PAT Ordinance of Quezon City pending Approval by Mayor Belmonte
This is the copy of the ordinance passed by the City Council on July 20, 2009. The ordinance is yet to be signed by Mayor Sonny Belmonte , for effectivity.
Republic of the Philippines
QUEZON CITY COUNCIL
PROPOSED ORDINANCE NO. 2008-111
AN ORDINANCE STRENGTHENING AND INSTITUTIONALIZING THE SYSTEM OF PARTNERSHIP IN LOCAL GOVERNANCE BETWEEN THE QUEZON CITY GOVERNMENT AND THE PEOPLE OF QUEZON CITY.
Introducer: Councilor. JORGE B. BANAL, JR.
WHEREAS, PARTICIPATION is based on the premise that the right and responsibility to govern are equally shared by those who govern and who are governed. Both the representative of the state and civil society share in common the initiative to better governance. The government and the governed take collective responsibility for the welfare of the society. Thus the need to create an effective venue for the governed to participate in meaningful governance. Good governance is easily achieved if its responsibilities are shared by the people. A system of partnership between the governor and the governed gives impetus to the time-honored principle that, indeed, sovereignty resides in the people.
WHEREAS, ACCOUNTABILITY is entrenched on the rule that public office is a public trust. It focuses on the regularity of fiscal transactions and faithful compliance with and adherence to, legal requirements and administrative policies. It is not only a government obligation but also an indispensable means to ensure responsiveness to the needs and rights of one’s constituency. Effective accountability and responsiveness can only be assured through the meaningful participation of the communities involved.
WHEREAS, TRANSPARENCY gives attention to the information systems that will inform the public of the following: a) policies, rules, and procedures, b) work programs, projects, and performance targets, c) performance reports, and d) all other documents as may hereafter be classified as public information. Such information shall be utilized solely for the purpose of informing the public of such policies, programs, and accomplishment, thus, generate continuous people’s support and meaningful participation in the development of the city.
Be it ordained by the Sangguniang Panlunsod of Quezon City, that:
SECTION 1. SHORT TITLE - This ordinance shall likewise be known as THE PARTICIPATION, ACCOUNTABILITY AND TRANSPARENCY ORDINANCE OF QUEZON CITY (PAT).
SECTION 2. DECLARATION OF PRINCIPLES AND STATE POLICIES. The Quezon City Government shall at all times adhere to the following:
Right to Self-Organization. It shall be the responsibility of the people to organize themselves into cooperatives, industrial labor organizations, interest groups, non-government organizations, sectoral organization, and/or people’s organizations, or to encourage and support their own efforts towards self-organization to address their common concerns, to promote their common welfare, and/or to serve the city or their communities and interests.
- a. The Philippine Constitution
1). “Art. X- Local Government, Sec. 14 – The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region”.
2). “Art. XIII- Social Justice and Human Rights, a). Sec. 15 The state shall respect the role of 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 and lawful means. b). 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”.
- b. The Local Government Code 1991 (R.A. 7160)
1) “Book I, Title I- Basic Principles, Chapter 4- Relations with People’s and Non-Governmental Organizations, Sec. 34-36
SEC. 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.
SEC. 35. Linkages with People’s and Non-Governmental Organizations. – Local government units may enter into joint ventures and such other cooperative arrangements with people’s and non-governmental organizations to engage in the delivery of certain basic services, capability-building x x x”.
“SEC. 36. Assistance to People’s and Non-Governmental Organizations. A local government unit may, through its local chief executive and with the concurrence of the sanggunian concerned, provide assistance, financial or otherwise, to such people’s and non-governmental organizations for economic, socially-oriented, environmental, or cultural projects to be implemented within its territorial jurisdiction”.
2). “Book III, Title III- The City, Chapter III- Officials and Offices Common to all Cities Sec. 458Powers, Duties, Functions and Compensation”
SECTION 3. – DEFINITION OF TERMS–
As used in this Ordinance, the following terms shall mean:
- Governance - the exercise of political, economic, and administrative authority to manage a nation’s affairs. It embraces all methods that societies use to distribute power and manage public resources and problems.
- Non-Government Organizations (NGOs) – defined as non-stock, non-profit, non-membership voluntary organizations registered with Securities and Exchange Commission (SEC), or any Government Agencies empowered by law or policy to register and/or accredit NGOs and other similar aggrupations, having a core staff delivering a mandate for acting as intermediaries for grassroots organizations, promoting self-help projects or doing community organizing work. NGOs are also defined as privately funded, non-profit development organizations and self-help organizations engaged primarily in promoting, empowering and providing their members with legal means to improve their socio-economic and political status.
- People’s Organization (POs) – are community-based, mass membership organizations, Securities and Exchange Commission (SEC) ), or any Government Agencies empowered by law or policy to register and/or accredit POs and other similar aggrupations, registered with a set of by-laws adopted through a membership assembly and duly elected officials. POs are either sectoral or a multi-sectoral alliance pursuing a common goal and established to secure benefits for their membership and articulate aims and objectives in the general development discourse.
- Council of Sectoral Representatives (CSR) – the fifty (50) representatives to the City Development Council (CDC) elected from the General Assembly of accredited NGOs / POs of Quezon City. This body is composed of different sectoral representatives tasked to participate in developmental planning, investment programming and monitoring and evaluation in the CDC.
e. Interfaith and Church-based Organizations. Organizations and other faith-based aggrupations that are involved in assisting the church and in addressing the religious, socio-economic and welfare needs of its constituency.
- Civic Organizations. Those engage in philanthropic and humanitarian programs and services.
- Professional organizations. Organizations whose members belong to the practice of professional services such as lawyers, doctors, engineers, teachers, media workers and practitioners, academic persons.
- Civil Society Organizations (CSOs) – are non-state organizations which aim neither to generate profits nor to seek governing powers. They constitute the third sector, existing alongside and interacting with the state and market. They have a presence in public life, expressing the interest and values of their members or others, and are based on ethical, cultural, economic, scientific, religious considerations.
- Private/Business Organizations – key actor in the realm of the economy where the central social concern and process is the mutually beneficial production and distribution of goods and services to meet the physical needs of human beings. The private sector comprises private corporations, enterprises, individual businesses.
- Vulnerable and marginalized groups – are those facing higher exposure to poverty, hunger, political, economic and cultural exclusion.
- Partisan politics – shall refer primarily to any activity statement or manifestation which solely serves to campaign for or against any particular political party or any candidate for any elective public office.
- Local Special Bodies. Other bodies created by the national and local laws, including task forces and committees.
- Internal Rules and Procedures (IRP) – the systems, mechanisms, policies, rules and procedures that shall govern the operations of the PCQC.
SECTION 4. GENERAL ASSEMBLY OF CSOs AND PRIVATE/BUSINESS ORGANIZATIONS SHALL BE KNOWN AS THE PEOPLE’S COUNCIL OF QUEZON CITY
This Ordinance shall institutionalize the regular convening of the General Assembly (GA) of CSOs and private/business organizations in Quezon City. The City Government shall convene all CSOs and private/business organizations to be known henceforth as the People’s Council of Quezon City (PCQC). The PCQC when created will be the standing and regular body and the umbrella of all accredited CSOs and private/business organizations of the City. Its members and officers shall be co-terminus with the elected local chief executive and the Sangguning Panlungsod. It shall function as a local special body created by Quezon City as defined in Section 5 of this Ordinance.
Through the Community Relations Office, City Planning and Development Office, the Department of Interior and Local Government, and the Accreditation Committee of the City Council, and the Council of Sectoral Representatives (CSR), the City Government shall initially convene all accredited civil society organizations and private/business organizations. After convening, the same shall be known henceforth, as the PCQC. Thereafter, the PCQC shall elect among themselves their representatives to sit in the city development council, various local special bodies, committees, task forces, and other similar government work groups.
The current General Assembly of CSOs and private/business organizations shall form the first PCQC to be recognized as such upon effectivity of this Ordinance with the CSR acting as its interim Executive Committee. Thereafter, the PCQC shall be convened within 60 days after the assumption to office of the newly elected city officials.
SECTION 5. – FUNCTIONS AND RESPONSIBILITIES. The PCQC shall function as the accountability body of all accredited CSOs and private/business organizations. It shall also act as the active partner of the local government in local governance.
- Other functions and responsibilities include as follows;
1). Conduct research and data bank for sectoral concerns, in coordination with the Quezon City Planning and Development Office (CPDO) which the city government may use as basic information for developmental planning;
2). Document/Profile community initiative in development and best practices.
- Upon recognition, the PCQC, in accordance with its policies and internal rules, shall elect from among its member organizations their respective representatives to the different local government bodies, boards, councils, committees, task forces and special bodies, which the city government or the national laws have created and may hereinafter create and/or which allows CSOs and private/business organizations representation and endorse the same to the city government.
- PCQC shall submit to the City government joint ventures and other cooperative undertaking to engage in the delivery of certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity and income, promote ecological balance, and enhance the economic and social well-being of the people within the framework of equitable and sustainable development.
- The PCQC shall enter into partnerships with other organizations, development funding agencies, and other entities/offices, locally and internationally, which are in line with its principles and programs, and for resource mobilization. All partnerships and contracts entered into with the government shall be subject to the compliance with the national accounting and auditing procedures. A Memorandum of Agreement shall be signed by the city government and the PCQC to ensure accountability and transparency of funds management. Likewise, the PCQC shall assure that its internal fund management and programs, projects and activity reports are open to all inquiries from all concerned stakeholders including the local government. (To be detailed in the IRP).
- The PCQC shall be invited to observe and participate in the deliberation, conceptualization, and evaluation of projects, activities and programs of the city special bodies and participate at the committee level and/or act as the people’s representatives in consonance with their constitutional rights to information on matters of public concern and of access to official records and documents.
- The City Government shall likewise ensure the PCQC participation during the conduct of regular barangay and sectoral hearings, and other public consultation on all matters affecting the general welfare, and/or submit all concerns and issues to the people for information and appropriate action. (To be detailed in the IRR).
- The PCQC shall assist the city government in guaranteeing the maintenance and conduct of regular and timely information and education program on city policies, program, projects and activities to adequately inform the people on issues and matters affecting their rights and welfare.
SECTION 6. RIGHTS AND PRIVILEGES of PCQC members -
As members, they shall:
- Internally, vote on matters properly referred or endorsed for action.
- Also, elect and to be elected as officer of the PCQC including the rights to represent the PCQC to local special bodies, task forces, committees, councils.
- Observe, participate and/or act as resource persons in public hearings, consultations.
- Participate and vote in local health board, local school board, local peace and order council, and other national and local government executive and legislative bodies in Quezon City with legally mandated CSOs and private/business representations; city development and investment planning.
- Observe, participate and submit recommendations in the implementation, monitoring and evaluation of city government’s programs and projects.
- Member organizations elected to represent the PCQC shall have the sole prerogative to choose from among their bona fide members the persons who shall sit in the boards, councils, committees, task forces and/or special bodies concerned. The PCQC shall develop criteria in selecting said representation.
SECTION 7. – STRUCTURE AND INTERNAL RULES OF THE PCQC
The PCQC shall provide for its own organizational structures and internal rules, including, but not limited to, appointing/designating members of its Secretariat and, shall at all times, maintain adequate consultation mechanisms for purposes of obtaining the views and suggestions of all political parties or movements, government employees’ organizations, other non-accredited but legitimate CSOs and private/business organizations; Provided, that no non-accredited CSOs and private/business organizations may be nominated by the Council for endorsement in the City’s special bodies nor they be granted the rights and privileges of accredited CSOs and private/business organizations under this Ordinance; and provided further, that no provision herein shall be interpreted to prohibit the Council from changing its name or from being organized other than for purposes stated in this Ordinance.
SECTION 8. NON-PARTISAN NATURE OF THE PCQC. – The representatives of the PCQC are prohibited from engaging nor allowing themselves to be used for purposes of partisan politics and shall adopt measures to ensure that the PCQC is adequately shielded from any political partisanship or influence.
SECTION 9. RECOGNITION. - There shall only be one (1) PCQC which shall be recognized by the Sangguniang Panlungsod.
SECTION 10. ACCREDITATION OF CSOs and PRIVATE ORGANIZATIONS. – Any city-based non-governmental organization or people’s organization in active operation for at least one (1) year may be registered and accredited by the Sangguniang Panlungsod upon submission of and/or compliance with the requirements provided in R.A. 7160 otherwise known as the Local Government Code of 1991 and its IRR, DILG MC 2007-81, Q.C Ordinance Nos. SP-23, S-1992 and SP-1494, S, 2005, to wit:
- Duly accomplished application form;
- Board Resolution duly approved or adopted by at least two thirds (2/3) of the members of the Board signifying intention for accreditation for the purpose of accreditation in the local special bodies and the names of the duly authorized principal and alternate representatives and their respective addresses signed by the approving members of the board of directors and duly certified by the secretary of the organization;
- Duly Certified Photo copies of Certificate of Registration issued by government agencies concerned;
- List of current officers and members of the organization/associations indicating their names, residence/address, citizenship (based on Art. IV, 1987 Phil Constitution), contact number and other related information, duly certified by the secretary of the organization;
- Annual Accomplishment Report/List of projects and activities undertaken;
- Financial Statement;
- Minutes of the annual/organizational meeting, and the attendance therein of the majority of the officers and members with their affixed signatures, duly certified by the board secretary of the organization;
- Duly Certified Photo copies of Constitution/Articles of Association and By-Laws, minutes of the adoption or ratification thereof, as well as list of members who participated therein as evidenced by their signatures;
- Certification from the Punong Barangay attesting to the existence of the organization in the barangay;
All CSOs and private/business organizations whose application for accreditation has been approved shall be issued a certificate of accreditation containing, among others, the terms and conditions for the maintenance of their accreditation status. Their accreditation shall be co-terminus to that of the approving Sangguniang Panlungsod.
The PCQC representatives to the different City’s special bodies must have a proven track record of three (3) years of operation/experience in its line of work or sector.
SECTION 11. TERMINATION OF REPRESENTATIVE TO THE PCQC. – The People’s Council of Quezon City, as a self-regulating body, after due process, may terminate any representative of member CSOs and private/business organizations for violation of any provision of this Ordinance, its Internal Rules and Procedures or any of the terms and conditions of its accreditation.
The PCQC shall inform the Sangguniang Panlungsod all decisions pertaining to membership termination.
SECTION 12. – MEMBERSHIP IN GOVERNMENT BODIES –
All City Government’s committees, boards, councils, task forces, and special bodies, including other bodies mandated by the national government, shall have equitable and substantial representation and involvement of the members of the PCQC or its representatives subject to the provisions of Book 1, Article V, VI, and VII of Republic Act 7160, otherwise known as the Local Government Code of 1991. As such, the term of PCQC representatives as members to City’s government bodies shall be co-terminus with the members of the Sangguniang Panlungsod and shall not exceed three (3) terms or nine (9) consecutive years.
SECTION 13 – LOCAL GOVERNMENT SUPPORT. – The Quezon City Government shall give support to the People’s Council of Quezon City pursuant to Chapter IV, Section 35 and Section 36 of the Local Government Code of 1991.
The PCQC shall generate its own funds and shall be allowed to accept donations. With funds coming from government and quasi-government institutions, the PCQC shall comply with the prescribed national accounting and auditing procedures. However, with funding from private organizations, the PCQC shall apply its own internal auditing procedures.
Consistent with Section 5, par. 6, PCQC shall observe transparency and accountability in its fund management.
SECTION 14. – PCQC Office. – The City Government shall provide an office and authorize its maintenance and operation to serve as its place for cooperation, coordination and joint actions on matters affecting the local government and its constituencies’ interest.
The Community Relations Office shall provide secretariat support and assistance to the PCQC.
Section 15. Oversight Committee. An oversight committee shall be established to monitor, evaluate and introduce corresponding recommendations to enhance this ordinance. The City Vice Mayor or the Presiding Officer and the Chairperson of Committee on People’s Participation of the Sangguniang Panglungsod shall be the chairperson and vice-chairperson, respectively, which shall be convened annually on the first Wednesday of July. The committee shall be composed of the members of the Committee on People’s Participation, at least two (2) from the Minority bloc, Chair of the Committee on Appropriations, six (6) members of the PCQC, CPDO Head, the City Local Government Operations Officer (CLGOO) and the CRO Head as secretariat.
Section 16. Implementing Rules and Regulations. There shall be an IRR to be drafted immediately within 60 calendar days after the publication of this ordinance in, at least one (1) major newspaper of wide circulation. After undergoing thorough public consultation, the IRR shall be crafted with the participation of CSOs and private/business organizations, through the existing CSR, the Committee on People’s Participation, Head of the CPDO and Head of the CRO. This IRR shall be ratified by the City Council immediately or within seven (7) calendar days.
SECTION 17. - SANCTIONS. – Non-compliance with this Ordinance shall be dealt with accordingly in accordance with pertinent national and local laws, rules and regulations.
SECTION 18. – REPEALING CLAUSE. - All resolutions, ordinances and executive issuances, or provisions thereof, which are inconsistent with any of the provisions hereof are hereby repealed accordingly, amended and/or modified.
SECTION 19. – SEPARABILITY CLAUSE. – Should any provision of this ordinance be subsequently declared unconstitutional or ultra vires, the rest of the provisions not so declared shall remain to be in full force and effect.
SECTION 20. – EFFECTIVITY CLAUSE. – This ordinance shall take effect immediately upon approval and publication in, at least one (1) major daily newspaper of wide circulation in Quezon City. Publication shall be done within one (1) week after the approval of this Ordinance.
ENACTED: ______________, 2009.
JORGE B. BANAL, JR.
Councilor, 3rd District