Title 20 – Non-Government Organization, People’s Organization and Private Sector


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Chapter I

Accreditation of NGO, PO and Private Sector

Section 1. Objectives:

  1. To ensure the validity of documents required for accreditation;
  2. To ensure that such application will be given due attention to speed-up the evaluation/screening of the same;
  3. To ensure that the accreditation process will be completed within sixty (60) days; and
  4. To determine the accountability relationship between the NGOs/POs/PS and the Government Sector.

Section 2. – Composition:

The Screening Committee of NGOs, Pos, and PS Accreditation shall be composed of the following:

Chairperson: City Planning & Development Office
Vice-Chairperson: Department of the Interior and Local Government representative

Members:

  1. City Social Welfare and Development Office
  2. City Environment and Natural Resources Office
  3. City Budget Office
  4. City Economic Management and Cooperative Development Office
  5. Local Finance Committee Action Officer
  6. Chairman, Committee on Rules and Internal Government
  7. Two (2) representatives from LGU – NGOs/PO Council

Section 3. Term and Appointment:

The members of Screening Committee of NGOs, POs, and PS Accreditation shall be selected/appointed by the Sangguniang Panlungsod. The term of office of a selected representative shall be co-terminus with the SP.

Section 4. Functions and Responsibilities:

4.1 Screening Committee of NGOs, POs, and PS Accreditation:

  • Collects and processes report of the Technical Working Group (TWG) on the activities undertaken by NGOs/POs/PS who applied for accreditation to the Sangguniang Panlungsod;
  • Analyzes the problems/information on the document submitted by NGOs/POs/PS as verified by the TWG;
  • Institutes sanctions to NGOs/POs/PS who shall be found intentionally providing false informations in the documents submitted for purposes of accreditation;
  • Holds monthly meeting or as often as necessary to discuss pertinent matters concerning the validity of NGOs/POs/PS documents;
  • Endorses validated documents of NGOs/POs/PS to Sangguniang Panlungsod for accreditation.

4.2 The Screening Committee of NGOs, POs, and PS Accreditation shall be backed up by the Staff of the Office of the City Planning and Development Coordinator (to be undertaken by the Project Evaluation Division) with the following responsibilities:

  1. Receives NGOs/POs/PS documents from the Sangguniang Panlungsod for Screening/Validation by SC;
  2. Schedules and convenes meetings of the SC;
  3. Monitors and evaluate the reliability of the NGOs/POs/PS as evidence by the preparations of annual reports and conduct of annual meetings duly certified by the Board Secretary;
  4. Provides the screening committee the list of all NGOs/POs/PS who applied for accreditation to the Sangguniang Panlungsod;
  5. Provides the Screening Committee with list and schedule of names of NGOs/POs/PS applicants; and
  6. Provides the screening committee relevant information regarding the status of the NGOs/POs/PS who applied for accreditation.

Section 5. Scope and Coverage:

Assessment/Validation of NGOs/POs/PS documents by the Screening Committee of NGOs, POs, and PS Accreditation shall cover only those NGOs/POs/PS who have applied for accreditation to the Sangguniang Panlungsod.

Section 6. Procedures:

For purposes of consistency, this ordinance hereby adopts some provisions on NGOs/POs/PS partnership from the Local Government Code of R.A. 7160 and circulars of the national agencies such as the Department of Interior and Local Government (DILG), Department of Budget and Management (DBM).

The following are the procedures for the accreditation of the NGOs/POs/PS:

  1. The interested NGOs/POs/PS shall submit the required documents to the Sangguniang Panlungsod (SP);
  2. The SP endorses the documents of the NGOs/POs/PS to the Executive Screening Committee for validation by the Technical Working Group;
  3. The TWG assesses/screens and takes proper action (e.g. recommends to the Sangguniang Panlungsod the accreditation of NGOs/POs/PS);
  4. The Committee and SP has 60 days to complete the accreditation process;
  5. SP sends notice of status of accreditation to NGOs/POs/Ps concerned.

The NGOs/POs/PS shall be accredited based on the following criteria:

  1. Certificates of registration with the Securities and Exchanges Commission (SEC), and/or with either the Cooperative Development Authority (CDA) or the Department of Labor and Employment (DOLE), as the case may be, depending on the nature of service required or to be rendered, this is to ensure that the NGOs/POs/PS has a legal personality, has officers who are responsible and accountable for its operations, and is based in the community;
  2. Financial Statement for at least one (1) year of operation to ensure that the organization has a stable financial condition;
  3. Organizational Profile showing its structure to include its objectives/purposes;
  4. List of projects implemented for at least one (1) year;
  5. Board Resolution of the organization seeking accreditation;
  6. Registration with the Securities and Exchange Commission, Cooperative Development Authority, Department of Labor and Employment, Department of Social Services and Development or any other NGA that accredits peoples organizations, NGOs or the private sector, if not registered, the said organization may be recognized by the Sanggunian for purpose only of meeting the minimum requirements for membership of such organization in local special bodies;
  7. Organization purpose and objectives includes community organization and development, institution building, local enterprise development, capability building and similar developmental objectives and considerations;
  8. Community based with project development and implementation track record of at least one year;
  9. Reliability as evidenced by the preparations of annual reports and conduct of annual meetings duly certified by the Board Secretary;
  10. List of officers.

 

Chapter II

Partnership Between Accredited Non-Government Organization, People’s Organization, or Private Sector

Section 1. This ordinance shall be known as the “Empowerment Ordinance of General Santos City”.

Section 2. The City Government of General Santos, as a creation of the sovereign people, shall at all times adhere to the following principles of governance:

  1. The will of the people shall always reign supreme. It shall be the prime responsibility of any government to ensure that such will is at all times manifested and enforced;
  2. The will of the people can best be determined if they organize themselves to address their sectoral or common concerns;
  3. Effective and efficient governance is best achieved if the people share its responsibilities. A system of partnership between the governor and the governed shall guarantee that the sovereignty effectively resides in the people. Without participation, there can be no genuine empowerment, without empowerment, there can be no genuine participation;
  4. Promote the establishment and operation of People’s and Non-Government Organizations in the local government unit to become active partners in the pursuit of local autonomy.

Section 3. The City Government of General Santos hereby declares itself open to a partnership with duly accredited General Santos City based people’s organizations (POs), non-government organizations (NGOs) and private sector (PS) in the conception, implementation and evaluation of all government activities and functions.

Section 4. As used in this Ordinance, the following terms shall mean:

  1. Non-Government Organizations (NGOs) – Any aggrupation of individual objectives for the community or sector thereof and is committed to the task of socio-economic development and is established primarily for the provision of service to entities other than its members. Such services may involve assisting citizens or people’s organization in various ways of educating, training or giving financial assistance to them;
  2. People’s Organizations (POs) – Any organization that is established to protect and advance specific causes or the interest of specific sectors e.g., labor, farmers, fisherfolks, women, peasant, youth, urban poor, disabled, senior citizens, drivers, etc., not organized for religious purposes or partisan politics, and whose primary concern is the advocacy of sectoral issues, and or the realization of specific developmental objectives for their sector for the promotion of their own common interest;
  3. Private Sector (PS) – An aggrupation of individuals and/or organizations established to promote and advance the common interest of their sector, e.g. professional, trade, industry or chamber, civic and welfare groups established either a chapter/branch of a national organization or originally founded and based in General Santos City;
  4. Cooperative – A duly registered association of persons, with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principle;
  5. City Government – refers to the City Government of General Santos City;
  6. Network and/or Coalition of Networks – an aggrupation of accredited NGO or PO or PS or a combination of either two or more networks;
  7. People of General Santos – refers to an organized accredited NGO, PO and PS acting as representatives of the people in bringing its agenda for partnership in the local governance as provided in the Local Government Code;
  8. Partisan Political Activity – refers to any activity statement or manifestation, which solely or primarily serves to campaign for or against any particular political party of any candidate for any elective public office.

Section 5. Any NGOs, POs, and PS based in this City actively operating for at least one (1) year prior to the application for accreditation may be registered and accredited by the Sangguniang Panlungsod upon submission and compliance with the following requirements:

  1. Brief History, Proof of Existence and Operation in General Santos City for at least one (1) year prior to the application of the accreditation;
  2. Proof of activities held in pursuit of developmental objectives or of organizational activities conducted;
  3. Program of activities planned for the year following the date, of Application for Accreditation;
  4. Copies of its constitution and by-laws, articles of incorporation and certificate of registration from any appropriate government agency i.e. SEC, CDA, DOLE, DSWD, etc;
  5. List of officers and members of good standing;
  6. Financial statement and declaration of assets and liabilities; and
  7. Board resolution manifesting a decision to seek accreditation and participation under this Ordinance.

Individual NGO, PO and PS and all Networks, Coalition, Alliances and Federations of NGOs, POs, PS shall apply for a separate accreditation for purposes of recognition and to qualify as a legitimate partner of the City Government of General Santos.

Any NGOs, PO and PS whose application for accreditation has been approved shall be issued a certificate of accreditation containing, among others, the terms and conditions for the maintenance of its accredited status.

The Sangguniang Panlungsod, however, may from time to time, and in consultation with the accredited NGO, POs and PS Network and/or Coalition of Networks and other accredited NGO, PO and PS, impose such other requirements and condition for accreditation as it may deem appropriate to best adhere to the principle behind the enactment of this Ordinance.

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

Section 6. The Sangguniang Panlungsod may, in consultation with the NGO, PO, and PS Network and after hearing, withdraw any accreditation granted to any Non-Government Organization or People’s Organization/Private Sector for violation of any provision of this Ordinance.

Section 7. The Sangguniang Panlungsod shall create a special committee from among its members for purposes of processing applications for accreditation, monitoring compliance with the conditions for accreditation, recommending withdrawal thereof, and initiating necessary and desirable legislative measures for the effective performance of its tasks.

Section 8. Accredited NGOs, POs and PS may:

  1. Enter into joint ventures and other cooperative undertakings with the City Government to engage in the delivery of basic services, capability-building and livelihood projects and to develop local enterprises designed to improve productivity and income, diversify agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people within the framework of equitable and sustainable development;
  2. May receive grants, assistance, financial or otherwise, from the City Government for economic, socially oriented, environmental, or cultural projects to be implemented within the territorial jurisdiction of the City;
  3. Assert their legitimate role as equal partners in development and have the right to equal access to funding and other resources both local and foreign, without compromising their principle of autonomy;
  4. They also have the right to propose and implement alternative development strategies and programs and the right to have free and unhampered access to information.

Section 9. All accredited NGOs, POs and PS may organize themselves into a single Network of NGO, PO, and PS or form a coalition of networks which shall, upon application made to the Sangguniang Panlungsod, be recognized as their representative, and through which their rights, privileges and responsibilities under this ordinance may be exercised.

For this purpose, the Department of the Interior and Local Government shall, not later than ninety (90) days from the effectivity thereof, call for convention of all accredited NGOs, POs, and PS to facilitate the formal organization of the Network or Coalition of Networks.

Section 10. The Network or Coalition of Networks shall determine its own organizational and internal rules but shall at all times provide for adequate consultation mechanisms for purposes of obtaining the views and suggestions of all non-accredited but legally organized NGOs, POs, and PS, and accredited NGOs, POs and PS which are not members of the network. However, non-accredited NGO, POs, and PS shall not be nominated by the Network or Coalition of Networks for membership in the city’s special bodies nor may be granted the rights and privileges of accredited NGOs, POs, and PS under this Ordinance; Furthermore, no provision herein be interpreted to prohibit the network from changing its name or from being organized other than for the purposes of this ordinance.

Section 11. There shall be the only one (1) NGO, PO and PS Network or Coalition of Networks in General Santos City which shall be recognized by the Sangguniang Panlungsod within thirty (30) days from the filing of the application for recognition. If the Sanggunian fails to act on the same within the said period, the application shall be deemed automatically granted.

Recognition of Network or Coalition of Networks once granted shall not be withdrawn except upon action by a petitioner and upon showing that the network or Coalition of Networks no longer possesses most of the foregoing qualifications or has allowed itself or any of its member organizations to engage or be used primarily for religious purposes or partisan political activities. Government Organizations shall not entertain and exercise jurisdiction over internal and/or inter-organizational conflicts within the Network.

Section 12. Upon recognition, the Network of NGOs, POs and PS or Coalition of Networks shall, in accordance with its appropriate policies and elect or recommend from among its member organizations representatives to all government bodies, boards, councils committees, task forces, special government bodies and other similar work groups which the law may create.

Member Organizations elected or recommended to represent the Network or Coalition of Networks shall have sole prerogative to choose from among their bona-fide members the persons that shall seat in the board, council, committee, task force and/or special bodies concerned. Unless otherwise provided herein, such representatives shall at least be twenty-five percent (25%) of the membership of the board, council, committee, task force or special body.

Participation of the Network/Coalition of Networks or any of its organizations in the deliberation, conception, implementation and evaluation of government activities and functions shall be without any compensation or remuneration. The City Government of General Santos however, shall provide for the necessary office spaces, facilities and/or equipment for said participation of the Network.

Representatives of the Network/Coalition of Networks  may  observe, vote and participate in the deliberation, conceptualization, implementation and evaluation of projects, activities and  programs of the City Government, proposed legislation and participate and vote at the Committee level of the Sangguniang Panlungsod, and/or act 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.

Section 13. The Network/Coalition of Networks shall not engage in, or allow itself to be used for purposes of partisan politics or religious activity and shall adopt such measures to ensure that it is adequately shielded from any religious or political partisanship or influence.

The Network or Coalition of Networks shall:

  1. Strive to create an atmosphere of openness and mutual respect based on the perspective that NGOs, POs, and PS perform an important role in a democratic society;
  2. Coordinate on a selective and critical basis with the different branches of government with the aim of promoting further the Network/Coalition of Networks interests;
  3. Foster a continuing dialogue especially in areas and programs were both City Government of General Santos and the Network/Coalition of Networks are involved;
  4. Insist on a mutually agreed upon objectives and methodologies for specific projects, while maintaining the independence and autonomy of the Network or Coalition of Networks;
  5. Act as fiscalizers of the government, especially in relation to the implementation of policies and programs and the performance of government officials in areas and communities in which the Network or Coalition of Networks is involved;
  6. Act as the clearing house in facilitating any assistance, exchange of information, experience and expertise among its member NGO, PO, and PS.

Section 14. There shall be three (3) sectoral representatives: one (1) from the women; and as shall be determined by the sanggunian within ninety (90) days prior to the holding of the local elections, one (1) from agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disabled persons.

The term of office of the elected sectoral representatives shall be co-terminus with the term of the regular members of the Sangguniang Panlungsod. They shall enjoy the same powers, privileges, benefits and responsibilities, as the regular members of the Sangguniang Panlungsod.

Section 15. The guidelines for and the conduct of the elections for sectoral representatives shall be issued and supervised by the Commission on Elections (COMELEC) and the Department of the Interior and Local Government (DILG) in coordination with the City Government which shall advance the necessary expenses thereof. No government official or employee shall directly or indirectly intervene or influence the conduct or result of the election.

Section 16. It shall be the inherent right of the citizens of General Santos City to organize NGO, POs and PS themselves in order to address their common concerns to promote their general welfare, and/or serve the city and their communities and interests.

Section 17. An annual City Government of General Santos appropriation based on the Medium-Long Term Plan prepared by the joint committee of the Network/Coalition of Networks and the City Government shall be appropriated from the twenty (20%) percent LGDF of the City Government for purposes of developmental activities of the Network/Coalition of Networks in accordance with mandated utilization of the twenty (20%) percent LGDF.

The NGO, PO, and PS Network and the City Government shall form a joint committee to prepare a Medium-Long Term Plan for annual budget allocation and the disbursement of this fund is subject to the existing accounting rules and regulations. Once approved, such program and guidelines shall not be modified except upon the concurrence of the Network/Coalition of Networks. A Memorandum of Agreement shall be forged for this purpose.

Section 18. It shall be the principal obligation of the City Government to conduct regular public, barangay and sectoral hearings and consultations on all matters affecting the general welfare, and/or submit all controversial issues and legislations to the people in a referendum or plebiscite specially called for the purpose, upon two-thirds vote of the Sangguniang Panlungsod and subject to the provisions of existing laws.

Section 19. The City Government may maintain a daily radio and/or regular television information program on city policies, programs, projects and activities in at least one credible and popular radio station and one television channel to adequately inform the people on issues and matters affecting their rights and welfare.

The City Library, City Public Information Office and the City Planning and Development Office shall develop and implement public information, cultural and general education program for the people through films, video and other visual aids. The City Library shall serve as the repository of all information and documents related hereto.

The City Government and the Network/Coalition of Networks shall jointly create and provide for the composition of the Committee of for General Santos City History, Culture and Arts. Such Committee shall be institutionalized by an ordinance and an annual appropriation, shall be separated and independent of any other body for the promotion of the National/Local Culture and Arts.

Section 20. There shall be a manual of partnership that will serve as the Implementing Rules and Regulations (IRR) to set the details and guidelines to operationalize this Ordinance. A special working group shall be created to craft this manual.

 

-oOo-


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