Repusic ofthe Pipines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Certs, EDEA corer Quzon Avenue, Wee Tran, Qvaon Cy pg gop DILG Legal Opinion No. 18 S. 2016 HON. ALBERT S. GARCIA Governor Bataan 27 APR 2016 Dear Governor Garcia ‘This has reference to your letter dated 10 March 2016 requesting for an advice on whether the sanggunians of the different levels of local government units (LGUs) may pass ordinances for the selection of sectoral representatives whose salary and emoluments shall be included in their own appropriation? If not, you also asked on how the provisions of the Local Government Code on sectoral representations to the sanggunian be given life in the light of these circumstance: Per your letter, you already posed the same query before DILG-Region III where Director Florida Dijan in a letter dated 03 February 2016 made a prompt reply, thus: “xxx we regret to inform you that as of date, there still is no law providing for the manner of electing the sectoral representatives in all the Tocal sanggunias as provided under the Local Government Gode of 1991 save for the indigenous cultural minorities. Among the different sectors mentioned in the Local Government Code, only the sector of indigenous cultural minorities has an enabling law (o install them in the different sanggunians. Similarly, there is yet no implementing rules or guidelines (pertaining to the organization of the women, agricultural and industrial workers, and urban poor and disabled persons from which their representatives may be selected and/or nominated.” Hence, your subject letter-appeal to the Gentral Office. We maintain the position of RD Dijan on the matter as embodied in her letter dated 03 February 2016 to Mr. Aurelio C. Angeles, Jr., Provincial Legal Officer, Province of Bataan, In order to elucidate our position on the matter, may we invite your attention to the following provisions of Republic Act No. 7160 or the Local Government Code of 1991, to wit:Section 41 (b) and (c) of the Local Government Code of 1991 “SECTION 41. Manner of Election xxx (6) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district, as may be provided for by law. Sangguniang barangay members shall be elected at large. ‘The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex-oflicio members of the sangguniang panlalawigan concerned, The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters, as provided in this Code, shall serve as ex-officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan. (c) — In_addition thereto, there shall_be_one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any_of the following sectors: _the_urban poor, indigenous cultural ‘communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding ofthe ‘next local elections, as may be provided for by law. The GOMELEC shall promulgate the_rules and regulations to effectively provide for the election of such sectoral representatives.” (Emphasis Supplied) Section 446 of the Local Government Code of 1991 SEC. 446, Composition —(a) The sangguniang bayan, the legislative body of the municipality, shall be composed of the municipal vice-mayor as the presiding officer, the regular sanggunian members, the president of the municipal chapter of the liga ng mga barangay, the president of the of the municipal chapter of the liga ng mga barangay, the president of the pambayang pederasyon ng mga sanggunang kabataan, and the sectoral representtaives, as members. (b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the Iocal elections, one (1) from the agricultural or industrial workers; and one () from the other sectors, including the urban poor, indigenous cultural minorities, or disabled persons. (©) The regular members of the sangguniang bayan and the sectoral representatives shall be elected in the manner as may be provided for by law.” (Emphasis Supplied)Section 457 of the Local Government Code of 1991 “SEC. 457. Composition.- (a) The sangguniang panlungsod, the legislative body of the city, shall be composed of the city vice-mayor as presiding officer, the regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members. (b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the Jocal elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural minorities, or disabled persons. (©) The regular members of the sangguniang panlungsod and the sectoral representatives shall be clected in the manner as may be provided for by law.” (Emphasis Supplied) Section 467 of the Local Government Code of 1991 “SEC. 467. Composition. (a) The sangguniang panlalawigan, the legislative body of the province, shall be composed of the provincial vice governor as presiding officer, the regular sanggunian members, the president of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang kabataan, the president of the provincial federation of the sanggunian members of municipalities and component cities, and the sectoral representatives, as members. (6) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the Jocal elections, one (1) from the agricultural or industrial workers; and one (i) from the other sectors, including the urban poor, indigenous cultural minorities, or disabled persons. (c) The regular members of the sangguniang panlalawigan and the_sectoral_represemtatives shall be elected in the manner as may be provided for by law.” (Emphasis Supplied)