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BAYANIHAN SA PAMAYANAN AWARDS: Search for Exemplary Practices in Participatory Governance

October 12, 2009 Leave a comment

The Center for Popular Empowerment (CPE) , in partnership with Ateneo School of Government (ASoG), La Salle Institute of Governance (LSIG), University of the Philippines College of Public Administration and Governance (UP-NCPAG), Active Citizenship Foundation (ACF), Barangay Bayan Governance Consortium (BBGC), and Friedrich Ebert Stiftung (FES) announces its call for nomination for Barangays and Civil Society Organizations (CSOs) who are worthy of citation in promoting and practicing participatory good governance in Greater National Capital Region area. Awarding Ceremonies will be on November 27, 2009.

Overview

In a political system that has been dominated by elite traditional politics, governance has been almost been synonymous to patronage, where public goods and services are dispensed not as a matter of public duty but as a favor by a patron to his/her dependents. The business of local governments had been divorced from the quest for public good and has been hijacked to serve the political perpetration of those holding the helm of power. In a political setting like this, poverty, which breeds dependence, becomes a weapon to be used by those in government positions rather than a problem to be addressed in the pursuit of genuine popular development.

A host of reforms in local governance have been introduced in 1991 with the passage of the Local Government Code (RA 7160). The LGC sought to decentralize powers and functions from the national governments to the local government units. One of the major reforms introduced by the law was the recognition of the importance and the critical role of civil society in governance by establishing mechanisms and processes for popular participation.

Almost two decades after the enactment of the Code, the reforms that it has envisioned and mandated remains to be fully implemented and realized. Most of the traditional politicians holding local elective positions, at best, merely paid lips service to participatory governance while others have found ways to go around the provisions of the law.

There are, however, progressive local government officials, who not only abide with the provisions of the law, but in fact breathed life into the concepts and principles of participatory governance. These are the men and women who broke off from the traditional mold of governance and braved the untested waters of participatory governance. These are the local governments that used innovation, creativity and imagination in exercising popular participation and made it work for them.

Bayanihan sa Pamayanan Awards  seeks to recognize beacons of participatory governance. Through these examples, Gawad Bayanihan aims to  showcase that participatory governance practices are not empty concepts but are, in fact, workable, practical and effective.

Bayanihan sa Pamayanan Awards  salutes partnerships between people and their local governments. It celebrates the breaking down of barriers between the government and its constituents – barriers that prevent local governments from reaching out to community stakeholders in addressing their needs, interests and welfare, barriers that blocks community folks from taking part in the development of projects and programs that their local government implements on their behalf. Gawad Bayanihan bears witness to the exemplary initiatives that prove that people and government working as partners is an effective, efficient and liberative way of governance.

The Award Criteria

a. Innovativeness. Gawad Bayanihan seeks to recognize governance practices that displays creativity, and adaptability that has significant impact on its target communities.

  • New means / ways in doing traditional programs and projects
  • Trailblazing / pioneering work in new areas of governance
  • Introduction of new ways of partnership between local government, civil society and the community

b. Replicability. The initiative although, unique and trailblazing, may be replicated in other areas of similar situation and context.

  • Uses resources that are commonly available in different localities.
  • Responds to situations that is common across local government units.
  • Is not heavily dependent on outside resources that not not usually at the disposal of other local government units.

c. Sustainability. The participatory governance initiative may be maintained, expanded and further developed.

  • Makes optimum use of local resources that is readily available in the community.
  • Creates a sense of ownership among the stakeholders in the project so that they are willing to maintain the project beyond the project time period.
  • Mobilizes the resources of the people and civil society organizations and other stakeholders within the community

d. Transformative. The initiative has transformed power relations at the community level. The project impacts on the terms of reference between the local government and the community.

  • Elevates the target community and their organizations from being mere beneficiaries to stakeholders or co-owners of the project/program
  • Institutionalizes consultative, co-production and resource sharing mechanisms in program planning, implementation, monitoring and evaluation
  • Transforms the role of the local government from being a benefactor to being a facilitator of goods, services and programs that responds to the needs and welfare of the target community
  • Develops a sense of accountability within the local government to the target community
  • Lessens the dependence of the community to outside interventions and increases their self-reliance
  • Has an impact on the distribution of control and ownership of essential resources / opportunities

Eligibility

Governance initiatives with the following characteristics are eligible for the awards:

(a)    Programs and projects that were initiated by the local government which gives meaningful and significant participation of civil society organizations and the target communities;

(b)   Civil society-initiated programs and projects that involved the processes and institutions within the local government that involved partnerships in the development and implementation of local government programs/projects.

(c)    Initiatives that were jointly initiated by the local government and its civil society partners in implementing local government programs, projects and services.

Selection Process

1. Submission of nominations (October 12-31, 2009)

Individuals/Organizations may fill up the nomination forms that will be provided and submit their nomination to the Bayanihan sa Pamayanan Awards  Secretariat.

2. Level I / Eligibility Screening (November 1-8)

The Bayanihan sa Pamayanan Awards  Steering Committee will review all nominations in terms of adherence to the eligibility criteria. The Steering Committee shall likewise make recommendations for all nominations that will be submitted to the Level II screening.

3. Level II Screening /Short-listing (November 1-8)

The Screening Committee shall review all eligible nominations together with the recommendations of the Steering Committee. They shall identify a shortlist of nominations that will be recommended for site validation and further documentation.

Site Validation / Interviews (November 9-18)

Teams composed of representatives from the Steering Committee and Selection Committee will conduct area visits to validate the claims submitted in the nominations. They shall also conduct panel interviews to address the questions and concerns raised on the nominees during the previous screening levels.

The Selection Committee will review the reports and recommendations of the area validation teams and shall select the awardees for the different categories.

email: bayanihansapamayanan@gmail.com

Community Score Cards (CSC): A Tool for Social Accountabililty to be Tested in Bulacan, Caloocan, Pasay and Quezon City

September 28, 2009 Leave a comment

IMG_1362Citizens engagement should be promoted in all fronts. It is our right to take part in decision-making process, planning, implementation, monitoring and evaluation of government policies, programs and services. People have the right to a transparent, accountable and participative governance, both at the national and local level.

Accountability in governance  can be defined as the obligation of power holders to account for or take responsibility for their actions. “Power holders” are those who hold political, financial, or other forms of power, including officials in government, private corporations, international financial institutions and civil society organizations.

Social accountability is a “an approach towards building accountability that relies on civic engagement, i.e. in which ordinary citizens and/or civil society organizations participate directly or indirectly in exacting accountability.”  it also “refers to the broad range of actions and mechanisms (beyond voting) that citizens can use to help government be more effective and accountable, as well as actions on the part of government, civil society, media and other societal actors that promote or facilitate these efforts”

Furthermore, social accountability is a process of constructive engagement between citizen groups and government , a means to check and monitor the conduct and performance of public officials in their use of public resources  ; and a mechanism towards delivering better services, improving people’s welfare, and protecting people’s rights.

One approach to promote social accountability is through the development of Community Score Cards (CSC). In a training conducted by CPE for 40 community leaders in Quezon City, Caloocan City, City of San Jose del Monte and Pasay City (thanks to FES for supporting the activity), Ms. Corrine Canlas enlightened the group on the concepts and practice of CSC. (CPE  will publish a manual on CSC within October 2009 as a result of the workshop-training held).

According to Ms. Canlas, CSC  is ¨a  tool to generate “demand-side” information to enhance social accountability. It can also raise awareness and promote local-level mobilization and organization. Also, it can  produce meaningful information and analysis which can be understood by all stakeholders and go beyond mere protest to evidence-based dialogues.

The main objective of the CSC  is to influence the quality, efficiency and accountability of public services provided at the local level.

CSC can also be a follow-up or a continuing  activity for Barangay Development Planning through Participatory Learning and Action (BDP-PLA).

Based on experience, CSC can produce the following outcomes:

  • Downward accountability of service providers
  • Empowerment of local service users
  • Enhanced transparency
  • Enhanced sensitivity of service users to providers’ constraints
  • Evidence of service performance  and
  • Agreements on local reforms

Pilot testing of CSC as a social accountability mechanism for planning, monitoring and evaluation will be tested in Barangay 91 Pasay City; Barangay Graceville, City of San Jose del Monte, Bulacan; in Barangay Pasong Putik Proper, Quezon City; and in Barangay 176 (Bagong Silang), Caloocan  City.

CPE Supports Quezon City Voters Information Campaign: Ibangon ang Dangal ng Halalan

September 9, 2009 Leave a comment

CPE takes part in the education campaign on cleansing the voters’ list, registration and automated voting. The project is a partnership between the Quezon City Government, COMELEC, Department of Interior and Local Government and and Institute for Political and Electoral Reforms (IPER).  A Memorandum of Understanding was signed by the parties on August 8, 2009.

Basic sectors, especially the poor, have to be enlightened on the importance of voting, particularly this coming 2010 elections.  The upcoming election is an arena wherein the poor has to exercise its power in putting pro-people and reform oriented public officials, both at the national and local level that may open up and widens spaces for people  empowerment process and development both at the national and local level. Good governance will start in having a clean and honest election– a dream that Filipinos have been dreaming for since a long time ago.

By cleansing the voters list, there can be an initial step in having a clean election. People should also be encoraged and motivated to register before October 31, 2009.  The people should also be enlightened on how the voting process will be done through an automated system.  Using computers for the first time in voting and counting brings fear to most people. Fear can be lessened if people are aware of how it is going to be used.

The following is a concept paper prepared by Ms. Etta Rosales of IPER, that explains the concept of the project. By the way, this is the first time that a community-based education campaign is done , especially through partnership between COMELEC, LGU and Civil society organizations.  The schedule and venue of the education sessions are also included. Let us support the voters education campaign.

—————–

BIGYAN NG DANGAL ANG HALALAN

MAGREHISTRO,  BUMOTO,  MAKIALAM!

QC INFORMATION AND EDUCATION CAMPAIGN (IEC)

The Q.C. IEC Campaign is a Voter Education Campaign that is being undertaken through a Memorandum of Understanding by the following stakeholders:  COMELEC, Q.C. Government, DILG and IPER (Institute for Political and Electoral Reform).  The MOU was signed when the Voter Education Campaign was launched last 8 August 2009.

OBJECTIVE AND CAMPAIGN TARGETS

The objective of the campaign is to prepare the Q.C. electorate and government for the coming 2010 elections with the following targets:

  • Ø Give dignity and integrity to the entire electoral process.
  • Ø Empower the electorate (through their organizations and their schools) to participate actively in the electoral process from the time of cleansing of the voters’ list, to registering as a voter, to making independent and informed choices on Election Day.
  • Ø Empower the BARANGAYS through their Education Committees and their Secretaries to help cleanse the Voters’ List by submitting an updated profile of their residents and the qualified voters.
  • Ø Work out full cooperation and coordination of work by the instruments of the City Government: i.e.,

ð Barangay Operations Center (BOC)

ð Liga ng mga Barangay (Q.C. Chapter)

ð SK Federation (Q.C. Chapter)

ð City Civil Registry Office

ð City Health Department

ð Community Relations Office (CRO)

ð Division of City Schools

ð With members of civil society and the school communities.

  • Ø Thus, we undertake the CRV Approach (Cleanse, Register and Vote) in order to ensure that the true votes of the electorate are counted through a cleansed and credible registered voters’ list.
  • Ø We wage information and education through a sweeping campaign that covers all the 142 barangays within twenty four areas of the four districts of Quezon City.

CAMPAIGN  PERIOD AND APPROACH

  • Period: The Campaign period will last the entire month of September, from the first week – September 3 & 4 – to the last week – 24 & 25 September.
  • Sessions: There will be eight IEC Sessions all in all.  These eight sessions shall be divided into the four districts of Quezon City, with each district enjoying two IEC sessions.  Every Session in turn covers three areas.  Since each district shall have two IEC Sessions, these two sessions shall cover a total of six areas.  All six areas shall include the total number of barangays of the particular district.
  • Number of Participants: There will be 375 participants in each session with a total of 3,000 participants covered for the entire September Campaign.  The participants shall be divided into the following categories:
  • 100  = Barangay Captains, Education Committee Chairs and Barangay Secretaries. –  c/o BOC & Liga ng mga Barangay
  • 100 =  Civil society and community organizations – c/o CRO
  • 100 =  NGOs, IPER, First Time Voters/SKs – c/o IPER/CPE Netw.
  • 075 =  School Principals, Teachers and Students
  • Schedule of Activities:

District

Areas Covered

Date/Time

Venue

Expected No. of Participants

I

1, 2 & 3 Sept. 03, 2009

8:00 am-4:00 pm

Bagong Pag-asa Covered Court

Rd. 9 Bgy. Bagong Pag-asa, Q.C.

375

I

4, 5 & 6 Sept. 17, 2009

8:00 am-4:00 pm

Sta. Teresita Covered Court,

Mayon cor. Dapitan Sts.,Bgy. Sta. Teresita, Q.C.

375

II

7, 8 &9 Sept. 04, 2009

8:00 am-4:00 pm

Holy Spirit Covered Court, Faustino St. (near Bgy. Hall), Bgy. Holy Spirit, Q.C. 375

II

10, 11 & 12 Sept. 18, 2009

8:00 am-4:00 pm

Sta. Monica Covered Court, Moises St. (near Novaliches District Center, Bgy. Sta. Monica, Q.C. 375

III

13, 14 & 15 Sept. 10, 2009

8:00 am-4:00 pm

Quirino 2-B Covered Court Langka St. Bgy. Quirino 2-B, Q.C. 375

III

16, 17 & 18 Sept. 24, 2009

8:00 am-4:00 pm

BAgumbuhay  Covered Court

Malvar St., Bgy. Bagumbuhay , Q.C.

375

IV

19, 20 & 21 Sept. 11, 2009

8:00am-4:00pm

Bernardo Park Covered Court,

Barangay  Pinagkaisahan, Q.C.

375

IV

22, 23 & 24 Sept. 25, 2009

8:00am-4:00 pm

Pinyahan Covered Court,

along Malakas St., Bgy. Pinyahan, Q.C.

375

Schedule of Activities Prepared by the BOC

Finalized and Approved by the Q.C. IEC Steering Committee

Aug. 27, 2009

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)

Participation, Accountability and Transparency (PAT) Ordinance of Quezon City Passed by City Council

September 8, 2009 Leave a comment

The Quezon City Council passed on third and final reading on July 20, 2009, PO 2008-111 entitled AN ORDINANCE STRENGTHENING AND INSTITUTIONALIZING THE SYSTEM OF PARTNERSHIP IN LOCAL GOVERNANCE BETWEEN THE QUEZON CITY GOVERNMENT AND THE PEOPLE OF QUEZON CITY.

The ordinance was filed by Quezon City District 3 Councilor Jorge “Bolet” Banal, Jr., and was pushed by Task Force PAT, a network of more than 200 organizations in Quezon City. CPE acts as the convener of the task force.

The measure which is also called PAT Ordinance of Quezon City, aims to establish the People’s Council of Quezon City (PCQC) which will serve as the self regulating umbrella organization of all accredited Civil Society Organizations and business/private organizations in the City. The PCQC will have a mechanism in selecting CSO/Private sector participation in the city development council, other local special bodies, task forces, and legislative committees.  It aims to promote transparency in governance, accountability through effective allocation of resources and implementation of basic services through active people’s participation.

The ordinance is now awaiting the approval of  Mayor Sonny Belmonte, also a promoter of good governance who brought the city back to life, to make the ordinance operational.

The ordinance was also advocated by the Council of Sectoral Representatives (CSR), the 50 NGO-PO Representatives to the City Development Council. It was claimed by CSR as one of its major accomplishments by institutionalizing people’s participation in city governance. La Salle Institute of Governance, through Mr. Mon Padilla also took active participation in the task force.

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Press Release / Letters to the Editor

The Editor

Philippine Daily Inquirer

July 30, 2009

The piece by Dr. Brillantes entitled, “Local Governance: Reform Stalled by Politics”, succinctly discusses the many obstructions that hinder effective local governance.  Many local governments, for instance, are still adjusting and undoubtedly struggling with the costs of the various social service functions devolved to them by law.  The spectrum of national-level directives ordering the implementation of nationally designed programs and interventions, without accompanying financial support, only further strains the economic resources of local governments.  These issues, of course, may be remedied through the reform of relevant the statutes.  The current mode of dividing the Internal Revenue Allotment of local governments, for instance, may be made more just and equitable.  As Dr. Brillantes points out however, partisan politics have gotten in the way of reform measures such as this.

Despite the hurdles of present statutes and political partisanship, Dr. Brillantes also underscores the fact that several local administrations have still managed to excel through creative interventions.  Some local governments, for instance, have improved their fiscal situation through improved revenue generation.  Others have enhanced the relevance of their service delivery programs through extensive community consultations.

Just recently, the Quezon City Council passed an ordinance creating the People’s Council of Quezon City.  The principal author of the ordinance, Councilor Jorge “Bolet” Banal, Jr., inspired by the Naga City People’s Council, envisions the People’s Council of Quezon City as the primary mechanism through which the citizens of Quezon City may help ensure that local governance can progressively become more participatory, accountable and transparent.  The People’s Council of Quezon City, for instance, will facilitate the participation of NGOs, people’s organizations, church groups, and business associations in local policy formulation processes, thus enhancing the overall responsiveness of the city government.  The People’s Council can also serve as the means through which local citizens may hold their local representatives accountable.

That Quezon City has progressed and developed under the leadership of Mayor Feliciano “SB” Belmonte, Jr. is unquestionable.  Sound fiscal administration and strategic development planning has produced a vibrant, diverse, and progressive city.  The People’s Council of Quezon City, as passed by the Sangguniang Panglungsod of Quezon City, may be seen as precisely the type of innovation necessary to overstep the present weaknesses of prevailing national statutes.  Equally concrete, the People’s Council of Quezon City, once approved by the mayor, may be what is necessary to safeguard what Quezon City has already gained through the Belmonte Administration.

Ed Chavez, Convenor

Task Force PAT of Quezon City

25-B Matiyaga St., Bgy. Pinyahan, Quezon City

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It’s time to promote ‘PAT’ in Quezon City now

Philippine Daily Inquirer
First Posted 01:50:00 08/11/2009

Filed Under: Local authorities, Governance, Legislation

With the people of this country craving for good governance both at the national and local levels, there is a proposed ordinance in Quezon City, which seeks to promote people’s participation, accountability and transparency (PAT) in local governance.

Inspired by the experience of the Naga City People’s Council, Councilor Bolet Banal filed in August last year an ordinance that would create the People’s Council of Quezon City. The ordinance will also allow other task forces, councils and special bodies, including legislative committees, to be represented in the council (wherein civil society and the private sector are already represented). Through the People’s Council, the people will have the opportunity to exercise their right to public information and to participate in the social and political decision-making processes.

The ordinance, once passed and approved, will be a true people’s ordinance because it has gone through a series of public consultations—conducted in the communities—during which inputs from various sectors were considered as part of the process of improving the ordinance.

The ordinance is now being readied for second reading, to which it was reverted for content-enhancement. Task Force PAT and the Council of Sectoral Representatives humbly ask our city councilors and Mayor Feliciano Belmonte Jr. to pass and approve the measure. We would like to ensure that the city’s ability to deliver services, which has improved under the current administration of Mayor Belmonte and Vice Mayor Herbert Bautista, will undergo more improvements, with the people participating in the identification of programs and allocation of the city budget. The measure, once approved, will also safeguard that whatever the Belmonte administration has built will be sustained. It will be another landmark ordinance and a legacy of the current set of city officials to the people of Quezon City.

Through the PAT ordinance, the people will become active partners in the governance of the city’s affairs, by promoting accountability and transparency. This will lead to a more effective delivery of basic services, the basic characteristics of good governance. If we can’t make it happen immediately at the national level, we can start at the local level. From Naga City to Quezon City, this ordinance will make possible the making of completely a Quality City.

—ED CHAVEZ,
convenor, Task Force PAT,
executive director, Center for Popular Empowerment (CPE),
vice chair-internal, Council of Sectoral Representatives to the
City Development Council,
25-B Matiyaga St. Barangay Pinyahan, Quezon City

Bayanihan sa Kaunlaran sa CSJDM, Bulacan:Barangay Development Planning through Participatory Learning and Action

September 8, 2009 Leave a comment

Mayor Rey San Pedro of City of San Jose del Monte, Bulacan commends the BDP-PLA process and wants it to be replicated in 58 barangays of the city.

Mayor Rey San Pedro of City of San Jose del Monte, Bulacan commends the BDP-PLA process and wants it to be replicated in 58 barangays of the city.

The Center for Popular Empowerment, together with the Sangguniang Barangay of Graceville and the local chapter of Akbayan! Citizens’ Action Party in the City of San Jose del Monte, Bulacan, conduct BDP-PLA which will facilitate the formulation of the 5 years comprehensive and multi-sectoral development program of Barangay Graceville. It will start on August 27-30, 2009.  CPE acts as the capacity building partner and facilitator for the BDP-PLA process.

Punong Barangay Len Garcia, who is also a member of Akbayan, initiates a participatory process in development planning. “ We should involve people in identifying priority programs that will be funded by the local development fund.  It is only through people’s participation that genuine development will be achieved, “ said the multi-awarded Punong Barangay.

The planning process will be participated in by not less than 50 community members, wherein issues , vision, goals and objectives, as well as projects, programs and activities will be slated for the barangay. The community will plan for the economic,

Unlike before, where annual investment plans are focused only on infrastructure projects, the BDP-PLA process will address and promote holistic and sustainable approach to local development. It will have an integrated and comprehensive plan on economic, environmental, physical/land use, social and institutional development sectors,” said Ed Chavez, Executive Director of CPE. He also added that the process to be done will be aligned with the Rationalized Local Planning System (RLPS)—the planning process being encouraged by the DILG, DBM and NEDA through the Joint Memorandum Circular (JMC) that facilitates a simpler but participatory and rationalized process of local development planning in the country.

Akbayan Citizens Action Party also took part in the process because according to their local party leaders, participatory local planning and budgeting is part of their vision in pursuing participatory democracy. Gerry Bautista, local Chair of Akbayan in the city said that in progressive countries being ran by progressive political parties, participatory budget process helps in building  alternatives and institutionalizing people’s participation in the development process.

The process can also facilitate the process of empowering citizenry because it will give them opportunities that may increase their self confidence in engaging the state by airing their views and ideas on how to pursue development and change in their situation

Participatory Local Development Planning in Mindanao for Peace and Development BDP-PLA in Zamboang Sibugay

September 8, 2009 Leave a comment

140px-Ph_seal_zamboanga_sibugayPoverty remains to be major problem being experienced in the 16 municipalities of the province.  In 2003, Zamboanga Sibugay, still part of Zamboanga del Sur, was one of the 10 poorest provinces in the country. There are now 76 provinces in the Philippines.  Currently, the province is listed as still part of the 10 poorest provinces. The situation did not improve overtime because the province is still listed as one of the food poorest provinces. Even in terms of education, the province’s Net Enrolment Ratio went down drastically,  having the largest decrease in 2006 at 12.1%.  Poverty threshold also  increased from

Php9,580  in 2003 to Php12,188 in 2006.

One major intervention to address the problem of poverty and delivery of services was for all the local government units to have a clear development plan. Priority programs were identified –from the barangay level, up to municipal and provincial. In 2008, the provincial administration, in partnership with the Center for Popular Empowerment (CPE), embarked on building the capacities of local governments and civil society organizations by formulating participatory barangay development planning and budgeting. This endeavour covered 150 barangays as pilot projects, out of the total 389 barangays in the province in 8 out of 16 municipalities.

However, amidst the inflow of various funds from donor agencies , local planning system in the province, as well as all of the municipalities, has been generally weak,.  There is a lack of both horizontal linkages among sectoral concerns and vertical linkages (barangay to munic

ipalities, municipalities to barangay and vice versa).  Plan-to-budget linkage was also found wanting.. To compound problems even more, the supposed body mandated by law to formulate comprehensive plans and integrate them—the local development councils—are mostly inactive. These factors lead to inefficient and ineffective delivery of basic services and allocation of local government resources.

Zamboanga Sibugay has 16 municipalities and 389 barangays.. These municipalities are Ipil, Kabasalan, Naga, R.T. Lim, Siay, Titay, Tungawan, Alicia, Buug, Diplahan, Imelda, Mabuhay, Malangas, Olutanga, Payao and Talusan. The whole province has a total of 101,131 households. There are 38,868 families categorized as poor families, according to 2006 survey of the National Statistics and Coordination Board. The province is home to diverse ethnic communities:  Tausug, Subanen, Maguindanao, Samal, Kalibugan, Maranao and Yakan.

DSC00325

As to income levels, Zamboanga Sibugay is classified as third-class province. Among the sixteen (16) municipalities, one (1) is classified as second-class municipality, one (1) as second-class municipality, nine (9) are classified as fourth-class municipalities, and five (5) municipalities are classified as fifth class.

The partnership was established when Mr. Jet Hofer sought the assistance of CPE early 2009. A team was organized to

assist in the implementation of participatory local development planning and budgeting in 60 barangays in the province of Zamboanga Sibugay. The project head is Mr. Gromeo Bilugan, a veteran and trained BDP-PLA facilitator.

A pledging session is being prepared for October 2009. The pledging session is expected to bring in support and pledges from different agencies and institutions for the development programs of the pilot barangays.

The participatory local development planning in the province is a step towards realizing an accountable and responsive type of local governance. Being a province where traditional politics have reigned for decades, the process of people identifying themselves priority development programs is a welcome development in allocating budget and prioritizing projects by local governments. It also helps in the process of building empowered citizenry wherein people are being drawn in to participate in local decision-making process and analyzing their situation.