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Transcript of CAVESTANY,LESTER_issue Paper_limited Participation of Cso in Loc Gov
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Limited Participation of the Civil Society in the Local Government Councils
ISSUE PAPER: LIMITED PARTICIPATION OF THE CIVIL SOCIETY
IN THE LOCAL GOVERNMENT COUNCILS
Cavestany, Lester G.
Ateneo School of Government
Master in Public Management
Modern Management for Local Governance
Prof. Aurma M. Manlangit
Prof. Mary Jane C. Ortega
January 2013
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Limited Participation of the Civil Society in the Local Government Councils
Table of Contents
Chapter 1 – Background .................................................................................................................3
Chapter 2 –Problem Statement ....................................................................................................8
Chapter 3 – Discussion and Analysis ............................................................................................10
Chapter 4 – Recommendations and Conclusion ..........................................................................16
Bibliography ................................................................................................................................20
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Limited Participation of the Civil Society in the Local Government Councils
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Limited Participation of the Civil Society in the Local Government Councils
The module on Modern Management in Local Governance, under Professor Aurma M.
Manlangit and Mayor Mary Jane C. Ortega, culminates with this Issue Paper about the Limited
Participation of the Civil Society in the Local Government Councils. As stated in the syllabus,
the course aims to provide the students with not just a working knowledge on local governance
in the Philippines, but also current and emerging concepts in the practice of good governance.
Before we delve into the details of the issue, it would be good to briefly review the key
concepts we have learned from the class discussions and through the assigned readings to help us
understand why the issue concerning the Limited Participation of the Civil Society in the Local
Government Council is a critical dimension of good governance. These related concepts include
the following:
1. New Public Management
2. Decentralization
3. Local Government Code of 1991
4. Issues in Local Governance
New Public Management
New Public Management (NPM) is a philosophy of public administration that fuses the
concepts of New Institutional Economics (which refers to the introduction of market incentives
into government service such as competition) and managerialism (which refers to the adoption of
private sector methods in government activities). (Tillah, 2005)
Shifting the focus from public administration, NPM encompasses the reform agenda in
most OECD countries since the late 1970s, introducing organizational and managerial changes in
the public sector. (Androniceanu, 2007)
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Limited Participation of the Civil Society in the Local Government Councils
Citing Tillah (2005), Prof. Manlangit enumerated the following NPM initiatives:1
deregulating the economy and privatizing state-run corporations
making the private sector the engine of economic growth
shrinking the size of the bureaucracy
a government that focuses on policy-making, rather than service-delivery, and
catalyzing other sectors to get involved in service delivery (i.e. steering versus
rowing)
empowering the citizens, and redefining them as customers
decentralization of national governments
Decentralization and R.A. 7160
Decentralization is referred to as the “systematic and rational dispersal of power,
authority and responsibility from the central government to lower or local level institutions.”
(Pomeroy, 2003)
Prof. Manlangit discussed the three degrees or aspects of decentralization consisting of
the following:
a) deconcentration - shifting of administrative workload from central government to lower
level of central government. The central government continues to retain, in varying
degrees, the power to control and direct its recipient.
b) devolution - carries the highest degree of decision-making independence and involves
relinquishing certain functions to subnational governments. From central government to
local government (the territorial and political subdivision of the state)
1 NPM Application in the LGU Powerpoint Presentation
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Limited Participation of the Civil Society in the Local Government Councils
c) de-bureaucratization - From central government to private sector; involves harnessing of
the private sector and NGOs in the delivery of services thru contracting out; PPP and
joint ventures
Mandated by the Constitution, Congress enacted Republic Act 7160, or the Local
Government Code (LGC) of 1991, which provides for the implementation of de-concentration
and devolution strategies to address the so-called “Imperial Manila” syndrome. Imperial Manila
refers to the over-concentration of administrative and political power in the nation’s capital. And
since the implementation of the R.A. 7160, political and administrative functions have been
devolved to the local government units, including field health and hospital services; social
services; community-based forestry projects; public works funded by local funds; the school
building program; facilities development for tourism; telecommunications and housing projects
(for provinces and cities only); enforcement of the national building code; reclassification of
agricultural lands; and agricultural extension and on-site research. (Tillah, 2005) The Local
Government Code also institutionalizes and strengthens civil society participation in the different
local development councils such as the Local Development Council, the local health board and
the local school board, and even the local Sanggunian.
Issues in Local Governance
The LGC has been in effect for more than 20 years and although its vision of local
governments that “enjoy genuine and meaningful local autonomy to enable them to attain their
fullest development as self-reliant communities and make them more effective partners in the
attainment of national goals”2 is yet to be fully realized, there are now numerous examples of
2 Section 2, Republic Act 7160
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Limited Participation of the Civil Society in the Local Government Councils
innovations and best practices in the provinces, cities, municipalities and barangays that have
been empowered by the decentralization revolution in our democratic nation. And in the process
of implementing and reviewing the LGC, there are several issues that need to be addressed,
including the clarification of intergovernmental relations, the fulfillment of the devolved
functions, and the utilization of the decentralized powers, and the development of local
capabilities (Brillantes, 1996)
Professor Manlangit enumerated the following issues in local governance:3
1. Structural inefficiency-powers have greatly expanded , but institutional infrastructure
remains the same
2. Three year term of office-fairly an expensive way to exercise suffrage, undermines the
ability of local officials to effectively govern
3. Fiscal and financial autonomy
4. Limited capacity: Do they have enough resources and capacity to carry our their
functions?
5. Accountability-no mechanism
6. Limited participation in local councils. The councils have yet to convene; trust
relationship of civil society and LGUs
This paper deals with the abovementioned issue regarding the limited participation of the
citizens and civil Society in the local government councils. The next chapter deals with the crux
of the issue, while in Chapter 3, the issue is discussed and analyzed. Finally, this issue paper
ends with recommendations and conclusions in Chapter 4.
3Prof. Aurma M. Manlangit, NPM Applications in the LGU Slideshow Presentation
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Limited Participation of the Civil Society in the Local Government Councils
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Limited Participation of the Civil Society in the Local Government Councils
Republic Act 7160, or the Local Government Code (LGC) of 1991, provides the policy
framework for the direct participation of the civil society, especially through people’s
organizations (PO’s) and non-government organizations (NGO’s) in local governance. Their
involvement in the local councils takes actual form through the following:
a) representation in the local Sanggunian of each municipality, city and province - –
b) participation in the local development council
c) participation in the local school board
d) participation in the local health board
e) representation in other local bodies: the Local Prequalification, Bids and Awards
Committee; and Local Peace and Order Council
Despite the explicitness of the provisions of the Local Government Code regarding the
direct and actual participation and representation of the civil society in the local councils, there
have been several hindrances to their full implementation which brings us to the central issue in
this paper: the limited participation of the civil society in the local government councils. In the
next part, this issue will be discussed and analyzed.
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Limited Participation of the Civil Society in the Local Government Councils
Never doubt that a small group of
thoughtful, committed citizens can change
the world; indeed, it's the only thing that
ever does.
- Margaret Mead
CHAPTER THREE
DISCUSSION AND ANALYSIS
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Limited Participation of the Civil Society in the Local Government Councils
The Local Government Code envisions a vibrant civil society involvement in the local
government. However, the mainstreaming of representatives from non-government organizations
and people’s organizations has not been fully implemented in the following areas:
1. representation in the local Sanggunian of each municipality, city and province –
Aside from the elected local officials, including the councilors (board
members at the Sangguniang Panlalawigan), and the representatives of the
barangays and the Sangguniang Kabataan, the Local Government Code requires
that sectoral representatives should be included as regular members. The LGC
further provides that the Comelec shall promulgate the rules and regulations to
effectively provide for the election of such sectoral representatives from the
women’s sector, the workers, and another one from the urban poor, indigenous
cultural communities, disabled persons, or any other sector as may be determined
by the Sanggunian concerned.4
Agra (1997) recounts the legal imbroglio regarding the holding of the
election of sectoral representatives for the local sanggunians. There were attempts
in 1992 by the Comelec to hold the first elections of sectoral representatives on
March 26, 1993 for the city and municipal levels and on April 16, 1993 for the
provincial governments. But on March 11, 1993, Comelec suspended the
scheduled elections by virtue of Resolution No. 2575. Comelec revived the
attempt in January 1995 for the sectoral representatives to be synchronized with
the national-local elections of May 1995. But this effort was again stalled by a
provision of Republic Act No. 7887 which apparently requires an enabling law
from Congress before the election of sectoral representatives can be held. Several
4 Section 41(c) of the Local Government Code
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Limited Participation of the Civil Society in the Local Government Councils
bills from both the House of Representatives and the Senate have been filed for
the said elections, but none have been enacted. And we are still awaiting the first
elections of sectoral representatives in the local councils.
2. participation in the local development council
Each local government unit, from the provincial, city, municipal and down
to the barangay level has its own development council to assist the corresponding
Sanggunian in setting the direction of economic and social development, and
coordinating development efforts within its territorial jurisdiction.5 The LGC
requires that in addition to the government officials, the local development
councils must have representatives from non-governmental organizations
operating in that locality, and they shall constitute not less than one fourth (1/4) of
the members of the fully organized council. Furthermore, these representatives
must be chosen from the accredited non-governmental organizations by
themselves and among themselves.6
Having civil society representatives in the LDC’s is an ideal that is
challenged by present-day political realities. Dolores S. Corro (2006) shared
the results of the survey of the Mindanao Coalition of Development NGO
Networks, revealing that many LGU’s, especially in Mindanao, have not even
convened their LDC’s yet. And there are others that have convened it only at the
beginning of the three-year term, but have not had further meetings, in violation
of the LGC that requires them to meet at least once every six (6) months or as
often as may be necessary. Moreover, there are no clear sanctions for LGUs that
5 Section 106 of the Local Government Code 6 Section 108 of the Local Government Code
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Limited Participation of the Civil Society in the Local Government Councils
do not follow the provisions on the LDC. The lack of disincentives is also a
possible reason as to why some LGUs have not complied with the required one-
fourth of the membership of the LDC coming from the civil society. The
unwillingness to convene the LDC and to include civil society representatives can
be attributed to the non-consultative style of leadership of the local chief
executive.
Gonzales (1997) also reports that another reason that could stall the
participation of the representatives from the civil society in the LDC is the slow
and/or preferential accreditation of POs and NGOs. It has to be remembered that
the LDC representative from the civil society must come from the accredited non-
government organizations in the locality. And it is the local Sanggunian that
approves their accreditation.
3. participation in the local school board
Aside from the Local chief executive, school superintendents, the chairman of the
education committee of the local council, the treasurer, and the representative of the
Sangguniang Kabataan, the following representatives shall be included in the local
school boards, whether at the provincial, city or municipal level:
a) the president of the local federation of parents-teachers association
b) the duly elected representative of the local teachers' organization
c) the duly elected local representative of the non-academic personnel of public
schools
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Limited Participation of the Civil Society in the Local Government Councils
The participation of civil society in the local school board is pretty
straightforward. Teachers, parents, and non-academic personnel have their own
mechanisms of choosing their officials and representatives.
4. participation in the local health board and other local special bodies, such as the Local
Prequalification, Bids and Awards Committee; and Local Peace and Order Council
Aside from the local chief executive, the representative from the
Department of Health, the local health officer, the chairman of the committee on
health of the local sanggunian, there must also be a representative from the private
sector or non-governmental organizations involved in health services in the
locality concerned, whether in the province, city or municipality
The participation of civil society in the Local Health Board and in the
LSB’s could be hindered by the previously mentioned political reasons. It could
also be possible that the LHB and LSB’s are inoperative. And since there are
neither incentives for compliance nor clear sanctions for violations, the local chief
executives, who are not consultative, are not forced to convene them. On the side
of the civil society representatives, their role is often recommendatory and since
they were appointed by the local chief executive to be in the LSB’s, they are
expected to be supportive of what the governor or mayor wants.
Citing Tordecilla and Tumbaga, Gonzalez (1997) gives the additional problem of the
existence of a pervasive culture of mistrust between LGUs and NGOs/POs, based largely on a
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Limited Participation of the Civil Society in the Local Government Councils
lack of knowledge and understanding. Local governments have been wary of inviting their new
people into the system, or have been suspicious of the intentions of NGOs and POs.
More than twenty years have passed since the LGC mandated the significant
representation of the civil society in the various local councils, especially in the Sanggunian, the
Local Development Council, the Local School Board, the Local Health Board, and other Local
Special Bodies. But today, the problem of limited civil society participation in the local councils
still persists. It is a problem that is looking for answers and solutions.
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Limited Participation of the Civil Society in the Local Government Councils
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Limited Participation of the Civil Society in the Local Government Councils
Having understood the issue of the limited participation of the civil society in at hand, we
can now discuss some recommendations on how we can address it.
As the dimensions of good governance continue to spread around the political spheres in
our country, the participatory and consultative styles of leadership will be further propagated.
Local chief executives will begin to see that public participation, through representation of the
various sectors in the planning and implementing stages of their programs, is a boon to their
respective local governments. The representatives can play an important role in spreading the
news to the constituents about the LGU-led developments in their area and even the leadership
traits of the local officials. The best practices of Naga City in the area of participatory
governance are worth studying and emulating. Under the leadership of then-Mayor Jesse
Robredo, the Sangguniang Panlungsod passed the “Empowerment Ordinance of Naga City in
1997." This Empowerment Ordinance mandates the city to create a "People's Council" consisting
of duly accredited NGOs and POs in the city. This Council appoints NGO representatives to
local special bodies of the city government and they participate in the planning, implementation
and evaluation of the programs, projects and activities of the City Government, votes at the
committee level meetings of the Sangguniang Panlungsod, and acts as the people's
representatives in the exercise of their constitutional rights to information on matters of public
concern and of access to official records and documents. (Robredo, 2000) In the local school
boards, Robredo is known to have pioneered what he called “re-engineering the local school
boards” by increasing the participation of parents and community leaders, creating positive
results especially in the expanded development of Alternative Learning Systems and Alternative
Delivery Modes Programs. It was this kind of trust and partnership with the civil society that
made him win the Ramon Magsaysay award for Good Governance in 2000 for “giving credence
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Limited Participation of the Civil Society in the Local Government Councils
to the promise of democracy by demonstrating that effective city management is compatible with
yielding power to the people.” (Chiu & Tan, August 21, 2012)
Legislative amendments to the LGC is also something that can be considered since
Section 521 of the LGC provides for the mandatory review of the LGC at least once every five
years, with the primary objective of providing a more responsive and accountable local
government structure.
As regards the election of sectoral representatives in the local councils, there must be
pressure from the civil society organizations in the various districts for their congressmen to pass
the enabling law for the elections.
Agra (1997) however argues, that even without the enabling law, the Local
Government Code clearly gives the Comelec the mandate to hold such elections. So we can also
put pressure on Comelec to do their duty.
Speaking of duty and the pressure to do it, the local chief executives must also be
required to convene the Local Development Council and the other local councils and bodies and
to ensure that the civil society representative are given their rightful place on the table, as
provided for by the Local Government Code. And should NGO accreditation be a problem in the
Sanggunian because of red tape or politicking, then accreditation powers should also be given to
national agency or the Philippine Council for NGO Certification.
Gonzalez (1997) cites the following additional areas that promote people’s participation
in local governance:
1. Other local councils: Agrarian Reform Councils, Fisheries and Aquatic Reform Councils,
and People’s Law and Enforcement Board.
2. Mandatory Consultations and Public Hearings
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Limited Participation of the Civil Society in the Local Government Councils
3. System of Recall
4. Local Initiatives and Referenda
As decentralization continues to flourish in in the Philippines, it is important to promote a
transparent, accountable and most especially, participatory local government, not just in the
national, provincial, city or the municipal levels, but more importantly, down to the barangay
level. Since the barangay is the primary planning and implementing unit of government policies,
programs, projects and activities in the community, and is a forum wherein the collective views of
the people may be expressed, crystallized and considered.
Echoing the New Public Management principles of empowering the citizens, and
redefining them as customers, President Aquino emphasized that in his administration, “Kayo
(the people) ang boss ko,” when he took his oath of office. This declaration was well-received
because it meant that it’s not the public officials who are the bosses, but the people. It
emphasized the need to establish the role of the citizenry and the civil society, through the NGOs
and POs, in the development of our country, both at the local and national levels.
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Limited Participation of the Civil Society in the Local Government Councils
BIBLIOGRAPHY
Agra, A. C. (1997). Local Sectoral Representation: A Legal Analysis. Associates in Rural
Development, Inc./ Governance and Local Democracy Project.
Androniceanu, A. (2007). New Public Management, a Key Paradigm for Reforming Public
Management in Romanian Administration. ADMINISTRAŢIE ŞI MANAGEMENT PUBLIC ,
154-161.
Brillantes, A. B. (1996). Decentralization, Devolution and Democratization: Old Concepts,
Contemporary Applications. Kasarinlan , 83-88.
Chiu, P. D., & Tan, K. J. (August 21, 2012, August 21). Jesse Robredo: Good Governance Guru
and Ideal Family Man. Retrieved January 2013, from GMA News:
http://www.gmanetwork.com/news/story/270596/news/nation/jesse-robredo-good-governance-
guru-and-ideal-family-man
Gonzales, R. P. (1997, December). Case Studies of Decentralization: Philippines. SDA Technical
Consultation on Decentralization . Asian NGO Coalition for Agrarian Reform and Rural
Development.
Mindanews. (2006, October 26). Retrieved January 2013, from Mindanews:
http://www.mindanews.com/c3-news/2006/10/26/lack-of-sectoral-representation-in-lgus-hit/
Pomeroy, R. (2003). "The Government as a Partner in Co-Management.". In J. N. D.C. Wilson,
The Fisheries Co-Management Experience: Accomplishments, Challenges and Prospects.
London: Kluwer.
Robredo, J. M. (2000). City Strategy And Governance: The Naga City Experience. Singapore:
East Asia Urban and City Management Course.
Tillah, M. (2005). Globalization, Redemocratization and the Philippine Bureaucracy. Philippine
Institute for Development Studies , 7.
Image credits:
Julius Caesar: http://www.wheninkrunsout.com/wp-content/uploads/2011/01/julius-caesar-
300x225.jpg
Margaret Mead: http://www.usconsulate.org.hk/pas/kids/images/mead.jpg
Albert Einstein: http://www.hetemeel.com/einsteinform.php
Jesse Robredo - http://edicio.files.wordpress.com/2012/09/unfinished-revolution.jpg