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MOP, Bk 14, v.5, 529

[ ADMINISTRATIVE ORDER NO. 187, July 30, 2007 ]

REVISED RULES AND REGULATIONS IMPLEMENTING TITLE I, SECTION 6 OF REPUBLIC ACT NO. 8425, OTHERWISE KNOWN AS THE “SOCIAL REFORM AND POVERTY ALLEVIATION ACT”



WHEREAS, the formation of sectoral councils, the nomination process, recall procedures and such other mechanisms to ensure accountability of the sectoral representatives to the National Anti-Poverty Commission (NAPC) shall be governed by rules and regulations issued by the President pursuant to Title I, Section 6 of republic Act No. 8425;

WHEREAS, in order to ensure that those appointed as members of the NAPC truly represent the best interest of the sectors they are supposed to represent;

WHEREAS, under the law, the sectoral councils possess the right to nominate the appointees of the President;

WHEREAS,
it is necessary that the organizations comprising the sectoral councils must be legitimate sectoral organizations with valid reform agenda for their sectors;

WHEREAS, there exists a pressing need to make NAPC processes more inclusive, unified, cohesive, efficient and effective so that the law can be better implemented;

NOW, THEREFORE I, GLORIA M. ARROYO, President of the Philippines, by virtue of the powers vested in me by law do hereby order:

1.
Sectoral general assembly composition:

1.1.
The General Assembly of each sector shall be composed of organizations duly accredited by the Office of the President.
1.2.
With due consideration to the recommendations of the NAPC Lead Convenor, the President shall appoint the organization/s that will act as secretariat to process the accreditation of organizations.

2.
Eligibility for membership to the sectoral councils:

2.1.
Any accredited organization may be eligible for membership in the sectoral councils except those which directly or indirectly espouse or support armed struggle.


2.2.
 Except for the Non-Governmental Organization (NGO) sectoral council, only people’s or mass-based organizations largely composed of members belonging to the particular sector and whose programs and activities are geared towards uplifting the sector’s situation are eligible to be part of the sectoral councils.

3.
Composition of the sectoral councils:

3.1.
Each sectoral general assembly shall elect 20-25 organizations to their sectoral council following a process approved by the NAPC Lead Convenor.

3.2.
The composition of all sectoral councils shall have the following distribution:

o
At least 50% shall be organizations with national constituency

o
At least two (2) representatives each of the local organizations shall come from the National Capital Region, Luzon, Visayas and Mindanao
o
At least 30% of all sectoral council representatives shall be women

3.3.
Except for the NGO sectoral council, all other councils shall be composed of people’s or mass-based organizations whose membership largely belong to the sector and whose programs and activities are geared toward improving the sector’s conditions.

4.
Nomination process for sectoral representatives:

4.1.
Each of the sectoral councils shall elect three (3) nominees from which the President will appoint sectoral representatives.

4.2.
At least one (1) of the nominees shall come from an organization with national constituency and the other two (2) shall not come from organizations in the same major island grouping, i.e., Luzon, Visayas, Mindanao.

5.
Recall procedures:

5.1.
The President may recall her/his appointed sectoral representatives consistent with the Presidential power of appointment.

5.2.
The sectoral council may initiate a recall process against its sectoral representative following at least a 2/3 vote of the council and based on grounds approved by the President upon recommendation of the NAPC Lead Convenor.

5.3.
The recall process based on 5.2. shall be drafted by the NAPC secretariat and approved by a simple majority vote of NAPC members.

6.
The Lead Convenor of NAPC is hereby directed to immediately inform by the widest means possible all national and local organizations that they have to gain accreditation from the Office of the President as a condition precedent to becoming members of the sectoral general assemblies under this Administrative Order.

7.
The Lead Convenor of NAPC is hereby direct to follow the provisions of this Administrative Order upon its effectivity in relevant NAPC processes.

8.
All other orders or issuances inconsistent with this Administrative Order are hereby superseded and repealed or modified accordingly.

9.
This Administrative Order takes effect fifteen (15) days from its publication in the Official Gazette or a newspaper of general circulation.

DONE IN THE CITY OF MANILA THIS 30TH DAY OF JULY 2007.

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary
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