AN ORDINANCE INITIATING A SYSTEM FOR A PARTNERSHIP IN LOCAL GOVERNANCE BETWEEN THE LOCAL GOVERNMENT AND THE PEOPLE OF ROXAS

SECTION 1. ALTERNATIVE TITLE. — This ordinance shall likewise be known as THE EMPOWERMENT OF PEOPLE’S COUNCIL ORDINANCE OF MUNICIPALITY OF ROXAS.

SECTION 2. DECLARATION OF PRINCIPLES. — The Local Government of Roxas Oriental Mindoro, as a creation of the Sovereign People, shall at all times adhere to the following principles of governance:

a. The will of the people shall always reign supreme. It shall be the prime responsibility of any government to ensure that such will is at all times manifested and enforced.

b. The will of the people can best be determined if they organize themselves to address their sectoral or common concerns.

c. Governance is best affected if its responsibilities are shared by the people. A system of partnership between the Mayor and the governed shall guarantee that sovereignty effectively resides in the people.

SECTION 3. DECLARATION OF INTENT TO ENTER INTO PARTNERSHIP WITH NGOS AND POS. — The Local Government of Roxas hereby declares itself open to a partnership with duly accredited Roxas-based people’s organizations and non-government organizations in the conception, implementation and evaluation of all government activities and functions.

As used in this Ordinance, the following terms shall mean:

a. Non-Government Organizations (NGOs) - any aggrupation of individuals, not subsidized by government funds or organized for religious purposes or partisan politics, and whose primary ends are advocacy of issues or the realizations of specific developmental objectives for the community or a sector thereof.

b. People’s Organization (POs) - any cooperative, labor union, business group, or any aggrupation of at least twenty-five (25) individuals belonging to the same sector or sharing a common interest, not subsidized by government funds or organized for religious purposes or partisan politics, and whose primary concern is the advocacy of sectoral issues; and/or the realization of specific developmental objectives for their sector or the promotion of their common interest; provided, the organizations of government employees shall not qualify as people’s organizations under this ordinance.

The record, more than what is stated in the articles of incorporation, constitution or by-laws of the NGO and PO, shall determine whether the aggrupation is primarily organized for religious purposed or partisan politics.

SECTION 4. ACCREDITATION OF NGOS AND POS. — Any Roxas-based non-government organization or people’s organization in active operation for at least one (1) year may be registered and accredited by the Sangguniang Bayan upon submission of and/or compliance with the following requirements:

a. Proof of existence and operation in the Municipality of Roxas for at least one (1) year prior to the application with the following requirements:

b. Proof of activities held in pursuit of developmental objectives or of organizational activities conducted;

c. Program of activities planned for the year following the date of application for accreditation;

d. Copies of its constitution, by-laws and/or articles of incorporation;

e. Lists of its officers and members of good standing;

f. Financial statement and declaration of assets and liabilities; and

g. Board resolution manifesting a decision to seek accreditation and participation under this Ordinance.

Coalitions, alliances and federations of NGOs and POs shall not be entitled to a separate accreditation if at least 50 percent of its members are already accredited as individuals NGOs and POs.

An NGO and PO 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 its accredited status.

The Sangguniang Bayan, however, may from time to time, and in consultation with the People’s Council, impose such other requirements and condition for accreditation as it may deem appropriate to best adhere to the principles behind this Ordinance.

Any NGO and PO already accredited by the Local Government prior to the effectivity hereof need not apply again for accreditation for purposes of this Ordinance, unless its accreditation has in the meantime been withdrawn.

SECTION 5. WITHDRAWAL OF ACCREDITATION. — The Sangguniang Bayan may, in consultation with the People’s Council and after hearing, withdraw any accreditation granted to any non-government organization or people’s organization for violation of any provision of this Ordinance or for Failure to comply with any of the conditions for accreditation.

SECTION 6. SPECIAL COMMITTEE ON ACCREDITATION. — The Sangguniang Bayan shall create a special committee from among its members for purposes of processing applications for accreditation, monitoring compliance with the conditions for accreditation, recommending withdrawals thereof, and initiating necessary and desirable legislative measures for the effective performance of its tasks.

The People’s Council once formally organized, shall be entitled to a two-seat representation in the Committee.

SECTION 7. RIGHTS AND PRIVILEGES OF ACCREDITED NGOS AND POS. — Accredited NGOs and POs may enter into joint ventures and other cooperative undertakings with the Local government 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, diversify agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people within the framework of equitable and sustainable development.

The Local Government may provide assistance, financial or otherwise, to accredited NGOs and POs for economic, socially-oriented, environmental, or cultural projects to be implemented within the territorial jurisdiction of the municipal.

SECTION 8. CREATION. — All accredited NGOs and POs may organize themselves into a People’s Council which shall upon petition made to the Sangguniang Bayan be recognized as their representative, and through which their rights, privileges and responsibilities under this Ordinance may be exercised.

For this purpose, the Sangguniang Special Committee on Accreditation shall, not later than ninety (90) days from the effectivity hereof, call for a convention of all accredited NGOs and POs to facilitate the formal organization of the People’s Council.

SECTION 9. STRUCTURES AND INTERNAL RULES. — The People’s Council shall determine its own organizational structures and internal rules, and shall not at all times provide for 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 NGOs and POs, and accredited NGOs and POs which are not members of the Council; Provided, that no such political Party, government employees’ organizations or non-accredited NGO and PO may be nominated by the Council for membership in the municipal special bodies nor may they be granted the rights and privileges of accredited NGOs and POs 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 of this Ordinance.

SECTION 10. RECOGNITION. — There shall only be one (1) People’s Council which shall be recognized by the Sangguniang Bayan within thirty (30) days from filing of the petition for recognition. If only one petition is filed and the Sangguniang fails to deny the same within the said period, the petition shall be deemed automatically granted.

Should more than one petition be filed, the Sanggunian shall, within the same period of thirty (30) days, exert its best efforts to allow the petitioner to form a single council. Failing which the Sanggunian shall, within fifteen (15) days, resolve the petitions based on all of the following:

a. The petitioner with the most number of member organizations;

b. The petitioner with the most number of individual members;

c. The petitioner which is representative of the greatest number of sectors, interests or concerns;

d. The petitioner with the most credible track record of inter-organization activities and cooperative undertakings between and among its members; and

e. The petitioner which is most capable of exercising the powers and responsibilities of the People’s Council.

Recognition once granted, shall not be withdrawn except upon an action of a petitioner and upon showing that the People’s Council no longer possesses most of the foregoing qualifications or has allowed itself or any of its members to engage primarily in, or to be used primarily for, religious purposes and/or partisan political activities.

The Sangguniang Bayan shall not entertain and exercise jurisdiction over internal and/or inter-organizational conflicts within the People’s Council.