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ADMINISTRATIVE ORDER NO. 11
ADMINISTRATIVE ORDER NO. 11 -
APPROVING AND DIRECTING THE IMPLEMENTATION OF THE IMPLEMENTING RULES
AND REGULATIONS OF RA 8425 GOVERNING THE CREATION OF THE NATIONAL
ANTI-POVERTY COMMISSION
WHEREAS, the goal of the Administration is
to reduce poverty and improve quality of life of the poor;
WHEREAS, the Social Reform Agenda has laid the foundation for
anti-poverty efforts characterized by its multi-dimensional approach to
poverty as provided on its three-point agenda namely: a) Access to
Quality Basic Services; b) Asset Reform and Access to Economic
Opportunities and Sustainable Development of Productive Resources; and
c) Democratizing Governance Decision-Making and Management Practices;
WHEREAS, the Social Reform Agenda has been institutionalized to be a
major component of the National Anti-Poverty Action Agenda through the
Republic Act No. 8425 or the Social Reform and Poverty Alleviation Act;
WHEREAS, the Social Reform Agenda is being implemented both at the
national and local levels; thus, its systems, policies and structures
can be the mechanism by which the Administration can efficiently reduce
poverty on a sustained basis;
WHEREAS, RA 8425, the Social Reform and Poverty Alleviation Act,
mandates the creation of the National Anti-Poverty Commission;
WHEREAS, RA 8425 mandates the National Anti-Poverty Commission to
formulate a National Anti-Poverty Action Agenda which shall principally
incorporate the goals, programs and strategies of the Social Reform
Agenda;
WHEREAS, there is a need to formulate and implement the implementing
rules and regulations governing the creation of NAPC to formulate,
operationalize and oversee the Government's National Anti-Poverty
Action Agenda;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:
1. The Implementing Rules and Regulations Governing
the Creation of the NAPC , hereto attached as "Annex A", is hereby
approved, and adopted.
2. The NAPC Lead Convenor is hereby directed to
coordinate the formulation of the National Anti-Poverty Action Agenda
and the operationalization of the Administration's Flagship Programs on
Anti-Poverty. He shall be responsible for orchestrating and
coordinating the implementation of the Flagship Lead Agencies'
activities and efforts for the achievement of the goals and objectives
under the Administration's National Anti-Poverty Action Agenda.
3. The SRA Flagship agencies and all other
appropriate government departments and agencies are hereby directed to
undertake the following in order to flesh out the Flagship Programs:
a. To review and re-align their respective existing
SRA programs and projects and/or identify and commit new programs and
projects to operationalize the Flagships;
b. To commit agency resources in order to
operationalize all the programs and projects identified and committed
for this purpose; and
c. To convene, consult, and confer with appropriate
sectoral organizations, and basic sectoral councils to flesh out the
different program/project components of the Flagship Programs on
Anti-Poverty and their geographic areas for implementation.
4. The Lead Convenor shall create a Technical Working
Group composed of senior technical representatives from Flagship
Agencies and other relevant agencies as well as representatives from
the basic sectors to formulate the mechanics for this purpose. The
group shall also submit recommendations for fund augmentation and
generation both within and outside of the General Appropriations Act,
for the implementation of the Flagship Programs.
5. The NAPC Lead Convenor shall submit the
recommendations to the Office of the President within sixty (60) days
upon the effectivity of this Administrative Order.
Done at Malacañang, Manila, this 27th day of July, in the Year
of Lord, Nineteen Hundred and Ninety-eight.
IMPLEMENTING
RULES & REGULATIONS OF REPUBLIC ACT 8425 OTHERWISE KNOWN AS THE
SOCIAL REFORM AND POVERTY ALLEVIATION ACT
RULE I
TITLE
Section 1. This document shall be known as the
Implementing Rules and Regulations of Republic Act 8425 or the Social
Reform and Poverty Alleviation Act.
RULE
II
THE PHILIPPINE APPROACH TO
SOCIAL REFORM AND POVERTY ALLEVIATION
Section 1. As mandated in Sec. 4 of the Act, the
National Anti-Poverty Action Agenda shall principally include the core
principles and programs of the Social Reform Agenda (SRA).
Sec. 2. The Multidimensional Approach to Poverty
Alleviation. — Strategies or programs of Government and the Civil
Society shall incorporate the elements that will address each of the
four dimensions of the SRA, namely:
a) Economic Dimension — Asset Reforms. — The first
and central imperative of the SRA shall be asset reform. Asset reform
seeks to address the issue of economic inequity by widening citizen's
share of resources, whether natural or manufactured, from which they
can earn a living and increase the fruits of their labor. Such reforms
necessarily address existing inequities in the ownership, distribution,
management, and control over such resources. The government shall give
priority to the enactment and strict implementation of laws that widen
the share of the basic sectors in the resources of society. The
government shall likewise undertake budgetary reform to reflect the
primacy of Asset Reform.
b) Social Dimension — Access to Quality Basic
Services and Protection of the Security of Life, Person, Livelihood,
and Indigenous Culture, and Freedom from Violence. — These reforms
refer to the equitable control and access to social services and
facilities especially education, health, housing, and other basic
services. These reforms are necessary enable the citizens to meet their
basic human needs to live decent lives, and to ensure that the benefits
of asset reform are equally shared by all its rightful beneficiaries.
The government shall therefore work to eliminate all forms of
discrimination which cause women, youth, and children, the elderly and
persons with disability to be further marginalized and excluded even
within their own economic sectors.
c) Ecological Dimension — Sustainable Development of
Productive Resources. — These reforms ensure the effective and
sustainable utilization of the natural and ecological resource base,
thus assuring greater social acceptability and increased participation
of the basic sectors in environmental and natural resources
conservation, management and development;
d) Governance Dimension — Equal Representation and
Participation. — These reforms address the issue of political equity
and ensures equal participation in all venues in society especially in
decision-making and management processes that affect their rights,
interests and welfare. The government shall ensure that sectoral
representation is institutionalized in all levels of government, with
particular emphasis on the decision-making structures of the different
local government units.
Sec. 3. The Specific Agenda of the Basic Sectors.
— Asset Reform requires laws and policies that widen the citizens'
share of resources, natural and manufactured, from which they can earn
a living or increase the fruits of their labor. Such reforms
necessarily address existing inequities in the ownership, distribution,
management and control over such resources. Specifically, Asset Reform
seeks to obtain for:
a) Farmers and landless rural workers: ownership,
access to and control of tillable lands by the tillers, higher
productivity, channels for productivity, and fair prices for produce;
b) Fisherfolk: broader access to and control of
aquatic resources, rational and sustainable management of fishery
resources, wider availability of fishing and post-harvest facilities;
c) Urban Poor: broader access to and security in
basic needs, particularly housing and land and broader opportunities
for increased income;
d) Indigenous Cultural Communities: recognition and
protection of their ancestral domain rights, basic services, cultural
integrity and full participation in the Philippine body politic;
e) Workers in the Formal Sector and Migrant Workers:
recognition and protection of their rights to a living wage, humane
conditions of work, security of tenure, self-organization and
collective bargaining;
f) Workers in the Informal Sector: protection by
labor laws, security in their workplace, protection against harassment
and abuse, access to programs and services catering to their special
needs, and organization into unions, cooperatives and other forms of
associations.
g) Disadvantaged groups that cut across all sectors,
particularly women, youth and students, children, the elderly, and
persons with disabilities: reforms to correct and transform the
structures that discriminate against and cause the further
marginalization of these groups in all spheres of life, including
within their own economic sectors.
RULE
III
THE NATIONAL ANTI-POVERTY
COMMISSION
Section 1. As provided in Sec. 5 of the Act, there
shall be a National Anti-Poverty Commission, or NAPC, created under the
Office of the President, which shall serve as the coordinating and
advisory body for the implementation of the SRA. The Presidential
Commission to Fight Poverty (PCFP), the Social Reform Council (SRC),
and the Presidential Council for Countryside Development (PCCD) are
hereby abolished and the NAPC shall exercise the powers and functions
of these agencies. The NAPC shall be the successor-in-interest of the
three (3) abolished commissions and councils.
The NAPC shall be composed of representatives from both the government
and the basic sectors as provided in Sec. 6 of the Act.
As mandated under Sec. 7 of the Act, the powers and functions of
NAPC are to:
a) Coordinate with different national and local
government agencies and the private sector to assure full
implementation of social reform and poverty alleviation programs
b) Coordinate with local government units in the
formulation of social reform and poverty alleviation programs for their
respective areas in conformity with the National Anti-Poverty Action
Agenda
c) Recommend policy and other measures to ensure the
responsive implementation of the commitments under the SRA
d) Ensure meaningful representation and active
participation of Basic Sectors
e) Oversee, monitor and recommend measures to ensure
the effective formulation, implementation and evaluation of policies,
programs and resource allocation and management of social reform and
poverty alleviation programs;
f) Advocate for the mobilization of funds by the
national and local governments to finance social reform and poverty
alleviation programs and capability building activities of people's
organizations;
g) Provide financial and non-financial incentives to
local government units with counterpart resources for the
implementation of social reform and poverty alleviation programs, and
h) Submit an annual report to Congress including, but
not limited to, all aspects of its operations and programs and project
implementation, financial status and other relevant data as reflected
by the basic reform indicator.
NAPC shall meet en banc at least once every quarter, and may meet in
special meetings in between regular meetings as the President sees fit
or upon the recommendation of any of the Vice-Chairpersons or the Lead
Convenor.
Sec. 2. Appointment of Other Members to the NAPC.
— The President may appoint persons representing the basic sectors or
agencies not listed in this Act into the NAPC as he/she sees fit in
order to promote the best interests of the SRA. The selection and
appointment of additional persons representing the basic sectors shall
follow the process as provided for in Rule IV of this IRR.
Sec. 3. Executive Committee. — An Executive
Committee shall be created to oversee the execution of the powers and
functions of the NAPC.
The Executive Committee shall be Chaired by the Lead Convenor and shall
be composed of the two Vice-Chairpersons, and two other members from
the government and basic sectors.
The Executive Committee shall have the following functions:
a) Set the agenda for the meetings of the Commission;
b) Oversee the implementation of the NAPC Resolutions
concerning the flagship programs;
c) Preside over grievances;
d) Recommend disciplinary action against erring
commissioners and other government officers involved in the
implementation of flagship programs; and
e) Have other functions as may be delegated by NAPC.
RULE
IV
FLAGSHIP PROGRAMS
Section 1. Flagship Programs and Lead Agencies. — The
NAPC shall formulate flagship programs and designate flagship lead
agencies for sectoral and multi-sectoral programs which address the
specific and cross-sectoral needs of the basic sectors as provided in
this Act.
Sec. 2. Roles and Functions of the Flagship Lead
Agencies. — The Flagship Lead Agencies shall have the following
functions:
a) Ensure the effective implementation of flagship
programs in coordination with other concerned agencies, as they address
the needs of the basic sectors; and rural and urban poor communities;
b) Identify and facilitate resolution of issues and
concerns related to the implementation of flagship programs; and
c) Undertake regular consultations with their
counterpart sectoral councils as provided in Rule V of this IRR.
Sec. 3. Formation of SRA Flagship Teams. — The
Flagship Champions shall form SRA Teams within their respective
agencies to handle the day-to-day implementation of its programs in
coordination with other agencies and basic sectors. They shall
designate senior technical action officers (TAO) and alternates as SRA
focal persons at the national, regional and local levels.
RULE
V
SECTORAL COUNCILS
Section 1. Sectoral Councils. — The Sectoral Councils
shall be the venue wherein the Basic Sectors will establish a consensus
among themselves in all matters concerning them, to include, but not
limited to the nomination and recall of the Sectoral Commissioners in
the NAPC.
The Sectoral Council shall be composed of sectoral leaders elected by
the representatives of various sectoral organizations. Every Sectoral
Commissioner shall be accountable to their respective Sectoral Councils.
Immediately upon the election of the prospective sectoral councils, the
SRA Flagship Agencies and appropriate government departments shall
convene, consult and confer with them in order to flesh-out the
different program/project component of the flagship program on
anti-poverty and geographic areas for implementation.
The Sectoral Councils shall convene at least once every quarter to
discuss issues and concerns of the sectors with their respective
Sectoral Commissioner.
To provide an effective mechanism by which the basic sectors can hold
their Sectoral Commissioners accountable for their undertaking, the
Sectoral Council shall have the sole authority to initiate the process
of recalling the Sectoral Commissioners of the NAPC. To recall an
erring Sectoral Commissioner, the Sectoral Council shall file a
Petition for Recall with the Office of the President through the Lead
Convenor.
Sec. 2. Preparatory Committee. — For the first
term of the NAPC Sectoral Commissioners and within Sixty (60) days from
the effectivity of this implementing rules and regulations, the Lead
Convenor shall organize a preparatory committee of each sector which
will in turn organize their respective Sectoral Assemblies.
The Lead Convenor shall convene the preparatory committee of each
sector to be composed of the incumbent sectoral representative to the
Social Reform Council (SRC), the two alternates, and not more than
seven (7) representatives from sectoral organizations. Each preparatory
committee will elect a person who will act as the chairperson of their
respective Sectoral Assemblies. Such person shall be disqualified from
being nominated for the position of Sectoral Commissioner of the NAPC.
The preparatory committee shall have the authority to determine the
organizations that will participate in the Sectoral Assembly, and the
number of organizations that will be allowed to participate. Provided,
however, that the preparatory committee must consider the track record
of the organizations and as much as possible, choose delegates who come
from sectoral federations. Provided, further, that the preparatory
committee must also consider regional and gender concerns in their
process of selection.
The preparatory committee shall have the authority to draft the
proposed ground rules to be observed during the Sectoral Assembly. At
the commencement of the Sectoral Assembly, the chairperson shall
declare the Assembly convened and shall present the draft ground rules,
which among others, shall provide for the procedure for discussion,
recognition and voting, and other matters related to the Assembly
proceedings. The Assembly delegates shall decide on whether said ground
rules will be adopted, rejected or modified.
Sec. 3. Sectoral Assembly. — To ensure that a wide
range of interests is represented in the formation and function of the
Sectoral Councils, a Sectoral Assembly for each sector shall be called
within two (2) months from the effectivity of the implementing rules
and regulations. The Sectoral Assemblies will determine the composition
and powers of their respective Sectoral Councils. Such determination
includes, but is not limited to, the following functions:
a) Determine how many members their respective
Sectoral Councils will have;
b) Set the qualifications required of each member of
the Sectoral Council;
c) Establish the process of electing the members of
the Sectoral Councils;
d) Elect the actual members of their respective
Sectoral Councils;
e) Set the qualifications required of each nominee to
the position of Sectoral Commissioner;
f) Establish the process of selecting the nominees to
the position of Sectoral Commissioner; and
g) Determine the powers and functions of the sectoral
councils to include the responsibility of coming up with a consensus on
the flagship program and other issues affecting the sector and to
assist the sectoral representative in the monitoring of the
implementation of the flagship program at the local level.
The Sectoral Assembly shall have the authority to establish the rules
governing the formation and operation of the Sectoral Councils and in
the exercise of their powers, shall ensure transparency. The Sectoral
Assembly must complete its task of forming the Sectoral Councils not
later than four (4) months from the effectivity of these implementing
rules and regulations.
The Sectoral Assembly shall have the authority to establish the rules
of organization of the succeeding Sectoral Assemblies. Among others,
these rules shall provide for the admission of new delegates and the
expulsion of incumbent delegates. Provided, however, that the Sectoral
Assembly must consider the track record of the new delegates, and as
much as possible, choose delegates who come from sectoral federations.
Provided, further, that the Sectoral Assembly must also consider
regional and gender concerns in their process of selection.
Not later than four (4) months prior to the end of the term of the
Sectoral Commissioner, the Sectoral Council shall organize a succeeding
Sectoral Assembly which will select the members of the succeeding
Sectoral Council. The succeeding Sectoral Assembly must complete its
task of forming the succeeding Sectoral Council not later than two (2)
months prior to the end of the term of the Sectoral Commissioner.
Sec. 4. National Basic Sector Assembly. — The
National Basic Sector Assembly (NBSA) shall be institutionalized by the
basic sectors to ensure the accountability, transparency, integrity,
autonomy and effective participation of the basic sectors in the NAPC.
The NBSA shall be composed of all the Sectoral Commissioners and their
two alternates. These alternates refer to the two candidates nominated
by the Sectoral Councils for Sectoral Commissioners who were not chosen
by the President. Membership in the NBSA shall be compulsory.
The NBSA shall have the following powers and functions:
a) Serve as a mechanism for consensus-building on
cross-sectoral agenda and issues affecting them;
b) Establish its own mechanisms and processes.
RULE
VI
SEPARABILITY AND EFFECTIVITY
Section 1. Separability Clause. — In the event that
any part or provision of this implementing rules and regulations is
declared unconstitutional or invalid, the remaining provisions not
affected thereby shall continue in full force and effect.
Sec. 2. Effectivity Clause. — This implementing
rules and regulations shall take effect immediately after its
publication in at least two (2) national newspapers of general
circulation.
APPROVED, this 27th day of July
1998, in the City of Manila.
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