A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Search for
www.chanrobles.com
: ADMINISTRATIVE ORDERS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
ADMINISTRATIVE ORDER NO. 21
ADMINISTRATIVE ORDER NO. 21 -
REVISED IMPLEMENTING RULES AND REGULATIONS GOVERNING REPUBLIC ACT NO.
8425 OTHERWISE KNOWN AS THE SOCIAL REFORM AND POVERTY ALLEVIATION ACT
WHEREAS, pursuant to Republic Act No. 8425,
or the Social Reform and Poverty Alleviation Act, the Office of the
President is mandated to formulate the implementing rules and
regulations governing the law;
WHEREAS, poverty alleviation, defined as the reduction of absolute and
relative poverty, is one of the core thrusts of government;
WHEREAS, several implementing rules and regulations have been issued
relating to the Social Reform and Poverty Alleviation Act, to wit:
Administrative Order (A.O.) No. 11 series of 1998, A.O. No. 36 series
of 1998 and an unnumbered Implementing Rules and Regulations (IRR)
signed on December 23, 1998;
WHEREAS, pursuant to the provisions of the Social Reform and Poverty
Alleviation Act and its implementing rules and regulations, the
National Anti-Poverty Commission was established to replace the
Presidential Commission to Fight Poverty, the Social Reform Council and
the Presidential Council for Countryside Development;
WHEREAS, the provisions ensuring wide participation, autonomy and
transparency in the selection of representation among the basic sectors
mandated in A.O. No. 11 series of 1998 were revoked and repealed by
A.O. No. 36 series of 1998 and the unnumbered IRR signed on December
23,1998;
WHEREAS, the Lead Convenor of the National Anti-Poverty Commission has
recommended the repeal of A.O. No. 36 series of 1998 and the unnumbered
IRR signed on December 23, 1998, and the issuance of revised
implementing rules and regulations complying with the provisions of the
Social Reform and Poverty Alleviation Act;
WHEREAS, broad participation shall be ensured to create responsive,
accountable, and meaningful representation from the basic sectors.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby promulgate:
RULE
I
Policy and Definition of Terms
Section 1. Title. — These Rules shall be known as the
Revised Rules and Regulations Implementing the Social Reform and
Poverty Alleviation Act.
Sec. 2. Purpose. — These Rules are promulgated to
prescribe the procedures and guidelines for the implementation of Title
I on the National Anti-Poverty Commission of the Social Reform and
Poverty Alleviation Act in order to facilitate compliance therewith and
achieve the objectives thereof.
Sec. 3. Declaration of Policy. — It is the policy
of the State to:
(1) Adopt a sustainable, integrated, area-based,
sectoral and focused intervention to poverty alleviation wherein every
poor Filipino family shall be empowered to meet its minimum basic needs
of health, food and nutrition, water and environmental sanitation,
income security, shelter and decent housing, peace and order, education
and functional literacy, participation in governance and family care
and psycho-social integrity;
(2) Actively pursue asset reform or redistribution of
productive economic resources to the basic sectors including the
adoption of a system of public spending which is targeted towards the
poor;
(3) Institutionalize and enhance the Social Reform
Agenda (SRA), which embodies the results of the series of consultations
and summits on poverty alleviation;
(4) Adopt and operationalize the following principles
and strategies as constituting the national framework integrating
various structural reforms and anti-poverty initiatives:
(a) Social reform shall be a continuing process that
addresses the basic inequities in Philippine society through a
systematic package of social interventions;
(b) The SRA shall be enhanced by government in equal
partnership with the different basic sectors through appropriate and
meaningful consultations and participation in governance;
(c) Policy, programs and resource commitments from
both government and the basic sectors shall be clearly defined to
ensure accountability and transparency in the implementation of the SRA;
(d) A policy environment conducive to sustainable
social reform shall be pursued;
(e) The SRA shall address the fight against poverty
through a multi-dimensional and cross-sectoral approach which
recognizes and respects the core values, cultural integrity and
spiritual diversity of target sectors and communities;
(f) The SRA shall pursue a gender-responsive approach
to fight poverty;
(g) The SRA shall promote ecological balance in the
different ecosystems in a way that gives the basic sectors a major
stake in the use, management, conservation and protection of productive
resources;
(h) The SRA shall take into account the principle and
interrelationship of population and development in the planning and
implementation of social reform programs thereby promoting self-help
and self-reliance;
(i) SRA implementation shall be focused on specific
target areas and basic sectors; and
(j) The SRA shall advocate and institutionalize a
multi-sectoral approach towards building social consensus to poverty
alleviation at the national and local levels thereby mobilizing the
different but potentially complementary capacities, resources and
perspectives of civil society, government, and business towards a
concerted societal effort at alleviating poverty.
RULE
II
The Philippine Approach to
Social Reform and Poverty Alleviation
Section 1. The Multi-dimensional Approach to Poverty
Alleviation. — Strategies or programs of government and civil society
shall incorporate the elements that will address each of the four
dimensions of the SRA, namely:
a) Economic Dimension — Asset Reform. Asset reform
seeks to address the issue of economic inequity by widening the
citizens' 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 implement asset reform.
b) Social-Cultural Dimension — Access to Quality
Basic Services and Protection of the Security of Life, Person,
Livelihood, Indigenous Culture and Freedom from Violence. These reforms
refer to the equitable control and access to social-cultural services
and facilities especially education, health, housing and other basic
services. These reforms are necessary to 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 Use 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
ensure 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. 2. Asset reform. — 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 shall be obtained through the
following sector-specific flagship programs:
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 and 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 and
cultural integrity;
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; and
g) Disadvantaged groups that cut across all sectors,
particularly women, youth and students, children, the elderly, persons
with disabilities and victims of natural and man made calamities:
Comprehensive Integrated Delivery of Social Services (CIDSS) 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.
Additionally, to support the sectoral flagship programs, the following
cross-sectoral flagships shall likewise be instituted:
a) Institution-building and effective participation
in governance;
b) Sustainable livelihood programs;
c) Expansion of micro-credit/microfinance services
and capability building; and
d) Infrastructure buildup and development.
RULE
III
The National Anti-Poverty
Commission
Section 1. Principles Governing the National
Anti-Poverty Commission (NAPC). — The NAPC shall be governed by the
following principles:
a) Incorporation of the SRA into the formulation of
the development plans at the national, regional, sub-regional and local
levels;
b) Efficiency in the implementation of the
anti-poverty programs by strengthening or streamlining present poverty
alleviation processes and mechanisms and reducing the duplication of
functions and activities among various government agencies;
c) Coordination and synchronization of social reform
and poverty alleviation programs of national government agencies;
d) Exercise of policy oversight responsibilities to
ensure the attainment of social reform and poverty alleviation goals;
e) Strengthening of local government units to more
effectively operationalize the SRA in local development efforts;
f) Institutionalization of basic sectoral and
non-government organizations' (NGO) participation in effective
planning, decision making, implementation, monitoring and evaluation of
SRA at all levels;
g) Ensuring adequate, efficient and prompt delivery
of basic services to the poor;
h) Enjoining government financial institutions to
open credit and savings windows for the poor and advocating the
creation of such windows for the poor among private banking
institutions; and
i) Pursuit of poverty alleviation in harmony with
sustainable development as embodied in Philippine Agenda 21 and other
policies of government.
Sec. 2. Composition of the NAPC. — The President
of the Republic of the Philippines shall serve as the Chairperson of
the NAPC. The President shall appoint the Lead Convenor of the NAPC,
either from the government, civil society or private sector, who shall
likewise serve as the head of the NAPC Secretariat and shall have the
rank of Cabinet Secretary.
There shall be a Vice-Chairperson for the government sector and a
Vice-Chairperson for the basic sectors, the former to be designated by
the President and the latter to be elected among the Sectoral
Representatives of the NAPC.
The
members of the NAPC are as follows:
(1) Heads of
the following government bodies:
(a) Department
of Agrarian Reform (DAR);
(b) Department
of Agriculture (DA);
(c) Department
of Labor and Employment (DOLE);
(d) Department
of Budget and Management (DBM);
(e) Department
of Social Welfare and Development (DSWD);
(i) Department
of Health (DOH);
(g) Department
of Education, Culture and Sports (DECS);
(h) Department
of the Interior and Local Government (DILG);
(i) Department
of Environment and Natural Resources (DENR);
(j) Department
of Finance (DOF);
(k) National
Economic and Development Authority (NEDA);
(l) People's
Credit and Finance Corporation (PCFC), subject to Sec. 17 of the
Social Reform and Poverty Alleviation Act; and
(m)
Presidential Commission on Urban Poor (PCUP).
(2) Presidents
of the Leagues of Local Government Units:
(a) League of
Provinces;
(b) League of
Cities;
(c) League of
Municipalities; and
(d) Liga ng
mga Barangay.
(3)
Representatives from each of the following basic sectors:
(a) Farmers
and landless rural workers;
(b) Artisanal
fisherfolk;
(c) Urban poor;
(d) Indigenous
cultural communities/indigenous peoples;
(e) Workers in
the formal sector and migrant workers;
(f) Workers in
the informal sector;
(g) Women;
(h) Youth and
students;
(i) Persons
with disabilities;
(j) Victims of
disasters and calamities;
(k) Senior
citizens;
(l) NGOs;
(m) Children;
and
(n)
Cooperatives.
Sec. 3. Powers and functions of the NAPC. — The
NAPC shall exercise the following powers and functions:
(a) Coordinate with different national and local
government agencies, civil society and the private sector to ensure
full implementation of all 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 approaches and flagship
programs;
(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 the 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 the basic
sectors;
(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, programs, project
implementation, financial status and other relevant data as reflected
by the basic reform indicator.
Sec. 4. 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 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 NAPC;
b) Oversee the implementation of the NAPC Resolutions
concerning poverty alleviation programs;
c) Oversee that grievances are addressed in the
appropriate forum; and
d) Other functions as may be delegated by NAPC.
RULE
IV
Flagship Programs
Section 1. Flagship Programs and Lead Agencies. — The
NAPC shall determine the framework and direction of 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 the Social Reform and Poverty Alleviation
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 these Rules.
Sec. 3. Formation of Flagship Teams. — The
Flagship Lead Agencies shall form teams within their respective
agencies to handle the day-to-day implementation of its programs in
coordination with other agencies, basic sectors and civil society. They
shall designate senior Technical Action Officers (TAO) and alternates
as focal persons at the national, regional and local levels.
RULE
V
Sectoral Assemblies
Section 1. Preparatory Committee. — The Lead Convenor
shall organize and convene a Preparatory Committee of each sector which
will in turn organize their respective Sectoral Assemblies.
The Preparatory Committees shall ensure that the Sectoral Assemblies
represent a wide range of interests. For purposes of convening the
Sectoral Assemblies upon the effectivity of these Rules, the
Preparatory Committee of each sector shall be composed of not less than
ten (10) and not more than fifteen (15) representatives. As much as
possible, the members of the Preparatory Committee shall represent
sectoral organizations of different perspectives and persuasions.
Each Preparatory Committee will elect a Chairperson who shall be
disqualified from being nominated for the position of Sectoral
Representative of the NAPC. However, the elected Chairperson of the
Preparatory Committee is qualified to be elected as Chairperson of the
Sectoral Assembly.
Subject to the approval of the President, the Preparatory Committees
shall have the authority to recommend the organizations that will
participate in the Sectoral Assemblies and the criteria for
participation. Provided, however, that the Preparatory Committees must
consider the track record of the organizations and as much as possible,
shall ensure that the delegates come from different perspectives and
persuasions. Provided, further, that the Preparatory Committees must
also consider regional and gender concerns in their process of
selection.
Subject to the approval of the President, each Preparatory Committee
shall have the authority to draft the proposed ground rules which,
among others, shall provide the procedure for discussion, recognition
and voting and other matters related to the Sectoral Assembly
proceedings. At the commencement of the Sectoral Assembly, the
Chairperson of the Preparatory Committee shall open the Sectoral
Assembly, present the draft proposed ground rules to be observed by the
Sectoral Assembly, and facilitate the election of the Chairperson of
the Sectoral Assembly.
Upon the effectivity of these Rules, the Sectoral Council of each basic
sector shall be immediately organized in accordance with these Rules.
Thereafter, each Sectoral Council shall nominate three (3) nominees to
the position of Sectoral Representative. The list of nominees shall be
submitted to the President who will appoint the new Sectoral
Representatives within thirty (30) days from the submission of the
lists. After the initial convening of the Preparatory Committees upon
the effectivity of these Rules, incumbent Sectoral Councils shall
perform the functions of the succeeding Preparatory Committees.
Sec. 2. Sectoral Assembly. — Upon the election of
the Chairperson in every Sectoral Assembly, the elected Chairperson
shall take over the role of facilitating the conduct of the Sectoral
Assembly. The Chairperson shall immediately proceed with the adoption
of the ground rules for the Sectoral Assembly.
To ensure the fairness and objectivity of the selection process of the
Sectoral Council, the Chairperson of the Sectoral Assembly shall be
disqualified from being nominated for the position of Sectoral
Representative.
The Sectoral Assemblies will determine, among others, the composition,
powers and functions of their respective Sectoral Councils. In the
performance of their functions, the Sectoral Assemblies shall exercise
transparency and follow democratic procedures.
Among others, the Sectoral Assemblies shall:
(a) Set the qualifications required of each member of
the Sectoral Councils;
(b) Establish the process of electing the members of
the Sectoral Councils, including replacements in cases of vacancies;
(c) Elect the members of their respective Sectoral
Councils which shall not be less than fifteen (15) nor more than
twenty-five (25);
(d) Set the qualifications required of each nominee
to the position of Sectoral Representative;
(e) Establish the process of selecting the nominees
to the position of Sectoral Representative; and
(f) Determine the powers and functions of the
Sectoral Councils, such as the responsibility of coming up with a
consensus on anti-poverty programs, including flagship programs 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.
Whenever necessary and upon due notice, the Sectoral Assembly may be
convened by the Sectoral Council.
RULE
VI
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 the sector, including the
nomination and recall of the Sectoral Representatives in the NAPC.
The Sectoral Council shall be composed of at least fifteen (15)
sectoral leaders, but not exceeding twenty five (25), and elected
through the Sectoral Assemblies as mandated by these Rules.
The Sectoral Councils formed by and among the members of each sector
shall respectively nominate three (3) nominees from each sector to the
position of Sectoral Representative every three (3) years and in case
of a vacancy caused by the death, resignation, recall, physical
incapacity or other causes of a Sectoral Representative. Processes that
will ensure accountability of every Sectoral Representative to the
sector shall be established by the Sectoral Councils.
Immediately upon the election of the Sectoral Councils, they shall
consult and confer with the appropriate government departments,
including the flagship agencies, in order to define, enflesh and
incorporate the poverty reduction framework into the agencies' programs
and the sectors' needs. This will include identifying the components 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 Representative.
Not later than one hundred twenty (120) days prior to the end of the
term of the incumbent Sectoral Representatives, or not later than
thirty (30) days from the occurrence of a vacancy caused by the death,
resignation, recall, physical incapacity or other causes of a Sectoral
Representative, each Sectoral Council shall act as a Preparatory
Committee and organize its Sectoral Assembly. The Sectoral Councils,
acting as Preparatory Committees, shall 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
Preparatory Committees must consider the track record of the
organizations and as much as possible, shall ensure that the delegates
come from different perspectives and persuasions. Provided, further,
that the Preparatory Committees must also consider regional and gender
concerns in their process of selection.
Thereafter, each Sectoral Assembly must complete the task of forming
the succeeding Sectoral Council within fifteen (15) days in case of
vacancy or not later than sixty (60) days prior to the end of the term
of the incumbent Sectoral Representatives.
Sec. 2. Recall. — To provide an effective
mechanism by which the basic sectors can hold the Sectoral
Representatives accountable for their undertakings, a procedure for
recall shall be instituted by the respective Sectoral Councils. The
Sectoral Council to which the erring Sectoral Representative belongs
shall be the sole authority to initiate and decide on recall
proceedings. A copy of the petition for recall shall be sent to the
President through the Lead Convenor. Immediately upon receipt of the
petition by the Sectoral Council, it shall convene for the purpose of
resolving the petition for recall. Any incumbent Sectoral
Representative shall be removed by a two-thirds (2/3) vote of all the
members of the Sectoral Council. The decision of the Sectoral Council
shall be final and shall be transmitted to the Office of the President
through the Lead Convenor.
Upon their election to office, the Sectoral Councils shall determine,
among others, the processes necessary for the recall proceedings.
Provided, that the grounds for recall shall include, among others, any
acts inimical to the interest and autonomy of the basic sectors.
Provided, further, that the recall processes and procedures shall
accord due process to all parties concerned.
RULE
VII
Sectoral Representatives
Section 1. There shall be fourteen (14) Sectoral
Representatives, each respectively representing the basic sectors
enumerated in the Social Reform and Poverty Alleviation Act.
The President of the Philippines shall, within thirty (30) days after
the submission of the list of nominees, appoint the Sectoral
Representatives from the list submitted by the Sectoral Councils.
Sectoral Representatives shall serve for a term of three (3) years
without reappointment.
In case of a vacancy in the position of Sectoral Representative due to
death, resignation, recall, physical incapacity, or other causes, the
Sectoral Council will nominate three (3) nominees. The list of nominees
shall be submitted to the President, who will appoint the new Sectoral
Representative within thirty (30) days from submission of the list.
Appointment to fill any vacancy in the position of Sectoral
Representatives shall only be for the unexpired term of the predecessor.
Sec. 2. The Sectoral Representatives, with the
assistance of the two nominees, shall, in consultation with the
respective Sectoral Councils, formulate and adopt organizational
mechanisms and guidelines which shall define the parameters for the
participation of the basic sectors in the anti-poverty agenda of the
government. The organizational mechanisms and guidelines as formulated
by the basic sectors shall be adopted by government as the official
document governing the relations between and among sectors, as well as
with the government. Provided, that the parameters shall ensure
principled partnership between the basic sectors and the government.
Provided, further, that the mechanisms and guidelines may include
processes necessary for effective basic sector coordination among
themselves.
RULE
VIII
Miscellaneous and Final
Provisions
Section 1. Repealing Clause. — All executive orders,
issuances, rules and regulations, or parts thereof, inconsistent with
the provisions of the Social Reform and Poverty Alleviation Act and
these Rules are hereby repealed, amended or modified unless expressly
provided in subsequent general or special laws. A.O. No. 36 series of
1998 and the unnumbered IRR signed on December 23, 1998 referring to
the NAPC are hereby repealed.
Sec. 2. Separability Clause. — If any provision of
these Rules is held unconstitutional or invalid, other parts or
provisions thereof which are not affected thereby shall continue to be
in full force and effect.
Sec. 3. Effectivity. — These Rules shall take
effect immediately upon publication thereof in a newspaper of general
circulation.
City of Manila, November 8,
2001.
chan
robles virtual law library
Back
to Main
Since 19.07.98.