1.) An Ordinance Providing Free Tuition & Matriculation Fees for the Legitimate Children of the Barangay Day Care Workers, Barangay Health Workers(BHWs), Barangay Nutrition Scholars(BNS), Children Development Workers(CDWs) and Barangay Tanods Enrolled in Bacolod City College. DOCKETED AS SP CORRESPONDENCE NO. 010-803. FOR 2ND READING.
WHEREAS, paragraph (c) 2 of Article 13 on the International Covenant on Economic and Cultural Rights states that, “higher education shall be made equally accessible to all on the basis of CAPACITY, by every appropriate means, and in particular by thePROGRESSIVE INTRODUCTION OF FREE EDUCATION;”
WHEREAS, paragraph (3) of section 2 of Article XIV of the 1987 Philippine Constitution states that, “the State shall establish and maintain a system of scholarship grants, …and OTHER INCENTIVESwhich shall be available to deserving students in both public and private schools, ESPECIALLY TO THE UNDER-PRIVILEGED;”
WHEREAS, invoking the ‘Public Welfare Clause’ of the Local Government Code of 1991, there is a need to provide opportunities for the legitimate children of our barangay volunteers & frontline service providers if only to recognize their dedication for work and voluntary effort;
WHEREAS, if under our existing laws, we recognized and granted privileges to the siblings of officials who receive more emoluments, we are thus obligated to give the same or even more benefits to those people who have been giving voluntary public service, who in the exigency of their work exposed their health, risked their lives and hurdled all the hazards & inconveniences in order to sustain frontline public services to the smallest government unit;
WHEREAS, we recognize that there are several limitations in law to provide them adequate remuneration or the like, however to be fair and just to them there are some available remedial measures other than pecuniary to recognize their valuable contribution to the government by way of providing hope & opportunities thru granting preferential scholarship thru free tuition & matriculation to their children.
THEREFORE, BE IT ORDAINED by the Sangguniang Palungsod of the City of Bacolod in Session that:
Section 1. Title. – The title of this ordinance shall be, “An Ordinance Providing Free Tuition and Matriculation Fees for the Legitimate Children of the Day Care Workers, Barangay Health Workers,(BHWs) Barangay Nutrition Scholars(BNS) and Barangay Tanods Enrolled in Bacolod City College(BCC).” Its short title shall be known as “Ordinance on Free Tuition/Matriculation for the Children of Day Care Workers, BHWs/BNS & Tanods.”
Section 2. Requirements. – Beneficiary under this ordinance, among others shall attach the following documents as requirements for enrollment.
1. Appointment of his/her parent duly signed by the punong barangay, and showing his/her position.
2.Voters ID of his/her parents
Section 3. Manner of Availment for this Preferential Privilege. Consistent with the rules established by the Bacolod City College on Scholarships, BCC is mandated to formulate appropriate Implementing Rules & Regulations(IRR) that will govern its implementation.
Section 5 Separability Clause. – If any section or provision of this Ordinance be declared invalid by competent authority, other sections or provisions not so affected or declared invalid shall remain in force and effect.
Section 6. Effectivity Clause. – After publication in a newspaper of local circulation, this Ordinance shall take effect immediately on the opening of classes in June 2011.
WHEREAS, paragraph (3) of section 2 of Article XIV of the 1987 Philippine Constitution states that, “the State shall establish and maintain a system of scholarship grants, …and OTHER INCENTIVESwhich shall be available to deserving students in both public and private schools, ESPECIALLY TO THE UNDER-PRIVILEGED;”
WHEREAS, invoking the ‘Public Welfare Clause’ of the Local Government Code of 1991, there is a need to provide opportunities for the legitimate children of our barangay volunteers & frontline service providers if only to recognize their dedication for work and voluntary effort;
WHEREAS, if under our existing laws, we recognized and granted privileges to the siblings of officials who receive more emoluments, we are thus obligated to give the same or even more benefits to those people who have been giving voluntary public service, who in the exigency of their work exposed their health, risked their lives and hurdled all the hazards & inconveniences in order to sustain frontline public services to the smallest government unit;
WHEREAS, we recognize that there are several limitations in law to provide them adequate remuneration or the like, however to be fair and just to them there are some available remedial measures other than pecuniary to recognize their valuable contribution to the government by way of providing hope & opportunities thru granting preferential scholarship thru free tuition & matriculation to their children.
THEREFORE, BE IT ORDAINED by the Sangguniang Palungsod of the City of Bacolod in Session that:
Section 1. Title. – The title of this ordinance shall be, “An Ordinance Providing Free Tuition and Matriculation Fees for the Legitimate Children of the Day Care Workers, Barangay Health Workers,(BHWs) Barangay Nutrition Scholars(BNS) and Barangay Tanods Enrolled in Bacolod City College(BCC).” Its short title shall be known as “Ordinance on Free Tuition/Matriculation for the Children of Day Care Workers, BHWs/BNS & Tanods.”
Section 2. Requirements. – Beneficiary under this ordinance, among others shall attach the following documents as requirements for enrollment.
1. Appointment of his/her parent duly signed by the punong barangay, and showing his/her position.
2.Voters ID of his/her parents
Section 3. Manner of Availment for this Preferential Privilege. Consistent with the rules established by the Bacolod City College on Scholarships, BCC is mandated to formulate appropriate Implementing Rules & Regulations(IRR) that will govern its implementation.
Section 5 Separability Clause. – If any section or provision of this Ordinance be declared invalid by competent authority, other sections or provisions not so affected or declared invalid shall remain in force and effect.
Section 6. Effectivity Clause. – After publication in a newspaper of local circulation, this Ordinance shall take effect immediately on the opening of classes in June 2011.
2. An Ordinance Establishing Oversight and Backstopping Functions of the Sangguniang Panlungsod of Bacolod City, DOCKETED AS SP CORRESPONDENCE NO. 011-723. FOR 2ND READING.
WHEREAS,one of theinherent functions of local policy-makers and legislative bodies in performance of its obligations to maintain an honest, transparent and accountable local government is thru an effective oversight of the local government bureaucracy, its functionaries and/or instrumentalities; an up-to-date review of existing policies, resolutions & ordinances to attune with to the changing times; and the status of their enforcement, implementation and or compliance in accordance with Bacolod City’s visions, missions, goals and objectives
WHEREAS, such oversight function of the City’s legislative branch is considered as a key feature of a meaningful representative Body, that is practiced by most of the democratically oriented deliberative Bodies in the world, which is also being followed by the Philippine Congress;
WHEREAS,following that practice is considered as a norm by most of the country’s local Sanggunians;
WHEREAS, theCity and the people of Bacolod can best benefit from such desirable norm, if it will follow suit, and if the Sangguniang Panlungsod of Bacolod City would consider for its legislative enactment;
WHEREAS, thru policy oversight & review,the City will be able to come up with responsive, doable & lasting solutions to the problems confronted by the City, especially on matters that pertain to the enforcement and implementation of existing ordinances, policies, rules and regulations;
NOW THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod of the City of Bacolod in session assembled; that,
Section 1. Title. – The title of this ordinance shall be, “AN ORDINANCE ESTABLISHING OVERSIGHT AND BACKSTOPPING FUNCTIONS OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF BACOLOD.”
Section 2 Definition of Terms.
a. Oversight – a watchful care, superintendence or general supervision; (The Grolier International Dictionary.
b. Bureaucracy – refers to the way that the administrative execution and enforcement of legal rules are socially organized, with four structured, such as:
1. A well-defined division of administrative labor among persons and offices,
2. A personnel system with consistent patterns of recruitment and stable linear careers
3. A hierarchy among offices, such that the authority and status are differentially distributed among actors,
4. Formal and informal networks that connect organizational actors to one another through flow of information and patterns of cooperation. (Wikipedia, the free encyclopedia)
a. Legislative Tracking and Analysis – refers to the process of monitoring the implementation and enforcement of an ordinance or a resolution enacted by the Sanggunian to determine its effectiveness or non-effectiveness.(Local Legislators Tool Box).
b. Legislative Backstopping Committee – is a research arm of the Sanngunian, whose members are experienced in the field of policy science and research, and who are adequately knowledgeable on varied subjects of legislation that are brought to the attention of the Sanggunian for appropriate legislative action(Local Legislators Tool Box)
Section 3. Intent and Purposes. – The following, among others are the intent and purposes of this ordinance:
1. To institute honest, transparent & accountable governance,
2. To institute legislative feed-backing mechanisms, monitoring system and tracking & analysis in the implementation of approved ordinance,
3. To gather information necessary to develop new legislative proposals, to revise/amend or modify or harmonize existing local laws and/or any action in aid of legislations,
4. To ensure that approved ordinances or pertinent resolutions are properly implemented/ acted upon and enforced by the department or office concerned,
5. To see to it that resolutions, requests or complaint addressed to the concerned department or office are appropriately and aptly responded and/or attended to, and acted upon within the legally mandated and prescribed period,
6. Establish policy direction to guide pertinent department or offices in their mandated functions,
7. Ensure administrative compliance with the legislative intent,
8. Improve the efficiency and effectiveness of government operations, and
9. Evaluate the program and performance of the department/office concerned.
Section 4. Creation of an Oversight Committee. – Thru this ordinance, an Oversight Committee is created, which shall have the following function and Composition:
I. Functions:
a. Establish Implementing Rules & Regulations (IRR) for the implementation of this Ordinance,
b. Draft guidelines on possible gray areas in the implementation of this Ordinance,
c. Meet regularly or as often as the exigency warrants
d. Draft Internal Ground Rules
e. Call/ request department or office heads to shed light on the problems/issues considered as critical for policy formulation and/or in aid-of legislation
f. Act as Core Advisory Body (CAB) for the speedy but judicious passage of ordinances, its effective implementation, monitoring and evaluation & analysis.
II. Composition.–The following shall compose an Oversight Committee in:
1. Floor Leader in the Sangguniang Panlungsod -Chairman
2. Minority Leader in the Sangguniang Panlungsod -Vice Chairman
Chairman of the SP Committee on Laws -Member
SP Member belonging to the Majority Party or Group-Member
SP Member belonging to the Minority Party or Group-Member
For purposes of this Ordinance, a Minority Leader shall be chosen or elected by non-administration Sanggunian Panlungsod Members. So called “Independent” Member/s shall choose where to elect.
Section 5. Sangguniang Panlungsod’s Power to Oversee, Review and/or Check/ Investigate City Departments or Offices.–In aid of legislations, the Sanggunian Panlungsod shall oversee, review and/or investigate department or office concerns and issues, especially, if such department/office falls under his/her Committee.
The power to review or investigate shall be limited to the clarification of issues/concerns, address or answers questions issues and or provide input or data which need the action of the Sanggunian Panlungsod or in aid of legislations.
Section 6. Sangguniang Panlungsod Committees’ Delegated Power.–Thru the preceding section, by way of its delegated powers, the SP Committee concerned can review or investigate City departments on pressing problems or issues affecting the City of Bacolod.
Section 7. Department’s/ Office’s Courtesy.–Department/ office head’s concerned, upon request or call of the Sangguiang Panlungsod and/or of the Sangguniang Committee concerned shall provide necessary papers or data, and/or attend hearing\s/ or as a resource person to clarify certain questions or issues;
Section 8. Creation of a Backstopping Committee in the Sangguniang Panlungsod.–For purposes of this Ordinance, a Backstopping Committee shall be created in the Office of the Sangguniang Panlungsod, which shall be headed by the Sanggunian Secretary and backed-up by its support-legislative staff who shall specialize in the following field:
-Political Science
-Economics
-Sociology
-Environment and Ecology
-Urban Planning &/or Traffic and Public Administration
Section 9 Function of the Legislative Backstopping Committee (LBC).–The following is the functions of the LBC:
1. Shall establish a management information system for legislative action or decision,
2. Shall conduct deep researches in preparation and in-aid of local legislation for the support of the Sangguniang Members,
3. Shall undertake legislative tracking & analysis of enacted policies, resolutions and ordinances,
4. Shall assist in the review of ordinances and resolutions passed by the Sangguniang Barangays of Bacolod City,
5. Shall provide liaison services/work between departments/ offices and Sanggunian Panlungsod,
6. Shall perform such other legislative related functions as may be assigned by the Sanggunian Panlungsod or ask/request by the individual Sangguniang Panlungsod Member, e.g. capacity development or skills enhancement of Technical Staff assigned in the respective offices of the City Councilors and Vice Mayor.
Section 10 Applicable Laws.–Among other pertinent laws, with approved ordinances, the following shall be considered in enforcing and implementing, including penalizing under this ordinance.
1. Republic Act 9485 –Anti-Red Tape Act of 2007
2. Republic Act No. 3019 – Anti Graft and Corrupt Practices Act
3. Republic Act 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees
4. (City Mayor)Executive Order No. 10, Series of 2009 – Creating and Designating a Core Team in the Implementation of the Anti-Red Tape Act (ARTA) in the City Government of Bacolod.
5. Local Government Code of 1991, and its Implementing Rules & Regulations (IRR)
6. Other pertinent National laws/Executive orders or proclamations/Department Circulars or local ordinances, resolutions or policies in pursuance of this Ordinance.
Section 11. Funding.-A budget of Php 2,000,000.00 shall be allocated by the City from its general fund for the purpose and effective implementation of this Ordinance.
Also, Php 1,000,000.00 shall be allocated for the Local Backstopping Committee(LBC). For this purpose, a budget allocated for the Legislative Tracking Project in the Sangguniang Panlungsod shall also be utilized and optimized for LBC.
Section 12. Separability Clause.–If any provision of this Ordinance is declared inconsistent or illegal, other provisions which are not affected shall remain valid and have the force and effect.
Section 13. Effectivity Clause - This Ordinance shall take effect after fifteen (15) days after its publication in a newspaper of general circulation in the City of Bacolod.
WHEREAS, such oversight function of the City’s legislative branch is considered as a key feature of a meaningful representative Body, that is practiced by most of the democratically oriented deliberative Bodies in the world, which is also being followed by the Philippine Congress;
WHEREAS,following that practice is considered as a norm by most of the country’s local Sanggunians;
WHEREAS, theCity and the people of Bacolod can best benefit from such desirable norm, if it will follow suit, and if the Sangguniang Panlungsod of Bacolod City would consider for its legislative enactment;
WHEREAS, thru policy oversight & review,the City will be able to come up with responsive, doable & lasting solutions to the problems confronted by the City, especially on matters that pertain to the enforcement and implementation of existing ordinances, policies, rules and regulations;
NOW THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod of the City of Bacolod in session assembled; that,
Section 1. Title. – The title of this ordinance shall be, “AN ORDINANCE ESTABLISHING OVERSIGHT AND BACKSTOPPING FUNCTIONS OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF BACOLOD.”
Section 2 Definition of Terms.
a. Oversight – a watchful care, superintendence or general supervision; (The Grolier International Dictionary.
b. Bureaucracy – refers to the way that the administrative execution and enforcement of legal rules are socially organized, with four structured, such as:
1. A well-defined division of administrative labor among persons and offices,
2. A personnel system with consistent patterns of recruitment and stable linear careers
3. A hierarchy among offices, such that the authority and status are differentially distributed among actors,
4. Formal and informal networks that connect organizational actors to one another through flow of information and patterns of cooperation. (Wikipedia, the free encyclopedia)
a. Legislative Tracking and Analysis – refers to the process of monitoring the implementation and enforcement of an ordinance or a resolution enacted by the Sanggunian to determine its effectiveness or non-effectiveness.(Local Legislators Tool Box).
b. Legislative Backstopping Committee – is a research arm of the Sanngunian, whose members are experienced in the field of policy science and research, and who are adequately knowledgeable on varied subjects of legislation that are brought to the attention of the Sanggunian for appropriate legislative action(Local Legislators Tool Box)
Section 3. Intent and Purposes. – The following, among others are the intent and purposes of this ordinance:
1. To institute honest, transparent & accountable governance,
2. To institute legislative feed-backing mechanisms, monitoring system and tracking & analysis in the implementation of approved ordinance,
3. To gather information necessary to develop new legislative proposals, to revise/amend or modify or harmonize existing local laws and/or any action in aid of legislations,
4. To ensure that approved ordinances or pertinent resolutions are properly implemented/ acted upon and enforced by the department or office concerned,
5. To see to it that resolutions, requests or complaint addressed to the concerned department or office are appropriately and aptly responded and/or attended to, and acted upon within the legally mandated and prescribed period,
6. Establish policy direction to guide pertinent department or offices in their mandated functions,
7. Ensure administrative compliance with the legislative intent,
8. Improve the efficiency and effectiveness of government operations, and
9. Evaluate the program and performance of the department/office concerned.
Section 4. Creation of an Oversight Committee. – Thru this ordinance, an Oversight Committee is created, which shall have the following function and Composition:
I. Functions:
a. Establish Implementing Rules & Regulations (IRR) for the implementation of this Ordinance,
b. Draft guidelines on possible gray areas in the implementation of this Ordinance,
c. Meet regularly or as often as the exigency warrants
d. Draft Internal Ground Rules
e. Call/ request department or office heads to shed light on the problems/issues considered as critical for policy formulation and/or in aid-of legislation
f. Act as Core Advisory Body (CAB) for the speedy but judicious passage of ordinances, its effective implementation, monitoring and evaluation & analysis.
II. Composition.–The following shall compose an Oversight Committee in:
1. Floor Leader in the Sangguniang Panlungsod -Chairman
2. Minority Leader in the Sangguniang Panlungsod -Vice Chairman
Chairman of the SP Committee on Laws -Member
SP Member belonging to the Majority Party or Group-Member
SP Member belonging to the Minority Party or Group-Member
For purposes of this Ordinance, a Minority Leader shall be chosen or elected by non-administration Sanggunian Panlungsod Members. So called “Independent” Member/s shall choose where to elect.
Section 5. Sangguniang Panlungsod’s Power to Oversee, Review and/or Check/ Investigate City Departments or Offices.–In aid of legislations, the Sanggunian Panlungsod shall oversee, review and/or investigate department or office concerns and issues, especially, if such department/office falls under his/her Committee.
The power to review or investigate shall be limited to the clarification of issues/concerns, address or answers questions issues and or provide input or data which need the action of the Sanggunian Panlungsod or in aid of legislations.
Section 6. Sangguniang Panlungsod Committees’ Delegated Power.–Thru the preceding section, by way of its delegated powers, the SP Committee concerned can review or investigate City departments on pressing problems or issues affecting the City of Bacolod.
Section 7. Department’s/ Office’s Courtesy.–Department/ office head’s concerned, upon request or call of the Sangguiang Panlungsod and/or of the Sangguniang Committee concerned shall provide necessary papers or data, and/or attend hearing\s/ or as a resource person to clarify certain questions or issues;
Section 8. Creation of a Backstopping Committee in the Sangguniang Panlungsod.–For purposes of this Ordinance, a Backstopping Committee shall be created in the Office of the Sangguniang Panlungsod, which shall be headed by the Sanggunian Secretary and backed-up by its support-legislative staff who shall specialize in the following field:
-Political Science
-Economics
-Sociology
-Environment and Ecology
-Urban Planning &/or Traffic and Public Administration
Section 9 Function of the Legislative Backstopping Committee (LBC).–The following is the functions of the LBC:
1. Shall establish a management information system for legislative action or decision,
2. Shall conduct deep researches in preparation and in-aid of local legislation for the support of the Sangguniang Members,
3. Shall undertake legislative tracking & analysis of enacted policies, resolutions and ordinances,
4. Shall assist in the review of ordinances and resolutions passed by the Sangguniang Barangays of Bacolod City,
5. Shall provide liaison services/work between departments/ offices and Sanggunian Panlungsod,
6. Shall perform such other legislative related functions as may be assigned by the Sanggunian Panlungsod or ask/request by the individual Sangguniang Panlungsod Member, e.g. capacity development or skills enhancement of Technical Staff assigned in the respective offices of the City Councilors and Vice Mayor.
Section 10 Applicable Laws.–Among other pertinent laws, with approved ordinances, the following shall be considered in enforcing and implementing, including penalizing under this ordinance.
1. Republic Act 9485 –Anti-Red Tape Act of 2007
2. Republic Act No. 3019 – Anti Graft and Corrupt Practices Act
3. Republic Act 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees
4. (City Mayor)Executive Order No. 10, Series of 2009 – Creating and Designating a Core Team in the Implementation of the Anti-Red Tape Act (ARTA) in the City Government of Bacolod.
5. Local Government Code of 1991, and its Implementing Rules & Regulations (IRR)
6. Other pertinent National laws/Executive orders or proclamations/Department Circulars or local ordinances, resolutions or policies in pursuance of this Ordinance.
Section 11. Funding.-A budget of Php 2,000,000.00 shall be allocated by the City from its general fund for the purpose and effective implementation of this Ordinance.
Also, Php 1,000,000.00 shall be allocated for the Local Backstopping Committee(LBC). For this purpose, a budget allocated for the Legislative Tracking Project in the Sangguniang Panlungsod shall also be utilized and optimized for LBC.
Section 12. Separability Clause.–If any provision of this Ordinance is declared inconsistent or illegal, other provisions which are not affected shall remain valid and have the force and effect.
Section 13. Effectivity Clause - This Ordinance shall take effect after fifteen (15) days after its publication in a newspaper of general circulation in the City of Bacolod.
3. An Ordinance Institutionalizing Private and Public Partnership (PPP) Governance in the City of Bacolod.
WHEREAS, Section 1 of Article II (Declaration of Principles of State Policies) of the 1987 Philippine Constitution states that “the Philippines is a democratic and Republican State. Sovereignty resides in the people and all government authority emanates from them;”
WHEREAS, also under Sections 15 of Article X111(Social Justice and Human Rights provisions) of the same Constitution states that, “the State shall respect the role of independent people’s organization to enable the people to pursue and protect within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means;”
WHEREAS, likewise, Section 16 of the above stated Article further states that, “the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making shall not be abridged. The State shall by law facilitate the establishment of adequate consultation mechanisms;”
WHEREAS, Section 34 of the Local Government Code of 1991 or the Republic Act 7160 state, “Role of People’s and Nongovernmental Organizations. – Local government units shall promote the establishment and operations of people’s and nongovernmental organizations to become active partners in the pursuit of local autonomy;”
WHEREAS, section 35 of R. A. 7160 also states, “Linkages with People’s and Nongovernmental Organizations. – Local government may enter into joint ventures and such other cooperative arrangements with people’s and nongovernmental organizations 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;”
WHEREAS, to give spirit & substance to the said Constitutional provisions, which are likewise mandated by the Local Government Code of 1991 for the participation of NGOs/POs//private organizations in local governance, there is a need for the enactment of an Ordinance at the local level so as to strengthen and institutionalize the same;
NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORNAINED by the Sangguniang Panlungsod of the City of Bacolod in Regular Session assembled, that:
Section 1. Title. – The title of this ordinance shall be known as, “An Ordinance Strengthening & Institutionalizing the System of Private & Public Partnership (PPP) in the Governance of Bacolod City.”
Section 2. Definition of Terms. -
2.1 Non-Government Organizations (NGOs) - refer to duly-registered non-stock, non-profit
organizations focusing on the upliftment of the basis or disadvantaged sectors of society by providing advocacy, training, community organizing, research, access to resources, & other similar activities.
2.2 People’s Organizations(POs) – refer to a self-help group belonging to the basic sectors and/
or disadvantaged groups composed of members having a common bond of interest who voluntarily join together to achieve a lawful common social or economic end.
2.3 Private Organization – refers the organizations that operate privately and outside with the
ambit of the government
2.4 Private Business Organization – refers to private business organizations or entities that operate outside the government
2.5 PCBC - refers to the People’s Council of Bacolod City
2.6 Council or PCBC Council – refers to the established regulatory Body created in the
Ordinance
2.7 Secretariat or PCBC Secretariat – refers to the Body in the PCBC created in the Ordinance,
which is composed of three (3) persons that is responsible for the day-to-day affairs or operations of the Council
2.8 PLEB - refers to the People’s Law Enforcement Board
2.9 CPDO - refers to City Planning and Development Office -
2.10 PPP – refers to Public Private Partnership
Section 3. Statement of Policy. – It is the policy of the City of Bacolod to promote transparency in various levels of business transactions & activities in all levels of local governance.
For this purpose, all City department/ offices are mandated to observe utmost transparency and provide necessary papers to attain this objective.
Towards this end, the City of Bacolod recognizes the role of Civil Society Organizations, Non-Government Organizations, People’s Organizations and private or business organizations as twin partners in attaining this objective.
Institutionalize people’s participation and representation in all policy formulation and implementation of citizens’ project.
Section 4. General Assembly of Civil Society, NGO/PO, and Private Business Organizations, Its Nature & Functions.
A General Assembly (GA) of Civil society organizations(CSOs)/non-government/people’s organizations and private business organizations based in the City shall be held regularly, which will be convened by the DILG-Bacolod City Director, with the CPDO, and to be known as the People’s Council of Bacolod City (PCBC). It shall also be considered as the umbrella organization of all accredited CSOs/NGOs/Pos & private organizations, and further be considered as the Regular Body in the City of Bacolod,
PCBC shall elect among themselves their representatives to sit in the City Development Council (CDC), local special bodies, committees, task forces, and other similar working/technical groups created by the City. Its members & officers shall be co-terminus with the elected Chief Executive & the Members of the Sanggunian. It shall function as a local Special Body which is created by the City as defined in Section 3 of this ordinance.
Section 5. Functions & Responsibilities. – PCBC shall function as the accountability body of all accredited CSOs/NGOs/POs & private business organizations. It shall also act as the active partner of the City in local governance.
The following are its other responsibilities & functions:
a) In coordination with the CPDO, conduct research & data bank for sectoral concerns considered as urgent and critical for City’s basic information for development & planning,
b) Documentation and profiling of community initiatives in development & best practices.
c) Elect from among its member organizations, their respective representatives to the different local government bodies, boards, councils, committees, task forces and/ or special bodies.
d) Submit to the City government joint ventures and other cooperative undertaking to engage in the delivery of basic goods & services, capacity or capability building and livelihood projects, and to develop local enterprises designed to improve productivity & income, promote ecological balance & sustainable environment, and enhance economic & social well-being of the people within the framework of equitable & sustainable development.
e) Shall enter into partnership agreement with any organizations, development funding agencies, & other entities locally or internationally which are in line with its principles & programs, and for resource mobilization.
All partnerships and contracts entered into with the government shall be subject to the compliance with the national accounting & auditing procedures. A Memorandum of Agreement (MOA) shall be signed by the City government and PCBC to ensure accountability & transparency of fund management. Programs, projects and activity reports or records of similar nature are open to all inquiries from all concerned stakeholders, including from the local government for information.
f) The City insure the PCBC’s participation during the conduct of regular barangay & sectoral hearings and other public consultation on all matters affecting the general welfare, and/or submit all concerns & issues to the people for information and appropriate action.
g) Shall assist the City government in guaranteeing the maintenance and conduct of regular and/or information/ education program on City’s policies, program, projects and activities to adequately inform the people on issues & matters affecting their rights and welfare.
Section 6. Rights and Privileges of PCBC Members. - As members, they shall:
1) Internally, vote on matters which were referred or endorsed for action.
2) Elect, and to be elected as officer of the PCBC, including the rights to represent PCBP in local special bodies, task forces, committees and/or council,
3) Observe, participate and/or act as resource persons in public/committee hearings or consultations,
4) Participate, and if allowed, vote on issues being raised & discussed in the Local Health Board, Local School Board, PLEB, Local Peace and Order Council & other national or local bodies that are based in the City.
5) Observe, participate and/or submit recommendations to the City or its offices in the implementation, monitoring and evaluation of program & projects,
6) Member organizations elected to represent the PCBC shall have the sole prerogative to choose from among their bonafide members, the persons who shall sit-in the boards, councils, committees, task force and/or special bodies concerned. The PCBC shall develop criteria in selecting said representation.
Section 7. Structure & Internal Rules of PCBC. - PCBC shall provide its own organizational structure & internal rules, including but not limited to, appointing or designating members of its Secretariat, and, shall at all times, maintain adequate consultation & mechanisms in obtaining sentiments, views & suggestions or recommendations of all political parties or blocs, alliances or coalitions, groups, movements, government employees’ organization, other non-accredited but legitimate CSOs & private business organizations. Provided, that no non-accredited CSOs/NGO/PO and private business organizations may be nominated by the Council for endorsement in the City special bodies, nor they be granted the rights & privileges of accredited CSOs and private business organizations under this Ordinance.
Section 8. Non-Partisan Nature of PCBC. - The representatives of the PCBC are prohibited from engaging in partisan politics. For this end, PCBC shall adopt measures to ensure that it is adequately shielded from any political influence or partisanship.
Section 9. Recognition.-There shall only be One (1) PCBC which shall be recognized by the Sangguniang Panlungsod of Bacolod City.
Section 10. Accreditation of CSOs/NGOs/POs & Private Organizations. -Any City-based civil society organizations, non-government organization(NGO), people’s organization(PO) or private organizations in active operation for at least one(1) year maybe registered & accredited by the Sangguniang Panlungsod, upon submission of and/or compliance with the requirements provided in RA 7160, otherwise known as the Local Government Code of 1991 and its Implementing Rules & Regulations.
Section 11. Termination of Representatives from the PCBC. - PCBC, as a self-regulating Body, after due process may terminate any representative of CSOs/NGOs/POs & private organizations for violation of any provision of this Ordinance, its Internal Rules & Procedures and/or any of the terms & conditions set forth in its accreditation record. PCBC, therefore, shall inform the Sangguniang Panlungsod in matters of termination of any of its members.
Section 12. Membership in the Local Government Bodies. - All City government’s committees, boards, councils, task forces & special bodies, including other bodies mandated by the national government, shall have equitable & substantial representation of PCBC members, or its representatives, subject to the provisions of Rule X111 of the Implementing Rules and Regulations of the Local Government Code of 1991.
As such, the term of PCBC representatives as members to City government bodies shall be co-terminus with the members of the Sangguniang Panlungsod and the City Mayor, which shall not exceed one (1) or three (3) consecutive years.
Section 13. City Government Support. -The City government shall give support to the People’s Council of Bacolod City (PCBC), pursuant to Sections 35 & 36 of Chapter 1V of the Local Government Code of 1991 and/or Articles 65, 66, 67, 68, 69 & 70 of its Implementing Rules & Regulations.
The PCBC shall generate its own funds, and shall be allowed to accept donations. However, its acquired funds from the city government or from quasi-government corporations shall comply or be subjected to the government accounting & auditing procedures. Nevertheless, funds accessed from private organizations shall be governed by its internal auditing & procedures. Consistent with its avowed principles, PCBC shall observe transparency & accountability in the handling of its fund.
Section 14. PCBC Secretariat and Office. – There shall be a created Secretariat in the PCBC Council to be known as the PCBC Secretariat that will man its independent day-to-day affairs or operations. This Secretariat shall be composed of three (3) members, who shall be regularly paid by the City thru its pertinent annual budget allocation. Its functions and responsibilities shall be defined by the PCBC Council. And, although, it (Secretariat) is accountable to the PCBC Council, its members, who is employed by the City by virtue of this Ordinance shall be subject to the Civil Service laws.
Further, the City shall provide an adequate office for the PCBC as its center or office for operation. For this purpose, the City shall, from time to time, authorize the PCBC for center’s repair & maintenance.
Section 15. Oversight Committee - An Oversight Committee shall be established to monitor, evaluate or introduce appropriate recommendation to enhance this Ordinance. Towards this purpose, the incumbent Vice Mayor and the Majority Floor Leader of the Sangguniang Panlungsod shall be the Chairman & Vice Chairman, respectively, and who shall convene annually on the first week of July. The Committee members shall come from two (2) SP Members of the Minority group, Chair of the SP Committee on Laws, Chair of the SP Committee on Appropriation, 6 members from PCBC, CPDO head and the DILG –Bacolod head.
Section 16. Implementing Rules and Regulations - The Implementing Rules & Regulations(IRR) shall be drafted by the CPDO, DILG with PCBC and participation of Civil Society/Organizations and private business organizations within 60 days after the publication of this ordinance in newspaper/s of general circulation.
Section 17. Sanctions. - Non-compliance with this Ordinance shall be dealt with accordingly in accordance with pertinent national & local laws or pertinent rules & regulations.
Section 18. Budget. –For effective implementation of this Ordinance, an initial budget of Five Hundred Thousand Pesos(Php 500,000.00) from the general fund shall be allocated annually for PCBC’s operation.
And, upon the effectivity of this Ordinance, a Supplemental Budget shall be passed by the Sangguniang Panlungsod to cover its immediate required budget.
Section 19. Repealing Clause.– Prior Ordinances which are inconsistent with the provisions of this Ordinance shall be deemed repealed, amended or modified accordingly.
Section 20. Separability Clause. – If any provision of this Ordinance is held invalid, other provisions which are not affected shall remain in full force and effect.
Section 21. Effectivity Clause. –This Ordinance shall take effect on the Fifteenth (15th) day, after its publication in a newspaper of general circulation in the City of Bacolod, and ratification of its IRR by the Sangguniang Panlungsod.
WHEREAS, also under Sections 15 of Article X111(Social Justice and Human Rights provisions) of the same Constitution states that, “the State shall respect the role of independent people’s organization to enable the people to pursue and protect within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means;”
WHEREAS, likewise, Section 16 of the above stated Article further states that, “the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making shall not be abridged. The State shall by law facilitate the establishment of adequate consultation mechanisms;”
WHEREAS, Section 34 of the Local Government Code of 1991 or the Republic Act 7160 state, “Role of People’s and Nongovernmental Organizations. – Local government units shall promote the establishment and operations of people’s and nongovernmental organizations to become active partners in the pursuit of local autonomy;”
WHEREAS, section 35 of R. A. 7160 also states, “Linkages with People’s and Nongovernmental Organizations. – Local government may enter into joint ventures and such other cooperative arrangements with people’s and nongovernmental organizations 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;”
WHEREAS, to give spirit & substance to the said Constitutional provisions, which are likewise mandated by the Local Government Code of 1991 for the participation of NGOs/POs//private organizations in local governance, there is a need for the enactment of an Ordinance at the local level so as to strengthen and institutionalize the same;
NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORNAINED by the Sangguniang Panlungsod of the City of Bacolod in Regular Session assembled, that:
Section 1. Title. – The title of this ordinance shall be known as, “An Ordinance Strengthening & Institutionalizing the System of Private & Public Partnership (PPP) in the Governance of Bacolod City.”
Section 2. Definition of Terms. -
2.1 Non-Government Organizations (NGOs) - refer to duly-registered non-stock, non-profit
organizations focusing on the upliftment of the basis or disadvantaged sectors of society by providing advocacy, training, community organizing, research, access to resources, & other similar activities.
2.2 People’s Organizations(POs) – refer to a self-help group belonging to the basic sectors and/
or disadvantaged groups composed of members having a common bond of interest who voluntarily join together to achieve a lawful common social or economic end.
2.3 Private Organization – refers the organizations that operate privately and outside with the
ambit of the government
2.4 Private Business Organization – refers to private business organizations or entities that operate outside the government
2.5 PCBC - refers to the People’s Council of Bacolod City
2.6 Council or PCBC Council – refers to the established regulatory Body created in the
Ordinance
2.7 Secretariat or PCBC Secretariat – refers to the Body in the PCBC created in the Ordinance,
which is composed of three (3) persons that is responsible for the day-to-day affairs or operations of the Council
2.8 PLEB - refers to the People’s Law Enforcement Board
2.9 CPDO - refers to City Planning and Development Office -
2.10 PPP – refers to Public Private Partnership
Section 3. Statement of Policy. – It is the policy of the City of Bacolod to promote transparency in various levels of business transactions & activities in all levels of local governance.
For this purpose, all City department/ offices are mandated to observe utmost transparency and provide necessary papers to attain this objective.
Towards this end, the City of Bacolod recognizes the role of Civil Society Organizations, Non-Government Organizations, People’s Organizations and private or business organizations as twin partners in attaining this objective.
Institutionalize people’s participation and representation in all policy formulation and implementation of citizens’ project.
Section 4. General Assembly of Civil Society, NGO/PO, and Private Business Organizations, Its Nature & Functions.
A General Assembly (GA) of Civil society organizations(CSOs)/non-government/people’s organizations and private business organizations based in the City shall be held regularly, which will be convened by the DILG-Bacolod City Director, with the CPDO, and to be known as the People’s Council of Bacolod City (PCBC). It shall also be considered as the umbrella organization of all accredited CSOs/NGOs/Pos & private organizations, and further be considered as the Regular Body in the City of Bacolod,
PCBC shall elect among themselves their representatives to sit in the City Development Council (CDC), local special bodies, committees, task forces, and other similar working/technical groups created by the City. Its members & officers shall be co-terminus with the elected Chief Executive & the Members of the Sanggunian. It shall function as a local Special Body which is created by the City as defined in Section 3 of this ordinance.
Section 5. Functions & Responsibilities. – PCBC shall function as the accountability body of all accredited CSOs/NGOs/POs & private business organizations. It shall also act as the active partner of the City in local governance.
The following are its other responsibilities & functions:
a) In coordination with the CPDO, conduct research & data bank for sectoral concerns considered as urgent and critical for City’s basic information for development & planning,
b) Documentation and profiling of community initiatives in development & best practices.
c) Elect from among its member organizations, their respective representatives to the different local government bodies, boards, councils, committees, task forces and/ or special bodies.
d) Submit to the City government joint ventures and other cooperative undertaking to engage in the delivery of basic goods & services, capacity or capability building and livelihood projects, and to develop local enterprises designed to improve productivity & income, promote ecological balance & sustainable environment, and enhance economic & social well-being of the people within the framework of equitable & sustainable development.
e) Shall enter into partnership agreement with any organizations, development funding agencies, & other entities locally or internationally which are in line with its principles & programs, and for resource mobilization.
All partnerships and contracts entered into with the government shall be subject to the compliance with the national accounting & auditing procedures. A Memorandum of Agreement (MOA) shall be signed by the City government and PCBC to ensure accountability & transparency of fund management. Programs, projects and activity reports or records of similar nature are open to all inquiries from all concerned stakeholders, including from the local government for information.
f) The City insure the PCBC’s participation during the conduct of regular barangay & sectoral hearings and other public consultation on all matters affecting the general welfare, and/or submit all concerns & issues to the people for information and appropriate action.
g) Shall assist the City government in guaranteeing the maintenance and conduct of regular and/or information/ education program on City’s policies, program, projects and activities to adequately inform the people on issues & matters affecting their rights and welfare.
Section 6. Rights and Privileges of PCBC Members. - As members, they shall:
1) Internally, vote on matters which were referred or endorsed for action.
2) Elect, and to be elected as officer of the PCBC, including the rights to represent PCBP in local special bodies, task forces, committees and/or council,
3) Observe, participate and/or act as resource persons in public/committee hearings or consultations,
4) Participate, and if allowed, vote on issues being raised & discussed in the Local Health Board, Local School Board, PLEB, Local Peace and Order Council & other national or local bodies that are based in the City.
5) Observe, participate and/or submit recommendations to the City or its offices in the implementation, monitoring and evaluation of program & projects,
6) Member organizations elected to represent the PCBC shall have the sole prerogative to choose from among their bonafide members, the persons who shall sit-in the boards, councils, committees, task force and/or special bodies concerned. The PCBC shall develop criteria in selecting said representation.
Section 7. Structure & Internal Rules of PCBC. - PCBC shall provide its own organizational structure & internal rules, including but not limited to, appointing or designating members of its Secretariat, and, shall at all times, maintain adequate consultation & mechanisms in obtaining sentiments, views & suggestions or recommendations of all political parties or blocs, alliances or coalitions, groups, movements, government employees’ organization, other non-accredited but legitimate CSOs & private business organizations. Provided, that no non-accredited CSOs/NGO/PO and private business organizations may be nominated by the Council for endorsement in the City special bodies, nor they be granted the rights & privileges of accredited CSOs and private business organizations under this Ordinance.
Section 8. Non-Partisan Nature of PCBC. - The representatives of the PCBC are prohibited from engaging in partisan politics. For this end, PCBC shall adopt measures to ensure that it is adequately shielded from any political influence or partisanship.
Section 9. Recognition.-There shall only be One (1) PCBC which shall be recognized by the Sangguniang Panlungsod of Bacolod City.
Section 10. Accreditation of CSOs/NGOs/POs & Private Organizations. -Any City-based civil society organizations, non-government organization(NGO), people’s organization(PO) or private organizations in active operation for at least one(1) year maybe registered & accredited by the Sangguniang Panlungsod, upon submission of and/or compliance with the requirements provided in RA 7160, otherwise known as the Local Government Code of 1991 and its Implementing Rules & Regulations.
Section 11. Termination of Representatives from the PCBC. - PCBC, as a self-regulating Body, after due process may terminate any representative of CSOs/NGOs/POs & private organizations for violation of any provision of this Ordinance, its Internal Rules & Procedures and/or any of the terms & conditions set forth in its accreditation record. PCBC, therefore, shall inform the Sangguniang Panlungsod in matters of termination of any of its members.
Section 12. Membership in the Local Government Bodies. - All City government’s committees, boards, councils, task forces & special bodies, including other bodies mandated by the national government, shall have equitable & substantial representation of PCBC members, or its representatives, subject to the provisions of Rule X111 of the Implementing Rules and Regulations of the Local Government Code of 1991.
As such, the term of PCBC representatives as members to City government bodies shall be co-terminus with the members of the Sangguniang Panlungsod and the City Mayor, which shall not exceed one (1) or three (3) consecutive years.
Section 13. City Government Support. -The City government shall give support to the People’s Council of Bacolod City (PCBC), pursuant to Sections 35 & 36 of Chapter 1V of the Local Government Code of 1991 and/or Articles 65, 66, 67, 68, 69 & 70 of its Implementing Rules & Regulations.
The PCBC shall generate its own funds, and shall be allowed to accept donations. However, its acquired funds from the city government or from quasi-government corporations shall comply or be subjected to the government accounting & auditing procedures. Nevertheless, funds accessed from private organizations shall be governed by its internal auditing & procedures. Consistent with its avowed principles, PCBC shall observe transparency & accountability in the handling of its fund.
Section 14. PCBC Secretariat and Office. – There shall be a created Secretariat in the PCBC Council to be known as the PCBC Secretariat that will man its independent day-to-day affairs or operations. This Secretariat shall be composed of three (3) members, who shall be regularly paid by the City thru its pertinent annual budget allocation. Its functions and responsibilities shall be defined by the PCBC Council. And, although, it (Secretariat) is accountable to the PCBC Council, its members, who is employed by the City by virtue of this Ordinance shall be subject to the Civil Service laws.
Further, the City shall provide an adequate office for the PCBC as its center or office for operation. For this purpose, the City shall, from time to time, authorize the PCBC for center’s repair & maintenance.
Section 15. Oversight Committee - An Oversight Committee shall be established to monitor, evaluate or introduce appropriate recommendation to enhance this Ordinance. Towards this purpose, the incumbent Vice Mayor and the Majority Floor Leader of the Sangguniang Panlungsod shall be the Chairman & Vice Chairman, respectively, and who shall convene annually on the first week of July. The Committee members shall come from two (2) SP Members of the Minority group, Chair of the SP Committee on Laws, Chair of the SP Committee on Appropriation, 6 members from PCBC, CPDO head and the DILG –Bacolod head.
Section 16. Implementing Rules and Regulations - The Implementing Rules & Regulations(IRR) shall be drafted by the CPDO, DILG with PCBC and participation of Civil Society/Organizations and private business organizations within 60 days after the publication of this ordinance in newspaper/s of general circulation.
Section 17. Sanctions. - Non-compliance with this Ordinance shall be dealt with accordingly in accordance with pertinent national & local laws or pertinent rules & regulations.
Section 18. Budget. –For effective implementation of this Ordinance, an initial budget of Five Hundred Thousand Pesos(Php 500,000.00) from the general fund shall be allocated annually for PCBC’s operation.
And, upon the effectivity of this Ordinance, a Supplemental Budget shall be passed by the Sangguniang Panlungsod to cover its immediate required budget.
Section 19. Repealing Clause.– Prior Ordinances which are inconsistent with the provisions of this Ordinance shall be deemed repealed, amended or modified accordingly.
Section 20. Separability Clause. – If any provision of this Ordinance is held invalid, other provisions which are not affected shall remain in full force and effect.
Section 21. Effectivity Clause. –This Ordinance shall take effect on the Fifteenth (15th) day, after its publication in a newspaper of general circulation in the City of Bacolod, and ratification of its IRR by the Sangguniang Panlungsod.
4. An Ordinance Making Mandatory for all Utility Firms in Ensuring Proper Receipts of Monthly Bills by
Concessionaires.
Concessionaires.