Institute of Politics and Governance

LOCAL SECTORAL REPRESENTATION:
A Citizen's Guide(continued)

The provisions on LSR in the Local Government Code are incomplete. Congress did not yet fully implement the constitutional mandate. At most, Congress merely:

limited the number of sectoral representatives to three seats in the sanggunian;
identified the first two sectors - women and workers; and,
provided that the third sector will be identified by the concerned sanggunian.

The phrase "as may be provided for by law" shows that Congress should pass another law that will provide the other details regarding the election of local sectoral representatives.

Congress left out some very basic questions unanswered. We do not know for instance if voters will vote for an individual representing a sector, or an organization working on their concerns. We do not know whether every voter shall vote for only one sectoral representative or all three available positions.

We do not know the procedure for the registration of those who want to qualify for election as sectoral representatives.
There are still no provisions for the manner in which interested groups may register for elections.

For years, non-government and peoples' organizations have been lobbying Congress for a law that will finally put the Constitutional mandate into effect. No such law has yet been passed.

While there are pending bills in Congress, the fight is far from over. The legislative process - noted for swaying to pressure from powerful interest groups - may produce harm if Congress disregards the reason behind local sectoral representation.

The call for an active lobby and advocacy for the passage of such a bill for local sectoral representatives is, therefore, imperative.

Congress has the discretion to determine whether the sectoral representatives to be elected will be individuals or organizations. If organizations run as sectoral representatives, they will designate their representatives to the sanggunian in the event that their organizations are elected.

Considering the relative success of the Party-List System used in the last national elections, it is suggested that local sectoral representatives likewise be elected through their respective organizations.

LSR is not the same as the Party-List System. The Party-List System is used in the election of Representatives in the House of Representatives. It is open to political parties, and not limited to poor and underprivileged sectors. Local Sectoral Representation is envisioned to cover only local elections, and is open only to genuine NGOs and POs who have demonstrated commitment and capacity to work for the interests of the basic sectors.

There is nothing to stop Congress from providing that the sectoral representatives will be elected through their organizations since this is not prohibited by the Constitution.

Part of the reason for the introduction of the concept of sectoral representatives at the legislative process is the desire to veer from the politics of personality that pervades Philippine elections. The election of organizations will help eradicate this characteristic of our elections and contribute to increased political maturity.

The election of organizations will help ensure that legislation at the local level will be driven by genuine platforms for reform affecting the basic sectors of society.

The election of organizations will also encourage local interest groups to organize themselves as a force in their respective jurisdictions.

A sectoral organization may be defined as a group of citizens who share similar physical attributes or characteristics, profession, employment, interest, or concerns and are bound together by a common vision or purpose and an internal structure of accountability.

To ensure that the organizations are genuine, it is proposed that all organizations that want to run as sectoral representatives should meet a set of requirements. We propose that organizations running under LSR must:

be in existence for at least one year;
be duly registered with the Securities and Exchange Commission, Department of Labor and Employment or with government agencies concerned, or with the local government units concerned; and,
have a membership of not less than 25 registered voters within the municipality or city where it seeks to be a candidate.

Each registered sectoral organization shall submit to the Commission on Elections (COMELEC), not later than 90 days before the election, a list of four (4) nominees. These nominees shall be ranked by the organization.

In the event that the organization is elected, the first nominee shall sit at the sessions of the sanggunian. If for any reason, the first nominee shall not be able to assume or continue in office, the second nominee shall assume the vacated position. Subsequent vacancies shall be filled in the same manner.

All nominees shall be subject to the same qualifications and disqualifications as any other candidate for a local government office as found under the 1991 LGC and the Omnibus Election Code.

It is proposed, therefore, that the nominees of the sectoral organizations must be:

a natural-born citizen of the Philippines;
a registered vote of the city or municipality where he or she is nominated;
a resident therein for a period of not less than one year immediately preceding the day of the elections;
able to read and write Filipino or any other local language or dialect;
at least 23 years of age on the day of the election, and
a bona fide member of the registered sectoral organization or coalition.

Similarly, the following cannot be nominated as a sectoral representative:

those sentenced by final judgement of an offense involving moral turpitude or an offense punishable by one year or more of imprisonment, within two years after serving sentence;
those removed from office as a result of an administrative case;
those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;
those with dual citizenship or allegiance;
fugitives of justice in a criminal or non-political case here or abroad;
permanent residents in a foreign country who have acquired the right to reside abroad and continue to avail of said after January 1, 1992 (the date when the Local Government Code went into effect);
insane persons declared as such by competent authority.

Yes. In addition to the grounds for disqualification, a person may be nominated only once, and only if they gave their consent to be nominated.

A person who has lost a bid to obtain an elective position in the proceeding local elections shall also be disqualified. This will prevent politicians from circumventing the popular will and securing office through Local Sectoral Representation. This prohibition, however, will not apply to those who ran as sectoral representatives.

Those who are holding appointive or elective positions except those who are incumbent sectoral representatives shall be considered resigned upon submission of his name as a nominee of a sectoral representative.