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Draft Ordinance SPPO NO

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Draft Ordinance SPPO NO Draft Ordinance SPPO NO. _____ WHEREAS, Section 34, Book I, Title I of Republic Act Numbered Seventy‐One Hundred and Sixty (RA 7160), otherwise known as “The Local Government Code of 1991,” enjoins local government units to promote the establishment of peoples’ organizations (POs) and non‐ government organizations (NGOs) to become active partners thereof in the pursuit of local autonomy; WHEREAS, Section 35, Book I, Title I of the same RA 7160 also authorizes LGUs to enter into joint ventures and such other cooperative arrangements with POs and NGOs to engage in the delivery of certain basic services, capability‐building and livelihood projects, develop local enterprises designed to improve productivity and income, enhance the economic and social well‐being of the people, among others; WHEREAS, Section 36, Book I, Title I of the same RA 7160 further authorizes LGUs, through their respective local chief executives and with the concurrence of the Sanggunian concerned, to provide assistance, financial or otherwise, to such POs and NGOs for economic, socially‐oriented, environmental, or cultural projects to be implemented within its territorial respective jurisdictions; WHEREAS, Memorandum Circular 2010‐73 issued by the Department of the Interior and Local Government (DILG) on August 04, 2010, while reiterating the applicable provisions of the Local Government Code of 1991 and its Implementing Rules and Regulations, has provided such other clarificatory guidelines relative to the accreditation of POs, NGOs, and other organized groups in the selection of their representatives to Local Special Bodies; WHEREAS, this Sanggunian deems necessary in the pursuit of local autonomy the acknowledgment of established Purok or Sitio as institutionalized POs to formalize and further galvanize whatever subsisting partnerships or other practical or customary relations which have been going on between the LGU, the barangay, other government agencies, NGOs, and these socioeconomic entities; NOW, THEREFORE, on motion of City Councilor Franklin M. Gacal Jr., duly seconded by City Councilor(s) _______________________, be it – RESOLVED, as it is hereby resolved, to enact this Ordinance: ORDINANCE NO. _____ SERIES OF 2013 AN ORDINANCE ACKNOWLEDGING THE VARIOUS ESTABLISHED PUROKS OR SITIOS IN THE CITY OF GENERAL SANTOS AS INSTITUTIONALIZED PEOPLES’ ORGANIZATIONS, DEFINING THE EXTENT AND LIMITS OF ITS POWERS AND FUNCTIONS AS SUCH, FIXING A UNIFORM TERM OF OFFICE FOR PUROK OR SITIO OFFICIALS INCLUDING THEIR DUTIES AND RESPONSIBILITIES AND FOR OTHER PURPOSES ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ HON. SHIRLYN L. BAÑAS‐NOGRALES – AUTHOR HON. FRANKLIN M. GACAL JR. – CO‐AUTHOR & PRINCIPAL SPONSOR ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 1 OF 10 Be it ordained by this Sangguniang Panlungsod that: ARTICLE I GENERAL PROVISIONS Section 1. Short Title. ‐ This Ordinance shall be known as The “Purok Empowerment Ordinance of the City of General Santos.” Section 2. Definition of Terms. ‐ For the purposes of this Ordinance, the following terms shall be understood to mean as follows: a. Barangay – shall refer to the smallest political unit used in governance which serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized, and considered, and where disputes may be amicably settled. b. Bayanihan – shall refer to the spontaneous tendency unique among Filipinos to extend labor and other forms of practical assistance without any remuneration or compensation to a person, family, clan, sect, or any group of people in need of such labor assistance which, in the Visayan vernacular, is also called “Dagyaw.” c. Institutionalize – shall mean the process of conferring to the Purok or Sitio the personality of a People’s Organization (PO), therefore, making the organization become entitled to the benefits available thereto, within the ambit of the provisions of RA 7160, its Implementing Rules and Regulations, rules and regulations of the DILG, and such other applicable laws, rules and regulations. d. Peoples’ Organization (PO) – shall refer to such groups of people with an identifiable leadership structure and membership outside of government, except for religious groups, who are organized for the attainment of some legitimate aspirations or established to promote the public interest, e.g., labor unions, peasant groups cooperatives, and such other similar organizations of people which may either be profit‐oriented or nonprofit‐ oriented which fall under the category of “civil society organizations” as classified under DILG Memorandum Circular No. 2010‐73, dated 04 August 2010. e. Police Power – shall refer to the basic power inherent in the Government to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the people, and which enables the State to prohibit all that is hurtful to the comfort, safety, or welfare of the society. f. Purok or Sitio – shall refer to the community of households found within the barangays, which has been in existence thereat for quite a long period PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 2 OF 10 of time already, having its own set of officers and members including such rules or by‐laws to govern its organization as such, and organized for purposes relative to maintaining peace and order, or beautification of the community, or such other purposes relative to the promotion of public interest or the general welfare, however, in manners which do not, in any way or at any given time, involve the exercise of Police Power or anything exclusive only to the Government or its agencies to execute. Section 3. Policy Statement. – Consistent with Sections 34, 35, and 36, Title I, Book I of Republic Act Numbered Seventy‐One Hundred and Sixty (RA 7160), otherwise known as The Local Government Code of 1991, this Sanggunian, in its pursuit of acknowledging the various established Puroks or Sitios in the City of General Santos City as institutionalized Peoples’ Organizations (POs), hereby adheres to the following policies, to wit: a. That the city’s Local Government Unit shall commit to respect the existence and operation of the Purok or Sitio as an independent non‐ partisan community of people whose organization as such is outside of government control: Except, on certain cases wherein government intervention may be deemed appropriate or necessary in the interest of promoting public service or the general welfare,. b. That the city’s Local Government Unit shall commit to enable the Purok or Sitio become empowered partners of the government and non‐ government organizations (NGOs) towards full development through such means that support these POs to develop into a self‐sufficient organization of people. c. That the city’s Local Government Unit shall commit to pursue the recognition and institutionalization of the Purok or Sitio as POs within the ambit of the pertinent provisions RA 7160, its Implementing Rules and Regulations, the applicable rules and regulations of the Department of the Interior and Local Government (DILG), and such other related laws, rules, and regulations. d. That the institutionalization of the Purok or Sitio shall cause to delineate its role as People’s Organization (PO) established merely to promote socioeconomic activities as distinguished from the barangay, which is being recognized by law as the smallest political entity used for governance either as a primary planning and implementing unit, or as forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled. e. That the institutionalization of the Purok or Sitio shall, by no means, be used as an instrument of any sort of partisan politics, or facilitate to directly or indirectly cater, at any given period of time, to the processes or interests of any sort of partisan politics through the individual or concerted actions of Purok or Sitio officers. f. That the institutionalization of the Purok or Sitio shall be for the chief purpose of enabling the organization to independently carry out its powers and functions as such, and to efficiently and effectively assist the PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 3 OF 10 LGU, the barangay, and other government agencies towards achieving their respective goals. g. That the institutionalization of the Purok or Sitio shall, under no circumstances or period of time, cause to confer upon this People’s Organization (PO) Police Power or any semblance thereof. Section 4. Powers and Functions of Institutionalized Purok or Sitio. – The following are the powers and functions that an institutionalized Purok or Sitio may exercise in its relations with the city’s LGU, the barangay, other government agencies, or any other concerned NGOs, to wit: a. To promulgate, alter, or modify its own set of by‐laws thereby defining the organization’s nature, e.g., procedures of membership, qualification or disqualification of officers and members, manner of election of officers, administrative policies, rules of procedures, and such other necessary rules or guidelines to govern its existence as such: Except, to
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