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Legal bases Salient Features Issues

The Challenges for LSR Rebecca L. Malay Director, Advocacy and Development Cooperation, Philippine Rural Reconstruction Movement Secretary General, Consortium on Electoral Reform. Legal bases Salient Features Issues. The Legal Bases for LSR.

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Legal bases Salient Features Issues

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  1. The Challenges for LSRRebecca L. MalayDirector, Advocacy and Development Cooperation,Philippine Rural Reconstruction MovementSecretary General, Consortium on Electoral Reform Legal bases Salient Features Issues

  2. The Legal Bases for LSR • Section 9, Art. X of the 1987 Constitution states that “legislative bodies of local governments shall have sectoral representation as may be prescribed by law.”

  3. Legal Bases for the LSR • Section 41( c) of R.A. No. 7160 or the LGC, on the other hand, states that “…there shall be one (1) sectoral representative from the women, 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 sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law.” It also states that COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.

  4. Legal Bases for the LSR • In 1995, Congress enacted R.A. No. 7887, which instituted certain electoral reforms. The last par. of Sec. 1 thereof states that the “COMELEC shall promulgate rules and regulations to effectively implement the provisions of law which may hereafter be enacted providing for the election of sectoral representatives.”

  5. Salient Features of the Bill • Election of (3) sectoral representatives each in the Sangguniang Panlalawigan, Sangguniang Bayan and Sangguniang Panlungsod – • One (1) from the women sector; • one (1) from the workers; and

  6. one (1) from any of the following sectors: indigenous cultural communities, differently-abled persons, senior citizens, victims of calamities and disasters, children and urban poor, or any other sector as may be determined by the sanggunian concerned not later than one (1) year prior to the holding of the next local elections Provided that, such third sector shall likewise belong to the marginalized sectors of society

  7. Salient features of the Bill • In cases of provinces, cities and municipalities with more than one district, sectoral representatives shall be elected at large. • The third sector already determined by the sanggunian shall remain in force unless the sanggunian concerned determines a new sector. In the event that the sanggunian fails to determine the third sector in the first sectoral elections, the third sector shall be contested by any of the other sectors enumerated in this section.

  8. Salient Features of the Bill • (b) the first election will be on the second Monday of May 2007 and every three years thereafter; • (c) requirement of registration of sectoral organizations/coalitions to qualify in elections; • (d) qualifications of sectoral nominees;

  9. Salient Features of the Bill • (e) forfeiture of seat by any elected sectoral representative who changes his organizational affiliation during his term of office; and • (f) conduct of voters’ education.

  10. The Challenges against the LSR • Apparent lack of interest by the Senate • This bill has been passed by the 12th Congress but it continued to be unheard in the Senate. • There were proponents of this bill in the Senate (Pangilinan, Sotto, De Castro, Legarda, Ejercito) but even after concerted lobby efforts by CSOs, the bill was not scheduled for hearing

  11. Festering issues in the advocacy for LSR • The Cost of LSR Php 1,643,600,000 for 5,607 positions • A study done by the Local Governance Policy Forum in 2002 showed that based on 2000 data, LGUs are still very much dependent on the IRA as a main source of their income. • About 63% of the total income of all LGUs is derived from IRA, taxes, 21.8%, 14.3% non tax revenues and the rest from share in the national wealth, 0.7%

  12. Festering issues • With the current fiscal crisis, government will be reluctant to pay for the cost of electing LSR • As it is, the proposed withholding of the IRA is estimated to save the government around Php 40 billion • However, the IRA cuts as a deficit relief measure should not be an excuse not to have local sectoral representatives

  13. Prospects • Hopes in the 13th Congress • The bill has been re-filed by De Guzman, AKBAYAN • No author has yet been identified in the Senate but CSOs will continue to lobby Sens. Pangilinan,Ejercito who were the bill’s authors in the last senate

  14. Who wins? • Participatory local governance • More people will find their voices heard • Adequate representation will result to greater benefits to sectors in their own territories • Government is closer to the people and is made to respond immediately to people’s needs • Promotes broader autonomy • Development of new local leaders

  15. Who loses? • Selfish political interests – local traditional, patronage-based politics • Incompetent local leaders

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