A presentation by Rimalyn Siriban before Sectoral Leaders from different provinces at Connected Community Leaders last March 11, 2019 with Buklod Pamilya Partylist Nominee #32, Atty. Glenn Chong, Atty. "Lawin" Arellano and Rj Javellana
4. Caleb, Joshua, and Stephen (and even the Sectoral Leaders) were
not followers, nor were they just leaders – they were pioneers. Yet
these were not pioneers merely out to make a new discovery;they
were men dedicated to bringing an entire nation into this
discovery with them.
They took the initiative and did not wait for others – they were
Inhabit Fire Ministries
5. “The remnant of Jacob will be in the midst of many peoples
like dew from the Lord, like showers on the grass, which do
not wait for man or linger for mankind. The remnant of Jacob
will be among the nations, in the midst of many peoples, like
a lion among the beasts of the forest.”
6. of the sons of Issachar who had
understanding of the times, to know
what Israel ought to do, their chiefs
were two hundred; and all their
brethren were at their command.
1 Chronicles 12:32
7. HOW PEOPLE PARTICIPATE
in the Philippines
From Presentation of Senator Aquilino “Nene
“Pimentel before concerned citizens at the AHI
Office, Makati, on April 27, 2015
8. We are talking here of people who are not themselves
serving in government.
We are talking of people who are strictly speaking outside
But, who are responsible for putting people in public
service or working with the latter without holding
13. ELECTED LOCALLY
1. By Province: Members of the House, Governor, Vice
Governor, Members of the Sangguniang
2. By City* or Municipality: Mayor, Vice Mayor, Members
of the Sangguniang Panlungsud or Bayan;
*Some Cities elect their own Representatives
3. By Barangay: Barangay Captain, Members of the
14. ADDITIONAL ELECTED OFFICIALS
FOR SP/SB MEMBERS
PROVINCES that have more than five legislative districts, each
district shall have two SP members, without prejudice to the
provisions of Section 2 of Republic Act No. 6637.
Sangguniang Barangay members shall be elected at large. The
Presidents of the league of sangguniang members of component
cities and municipalities shall serve as ex officio members of the
Sangguniang Panlalawigan, Sangguiang Panlunsod, and
Sangguiang Bayan (as amended by R.A. 8553).
[MORE ON SECTORAL REPRESENTATIVES]
15. HOW LOCAL OFFICIALS ARE
(Section 41, LG Code)
(a) The governor, vice governor, city mayor, city vice mayor, municipal mayor,
municipal vice mayor, and punong barangay shall be elected at large in
their respective units by the qualified voters therein. [However, the
Sangguniang Kabataan chairman for each barangay shall be elected by the
registered voters of the katipunan ng kabataan, as provided in this Code.]
(b) The regular members of the Sangguniang Panlalawigan, Sangguniang
Panlunsod, and Sangguniang Bayan shall be elected by district as
1st & 2nd class provinces shall have ten regular members;
3rd & 4th class provinces, eight; and
5th & 6th (no more class) provinces, six.
- More on Election of LGU Officials -
16. PRINCIPAL LAW GOVERNING LOCAL
GOVERNMENT UNITS: The Local
Government Code (R.A. 7160)
Enacted by Congress in compliance
with the mandate of Article X of the
Fixes the structures, the powers, and
the duties of, and other matters
relative to the functioning of 4 local
government units (LGUs): (1) the
province; (2) the city; (3) the
municipality, and (4) the
17. Regional Governments
The regional governments
envisioned by the Constitution
for the ARRM and the CAR, are
also local governments in the
sense, among other things,
that they are not the national
government. But we will not
discuss them here in detail.
[There are 17 administrative
regions of the country: 8 in
Luzon; 3 in the Visayas, and 6
in Mindanao which are AGENTS
of the national government
NOT LOCAL GOVERNMENT
18. HOW PEOPLE OUT OF GOVERNMENT SERVICE
EXERCISE POLITICAL POWER WITH THOSE IN
By joining People’s or Non-Government Organizations.
This is authorized by Sections 34 and 35 of the LG Code.
Under Sec. 34 - LGUs are mandated to “promote the
establishment and operation of people’s and NGOs to
become active partners in the pursuit of local autonomy.”
In Sec. 35 – LGUs are empowered to establish Linkages
with People’s Organizations and NGOs through: (a) joint
ventures and (b) other cooperative arrangements.
of POs and NGOs working with Government:
(1) delivery certain basic services;
(2) capability building and livelihood projects;
(3) develop local enterprises designed to improve productivity
(4) diversify agriculture;
(5) spur rural industrialization;
(6) promote ecological balance, and
(7) enhance the economic and social well-being of the people.
20. LGUs MAY ASSIST NGOs
Under Section 36. Assistance to People’s and Non-
LGUs are authorized - through their local chief executive
and with the concurrence of the sanggunian concerned –
to assist POs, and NGOs financially or otherwise in their
economic, socially oriented, environmental or cultural
projects within their territorial jurisdiction.
21. NGO.PO in PBACs
Section 37. Local Prequalification, Bids and Awards Committee (Local PBAC).
A local PBAC in every province, city and municipality is primarily responsible for the
conduct of prequalification of contractors, bidding, evaluation of bids and the
recommendation of awards concerning local infrastructure projects.
CHAIRMAN of PBAC
The governor or the city or municipal mayor shall act as the chairman.
MEMBERS of PBAC
(1) The chairman of the appropriations committee of the sanggunian concerned;
(2) A representative of the minority party in the sanggunian concerned, if any, or if
there be none, one (1) chosen by said sanggunian from among its members;
(3) The local treasurer;
(4) Two representatives of NGOs that are represented in the local development council
concerned, to be chosen by the organizations themselves; and
(5) Any practicing CPA from the private sector, to be designated by the local chapter of
the PICPA, if any.
22. COA DUTY
COA Representatives shall observe the
proceedings of such committee and shall certify
that the rules and procedures for requalification,
bids and awards have been complied with.
23. OTHER EXAMPLES OF PUBLIC OFFICES WHERE
INDIVIDUALS MAY BECOME MEMBERS:
I. LOCAL SCHOOL BOARDS
Sec. 98. Creation, Composition and Compensation.
Every province, city, or municipality shall have its school board.
THE COMPOSITION OF LOCAL SCHOOL BOARD OF THE PROVINCE:
The governor and the division superintendent of schools as co-chair;
MEMBERS OF PROVINCIAL SCHOOL BOARD
1. The Chairman of the Education Committee of the SP;
2. The provincial treasurer;
[3. The representative of the pederasyon ng mga Sangguniang Kabataan in the
4. The duly elected president of the provincial federation of PTAs;
5. The duly elected representative of the teachers’ organizations in the province,
6. The duly elected representative of the nonacademic personnel of public
schools in the province, as members.
24. CITY SCHOOL BOARD
CO-CHAIR: City Mayor and City Superintendent of Schools.
1. The Chair of the education committee of the Sangguniang
2. The City Treasurer;
3. [The representative of the Pederasyon ng mga Sangguniang
Kabataan in the Sangguniang Panlungsod];
4. The duly elected president of the city federation of PTAs;
5. The duly elected representative of the teacher’s organizations in the
6. The duly elected representative of the nonacademic
personnel of public schools in the city, as members.
25. MUNICIPAL SCHOOL BOARD
CO-CHAIR: Municipal Mayor and
the District Supervisor of Schools
1. Chair, Education Committee, SB;
2. Municipal Treasurer;
3. [Representative of SK in SB];
4. Duly Elected President of Municipal Federation of PTAs;
5. Duly elected President of Teachers’ Organization in the
6. Duly elected representative of the non-academic
personnel of public schools in the municipality.
26. IN CASE
Province or City has two or more School Superintendents,
or Municipality has two or more District Supervisors:
1. The DECS shall designate the co-chair for the
Provincial or City School Board;
2. The Division Superintendent of Schools shall designate
the District Supervisor who shall serve as Co-Chair of the
Municipal School Board.
27. Local Health Boards.
(Section 102, LGC Code)
Every province, city and municipality shall have their own
Local Health Boards.
Chair: The governor or the mayor concerned.
Vice Chair: The provincial, city or municipal health officer .
1. The chair of the Committee on Health of the Sanggunian
2. A representative from the private sector or NGO
involved in health services; and
3. A representative of the DOH in the LGU
28. PO/NGO REPRESENTATIVE
IN LOCAL HEALTH BOARDS
The PO or NGO representative must come from a PO
or NGO engaged in the delivery of health services. He
is chosen by the NGOs or POs in health services, not
by the governor or the mayor.
The representative is expected to ensure that the
interests of the people in health matters are upheld
over narrow partisan considerations.
29. LOCAL DEVELOPMENT COUNCILS
(Section 107, LG Code)
Every Barangay, Municipal, City and Province shall have
its own Local Development Council
Composition of Local Development Councils.
I. Barangay Development Council:
Chair: Punong Barangay
(1) Members of the Sangguniang Barangay;
(2) Representatives of Pos/NGOs operating in the
barangay, who shall constitute not less than 1/4 of the
members of the fully organized council;
(3) A representative of the congressman.
OR CITY LOCAL DEVELOPMENT COUNCIL
I. The City or Municipal Development Council
Chair: The Mayor
(1) All punong barangays in the city or municipality;
(2) Chair of the Committee on Appropriations of the
Sangguniang Panlungsod or Sangguniang Bayan
(3) The congressman or his representative; and
(4) Representatives of NGOs in the city or municipality,
who shall constitute not less than 1/4 of the members of
the fully organized council.
31. PROVINCIAL DEVELOPMENT COUNCIL
Chair: The Governor
(1) All mayors of component cities and municipalities;
(2) The chairman of the committee on appropriations of the
(3) The congressman or his representative; and
(4) Representatives of NGOs operating in the province,
who shall constitute not less than 1/4 of the members
of the fully organized council.
Note: The LDCs may call upon any LGU official concerned or any official of
national agencies or offices in the LGU to assist in the formulation of their
respective development plans and public investment programs.
32. NEW DUTY OF LDCs
PREPARE FOR DISASTERS, MAN-MADE OR NATURAL
Under R.A. 101211
LOCAL GOVERNMENT DRRMCs
I. At the Regional Level –
Chair: Regional Directors of the OCDs
Vice Chairs: Regional Director of DSWD, DILG, DOST &
[CHAIR IN ARMM: REGIONAL GOVERNOR
33. LGU DRRMCs
Every province, city and municipality shall have a DRRM Council
In Barangays, DRRMC functions are assumed by the BDC
LOCAL DRRM Council
Chair: Governor or Mayor,
Members: Heads of Local
1. Planning Development
3. 3. DSWD;
4. 4. Agriculture;
5. 5. Gender & Development
6. 6. Engineer’s Office;
7. 7. Veterinary Office;
34. LGU DRRMCs
Every province, city and municipality shall have a DRRM Council
In Barangays, DRRMC functions are assumed by the BDC
LOCAL DRRM Council
Chair: Governor or Mayor,
Members: Heads of Local
8. Budget Officer;
9. Schools Superintendent;
10. highest officer of the AFP;
11. Provincial/City/Municipal Police;
12. Director of Fire Bureau;
13. President of ABC;
14. Red Cross representative;
15. 4 CSO members; and,
16. private sector representative.
35. FUNCTIONS OF LDRRMOs:
1. Plan, coordinate, manage activities consistent with
National Council’s standards.
2. Organize, train coordinate activities;
3. Operate multi-hazard early warning system;
4. 4. conduct disaster monitoring, etc.
5. Identify hazards in their localities;
6. prepare suitable evacuation areas etc.
In every province, city, municipality and barangay, the
LDRRM OFFICE is under the office of the Local Chief
[Governor, Mayor or Punong Barangay]
36. BARANGAY ASSEMBLY
(Sec. 397,LG code) –
ALL PERSONS WHO ARE:
(1) Actual residents of the barangay for not less than
(2) 15 years of age or over;
(3) Citizens of our country; and
(4) Duly registered in the list of barangay assembly
37. MEETINGS under Sec. 397 (b) –
(1) WHEN: AT LEAST, TWICE A YEAR.
(2) AGENDA: to discuss semestral report of the Sangguniang
Barangay regarding its activities, finances, and problems of
(3) WHO CALLS THE MEETINGS:
(a) The Punong Barangay, or (b) at least, four members of
the Sangguniang Barangay, or
(b) Upon written petition of, at least, 5 percent of the
members of the Assembly.
38. BARANGAY ASSEMBLY
NOTICE OF ASSEMBLY MEETING IS REQUIRED:
No barangay assembly meeting shall take place unless
NOTICE is given ONE WEEK PRIOR TO THE
EXCEPTION: Agenda deal with public safety or
Then, notice within a reasonable time is allowed.
39. WHO PRESIDES? Punong Barangay unless absent.
Then, SANGGUNIANG BARANGAY MEMBER
who is acting as PB or ANY MEMBER OF B.A. WHO IS
ELECTED DURING THE ASSEMBLY.
THE BARANGAY SECRETARY SHALL ACT AS SECRETARY OF
BARANGAY ASSEMBLY CHAIR
40. BARANGAY ASSEMBLY POWERS
1. Recommend measures for the welfare of the
Barangay or of their City or Municipality
2. Initiate proposals to enact or amend any
ordinance of the LGU concerned;
3. Hear and act on Semestral Report of
PEACE AND ORDER COUNCIL
COMPOSITION: SAME AS NATIONAL SECURITY COUNCIL.
1. Director General of the NSC;
2. Executive Secretary;
3. DFA Secretary;
4. DOJ Secretary;
5. Press Secretary;
6. Chair, Dangerous Drugs Board;
7. Presidential Adviser on Peace Process;
8. Director-General, Presidential Management Staff;
9. Director-General, PIA;
10. Chair, Presidential Anti-Graft Commission;
11. C-Staff, AFP;
12. Chief, PNP;
13. Director, NBI, and three representatives from the private sector
appointed by the President.
42. LAW AND ORDER COUNCIL
Every province, city or municipality is required to have its own LOCAL
PEACE AND ORDER COUNCIL
(Sec. 116, LG Code)
THE NAME SHOULD BE LAW AND ORDER COUNCIL.
COMPOSITION: LAW & ORDER COUNCIL
1. SP representative chosen
2. DSWD Officer;
3. Information Officer;
4. Health Officer;
5. PNP Director;
6. CHR Officer;
7. Army Commanding
8. NBI officer;
9. National Security Council Officer;
10. Provincial Prosecutor’s Office;
11. DILG officer;
12. Dangerous Drugs Board officer;
13. three representatives of
POs/NGOs coming from academic,
civic and religious sectors appointed
by the governor.
43. REGIONAL LAW AND ORDER COUNCIL
(Executive Order No. 739 of President Gloria Macapagal
Arroyo, August 19, 2008
Chair: Appointed by S-DILG and approved by the President
1. Governors, Mayors of Highly Urbanized Cities, Presidents
of the League of Municipalities;
2. Regional counterparts of the members of the national law
and order council;
3. One representative from Mayors of Component Cities
chosen by them; and
4. Three representatives from the private sector appointed
by the Chair of the Regional Peace and Order Council with
the approval of the S-DILG.
CITY OR MUNICIPAL LAW AND ORDER COUNCIL
Members: Officer Counterparts of the Provincial Law and
Order Council Members
FUNCTIONS/DUTIES OF PEACE/ORDER COUNCILS
1. Formulate Strategies to respond to law and order problems;
2. Coordinate law and order plans;
3. Be a forum for dialogue on problems of law and order;
4. Perform such other duties as President may direct;
5. Monitor livelihood and infrastructure programs and projects.
Note: CVOs shall be supervised by PNP Directors concerned
47. IPs’ sectoral reps in the SBs.
Who are the IPs?
Simply put, these are tribal Filipinos who have mainly retained their cultural
traditions that distinguish them from Christian and Muslim Filipinos.
The more precise description of “Indigenous Peoples” is found in the
Indigenous People’s Rights Act (Republic Act No. 8371):
“Indigenous Cultural Communities/Indigenous Peoples refer to
a group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of
ownership since time immemorial occupied, possessed, and utilized such
territories, sharing common bonds of language, customs, traditions, and other
distinctive cultural traits, or who have, through resistance to political, social
and cultural inroads of colonization, non-indigenous religions and cultures,
became historically differentiated from the majority of Filipinos.
48. ADDITIONAL DESCRIPTION OF IPs:
“ICCs/IPs shall likewise include peoples who are regarded as indigenous
on account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of inroads
of non-indigenous religions or cultures, or the establishment of present
state boundaries, who retain some or all of their own social, economic,
cultural and political institutions, but who may have been displaced from
their traditional domains or who may have resettled outside their
A fast research indicates that
the IPs in Northern Luzon
mainly consist of the "various
Igorot tribes, a group that
includes the Bontoc, Ibaloi,
Ifugao, Isneg, Kalinga,
Kankana-ey and Tinguians.”
the Gaddangs of the border
between Kalinga-Apayao, and
Isabela provinces and the
Ilongots of Nueva Vizcaya
Province and Caraballo
49. IPS IN THE VISAYAS AND MINDANAO
In Western Visayas, the Mangyans of Mindoro.
In Mindanao, they are collectively called, Lumad,
but there are really several tribal groups that are
1. Manobos in Bukidnon Province;
2. Bagobos, Mandayas, and Mansakas in the
mountains bordering the Davao Gulf;
3. Subanons of upland areas in the Zamboanga;
4. Mamanuas in the Agusan-Surigao border
5. Bila-an, Tiruray and Tboli in the Cotabato
6. Samals and Bajaus in the Sulu archipelago.
50. IP SECTOR REPS GOOD FOR ICCS AND THE NATION
Obviously, It is the Indigenous Peoples who would benefit directly,
and the nation too, if their sectoral representatives are seated in the
Municipal Councils of the places where they predominate - as
suggested by the topic under discussion.
Unfortunately, up to this very date, the sectoral representatives have
yet to be elected.
There were strong objections to seating them in the Sangguniang
Bayan (as well as in other LGU law-making bodies).
The reason, I suggest, is turf. The regular members of the
Sanggunian Bayan do not want to dilute their powers and perks with
the sectoral representatives. Which is a pity.
51. DELAY PREJUDICES IP RIGHTS
Had the sectoral representatives of the cultural, tribal groups of IPs
been activated, they would have already began earnestly to promote
their just causes and aspirations, especially in the protection of their
Ancestral Domain, their tribal lands, and other interests since 1990
when the Local Government Code was approved.
As it is, the tribal rights of the IPs in the area of local governance
have only been ambiguously recognized, and therefore, to that
extent the IPs have been unnecessarily prejudiced.
52. GOVERNMENT ACTS TO ACTIVATE
SECTORAL REPRESENTATION IN LGUs
The government passed certain acts that were intended to
activate the sectoral representatives in the local legislative
I. On November 14, 1975, President
Ferdinand Marcos issued Presidential
Decree No. 826 that authorized him
or by his duly representative to
appoint as many sectoral
representatives as there are
members of the Sangguniang xxx
53. MORE EXAMPLES:
II. On December 22, 1979, Batas
Pambansa Blg. 51, Sec. 4, provided for
the sectoral representatives in ... the
to be appointed by the President (Prime
"whenever, as determined by the SB, the said sectors
are of sufficient number in the municipality to warrant
representation after consultation with associations and
persons belonging to the sector concerned. "
54. III. February 10, 1983, Batas
Pambansa Blg. 337 enacted
the Local Government Code of
1983 that ordained that:
Unless otherwise provided by law, the present manner
of election/appointment of representatives of the
agricultural and industrial labor sectors to the
sangguniang panlungsod or sangguniang bayan, as
the case may be, shall be maintained."
55. IV. In 1987, the Philippine
Constitution in its Article X ordained
"Legislative bodies of local governments
shall have sectoral representation as
may be prescribed by law."
That law, however, still has to be
V. On August 24, 1990, the Supreme Court en banc
ruled on the meaning of that constitutional mandate in
the case of Supangan, Jr. v. Santos (G.R. No. 84663):
The phrase "as may be prescribed by law" does not and
cannot, by its very wording, restrict itself to the
uncertainty of future legislation.
56. VI. One year later, on October 10, 1991, Republic Act
No. 7160, the Local Government Code of 1991,
The Code fixed in Section 41 the manner of election of
The governor, vice-governor xxx municipal mayor,
municipal vice-mayor, and punong barangay.
They shall be elected at large in their respective units by the
qualified voters therein. xxx
The regular members of the sangguniang panlalawigan, xxx and
sangguniang bayan shall be elected by district, as may be provided
for by law. Sangguniang barangay members shall be elected at
large. The presidents of the leagues of sanggunian members of xxx
municipalities shall serve as ex officio members of the sangguniang
Incidentally, the LGC brought billions of pesos into LGU coffers.
57. EX-OFFICIO MEMBERS IN SP/SB
The presidents of the "liga ng mga barangay xxx elected by their
respective chapters, as provided in this Code, shall serve as ex officio
members of the sangguniang panlalawigan, xxx and sangguniang bayan.
In addition to the regular members, there shall be one sectoral
representative from the women, one from the workers, and one
from any of the following sectors: the urban poor (OR) indigenous
cultural communities (or) 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.
COMELEC was mandated by law to promulgate the rules and
regulations that would govern the election of sectoral
58. COMPOSITION OF SANGGUNIANG BAYAN:
Sec. 446. Composition. – (a) The sangguniang bayan, the legislative
body of the municipality, shall be composed of the municipal vice
mayor as the presiding officer, the regular sanggunian members, the
president of the municipal chapter of the liga ng mga barangay, xxx
and the sectoral representatives as members.
The sectoral representatives designated by the Code follow:
(a) one from the women;
(b) one from the agricultural or industrial workers, and
(c) one from other sectors, including the urban poor, (or) indigenous
cultural communities, or disabled persons and as … determined by the
sanggunian concerned within ninety (90) days prior to the holding of
The regular members of the sangguniang bayan and the sectoral
representatives shall be elected in the manner as may be provided for
59. VII. On November 26, 1991, the Synchronized Elections Law (R.A.
7166) was enacted into law.
It’s Section 3 set the manner of electing the members of the
Sangguniang Panlalawigan and the Sangguniang Bayan:
“For purposes of the regular elections on May 11, 1992, elective
members of the Sangguniang Panlungsod and Sangguniang Bayan shall
be elected at large in accordance with existing laws. However,
beginning with the regular elections in 1995, they shall be elected by
COMELEC “shall promulgate rules and regulations to effectively provide
for the election of sectoral representatives in the implementation of the
Local Government Code."
60. COMELEC FLIP-FLOPS
VIII. On October 27, 1992, the COMELEC issued Resolutions No. 2515 and
Resolution No. 2517 that laid down the rules and the dates for the elections of
the city and municipal sectoral representatives for March 26, 1993, and for the
provincial sectoral representatives for April 16, 1993.
IX. On March 11, 1993, the COMELEC issued Resolution No. 2575 that
suspended the elections of local sectoral representatives.
The act of the COMELEC suspending the elections of the sectoral
representatives could have been triggered by the opposition of the League of
Municipalities through a formal resolution (No. 6) dated August 27, 1992.
Having sectoral representatives would only worsen the financial burdens of the
municipalities, the LMP averred.
Four months later, the Philippine Councilors' League followed the example of the
LMP by manifesting its opposition to the move on December 1, 1992.
The sectoral groups, however, did not take things sitting down.
61. MANDAMUS IN SUPREME COURT
On July 7, 1993, eight sectoral organizations filed a mandamus case with the
Supreme Court. They sought to compel the Comelec to set the date for the
elections of sectoral representatives.
They argued that contrary to the position of those opposing the seating of the
sectoral representatives, adequate legal bases existed for calling of the
elections of sectoral representatives.
They cited the Local Government Code of 1991 and the Synchronized
Elections Law of 1991.
Moreover, the petitioners argued that unless they are represented in the in
local legislative bodies as ordained in Article X of the Constitution, they are
being deprived of a fundamental right.
The case was, however, dismissed by the Supreme Court on
the ground that there was “no justiciable controversy.”
62. COMELEC TRIES TO RECTIFY FAILURES
XII. On January 17, 1995, the Comelec tried to rectify its failures to call for the
elections of the sectoral representatives by issuing Resolution No. 2753.
This time, the election body fixed the rules and regulations governing the
elections of sectoral representatives to be synchronized with the national-local
elections of May 8, 1995.
The good intentions of the Comelec, however, were again frustrated because of
the enactment of Republic Act No. 7887.
The law caused the
Resolution to be withdrawn
as is explained more in detail
63. LAW TRIES TO CLEAR UP
XII. On February 20, 1995, Republic Act No. 7887 was passed.
It amended Section 3 of Republic Act No. 7166 in this manner:
"The Commission shall promulgate rules and regulations to
effectively implement the provisions of law which may
hereafter be enacted providing for the election of sectoral
The law made clear that the Comelec could only draw up the
guidelines for the election of the sectoral representatives in
the LGUs when the appropriate law would be enacted.
64. FAULTY PREMISE
Republic Act No. 7887 - that has been
cited as authorizing the election of
sectoral representatives - reveals the
faulty premise of its supposed mandate.
The law states that "the Commission shall promulgate rules and
regulations to effectively implement the provisions of law which
may hereafter be enacted providing for the election of sectoral
It appears, therefore, that the so-called authority in Republic
Act No. 7887 to call for the election of sectoral representatives
is made subject to the future legislation.
65. NAGA EXAMPLE
On December 20, 1995, Jesse Robredo, the dynamic mayor of Naga
City, approved an ordinance (No. 1995-092) that provided that:
There shall be one (1) representative in the Sangguniang
Panlungsod from each of the
(2) women and
(3) urban poor sectors of the city
who shall be elected from among the members of the accredited
NGOs and POs in each sector.”
66. The effectivity of the Ordinance in its Section 17, however, was
made dependent when xxx the relevant provisions on sectoral
representation of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, are actually implemented on a
WHAT’S MISSING HERE?
What, then, is needed to be done to seat the sectoral
representatives in the concerned LGU legislative body?
First, a law that would clearly enable the sectors mentioned in the
Local Government to be represented in the legislative bodies of the
LGUs where appropriate, meaning wherever they have sufficient
numbers to justify their being so represented.
2. In the meantime, we probably have to rely mainly on the
Indigenous People’s Rights Act.
67. NUMEROUS IPRA RIGHTS
Under this Act, several IP rights are recognized.
Specifically, in Section 16 of IPRA, the following is provided:
“Right to Participate in Decision Making.
ICCs/IPs have the right to participate fully,
if they so choose, at all levels of decision
making in matters which may affect their
rights, lives and destinies through
procedures determined by them as well as
to maintain and develop their own
indigenous political structures.
Consequently, the State shall ensure that
the ICCs/IPs shall be given
mandatory representation in
policy making bodies and other local
In Section 6 of the IRR of IPRA, the following is stated:
“Mandatory Representation in Policy Making Bodies. The
ICCs/IPs shall be provided mandatory representation in
all policy making bodies and in local legislative councils.
ICC/IP representation shall be proportionate to their
population, and shall have the same privileges as the
regular members of the legislative bodies and/or policy
69. Other Provisions Applicable to
Local Government Units
Local Initiative and Referendum
SECTION 120. Local Initiative Defined. – Local initiative
is the legal process where the registered voters of a local
government unit may directly propose, enact, or amend
70. LOCAL INITIATIVE AND REFERENDUM
As early as 1911, the power of initiative was already a popular device in
many cities and states of the United States.
In our country, it was only in 1986, during the deliberations of the
Constitutional Commission, that the power of initiative was put into the
The 1987 Constitution provides in
Section 32, Article VI that “(t)he
Congress shall, as early as possible,
provide for a system of initiative
and referendum, and the exceptions
therefrom, whereby the people can
directly propose and enact laws or
approve or reject any act or law or part
thereof passed by the Congress or local
71. INITIATIVE & REFERENDUM
In Section 3, Article X of the
Constitution such powers are
included and they are to be exercised
by the people. This section of the
Constitution mandates, among other
things, that the LG Code which
Congress shall enact shall “provide for
a more responsive and accountable
local government structure instituted
through a system of decentralization
with effective mechanisms for …
initiative and referendum ….”
72. Section 120 of the LG Code fleshes out the
Constitutional mandate on INITIATIVE and
> Empowers Voters to Legislate. The registered voters in an LGU
may propose, enact, amend and even repeal ordinances under
certain circumstances. It recognizes the people’s power to make local
laws or ordinances even if they are not duly elected members of the
local legislative councils or sanggunians.
Direct Initiative. The initiative discussed here is the direct
initiative (as distinguished from indirect initiative) where the
voters start the legislative process for the enactment, amendment
or repeal of an ordinance or resolution in the absence of positive
action of the Sanggunian.
An indirect initiative as defined by R.A. 6735 is a proposal that is
referred to the legislature (legislative body) for action by a
required number of registered voters.
73. STRENGTHENING DEMOCRACY
Initiative Strengthens Democracy. A direct initiative
advances measures that are directly proposed, discussed
and voted upon by the voters. Hence, it is a good means
of arousing civic consciousness and training in popular,
direct and democratic action. It is also a good device to
check Sanggunian indifference or apathy towards
measures which the people may wish enacted for the
advancement of their welfare.
74. SUBJECT MATTERS OF INITIATIVES
All sorts of measures may be the subject of direct
initiative for as long as these are within the
competence of the Sanggunian to enact. In California,
for example, direct initiatives were proposed to enact a
fishing control bill, to regulate the practice of
chiropractors, to levy a special tax to secure a new
library, to grant a franchise to a railroad company, and
to prevent discrimination in the sale of housing and
Resolutions Proper Subjects of Initiative.
Although this section speaks only of “ordinance,” the
initiative may be continued in a resolution.
75. WHO MAY EXERCISE POWER
OF INITIATIVE OR REFERENDUM?
Section 121 of the LG Code empowers all
registered voters of the provinces, cities
municipalities and barangays to propose measures
through initiative or referendum.
76. PROCEDURE IN LOCAL INITIATIVE – Sec. 122,
[The Comelec or its designated representative shall extend
assistance in the formulation of the initiative proposition]:
(a) Not less than 1,000 registered voters in case of provinces
and cities; 100 in case of municipalities, and 50 in case of
barangays, may file a petition with the Sanggunian
concerned proposing the adoption, enactment, repeal, or
amendment of an ordinance.
(b) If no favorable action thereon is taken by the sanggunian
concerned within 30 days from its presentation, the proponents,
through their duly authorized and registered representatives,
may invoke their power of initiative, giving notice thereof to the
(c) The proposition shall be numbered serially starting from
Roman numeral I.
77. MORE REQUIREMENTS FOR INITIATIVE:
(e) Proponents shall have 90 days in case of provinces and cities; 60 days in case of
municipalities, and 30 days in case of barangays, from notice mentioned in subsection (b)
hereof to collect the required number of signatures.
(f) The petition shall be signed before the election registrar, or his designated
representatives, in the presence of a representative of the proponent and a representative of
the Sanggunian concerned in a public place in the LGU, as the case may be. Stations for
collecting signatures may be established in as many places as may be warranted.
(g) Upon the lapse of the period herein provided, the Comelec, through its office in the LGU
concerned, shall certify as to whether or not the required number of signatures has been
obtained. Failure to obtain the required number defeats the proposition.
(h) If the required number of signatures is obtained, the Comelec shall then set a date for the
initiative during which the proposition shall be submitted to the registered voters in the LGU
concerned for their approval within 60 days from the date of certification by the Comelec, as
provided in subsection (g) hereof, in case of provinces and cities; 45 days in case of
municipalities, and 30 days in case of barangays.
The initiative shall then be held on the date set, after which the results thereof shall be
certified and proclaimed by the Comelec.
78. Section 123, LG Code: Effectivity of Local Propositions.
If approved by a majority of the votes cast, it shall take effect 15 days after
certification by the Comelec as if affirmative action thereon had been made
by the Sanggunian and local chief executive concerned.
If it fails to obtain said number of votes, the
proposition is considered defeated.
Section 124, LG Code: Limitations on Local Initiatives.
(a) The power of local initiative shall not be exercised
once a year.
(b) Initiative shall extend only to subjects or matters which are within the legal
powers of the Sanggunians to enact.
(c) If at any time before the initiative is held, the Sanggunian concerned adopts
in toto the proposition presented and the local chief executive approves the
same, the initiative shall be cancelled.
However, those against such action may, if they so desire, apply for initiative in
the manner herein provided.
79. Section 125, LG Code: Limitations upon
Any proposition or ordinance approved through
initiative and referendum shall not be repealed,
modified or amended by the Sanggunian concerned
within 6 months from the date of the approval
thereof, and may be amended, modified or repealed
by the Sanggunian within 3 years thereafter by a
vote of 3/4 of all its members: Provided, That in case
of barangays, the period shall be 18 months after the
Section 126, LG Code: Local Referendum Defined.
Local referendum is the legal process whereby the registered voters of
LGUs may approve, amend or reject any ordinance enacted by their
The local referendum shall be held under the control and direction of
the Comelec within 60 days in case of provinces and cities; 45 days in
case of municipalities, and 30 days in case of barangays.
The Comelec shall certify and proclaim the results of the said
80. REFERENDUM UNDER R.A. 6735
THE POWER OF THE ELECTORATE TO APPROVE OR
REJECT A LEGISLATION THROUGH AN ELECTION CALLED
FOR THAT PURPOSE.
IT MAY BE OF TWO CLASSES:
1. REFERENDUM ON STATUTES PASSED BY CONGRESS,
2. REFERENDUM ON LOCAL ORDINANCES OR
RESOLUTIONS ENACTED BY REGIONAL OR LOCAL
81. LOCAL LEGISLATVE BODIES
MAY SUBMIT THEIR ORDINANCES
OR RESOLUTIONS TO REFERENDUM
UNDER COMELEC SUPERVISION:
I. WITHIN 60 DAYS FROM APPROVAL OF
PROVINCES AND CITIES;
II. WITHIN 45 DAYS FROM APPROVAL OF
III. WITHIN 30 DAYS FROM APPROVAL OF
82. RECALL ELECTIONS
BY WHOM EXERCISED:
By the Registered Voters of an LGU to which the local
elective official subject of the Recall belongs.
WHO ARE SUBJECT TO RECALL
[NOTE: R.A. 9244 eliminates the Preparatory Recall Assembly]
ANY ELECTIVE LGU OFFICIAL
83. PROCESS OF RECALL
1. Initiated by any registered voter in the LGU
2. Supported by registered voters concerned in the
(a) At least, 25% of voting population of not more
84. FORMAL REQUIREMENTS FOR RECALL PETITIONS
1. WRITTEN PETITION
2. SIGNED BY REPRESENTATIVES OF THE
PETITIONERS BEFORE THE ELECTION
REGISTRAR OR HIS REPRESENTATIVE IN
THE COMELEC OFFICE IN THE LGU
85. CONTENTS OF RECALL PETITION
1. Names and Addresses of Petitioners written
and signed in legible manner;
2. The LGU to which they belong;
3. The name of the official sought to be
4. A brief recitation of the reasons for the
86. COMELEC DUTIES IN RECALL PETITIONS
1. Within 15 days from filing of Petition, certify to the sufficiency of the
number of signatures of Petitioners.
2. Within 3 days from issuance of certification,
(a) provide official concerned with copy of petition;
(b) Cause publication of the petition in national newspaper of
general circulation, and a newspaper of general circulation in the locality
concerned once a week for three consecutive weeks, at the expense of the
(c) post copies of the petition in conspicuous amd public places in the
locality concerned for a period of not less 10 days or more than 20 days.
UPON ISSUANCE OF THE CERTIFICATION:
3. Verify and authenticate the signatures of the petitioners;
4. Notify the representatives of the petitioners and the official sought to be
recalled. They shall have the right to participate in the verification of the
CHALLENGES contesting the authenticity of the signatures shall be decided
87. WHEN RECALL ELECTIONS SET
After the lapse of 15 days when the challenges contesting the
authenticity of the signatures (and the required number of
petitioners) shall have been disposed of, the Comelec or its duly
authorized representative shall announce that candidates for the
position, including the official sought to be recalled, are now being
The Recall Elections of the barangay, municipal or city official
concerned shall be held by order of the Comelec or its duly authorized
representative within 30 days after the procedure described above
shall have been done.
The Recall Elections of the provincial official concerned shall be held
within 45 days after the procedure stated earlier shall have been
88. PEOPLE OUT OF GOVERNEMNT ALSO PARTAKE
OF LEGISLATIVE POWER WHEN THEY VOTE IN
Briefly, plebiscite is the electoral process by
which a proposal to amend or revise the
Constitution is submitted to the people for their
approval or rejection.