The State shall promote social justice in all phases of national development. Social justice, as defined in the case of Calalang v. Williams (1940), means “the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community constitutionally through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.”
Congress should give “highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.”
The constitutional ban on political dynasties is one way of reducing social, economic and political inequities. Because an implementing law has not been enacted by Congress, however, elections are still a contest among contending political elites and even among family members. They will remain so, unless a national initiative is undertaken by the people themselves, under R.A. 6735, “The Initiative and Referendum Act,” as Congress is not expected to perform an act of self-immolation.
Despite this sad reality, we still have the essential framework for the promotion of social justice where the voice of the citizens are not just heard, but listened and responded to in the form of policies and programs by the national and local governments.
These mechanisms include the party list system, and sectoral representation in the local sanggunian, except sangguniang barangay.
The party list system enabled citizens “belonging to marginalized and under-represented sectors, organizations and parties … to become members of the House of Representatives.” (R.A. 7941)
Republic Act No. 7941, the Party-List System Act, paved the way for the elections of representatives of the registered party list. Recently, the Comelec promulgated Resolution No. 9366, which should help strengthen the party-list system and do away with “fake” representatives of the party-list organizations through more stringent registration requirements.
How about sectoral representation? Why is this mechanism unheard of?
Having sectoral representation in the legislative bodies of local governments is required by the Constitution and RA 7160, known as the Local Government Code of 1991. The Code provides that the local sanggunian, (except in barangays, which is questionable) is composed of the vice mayor (for cities and municipalities) or the vice governor (for the province), as the presiding officer, the regular sanggunian members, the president of the municipal/city/provincial chapter of the liga ng mga barangay, the president of the pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.
Sections 446, 457 and 467 of the Code provide further:
“(b) … 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 local elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disabled persons.”
To date, since 1992, when the Code became effective, there has been no election for three sectoral representatives in each of the Sangguniang Bayan, Sangguniang Panlungsod and the Sanggunian Panlalawigan throughout the country. Comelec still has to promulgate the necessary Implementing Rules and Regulations (IRR) for sectoral representation. To my knowledge, only the Sangguniang Panlungsod of Naga City in Bicol has crafted a bill to provide for sectoral representation.
To illustrate how we have forgotten this empowering mechanism for public participation, the right of women to be represented in the Sanggunian as a sectoral representative was not even mentioned in R.A. 9710, the Magna Carta for Women.
Why are the marginalized sectors sinfully disenfranchised, despite the clear provisions of the Constitution and the Code? Is this not unlawful and blatant discrimination against women, the workers and the marginalized sectors? The failure of state agencies to include them as sanggunian members is a continuing and blatant violation of the constitutional right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making. Hopefully, the Commission on Human Rights and the Philippine Commission for Women would prioritize this matter so that by 2013, the most vulnerable sectors in this most vulnerable country will see their representatives as engaged members of the local sanggunian.
In this era of disasters and climate crisis, we have to listen to the urgent needs as well as the aspirations of our women, fisherfolk, farmers, senior citizens, persons with disability, among a host of others. Having their own representatives in the sanggunian of the LGU where they belong helps tremendously in making them feel that the government is serving and protecting them. Equally important, it helps reduce the appalling inequities now existing.
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Cebuanos are grateful, enlightened and enriched with the presentation on toxic chemicals and their impact, made by Dr. Ann Blake, which Cebu Daily News featured in its March 18 issue. Dr. Blake is a leading expert on health and environmental impacts of chemical use and advocating practical, sustainable solutions. It was amazing to hear the women barangay leaders plan to integrate the information campaign on creating a toxic-free community in their GAD budget and inform their children, family and colleagues about the hazards of personal and household chemicals. Hopefully, research on alternative solutions with the use of our native plants and herbs will henceforth increase. We thank Dr. Blake, Eco-waste Coalition and members Aileen Lucero and NGO representative to the National Solid Waste Management Commission, Commissioner Eileen Sison, for thinking of Cebu as the destination for Ann’s sharing outside Metro Manila. We thank the Cebu City Government through Mayor Mike Rama and Councilor Nida Cabrera, and Councilors Edgar Labella and Alvin Dizon who also shared their time with the participants.