Local Sectoral Representation: A Citizen’s Guide

 

The Local Governance Policy Forum (LGPF) is a network of non-government organizations, people’s organizations and members of the academe working to further the democratic gains of decentralization and local autonomy mandated by the 1987 Constitution.  It monitors and evaluates the implementation of the Local Government Code of 1991.  Through research, advocacy, and lobbying efforts, the LGPF works to ensure that genuine local autonomy and its promise of greater development and democratization are fulfilled.

Presently, the LGPF is composed of the following organizations:

·        The Center for Legislative Development (CLD)
·        Center for Social Policy (CSP)
·        Institute of Politics and Governance (IPG)
·        Kaisahan tungo sa Kaunlaran ng Kanayunan at Repormang Pansakahan (KAISAHAN)
·        Kumare-Kumpare Network
·        Makati NGO-PO Networks (MNP)
·        Philippine Business for Social Progress (PBSP)
·        Philippine Partnership for Rural Development of Human Resources in Rural Areas (PhilDHRRA)
·        Philippine Rural Reconstruction Movement (PRRM)
·        Sentro ng Alternatibong Lingap Panligal (SALIGAN)
·        Trainors' Collective, Inc. (TCI)

The following primer explains the nature of local sectoral representation and presents the views of the member organizations in the form of proposals that can be incorporated into a law that will implement it.

Local sectoral representation (LSR) is a system where representatives from local sectoral groups are elected to sit as members of the local sanggunians (legislative councils) in all municipalities, cities and provinces.

These sectoral representatives sit as part of the sanggunian to enact laws that will address the concerns of the sectors that they represent.

Local sectoral representation is mandated by the laws of the Philippines.  Article X, Section 9 of the 1987 Constitution provides that, “Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.”  The Constitution, therefore, mandates Congress to provide the law that will implement local sectoral representation for local elections.

Pursuant to this mandate, Congress passed the Local Government Code (LGC) of 1991.  Section 41 (c) of the Code in part provides that:

In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.

  Local sectoral representation is an essential democratization principle.

­The Local Sectoral Representation System is a key feature in the 1991 LGC that ensures the continued democratization of local governance.  It provides for a more responsive and accountable local government by involving community stakeholders in legislation and development planning.

  The perspective of sectoral representatives will enhance local legislation.

Local sectoral representation may be considered the local counterpart of the Party-List System, which allows sectoral parties to be elected as representatives to Congress.  Under the Constitution, 20% of the seats in the House of Representatives are reserved for Party-List Representatives.  This constitutional mandate is implemented by Republic Act No. 7904.  The sectors’ experiences may become sources of models for instituting reforms in local governance.

  Sectoral representatives and the sectors they represent constitute considerable human resources, which can contribute their share to local governance, including resource mobilization.

Local sectoral representation represents three kinds of reforms:

1.       Local Governance Reform (Democratic Participation in Governance)

Local sectoral representation is intended to give the marginalized and the underrepresented sectors of society the chance to be represented in the local legislature and participate and articulate sectoral issues and concerns. There is increasing recognition of the fact that good governance requires the cooperation of the various stakeholders of a community.

2.      Politico-Electoral Reform

Local sectoral representation puts a premium on sectoral issues. It discourages personality politics, which has long characterized Philippine politics. In other words, Local Sectoral Representation seeks to impress our politics with genuine issues affecting our development as a people, and is designed to discourage the age-old practice of relying on popularity as a basis for election.

3.      Social reform

Local sectoral representation provides a manner through which the peoples’ agenda for development can be promoted. Sadly, our experience in local governance has shown that underprivileged sectors are approached only during elections and primarily for the purpose of generating votes for particular candidates.  These sectors are subsequently neglected once the winners are proclaimed.

Local Sectoral Representation will change this practice by ensuring that the concerns of underprivileged sectors are continuously addressed.  The presence of the basic sectors in the sanggunians can go a long way to ensuring proper attention to the concerns of these sectors.

Local sectoral representation must be viewed as a means of avoiding those times where our elected officials are not legislating in the interest of the local community.  The concept must be viewed as a way of checking official abuse.

It is similar to the manner in which the Constitution and other laws grant citizens the power of initiative and referendum.  These measures are designed to provide people with the means to legislate on issues that are being ignored by local officials.

Initiative and referendum, however, have several constraints, making them tedious and expensive.  Local sectoral representation avoids these problems by providing that sectoral representatives themselves should sit in the sanggunian and assist in the legislation of local matters.

Local sectoral representation is not a new concept.  It was introduced through Batas Pambansa Blg. 697 (1984) and it was later included in the Omnibus Election Code, Batas Pambansa Blg. 881 (1985).

These provisions, however, were not similar in the sense that the sectoral representatives are appointed by the President.  These provisions were not effectively implemented.

Not all provisions in the Constitution are self-executing.  Many provisions require what are called enabling legislation before they become effective.  The provision on LSR is one such case.  It becomes the duty of Congress to pass the law that will make local sectoral representation a reality.

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

1.      limited the number of sectoral representatives to three seats in the sanggunian;

2.      identified the ­first two sectors — women and workers; and,

3.      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:

1.           be in existence for at least one year;

2.           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,

3.           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:

1.                    a natural-born citizen of the Philippines;

2.                    a registered vote of the city or municipality where he or she is nominated;

3.                    a resident therein for a period of not less than one year immediately preceding the day of the elections;

4.                    able to read and write Filipino or any other local language or dialect;

5.                    at least 23 years of age on the day of the election, and

6.                    a bona fide member of the registered sectoral organization or coalition.

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

1.                    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;

2.                    those removed from office as a result of an administrative case;

3.                    those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;

4.                    those with dual citizenship or allegiance;

5.                    fugitives of justice in a criminal or non-political case here or abroad;

6.                    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);

7.                    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.

Sectoral representatives will be elected from the women's sector, the workers, and one from any of the following sectors: urban poor, indigenous peoples, disabled persons, cooperatives, or any other sector which may be determined by the sanggunian concerned not later than one hundred days before the next local elections. 

The youth sector should be excluded from Local Sectoral Representation because they are already represented through the Sangguniang Kabataan.

In the event that the concerned sanggunian does not make a determination, the DILG shall make the determination for the sanggunian.

Registration for purposes of election as local sectoral representatives shall follow the following procedure:

1.      The organization or coalition shall file a petition with the COMELEC not later than 180 days before the election, attaching documents that will demonstrate that it satisfies the requirements laid down under this law.  Failure to submit the documents will lead to the dismissal of the petition.

2.      The COMELEC will post the petition in the office of the election officer and in the bulletin board of the provincial, city, or municipal hall, and set a hearing to hear the organization and objections, if there are any.

3.      After such hearing, the COMELEC will resolve the petition within 30 days from the date of the petition is submitted for resolution, and in no case later than 120 days before the election.

4.      The COMELEC may refuse or cancel the registration of any sectoral organization or coalition because:

a)      It is a religious sect or denomination, or organized solely for religious purposes;

b)      It advocates violence or unlawful means to attain its goals;

c)      It is a foreign organization;

d)      It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

e)      It violates or fails to comply with laws, rules and regulations relating to elections;

f)        It declares false statements in its petition; and

g)      It is dissolved, absorbed by or merged with other sectoral organizations.

5.      The COMELEC, not later than 60 days before the election, will prepare a certified list of sectoral representations or coalitions, which applied or manifested their desire to participate in the election to the local sanggunian and distribute copies to all voting precincts for posting.  The names of the organizations' nominees shall not appear on said documents.

Each registered voter may vote for all three positions reserved for the sectoral representatives in the sanggunian.

It has been suggested that only people pertaining to a particular sector should vote for their own representatives.  For example, only women will vote for the women's representatives.  However, this proposal may not be feasible because there may be cases, for instance when the particular sectors overlap.

To illustrate, women may be also be workers, and may also be part of an indigenous community.  In such cases, COMELEC will find it virtually impossible to produce a "voters' list" for every sector for every sanggunian.

To avoid the difficulties of this approach, it is suggested that all voters be entitled to elect one representative for every sector.

By multiplying the number of local government units with the number of sectoral representatives, there will be 5,061 local sectoral representatives throughout the country, as the following table shows:

Local Government Unit

Number

 

Sectoral Representatives

Total

Municipality

1,526

X

3

4,578

City

83

X

3

249

Province

78

X

3

234

Total

5,061

 

The costs for local sectoral representation will vary because the salary grades of government employees depend on the status of the local government unit.  An estimation of the total cost is as follows:

Cost of Implementing Local Sectoral Representation per annum

Local Government
 Unit

No.

Salary grade
(in thousand per month)

No. of sectoral rep-resentatives

No. of months

Cost in Pesos

4th to 6th class municipalities

1124

16

3

13

613.704 M

1st to 3rd class municipalities

402

18-20

3

13

282.204 M

Cities

83

22

3

13

42.588 M

Provinces

78

20

3

13

77.688 M

Total

1.02 B

 

Although the total cost of the implementation of local sectoral representation may seem high, it is relatively a small amount considering the following:

·        This amount is less than 2.0 % of the budget of the  Department of National Defense for the year 2000, which amounts to P 53.6 billion pesos.

·        It is 0.001% of the national budget for the year 2000, which amounts to P 629 billion.

·        This amount can be addressed as a “cost of devolution” or democratization with a share from the national government appropriated through Congress

·        Additional funds can be raised particularly through an amendment of the Local Government Code to increase the internal revenue allotment of local government units.

·        Additional funds can be generated if local governments maximize the revenue-generation provisions of the Local Government Code.  Some government agencies have noted that local governments are not maximizing their revenue-generation potentials under the Local Government Code, and are merely relying on the national government for financial assistance.  If local governments can use the opportunities under the Code to generate funds for themselves, the arguments regarding the costs of Local Sectoral Representation becomes be less significant.

It cannot be argued, therefore, that LSR will be too costly.  If public funds can be allocated as perks of the Representatives, there is no reason why they cannot be allocated for the purpose of enhancing democratic gains.

In the end, it should be stressed that local sectoral representation is mandated by the Constitution, and Congress is commanded to enact the enabling law to make the mandate a reality.

Congress is under an obligation to find the financial resources that are necessary to make local sectoral representation effective.

Local Sectoral Representation is a common advocacy point among non-government and peoples’ organizations since the restoration of Congress in 1987.  Despite the strong lobby from the basic sectors and NGOs, Congress has failed to pass a law that fully implements the Constitutional mandate.

For the 11th Congress, (1998-2004) there are House and Senate bills as enabling law for local sectoral representation.  In the House of Representatives, there are five pending bills now on its Committee level. The sponsors are Representatives Leonardo Montemayor (HB 307), Romeo Candazo (HB 1122), Heherson Alvarez (HB 2414), Cresente Paez (HB 5565) and Loretta Ann Rosales (HB 8135).  In the Senate, there are also five pending bills.

After the bills were filed, however, very little has happened by way of pushing the bills through the processes of Congress.

The challenge is to actively participate in the Committee hearings and draw out support from legislators.

Legislative Lobby

Interested persons can help push for the passage of a law that will enable LSR by lobbying Congress.  We can identify and approach allies in both the House of Representatives and the Senate and asks them to prioritize local sectoral representation. 

A legislative lobby also means that citizens may attend hearings called by either House of Congress.  These fora may be used to express our sentiments regarding pending legislation.  Organizations are also invited to sit in technical working groups of Congress to help consolidate and fashion the final version of the bill.

Civil Society Participation and Mobilization

The legislative lobby should be complemented by strong civil society participation.  Civil society actors may disseminate information concerning LSR among the NGO-PO community especially sectoral formations.

NGOs and POs may write position papers to both House of Representatives and House of Senate expressing sentiments in favor of LSR.

NGOs and POs to express support for LSR may also conduct signature campaigns, and conduct an information campaign within our networks and spheres of influence.

Concerned individuals may also raise the issues regarding LSR through media events such as press conferences or press releases. 

Letters and/or Position Papers may be addressed to:

HOUSE OF REPRESENTATIVES

HON. NARCISO MONFORT
Chairperson, Committee on People’s Participation
House of Representatives
Quezon City
Through: Catherine Macapagal
Committee Secretary

 

SENATE OF THE PHILIPPINES
HON. AQUILINO PIMENTEL JR.
Chairperson, Committee on Local Government
Senate of the Philippines, GSIS Building, Financial Center
Pasay City  Through:  Ann Macabahug (Committee Secretary)

 

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