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S.B. No
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Introduced by Senator Loren Legarda

EXPLANATORY NOTE

This bill seeks to provide the enabling law for the implementation of the
provision on local sectoral representation as provided for under Republic Act, No. 7160
otherwise knows as the “Local Government Code of 1991”.

The Constitution encourages non-governmental, community-based or sectoral

organizations that promote the welfare of the nation (Article 11, Section 23). It also
respects 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. Consistent with these State
policies, Article X, Section 9 provides that legislative bodies of local governments shall
have sectoral representation as may be prescribed by law, which essentially provides a
venue for community-based organizations to participate in formal local governance
processes.

Local sectoral representation is an important step towards advancing the

decentralization in the Philippines. Decentralization, among others, seeks to bring the
government closer to the people, make it more responsive to local needs, and harness
the participation of grassroots communities in public policymaking. Participation of
local sectoral groups in the local legislative bodies will help ensure that the interests of
the marginalized sectors are articulated and allow them to contribute in making
decisions that directly affect their social, political and economic concerns.

Section 41, Par. C ’ o f R.A. No. 7160 sought to pursue the Constitutional
provisions on local sectoral representation. However, fifteen’years since R.A. No. 7160s
enactment, this important provision remains unimplemented because it requires an
enabling law for the same to be implemented. This bill addresses the need for an
enabling law to allow brohder representation and participation of community-based
and people’s organizations in local governance.

In view of the foregoing, the immediate passage of this bill is sought

Senator
FOURTEENTH CONGRESS OF THE 1
REPUBLIC OF THE PHILIl'PINES )
FIRST REGULAR SESSION )

SENATE

S.B. No. 2

Introduced by Senator Loren Legarda

AN ACT
PROVIDING FOR THE MANNER AND DATE OF ELECTION OF SECTORAL
REPRESENTATIVESTO THE LOCALS SANGGUNIANS

Be i f enncted by the Senate and fke House of Representntive of the Philippines in

Congress nssernbled:

SECTION. 1. Declaration of Policy. - It is the policy of the State to uphold the

right of the people and their organizations to effective and reasonable participation at
all levels of social, political and economic decisions making.

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SECTION. 2. Definitions of terms. As used in this Act:

(a) Workers refer to industrial workers or peasants;

(b) Sectoral Organizations refers to a group of citizens or coalitions of group of
citizen who share similar physical attributes or characteristics, profession,
employment, interests or concern; and
(c) Commission refers to the Commission on Elections.

SECTION. 3. Election of Sectoral Representatives. - There shall be three (3)

sectoral representatives in the Sangguniang Bayan, Sangguniang Panlungsod and
Sangguniang Panlalawigan who shall be elected pursuant to this Act: one (1)from the
women sector, one (1)from the workers, and one (1)from any of the following sectors:
the urban poor, indigenous cultural communities, disabled persons, or any other sector
as may be determined by the Sangguniang Bayan or Sangguniang Panlungsod
concerned within ninety (90) days prior to the holding of the next local elections. As
part of their requirements in the filing of candidacy, said representatives have to submit
certification that they belong to a bonafide sector organization. For this purpose sector
organization it defined as any organization with a membership of not less than 50
registered voters from the urban poor, indigenous cultural communities,: disabled
persons or any other sector.

SECTION. 4. Date of Election. - The first election for the sectoral representatives
in the Sangguniang Bayan and Sangguniang Panlungsod shall be held simultaneously
with the local elections on the second Monday of May 2010, thirty (30) days thereafter,
the first election for the sectoral representatives in the Sangguniang Panlalawigan shall
be held.

The succeeding elections for the sectoral representatives in the Sangguniang

Bayan and Sangguniang Panlungsod shall be held simultaneously with the local
elections. Thirty (30) days thereafter, the succeeding elections for sectoral
representatives in the Sangguniang Panlalawigan shall be held.

SECTION. 5. Registration of Sectoral Organization. - Any sector organization

with a membership of not less than fifty (50) registered voter may file with the
Commission a petition verified by its President or Secretary stating its desire to
participate in the election of sectoral representatives, attaching thereto its constitution,
by-laws, program of government, list of officers, certificate or accreditation by a
government agency, if any and other relevant information as the Commission may
require.

The Commission shall post the petition in the office of the election officer and in
the bulletin board of each city or municipal hall.

The Commission shall, after due notice and hearing, resolve the petition within
fifteen (15) days from the date it was submitted for the decision but in no case not later
than one hundred eighty (180) days before election.

The Municipal or city chapters of registered provincial, regional or nationwide

sectoral organizations shall be deemed registered provided, that, the local chapters shall
notify and submit a proof of chapter affiliation and registration of such provincial,
regional or nationwide sectoral organization to the City or Municipal Election Officer.

SECTION. 6. Manifestation to Participation in the Election. - Any registered

sectoral organization may file with the Commission, not later than ninety (90) days
before every election, a manifestation of its desire to participate in the election.

SECTION. 7. Removal or Cancellation of Registration. - The Commission may

motu propio or upon verified complaint of any interested party, remove or cancel, after
due notice and hearing, the registration of any sectoral organization on any of the
following grounds:

(a) It is a religious sect or denomination, organization or association organized

for religious purposes;
(b) It advocates violence or unlawful means to seek it goals;
(c) It is a foreign organization;
(d) It is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers or
members or indirectly through any of its officers or members or indirectly
through third parties for partisan election purposes;
(e) It violates or fails to comply with law, rules and regulations relating to
elections;
(f) It declares untruthful statements in its petition; or
(g) It has ceased to exist for at least one (1)year.

SECTION. 8. Certified List of Certified Registered Sectoral Organization - The

Commission shall, not later than sixty (60) days before an election, prepare a certified
list of sectoral organization which have manifested their desire to participate in the
election sectoral representatives in the local Sanggunian and distribute copies thereof to
all precincts for posting in the polling places on election day.

SECTION. 9. Nomination of an Official Sectoral Representative -

Each
registered Sectoral organization shall be entitled to nominate only candidate for a city
or municipality; provided, that, the sectoral organization concerned is registered with
the Commission one hundred eighty (180) days before the day of election except for the
purpose of the May 2004 elections.

SECTION. 10. Qualifications - No person may be elected as sectoral

representative unless he is:

(a) A citizen of the Philippines;

(b) A registered voter in the city or municipality where he intends to be elected;
(c) A resident therein for at least one (1) year immediately preceding the day of
the election;
(d) Able to read and write Filipino or any other local language or dialect;
(e) At least twenty-three (23) years of age on election day in the case of sectoral
representative in the Sangguniang Panlalawigan or Sangguniang
Panlungsod; eighteen (18) years of age in the case of Sangguniang bqyan; and
(f) A member of a registered sectoral organization.

SECTION. 11. Disqualifications. - The following are disqualified as a candidate

for sectoral representative;

(a) Those sentenced by final judgment for an offense involving moral turpitude
or for an offense punishable by one (1) year or more imprisonment, within
two (2) years after serving sentence;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating oath of allegiance to the
Republic of the Philippines;
(d) Those with dual allegiance;
(e) Fugitives from justice in a criminal or non political case here or abroad;
(f) Permanent resident in a foreign country or those who have acquired the right
to reside abroad and continue to avail of said right after January 1,1992; or
(g) Insane persons declared as such by a competent authority unless
subsequently declare by competent authority such person is no longer insane.

SECTION. 12. Certificate of Candidacy. - In addition to section 73 of the

Omnibus Election Code, no certificate of candidacy shall be accepted or giver due
course without a certificate of nomination.

SECTION. 13. Filing of Certificate of Candidacy. - The certificate of candidacy

for sectoral representative shall be filled with the City or Municipal Election Officer not
Iater than sixty (60) days before the day of election by the head of the sectoral
organization or by the nominance or by their duly authorized representatives.

SECTION. 14. Substitute of Candidate in case of Death Disqualification or

Withdrawal. - If, after the last day for filing of certificates of candidacy, a candidate
dies withdraw or is disqualified for any cause, only a person belonging to, and certified
by the same sectoral candidate who died, withdrew or was disqualified. The certificate
of candidacy for the office affected may be filed in accordance with the preceding
section not later than midnight of the day of election.

SECTION. 15. Disqualification Case. -Petitions for disqualification of

candidates shall be filed not later than seven 97) days from the last day of filling for
certificates of candidacy. The courts shall give priority to cases of disqualification of
candidates for sectoral representatives by reason of violation of Section 68 of the
Omnibus Election Code. As amended, and Section 11 of this Act, to the end that final
judgment shall rendered not later than ten (10) days before the day of election.

SECTION. 16. Manner of Voting. - Every voter is entitled to one vote for a
candidate of only one sector he wants represented in the Sangguniang Bayan o
Sangguniang Panlungsod.

The duly elected sectoral representative in the Sangguniang Bayan or

Sangguniang Panlungsod within the province, except those from the Sangguniang
Panlungsod of independent component cities and highly - . urbanized cities, shall elect
from among themselves their sectoral representatives in the Sangguniang
Panlalawigan. Provided, that, the third sector, though varying in different cities or
municinalities.,, shall constitute one sector likewise electing from among themselves the
third sector representative to the Sanguniang Panlalawigan. Provided, further, that the
election of sectoral representatives to the Sangguniang Panlalawigan shall be conducted
under the supervision of the department of Interior and Local Government (DILG).

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SECTION. 17. Vacamy. If a permanent vacancy occurs in the seats reserved for
sectoral representatives in the Sangguniang Bayan and Sangguniang Panlungsod, the
Sangguniang concerned shall notify not later than seven (7) days the existence of such
vacancy. Thereafter, the local chief executive shall, not later than fifteen (15) days from
said certification, appoint a qualified person nominated by the winning sectoral
organization to fill the vacancy.

If a vacancy occurs in the Sangguniang Panlalawigan, an election shall be held in

the manner prescribed in the preceding section seven (7) days after the assumption to
the office of the appointed sectoral representative in the local sanggunian concerned.

The appointed sectoral representativ’e in the Sangguniang bayan and

Sangguniang Panlungsod and the newly elected sectoral representative in the
Sangguniang Panlalawigan shall serve only the unexpired term of their predecessors

SECTION. 18. Term of Office. - The term of office of sectoral representatives

shall be co-extensive with the term of the regularly elected members of their tespective
sanggunians.

SECTION. 19. Designation of Other Dates for Certain Pre-Election Acts. - if it

shall no longer be reasonably possible to observe the periods and dates prescribed by
law for certain pre-election acts, the Commission shall fix other periods and dates in
order to ensure the accomplishment of election activities so voters shall not be deprived
of their right to suffrage.

SECTION. 20. Applicability. - The pertinent of Republic Act No. 7160. Also
known. as the Local Government Code of 1991 and Batas Pambansa Blg. 881 as
amended, also known as the Omnibus Election Code, and other elections laws
consistent herewith, shall apply.

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SECTION. 21. Rules and Regulations. The Commission shall. Within fifteen
(15) days after the effectivity of this Act, promulgate rules and regulations necessary to
carry out the purpose of this Act and shall consult its accredited citizens’ arms and
registered sectoral organizations for this purpose.
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SECTlON. 22. Separability Clause. If any provision of this Act is held invalid
or unconstitutional, the remainder of the Act or the provision not otherwise affected
shall remain valid and subsisting.

SECTION. 23. Repealing Clause. - Any laws, presidential decree or issuance,

executive order, letter of instruction, administrative rule or regulation contrary to
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

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SECTION. 24. Effectivity Clause. This->Actshall take effect fifteen (15) days
after its publication in at least two newspapers of general circulation.

APPROVED,