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Participatory Electoral Platform / Agenda Building in Quezon City: First Step towards a More Accountable Governance

September 28, 2009 Leave a comment

bayanihanby Ed Chavez

I am an advocate of good governance, as well as political and electoral reforms. We want reform in governance. We want it happen in the Philippines. We can start it locally at the city and barangay level. We need leaders who will promote participatory good governance. Good governance starts with platform building. Platform based election vs personality and money -oriented politics. Much better if the candidate’s platform is crafted by the people.  They will have ownership in the platform. It becomes a covenant between the leaders and its constituents. The platform is based from the people’s experience, their aspirations. More importantly, public accountability is stronger specially when the candidate is already in office.

…And we  found a partner to do this and make these  ideas materialize. In Quezon City. A result of the meeting of minds.  a very promising leader. young. idealistic. passionate. Hindi rin biro na maglunsad ng ganitong proyekto– ang ilahad at ipaubaya mo sa mga mamamayan ang magiging development agenda at plataporma de gobyerno. It may raise expectations from your constituents.  but she  confidently took the challenge. At mukhang this is the first in Quezon City, or in NCR, kung hindi man sa buong Pilipinas.

(I met her during our Special Course in Urban and Regional Planning at UP. We are both members of the Council of Sectoral Reps. Dun lang kami nagkakilala. And from there, nagkakaroon kami ng exchange of ideas. And I personally found her ideas progressive and reform-oriented (unexpectedly:-).

The platform will center on further improving the following key areas/sectors:

  • Health and Nutrition
  • Education and Culture
  • Livelihood and Economic Development
  • Peace and Social Security
  • Sustainable Good Governance

The main thrust should be how to create Jobs and livelihood, programs that will create Opportunities for all — Youth, women and all sectors. The main strategy for the platform/agenda to be realized is through Bayanihan sa Pamamahala.

There will be a series of community-based consultation-workshops in each 24 areas of Quezon City wherein the result of the workshop will be presented back to the people for approval, adoption and endorsement. The platform may even be presented to other candidates as a development agenda that gone through a process. And not just developed by one or two persons. Because of the process, the agenda or programs are based on the priorities perceived by the people themselves.

Baka sakali, sa pagsisimula sa paggawa pa lang ng plataporma, ay matiyak ng mga tao ang isang mas responsive, accountable, transparent at participative na pamamahala — dito sa Quezon City sa pamamagitan ng Bayanihan sa Barangay.

(this article is based on the personal ideas of the author)

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Categories: Uncategorized

HB 6111 para sa Makataong Paninirahan: Isinulong ni Risa Hontiveros

September 8, 2009 Leave a comment

RISAHONTIVEROSNa-file na ni Representative Risa Hontiveros ang Akbayan Urban Poor Bill (HB 6111) na naglalayong mas palakasin ang implementasyon ng Batas Laban sa Sapilitang Pagpapatalsik, o ang Urban Development and Housing Act of 1992 (RA 7279)

UDHA: Makalipas ang 17 taon…

Nitong nakaraang Marso 28, 2009, ginunita ang ika-17 taong anibersaryo ng UDHA, ang batas na nilikha upang i-angat ang kalagayan ng mga maralitang mamamayan sa pamamagitan ng pagbigay sa kanila ng disente at abot-kayang pabahay, mga batayang serbisyo, at mga oportunidad na panghanap-buhay.

Sa pamamagitan ng mga mekanismong itinakda sa UDHA, nilayon ng mga may-akda ng batas na bigyang-solusyon ang ilang dekada nang problema sa pabahay sa kalunsuran. Ilang mahalagang halimbawa ng mga mekanismong ito ay ang:

  • pagbuo ng isang kumprehensibong plano – ang National Urban Development and Housing Framework – upang tiyakin ang katuparan ng mga layunin ng UDHA;
  • pag-imbentaryo ng mga lupain ng mga siyudad at munisipyo at pagtakda kung alin sa mga lupaing ito ang maaaring gamitin para sa programang Socialized Housing at bilang resettlement areas;
  • pagtakda ng mga pamamaraan kung paano mapapasa-gubyerno ang mga lupaing ito upang mailipat sa kamay ng mga benipisyaryo;
  • pagtiyak sa pagkakaroon ng mga batayang serbisyo at kabuhayan sa mga resettlement areas at housing sites;
  • pagbawal sa demolisyon maliban lang kung umaayon ito sa mga patakarang nakalista sa batas; at,
  • paglunsad sa Community Mortgage Program (CMP) bilang isang paraan kung paano mabibili ng mga maralita ang loteng kinatitirikan ng kanilang bahay;

Bakit nga ba binuo ang UDHA?

Binuo ang UDHA dahil, ayon na rin sa ilang pandaigdigang kasunduan at sa mismong mga batas ng Pilipinas, obligado ang pamahalaan na proteksiyunan ang  karapatan ng mga mamamayan nitong maralitang taga-lungsod.

Ayon, halimbawa, sa Article 11.1 ng International Covenant of Economic, Social and Cultural Rights (ICESR), ang Pilipinas ay obligadong “ihinto ang mga sapilitang pagpapalayas at tiyaking mananagot sa batas ang sino

mang patuloy na nagsasagawa ng mga sapilitang pagpapalayas.”

Ganitong klaseng proteksiyon din ang iginagawad sa mga maralitang taga-lungsod ng mga probisyon ng Saligang Batas na patungkol sa Urban Land Reform at Housing, lalu na ang Seksiyon 9 at 10 ng Article XIII (Social Justice) ng 1987 Philippine Constitution, na nagsasabing:

“URBAN LAND REFORM AND HOUSING:

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.

03102008948

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.”

Sa madali’t sabi, inuutusan ng Section 9 ang pamahalaan na patuloy na magsagawa ng mga programang pabahay at itaguyod ang Urban Land Reform upang mabigyan ang mga mahihirap at walang-bahay na mamamayan ng sumusunod na serbisyo:

  1. mura at disenteng pabahay na mayroong mga batayang serbisyo;
  2. pagkaroon ng maayos na oportunidad panghanap-buhay;
  3. proteksiyon sa karapatan ng mga maliliit na “property owners”

Ginagarantiya naman ng Section 10 ang proteksiyong ibibigay sa mga mahihirap at walang-bahay na mamamayan laban sa di-makatarungang demolisyon at pagpapalayas. Ito ay sa pamamagitan ng:

  1. pagbawal sa mga demolisyon/pagpapalayas na hindi umaayon sa mga patakarang itinakda ng batas;
  2. pagtiyak na ang anumang demolisyon/pagpapalayas na papayagan ay makatarungan at hindi yumuyurak sa dignidad ng tao;
  3. di pagpayag sa anumang “resettlement” kung walang tunay na konsultasyon na naganap.

Ang tanong ngayon – Nagtagumpay ba ang UDHA sa pagkamit sa mga tunguhin nito? Maaari siguro nating sagutin ang katanungang iyan sa pamamagitan ng isa pang tanong – lahat ba ng mga dapat ay benipisyaryo ng UDHA ay nakikinabang na sa isang programa para sa mura at disenteng pabahay?

Ang mga taglay na kahinaan ng UDHA ang mismong dahilan kung bakit isinulong ng Akbayan ang HB 6111. Sa pamamagitan ng panukalang batas na ito, nais ng Akbayan na ma-amyendahan ang UDHA upang gawin itong mas epektibo at mas makatarungan.

Ano ba ang mga mahahalagang panukala ng HB 6111?

Ang pinaka-mahalagang amyenda na isinusulong ng HB 6111 ay ang pagtanggal sa “cut-off date” na March 28, 1992 na itinakda ng UDHA, sapagkat napakaraming mga maralitang taga-lungsod at mamamayang walang sariling bahay ang pinagkaitan ng karapatan na maserbisyuhan ng gubyerno ng probisyong ito. Sa tingin ng Akbayan, napakalaking paglabag sa ating Saligang Batas ang pagtatakda ng “cut-off date” sa isang napakahalagang batayang serbisyong tulad ng pagkaroon ng mura at disenteng pabahay.

Dahil sa “cut-off date” na ito, nagkaroon bigla ng dalawang kategorya ng mga maralitang taga-lungsod at mamamayang wa;ang sariling bahay – isang kategorya ay yung mga nagtayo ng bahay bago ang March 28, 1992, at ibang kategorya naman yung mga nagtayo ng bahay mula March 28, 1992, pataas.

Yung mga napailalim sa unang kategorya ay kabilang sa mga maaaring mag-benipisyo sa mga Social Housing Projects ng pamahalaan at, kung sakaling magkakaroon ng demolisyon, protektado ng Section 28 ng UDHA.

Subalit ang mga minalas na napabilang sa ikalawang katergorya, walang proteksiyong maaasahan sa Section 28 sakaling gibain ang kanilang mga bahay at patalsikin sila sa kanilang mga tirahan. Ang polisiyang “Summary Eviction” ang ipapataw sa kanilang kategorya. Dagdag pa rito, ang pagkakaroon ng isang “cut-off date” ay tila nagdadagdag ng isa pang requirement sa pagiging benipisyaryo sa Social Housing Program ng pamahalaan dun sa apat nang nakatakda sa Section 16 ng UDHA.

Sa katunayan, dahil sa pagkakaroon ng isang “cut-off date,” parang tinalikuran na rin ng pamahalaan ang polisiyang Continuing Urban Development and Housing Program, na siyang mandatong ibinibigay ng Sections 9 at 10 ng Article XIII ng Saligang Batas at maging ng UDHA Law mismo.

Pero bakit nga ba may “cut-off date” pang itinakda? Simple lang po ang dahilan – umasa kasi ang mga lumikha sa UDHA na sa pagdating ng March 28, 1992 ay resolbado na ang problema sa pabahay sa Pilipinas!

Dahil tuloy sa baluktot na paniniwalang ito ay natanggalan ng karapatang ma-proteksyunan ayon sa Section 28 ng UDHA ang sinumang maralitang taga-lungsod o mamamayang walang sariling bahay na magtatayo ng bahay mula March 29, 1992 pataas. Parang hindi tuloy isinasaalangalang ng batas ang iba pang mga kadahilanan sa likod ng problema sa kawalahan ng pabahay.

Layon din ng HB 6111 na ibalik ang mga mahahalagang karapatan ng mga komunidad ng maralita sa pamamagitan ng pag-amyenda sa mga sumusunod na prubisyon ng UDHA:

  1. Section 16: Eligibility Requirements of Socialized Housing Program Beneficiaries. Dahil sa panukalang dagdag na paragraph sa HB 6111, pinipigilan na ang mga ahensiya ng pamahalaan at mga LGU na magdagdag ng ibang requirements para maging benipisyaryo ang isang tao ng Social Housing Program ng pamahalaan. Basta’t taglay ng isang maralita o mamamayang walang sariling bahay ang apat na requirements na itinakda ng Section 16, maari siyang maging benipisyaryo.

RA 7279 (UDHA)

HB 6111

SEC. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries. To qualify for the

socialized housing program, a beneficiary:

a)     Must be a Filipino;

b)    Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act;

c)     Must not own any real property whether in the urban or rural areas; and

d)    Must not be a professional squatter or a member of squatting syndicates.

SEC. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries. To qualify for the

socialized housing program, a beneficiary:

a)   Must be a Filipino;

b)   Must be an underprivileged and homeless

citizen, as defined in Section 3 of this Act;

c)   Must not own any real property whether in the

urban or rural areas; and

d)   Must not be a professional squatter or a

member of squatting syndicates.

DAGDAG NA PARAGRAPH:

These requirements are exclusive and any person who possesses them is entitled to registration as a beneficiary of the socialized housing proqram and may not be excluded based on any other grounds or consideration.”

  1. Section 28. Eviction and Demolition. Dahil sa panukalang dagdag na paragraph sa HB 6111, kailangan nang tuparin ng mga awtoridad ang lahat ng requirements bago magsagawa ng demolisyon o pagpapatalsik, kahit pa lampas March 28, 1992 itinayo ang mga kabahayan.

RA 7279 (UDHA)

HB 6111

SEC 28. Eviction and Demolition. Eviction or demolition as a practice shall be discouraged.

Eviction or demolition, however, may be allowed under the following situations:

a)     When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;

b)    When government infrastructure projects with available funding are about to be implemented; or

c)     When there is a court order for eviction and demolition.

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory;

  1. Notice upon the affected persons or entities at least thirty (*30) days prior to the date of eviction or demolition;
  1. Adequate consultations on the matter of resettlement with the duly designated   representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;
  1. Presence of Local government officials or their representatives during eviction or demolitions;
  1. Proper identification of all persons taking part in the demolition;
  1. Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;
  1. No use of heavy equipment for demolition except for structures that are permanent and other of concrete materials;
  1. Proper uniforms for members of the Philippines National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and
  1. Adequate relocation, whether temporary or permanent; provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgement by the court, after which period the said order shall be executed: provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.

The department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision.

SEC 28. Eviction and Demolition. Eviction or demolition as a practice shall be discouraged.

Eviction or demolition, however, may be allowed under the following situations:

a)    When persons or entities occupy danger areas

such as esteros, railroad tracks, garbage

dumps, riverbanks, shorelines, waterways, and

other public places such as sidewalks, roads,

parks, and playgrounds;

b)    When government infrastructure projects with

available funding are about to be implemented;

or

c)    When there is a court order for eviction and

demolition.

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory;

1.    Notice upon the affected persons or entities at

least thirty (*30) days prior to the date of eviction

or demolition;

2.     Adequate consultations on the matter of

resettlement with the duly designated

representatives of the families to be resettled

and the affected communities in the areas where

they are to be relocated;

3.    Presence of Local government officials or their

representatives during eviction or demolitions;

4.    Proper identification of all persons taking part in

the demolition;

5.    Execution of eviction or demolition only during

regular office hours from Mondays to Fridays and

during good weather, unless the affected families

consent otherwise;

6.    No use of heavy equipment for demolition except

for structures that are permanent and other of

concrete materials;

7.    Proper uniforms for members of the Philippines

National Police who shall occupy the first line of

law enforcement and observe proper disturbance

control procedures; and

8.    Adequate relocation, whether temporary or

permanent; provided, however, That in cases of

eviction and demolition pursuant to a court order

involving underprivileged and homeless citizens,

relocation shall be undertaken by the local

government unit concerned and the National

Housing Authority with the assistance of other

government agencies within forty-five (45) days

from service of notice of final judgement by the

court, after which period the said order shall be

executed: provided, further, That should

relocation not be possible within the said period,

financial assistance in the amount equivalent to

the prevailing minimum daily wage multiplied by

sixty (60) days shall be extended to the affected

families by the local government unit concerned.

DAGDAG NA PARAGRAPH:

Observance of the above requirements shall be mandatory in all cases involving the eviction and demolition of underprivileged ang homeless citizens, reqardless of whether or not their dwellinqs or residential structures were constructed after the effectivity of this Act.

The department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision.

  1. Section 30. Prohibition Against New Illegal Structures. Dahil sa mga panukalang dagdag na patakaran sa HB 6111, obligado nang sundin ng mga awtoridad na magsasagawa ng demolisyon ang walong (8) patakaran na itinakda sa ilalim ng Section 28 ng UDHA dahil sila ay papanagutin sa batas kapag kanilang nilabag ang alin man sa walong patakarang ito.

RA 7279 (UDHA)

HB 6111

SEC. 30. Prohibition Against New Illegal Structures. It shall be unlawful for any person to construct any structure in areas mentioned in the preceding section.

After the effectivity of this Act, the barangay, municipal or city government units shall prevent the construction of any kind of illegal dwelling units or structures within their respective localities. The head of any local government unit concerned who allows, abets or otherwise tolerates the construction of any structure in violation of this section shall be liable to administrative sanction under existing laws and to penal sanctions provided for in this Act.

SEC. 30. Prohibition Against New Illegal Structures. It shall be unlawful for any person to construct any structure in areas mentioned in the preceding section.

After the effectivity of this Act, the barangay, municipal or city government units shall prevent the construction of any kind of illegal dwelling units or structures within their respective localities. PROVIDED, HOWEVER, THAT ANY EVICTION OR DEMOLITION OF UNDERPRIVILEDGED AND HOMELESS CITIZENS CONDUCTED IN IMPLEMENTATION OF THIS SECTION MUST BE DONE WITH OBSERVANCE OF AND IN FULL COMPLIANCE WITH THE EIGHT (8) MANDATORY REQUIREMENTS PRESCRIBED UNDER SECTION 28 OF THIS ACT. The head of any local government unit concerned who allows, abets or otherwise tolerates the construction of any structure in violation of this section, OR WHO, IN IMPLEMENTATION THEREOF, CONDUCTS AN EVICTION OR DEMOLITION INVOLVING UNDERPRIVILEDGED AND HOMELESS CITIZENS WITHOUT COMPLYING WITH SECTION 28, shall be liable to administrative sanction under existing laws and to penal sanctions provided for in this Act.

Mga hamon sa pagbuo ng at pag-implementa sa Batas Pabahay

Maliban sa patuloy na paunlarin ang mga kasalukuyang batas na may epekto sa mga maralitang taga-lungsod, mahalaga ring maging aktibo ang sektor ng mga maralita sa pakiki-ugnay at pagbabantay di lamang sa mga pambansang ahensiyang pabahay kundi pati sa mga local na pamahalaan. Sa katunayan, binibigyan ng mandato ng UDHA ang mga lokal na pamahalaan na pangunahan ang pagsasagawa sa Land Inventory, tiyakin na makatarungan at makatao ang anumang demolisyon na isasagawa at, sa ilang kaso, bayaran ng kumpensasyon ang mga apektadong mamamayan.

Inilabas ng Department of Interior and Local Government (DILG) ang Memorandum Circular No.2008-143 na nag-uutos sa mga LGU na magpasa ng mga ordinansa para itayo ang Local Housing Boards, alinsunod na rin sa Executive Order No. 708 na nag-devolve sa gawaing pag-apruba ng “demolition clearances” mula sa Philippine Commission on the Urban Poor (PCUP) tungo sa mga LGU na mismo. Mga Local Housing Boards na dapat ang mag-aapruba sa anumang planong demolisyon o pagpapatalsik.

Subalit magpasahanggang-ngayon, iilan pa lang sa mga LGU ang nagpasa na ng mga ordinansang hinihingi ng nasabing memoradum circular ng DILG.

Isa ring importanteng bagay na dapat bantayan ay kung anong klaseng ordinansa para sa local housing board ang isasabatas ng mga lokal na pamahalaan.  Baka ito ay magsilbi lamang clearing house sa demolition. Dapat ang mga Local Housing Boards ay itayo hindi lamang bilang clearing house, kundi ay upang maging isang body na magbabalangkas ng kumprehensibong programa para sa pabahay sa mga lokal na pamahalaan.

Kaya mahalaga na aktibong at seryosong iparating ng mga samahan ng maralitang taga-lungsod ang kanilang mga isyu sa pabahay sa mga nagnanais tumakbo sa halalan sa 2010, di lamang doon sa mga naghahabol ng pambansang posisyon kundi pati na rin sa mga tatakbo sa lokal.

(Salamat kina Obet Belandres at Aki Nano ng Akbayan)

PAT Ordinance of Quezon City pending Approval by Mayor Belmonte

September 8, 2009 Leave a comment

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.

  1. 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”.

  1. 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:

  1. 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.
  1. 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.

,

  1. 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.
  1. 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.

  1. Civic Organizations. Those engage in philanthropic and humanitarian programs and services.
  1. Professional organizations. Organizations whose members belong to the practice of professional services such as lawyers, doctors, engineers, teachers, media workers and practitioners, academic persons.
  1. 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.
  1. 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.
  1. Vulnerable and marginalized groups – are those facing higher exposure to poverty, hunger, political, economic and cultural exclusion.
  1. 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.
  1. Local Special Bodies. Other bodies created by the national and local laws, including task forces and committees.
  1. 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.

  1. 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.

  1. 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.
  1. 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.
  1. 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).
  1. 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.
  1. 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).
  1. 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:

  1. Internally, vote on matters properly referred or endorsed for action.
  2. 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.
  3. Observe, participate and/or act as resource persons in public hearings, consultations.
  4. 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.
  5. Observe, participate and submit recommendations in the implementation, monitoring and evaluation of city government’s programs and projects.
  6. 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:

  1. Duly accomplished application form;
  2. 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;
  3. Duly Certified Photo copies of Certificate of Registration issued by government agencies concerned;
  4. 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;
  5. Annual Accomplishment Report/List of projects and activities undertaken;
  6. Financial Statement;
  7. 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;
  8. 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;
  9. 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.

Submitted By:

JORGE B. BANAL, JR.

Councilor, 3rd District

LUMABAN KA: A new alliance for urban poor’s struggle for socio-economic rights and political empowerment

July 30, 2007 Comments off

LUMABAN KA (To Fight) or Lakas at Ugnayan ng mga Maralita Laban sa Kahirapan (Strength and Unity of the Poor Against Poverty) is an alliance of various urban poor associations that is currently preparing for its launching congress on December 2007, in time for the Urban Poor Week commemoration. Read more…

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Organized urban poor gears for Barangay Posts on October

July 30, 2007 Comments off

The barangay election is set on October 29,  2007, will be a major arena for the organized sectors for engagement. Through the electoral process at the village level, there is a big opportunity to advance the development agenda and issues of the urban poor once progressive community leaders are put in power as punong barangays and barangay kagawads. Read more…

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IPG conducts BOC Trainers’ Training

June 13, 2007 Comments off

The Institute of Politics and Governance will conduct Educators’ Training on Basic Orientation Course on Participatory Urban Governance on June 26 – 28, 2007 at Ciudad Cristhia Resort, San Mateo, Rizal. The objective of the said activity is to discuss and level off on the urban governance framework with partner organizations in implementing participatory urban governance.This activity is part of the capacity building component of the project Bayanihan sa Kalunsuran: Shaping Good Governance through Collective Action.

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