
development councils into a
national development plan,
within the constraints of
national budget…”
PGMA
3. Factors “diffusing” Civil
Society’s Involvement in Policy
Making through Local
Development Planning Process
Factors…
1. No Comprehensive Communication Plan was ever designed
and implemented by the government to promote the legal
mandate of Civil Society’s Participation in Policy Making through
Local Development Planning process and local governance;
2. Low appreciation to the STRATEGIC VALUE of the functions
and potential windows of opportunities that can be opened in
Local Special Bodies (LSBs) specifically the Local Development
Council (LDCs) because of differing opinion and interpretation or
simply ignorance to the law, mandating said special bodies;
3. The incubus of mistrust among and between the NGOs, POs
and PSOs and the Local elected officials is still very apparent;
4. Sectoral Organizations tend to only “mind their own business”
that made them an easy prey of the conscious and unconscious
D.R.A.Go.Ns*;
5. Political immaturity of the electorate in general;
4. Local Government
Budgeting
Local Government Budgeting
… National planning shall be based on local
planning to ensure that the needs and aspirations of
the people as well as those of the LGUs shall be
considered in the formulation of budgets of NGAs…
… Local budget plans and goals shall, as far as
practicable, be harmonized with national
development goals and strategies in order to
optimize the utilization of resources and to avoid
duplication in the use of fiscal and physical
resources…
Article 405 (a & b), IRR of RA 7160
Local Government Budgeting
…No money shall be paid
out of the local treasury
except in pursuance of an
appropriation ordinance or
law…
Article 405 (f), IRR of RA 7160
Local Government Budgeting
… Local Government
budgets *SHALL
operationalize
approved local
development plans …
Article 405 (e), IRR of RA 7160
Local Government Budgeting
… Submission of Local Development Plan LDCs shall submit to the local finance
committee a copy of the local development
plan and annual investment program
prepared and approved during the fiscal
year before the calendar for the budget
preparation in accordance with applicable
laws… … the local finance committee shall
use the plan to ensure that the projects
proposed for local funding are included in
the budget…
Article 410 (c), IRR of RA 7160
Local Government Budgeting
… The budget proposal shall be prepared in
accordance with such policy and program
guidelines as the local chief executive may
issue in conformity with the local
development plan, the budget ceilings
prescribed by local finance committee, and
the budgetary requirements and limitations
prescribed under this Rule…
Article 413 (c), IRR of RA 7160
Local Government Budgeting
On submission of Budget Proposals by Heads of
Offices or Departments…
… The budget proposal shall contain
the following information:
4) Relation of the work and
financial proposals to approved local
development plans …
Article 413 (e), IRR of RA 7160
Allocation of Twenty Percent (20%) IRA
Share of the LGUs for Development
Projects.
It shall be mandatory for each LGU to set
aside in its annual budgets amounts no less
than twenty percent (20%) of its IRA for the
year as appropriation for local development
projects that are embodied or contained in
the local development plans. Copies of local
development plans shall be furnished the
DILG.
Art. 384, IRR of RA 7160
Posting of the Summary of Income and
Expenditures Local treasurers accountants, local budget officers,
and other accountable local officers shall, within
thirty (30) days from the end of each fiscal year,
post in at least three (3) conspicuous and publicly
accessible places in the LGU a summary of all
revenue collected and funds received including the
appropriations and disbursements of such funds
during the preceding fiscal year.
Art. 454 (s), IRR of RA 7160
5. Our Proposed “Bottoms UP”
Policy Making through
Local Development
Planning Conceptual
Framework…
(with reference to NEDA’s Local Development Planning
Guidebooks and RA 8425 otherwise known as the Social
Reform and Poverty Reduction Act Guidebook on
Poverty Diagnosis and Planning )
Our Proposed “Bottoms UP” Policy Making
through Local Development Planning
Conceptual Framework…
…Local Government Units may group
themselves, consolidate or coordinate their
efforts, services, and resources for purposes
commonly beneficial to them in accordance
with law…
Article X, Sec. 13
1987 Philippine Constitution
Our Proposed “Bottoms UP” Policy Making
through Local Development Planning
Conceptual Framework…
…the policies, programs, and projects proposed by
local development councils shall be submitted to
the sanggunian concerned for appropriate action…
…the local development plans approved by the
sanggunian shall be integrated into the
development plan of the next higher LDC.
Art. 183 (j -1&2), IRR of RA 7160
Our Proposed “Bottoms UP” Policy Making
through Local Development Planning
Conceptual Framework…
…approved development plans of province, highlyurbanized cities, and independent component cities
shall be submitted to the regional development
council, which shall integrated into regional
development plan for submission to NEDA, in
accordance with applicable laws, rules and
regulations…
Art. 183 (j-3), IRR of RA 7160
Our Proposed “Bottoms UP” Policy Making
through Local Development Planning
Conceptual Framework…
…Local Development Planning Process – The DILG
shall, in coordination and consultation with NEDA
and the leagues of LGUs, formulate the operational
guidelines of the local development planning
process…
…Budget Information – The DBM shall furnish LDCs
information on financial resources and budgetary
allocations applicable to their respective
jurisdictions to guide them in their planning
functions…
Article 182 (k & l) IRR of RA 7160
Our Proposed “Bottoms UP” Policy Making through Local Development
Planning Conceptual Framework…
NEDA
BC
FOR SUBMISSION
TO CITY and
HIGHER
DEVELOPMENT
COUNCILS
PROPOSED BARANGAY
DEVELOPMENT PLAN (BDP)
BDC
BC
CONSOLIDATED COMMUNITY
VISION, PROPOSED PRIORITY
PROJECTS AND ACTIVITIES
FOR 2ND
READING
LPIMS
ABCD
VISION
FAMILY
FAMILYWORKSHOPS
WORKSHOPS
SIMULTANEOUS
FAMILY
WORKSHOPS THROUGH NBN CH4
PRESENTATION
OF FIRST
DRAFT OF BDP
REGULAR or
SPECIAL BGY.
ASSEMBLY
BC – Barangay Council
BDC – Barangay Development Council
ABCD – Asset Based Community Development
LPIMS – Local Poverty Information and
Monitoring System
6. HOW TO BECOME A
RESPONSIBLE AND
ENLIGHTENED MEMBER OF
LOCAL SPECIAL BODIES
SPECIFICALLY IN LOCAL
DEVELOPMENT COUNCIL
STEP No. 1
Familiarize self with the MANDATE of
Local Special Bodies (LSB) specifically
the Local Development Council (LDC)
Also, be familiar with Article 64 of RA 7160’s IRR and other MCs and
Issuances covering the Selection process of NGO, PO and PSO
representatives to LDCs e.g. DILG MC No. 92-94.
STEP No. 2
Familiarize self with Local Development Guidebooks
prepared by DILG, NEDA, Leagues of Provinces,
Municipalities, Cities, and Liga ng mga Barangay (per Article
182 (k & l) IRR of RA 7160) and related Development Planning
Process being recommended by social development
practitioners as reference, e.g. Asset Based Community
Development (ABCD) approach, etc.
STEP No. 3
GET, FILL OUT AND FILE
APPLICATION FORM TO SECURE
ACCREDITATION CERTIFICATE
FROM YOUR LOCAL
SANGGUNIAN
Local Sanggunian is assumed to adopt a Resolution
Creating an Accreditation Committee of NGOs, POs and
PSOs.
STEP No. 4
SECURE INVITATION AND ATTEND
LDC ORIENTATION TO BE CONVENED
BY YOUR LGU FACILITATED BY DILG
Secure list of Accredited Organizations
who belongs to your Sector.
STEP No. 5
INITIATE THE CONVENTION OF YOUR
SECTOR AND FORMULATE INTERNAL
RULES OF SECTORAL ENGAGEMENT
Formation of an Interim Sectoral Consultative Assembly per Sector is
highly recommended to review the General Assembly’s Internal Rules
of Procedures in Selecting Representatives to LDCs.
STEP No. 6
SECURE INVITATION AND ATTEND
THE GENERAL ASSEMBLY TO BE
CONVENED BY YOUR LGU
FACILITATED BY DILG
A pre-G.A. is strongly recommended to be attended by the
Representatives of respective Sectoral Consultative Assemblies to
finalize the General Assembly’s Internal Rules of Procedures in
Selecting Representatives to LDCs.
STEP No. 7
CONVENE THE COUNCIL OF
SECTORAL
REPRESENTATIVES
Formulate and adopt an Internal
Rules of Procedures.
STEP No. 8
FORMULATE SECTORAL
DEVELOPMENT AGENDA
CSR must formulate and adopt a
Standard Sectoral Development
Framework.
STEP No. 9
INTEGRATE ALL SECTORAL
DEVELOPMENT AGENDA
This can be labeled as the CSR’s
Integrated Sectoral Development
Agenda (ISDA).
STEP No. 10
SUBMIT ISDA TO LOCAL
DEVELOPMENT COUNCIL
(LDC)
Through an approved CSR Resolution, conduct
lobbying with other LDC members to ensure
integration of ISDA to Local Development Plan (LDP)
and Annual Investment Plan (AIP).
STEP No. 11
SUBMIT PROPOSED CDP AND AIP TO
LOCAL SANGGUNIAN FOR APPROVAL
Attend committee hearings and monitor floor
deliberations in Local Sanggunian to ensure
ISDA in LDP and AIP is properly given due
cognizance.
STEP No. 12
IF ISDA IS NOT GIVEN DUE
COGNIZANCE
Apply the provisions of Local
Initiative and Referendum in RA
7160’s Sec. 122 (a).
STEP No. 13
IF GIVEN FAVORABLE ACTION, GET A
COPY OF THE APPROVED CDP AND
AIP
Implement CDC members duties and
responsibilities as mandated in
RA 7160, Sec. 109 (a [5] ).
STEP No. 14
IF NOT GIVEN FAVORABLE ACTION,
GET A COPY OF THE APPROVED CDP
AND AIP
Apply the provisions of Local Initiative and
Referendum in RA 7160 Sec. 122 (b-h).
7. First Things First!
First Things First!
We suggest Five (5) Strategic Focus for immediate
consideration and action:
1.
Formulate and adopt a CSR Code of Ethics using
“CIVICO-MORAL CODE” of the late President
Manuel L. Quezon as working document;
2.
Conduct an in-depth study on the applicability of
the “MAGNA CARTA OF SOCIAL JUSTICE AND
ECONOMIC FREEDOM” in our current social
condition;
First Things First!
3.
Convince the LDC “to Urge the Local Sanggunian
to Legislate a confirmation and appropriation of
sufficient funding to the CDC Standard Local
Development Planning process”;
4.
Execute the CSR’s OPLAN: 3 in 1 to establish real
picture of People’s Participation in BDCs;
5.
Adopt the Community of Faith in Action’s (CFA)
Bayanihan sa Hanap-Buhay Spiritual-PoliticalEconomic Model!.
THANK YOU!
&
GOD BLESS US ALL!