Towards the Realization of a Genuine and Sustained People’s Participation in Governance

1. Towards the Realization of a Genuine and Sustained People’s Participation in Governance Prepared by: Andy Q. Rosales, SecGen. PPP

2. Tita Cory’s unfinished business… - Former President Cory C. Aquino …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…

3. 1. The Mandate

4. 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 SESSIONJuly 1969)

5. 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)

6. The Mandate …it is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations withappropriate 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)

7. 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)

8. 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

9. 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

10. 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 resolvedin 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)

11. 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)

12. 2. “MUST KNOW” People Participation and Empowerment Provisions of the Law.

13. The Local Government Code of 1991 says… in Section 34. Role of People’s and Non-governmental 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…

14. The State shall encourage non-governmental, community based, or sectoral organizations that promote the welfare of the nation. Sec. 23, Article II 1987 Philippine Constitution

15. “… 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

16. …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

17. “… 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

18. 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

19. 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.

20. 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

21. 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 sanggunianin setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdictions… Art. 182, Rule XXIII, IRR of RA 7160

22. Thus, I proposed to constitute the… AKA-182 ANG KILUSANG ARTIKULO 182

23. 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

24. (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

25. (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

26. 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

27. 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

28. (1) The provincial, city, and municipal development councils shall exercise the following functions: Functions of LDCs. (i) Formulate long-term, medium-term, and annual socio-economic 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

29. 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

30. 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

31. 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 CouncilsDepartment of the Interior and Local Government (DILG) Manila, Philippines, November 2001

32. 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 CouncilsDepartment of the Interior and Local Government (DILG) Manila, Philippines, November 2001

33. 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)

34. Local Initiative and Referendum … Local Initiative is the legal process whereby the registered voters of an LGU maydirectly 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 & 134IRR of Local Government Code of 1991

35. 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

36. 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

37. Disciplinary Actions Rule XIX, Article 124 - 132IRR of Local Government Code of 1991 Recall Rule XXI, Article 154 - 162IRR of Local Government Code of 1991

38. Other Related Laws and Policies National Anti-Poverty Commission (RA 8425) Legislative-Executive Development Advisory Council (RA 7640) Reorganizing the NEDA (EO 230) 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…” “…(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…” PCCA PFVR / PJEE PGMA

39. 3. Factors “diffusing” Civil Society’s Involvement in Policy Making through Local Development Planning Process

40. 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; Factors… 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;

41. 4. Local Government Budgeting

42. 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

43. 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

44. Local Government Budgeting … Local Government budgets *SHALLoperationalize approved local development plans … Article 405 (e), IRR of RA 7160

45. 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

46. 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

47. 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

48. 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

49. 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

50. 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)