Full TEXT:

ORDINANCE NO. 2023-004

AN ORDINANCE PROMOTING INDIVIDUAL CITIZENS PARTICIPATION IN NAGA CITY’S LEGISLATIVE PROCESS, ESTABLISHING MECHANISMS FOR ITS IMPLEMENTATION AND APPROPRIATING FUNDS THEREFORE:

Sponsor: Hon. Ghiel G. Rosales

Explanatory Note

In consonance with the celebration of the 25th year of partnership between the City Government of Naga and the Naga City People’s Council, various stakeholders convened for the purpose of reviewing the existing structures that has set the bar of good governance and culture of excellence here in the City of Naga. Inspired by Naga City’s brand of participatory governance, students of the Ateneo de Naga University College of Law under the Clinical Legal Education Program (A/Y 2020-21) submitted the draft version of this ordinance, with inputs from members of the Sangguniang Panlungsod, the JMR Center for Good Governance, and the Naga City People’s Council.

With the desire to improve accountability and transparency in local governance brought about by landmark legislations, among others, such as the People Empowerment Ordinance in 1995 and the i-Governance Ordinance in 2001, this new legislative measure is introduced to provide individual citizens an avenue for direct participation in local governance without the need to be members of organized groups through the recognized people’s council.

Through proper platforms and mechanisms established in this ordinance, individual citizens are encouraged to provide comments and suggestions even during the early stages of drafting resolutions and ordinances; thus, further ensuring that local policies truly respond to the needs and aspirations of the people of Naga.

Therefore, be it ordained, by the Sangguniang Panlungsod of Naga, in session assembled, that:

SECTION 1. TITLE – This ordinance shall also be known as the “i-Engage Ordinance”;

SECTION 2. DECLARATION OF PRINCIPLES. The enactment of this ordinance shall be guided by the following principles:

a) Open governance ensures inclusive participation in all levels of social, political, and economic decision-making through the establishment of consultation mechanisms;
b) Nation building requires open communication and free exchange of information between the government and its constituents. This fosters patriotism and nationalism which encourage them to participate in local governance;
c) Consistent consultation with stakeholders guarantees transparency in the enactment of local legislations.

SECTION 3. PURPOSE – This ordinance shall institute a system whereby individual citizens, who may not be members of organizations accredited and members of the recognized people’s council, can formally participate in the legislative process of the Sangguniang Panlungsod (SP).

A mechanism shall be established to provide citizens an avenue to convey comments, objections, recommendations, or suggestions, for consideration by the members of the SP and its committees, on proposed measures filed, whether in the plenary or committee level.

SECTION 4. ENHANCED LOCAL LEGISLATIVE PROCESS – The legislative process of the Sangguniang Panlungsod of Naga is hereby amended, as follows, to ensure that feedback from citizens are adequately received and considered:

a) Publication of Proposed Resolutions and Ordinances – All measures filed for first reading and referred to respective committees for further study and recommendation shall be shared and/or posted, within 3 days, after the conduct of such regular session, through the following means:

i. City (barangay, when applicable) webpage, social media platforms, public information boards, electronic mail, and such other means, using information and communications technology, that would ensure wide dissemination;
ii. Either printed or softcopies to the 27 Barangays of Naga, through their assigned focal persons, who shall be in-charged of posting it through the Barangay’s information board or social media page to solicit comments and suggestions or through community dialogues with concerned sectors of the barangay;
iii. When feasible, through a radio program or segment maintained by the City Government where the proponent or anchor may discuss the proposed measure and immediately receive feedback from the listeners.

b) Committee Hearings and Public Hearings – Proposed measures referred to committees shall not be scheduled for hearing unless there is compliance of at least one of the foregoing means of publication, as mentioned in letter a of this section, and earnest efforts have been made to seek feedback from concerned sectors and constituents.

A consolidated feedback report shall be provided to all the members of a respective committee before the scheduled hearing and shall officially be attached to each committee report when rendered before the plenary.

c) Non-compliance with publication and consultation – A valid justification shall be included in the committee report if there was non-compliance with the requirement of publication and consultation. The simple majority of the Sangguniang Panlungsod members may vote to return the matter to the committee to comply with the requirement in case such justification was found untenable.

d) Posting of Approved Measures and Reports. All approved ordinances and resolutions, including committee reports, shall be posted in the City’s website in Searchable Portable Document Format (Searchable PDF) where it can be easily searched and downloaded in an accessible online database.

e) Live-Streaming of Committee Hearings and Public Hearings – All committee hearings and public hearings shall be streamed live via social media platforms of the City Government and/or Sangguniang Panlungsod of Naga.

SECTION 5. PERSONNEL REQUIREMENT AND ITS FUNCTIONS. To ensure the effective implementation of the provisions of this ordinance, the position of Citizens’ Engagement Officer (Local Legislative Officer I, Salary Grade 11) is hereby created within the Sangguniang Panlungsod Secretariat, to perform the following functions:

a) Ensure publication, within 3 days, of all proposed measures filed for first reading and referred to committees for study and recommendation through the means provided under Section 4.a. of this ordinance by coordinating with the necessary offices such as the i-Governance Office and CEPPIO, including in the production of infographics;
b) Coordinate with the 27 barangays for the purpose of designating and assisting focal persons responsible for posting in their respective barangay transparency boards and conducting, when necessary, community dialogues to solicit feedback from concerned sectors of the community;
c) Establish an inventory of subscribers who shall regularly receive, through electronic mail, all proposed measures for their feedback;
d) Consolidate all feedback and timely submit the report to the committee chairperson and members concerned at least 3 days before the scheduled committee hearing;
e) Arrange for radio or other news delivery means where the proponent may discuss his proposed measure with anchors and guests for purposes of receiving feedback;
f) Have posted, in accessible and searchable PDF format, all approved and signed ordinances and resolutions, including committee reports, in the City Government of Naga’s website;
g) Ensure that all committee hearings and public hearings are streamed live via social media platforms of the City Government and/or Sangguniang Panlungsod of Naga;
h) Act as Secretariat to the i-Engage Council and perform such other tasks in pursuit of the objectives of this ordinance.

SECTION 6. THE I-ENGAGE COUNCIL. This council is hereby established to act as advisory body and oversee the implementation of this ordinance. The I-Engage Council shall be composed of the following members:

a) The City Mayor as Chairperson;
b) The Naga City People’s Council Chairperson as Co-Chairperson;
c) SP Chairperson of the Committee on People Empowerment;
d) The Executive Director of the JMR Center for Good Governance or his representative;
e) The SK Federation President;
f) The Liga ng mga Barangay President;
g) Representative from the Ateneo de Naga University College of Law;
h) Representatives of other offices, stakeholder institutions and organizations, upon invitation by the i-Engage Council.

SECTION 7. DUTIES OF THE I-ENGAGE COUNCIL – The i-Engage Council shall perform the following duties and functions:

a) Formulate, within 3 months from the approval of this ordinance, the i-Engage Plan which shall identify the needed resources and timeframe for the full implementation of this ordinance;
b) Conduct regular quarterly meetings, and as often as necessary, to oversee and ensure the implementation of this Ordinance by making recommendations and suggestions for the consideration and guidance of the Citizens’ Engagement Officer and the Sangguniang Panlungsod of Naga;
c) Initiate surveys and independent reviews that would generate data to further promote people participation and inclusive governance in Naga City;
d) Propose policies and amendments, when deemed desirable, for the improvement of the provisions of this ordinance and its objectives;
e) Other functions necessary and incidental to achieve the purposes of this Ordinance.

SECTION 8. FUNDING. On the basis of approved i-Engage Plan which shall form part of the City’s development and investment plan, all funding necessary to carry out the provisions of this Ordinance shall be incorporated in the City’s Annual Budget under the Office of the Sangguniang Panlungsod beginning FY 2023.

SECTION 9. TRANSITORY PROVISION. Upon the enactment of this ordinance, and prior to the designation of the “Citizens’ Engagement Officer,” the City Vice Mayor shall assign a staff on temporary contract to perform the duties and responsibilities contained herein for a period not exceeding the first quarter of 2023.

SECTION 10. SEPARABILITY CLAUSE. Should any portion of this ordinance be declared unconstitutional or illegal by any court of competent jurisdiction, the portions not so declared shall remain in full force and effect.

SECTION 11. REPEALING CLAUSE. All ordinances, executive orders, and administrative issuances or parts thereof inconsistent with this ordinance are hereby repealed or modified accordingly.

SECTION 12. EFFECTIVITY CLAUSE. This ordinance shall be effective immediately upon approval and publication.

Enacted: January 24, 2023.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL A. DE LA TORRE
Secretary to the
Sangguniang Panlungsod

CECILIA B. VELUZ-DE ASIS
City Vice Mayor
& Presiding Officer

APPROVED:

NELSON S. LEGACION
City Mayor