PRIVATE SECTOR REPRESENTATIVES

   Legal Basis. Private sector representation in the Regional Development Councils has its legal basis in Executive Order No. 308 issued by President Corazon C. Aquino on November 5, 1987. It reorganized and strengthened the RDCs by increasing its membership to include representatives of the private sector and non-governmental organizations who shall constitute one-fourth of the members of the fully constituted Council.

 

   The implementing Rules and Regulations was prescribed by the NEDA Board Executive Order No. 384 issued by President Fidel V. Ramos on December 7, 1996. The EO amended the PSR representation by the inclusion of specifically at least one labor sector  representative among the PSRs in the RDCs.  Republic Act 8425 provided for the basic sector representative in the RDC. 

 

   Definition of Terms.  

1. Private Sector Representative (PSR) refers to a qualified person selected under these guidelines to represent the private sector in the Regional Development Council (RDC).

2. Private Sector Organization (PSO) refers to an organization created or formed by private persons for purposes of socio-economic development rendering service or providing assistance to the public. This includes, among others, non-governmental organizations, business organizations, people's organizations, industry associations, religious organizations, cultural associations, professional organizations, civic clubs and development-oriented cooperatives.

   Qualifications of PSR Nominees. All PSR nominees must be formally nominated by a qualified PSO duly accredited by the RDC and must meet the following qualifications:

1. Citizenship.  A PSR nominee must be a Filipino citizen of legal age and not otherwise disqualified by law.

2. Occupation. A PSR nominee must not hold any government position, whether appointive or elective, and must not receive any compensation for services as regular employee of the government while serving as private sector representative to the RDC.

3. Performance. A PSR nominee must have proven track record in socio-economic development in the region.

4. Commitment.  A PSR nominee must be willing and able to participate in all RDC activities.

   Qualifications of Nominating PSO. A PSO must have the following qualifications to be able to participate in the nomination and selection of PSRs to the RDC:

1. Legal Personality. The PSO must be registered with the Securities and Exchange Commission (SEC) or any government agency which registers organizations and associations for the purpose of bestowing legal personality.  

2. Track Record. The PSO must have conducted socio-economic activities for at least three years from date of registration in the region concerned and the scope of its activities must be at least province-wide or citywide. 

3. Nationality. The PSO must be a Filipino organization. Organizations managed by foreigners whose officers and members are primarily composed of foreign nationals or are considered branches or affiliates of foreign organizations are disqualified.

4. Non-Governmental. Organizations which have government officials and employees as ex-officio members or whose operations are funded by the government are disqualified. However, funding support by the government to specific projects will not be considered as funding support to operations.  

Procedure for PSR Selection.

1. Accreditation.  The RDC Secretariat shall prepare a list of accredited PSOs in the region.   It shall pre-qualify the PSOs which shall participate in the PSR selection at least one month prior to the actual selection of PSRs. 

Procedure for Accreditation

1. Any PSO operating in the region may apply for accreditation through the RDC Secretariat.

2. The RDC Secretariat shall evaluate the PSO according to the qualifications. PSOs which qualify for nominating PSRs shall be accredited.

2. Nominee and Voter. The RDC shall request qualified PSOs to submit their nominees and the names of their official voters using the prescribed form. Any individual who is qualified in accordance with the qualifications set above may be nominated by a qualified PSO provided that the qualified PSO may nominate only one nominee. Provided further that a qualified PSO and its subsidiaries and affiliates shall be counted as one PSO only except in cases where such affiliates or subsidiaries have distinct and separate legal personalities.

3. Voting and Proclamation of Geographic PSRs. The RDC Secretariat shall prepare the list of official nominees and convene the official voters representing the qualified PSOs in designated locations in each of the six provinces of the region. Two PSRs per province shall be elected through secret voting. The RDC Secretariat shall tally the votes and proclaim the winners.   Private sector nominees who are not elected in the full council shall be considered as members of sectoral committees.

4. Labor and Basic Sector Representatives.  The labor sector and the basic sector representatives shall be selected as follows:

• The Regional Tripartite Wage and Productivity Board (RTWPB) of Bicol region shall designate one of its labor sector representatives as the labor sector representative to the RDC.

   Two representatives shall be elected by and from among the basic sectors in the region. The basic sectors shall refer to the disadvantaged sectors of the Philippine society as defined under the Social Reform and Poverty Alleviation Act (RA 8425).

5. Confirmation.  The RDC ex-officio members shall confirm the selected PSRs during the first RDC Full Council meeting to be held after the selection of the new set of PSRs.

   Term of Office.  All confirmed PSRs shall serve for a period of three years without prejudice to reappointment through the same process of nomination and confirmation provided herein. The PSRs shall serve during the same period as that of local chief executives.

 

   Termination.  PSRs considered remiss in the performance of their duties or who commit acts inimical to the RDC may be dropped as members of the RDC on motion of a member and approval of majority of the members present during a Full Council meeting. PSR members who incur three consecutive absences in RDC Full Council meetings in a year without valid reason/s shall be recommended for termination from the RDC.

 

   PSRs who are elected or appointed to any government position during their term shall automatically lose his/her right to represent the private sector in the RDC. 

 

   Vacancy.  In case vacancy occurs among the PSRs through resignation, recall, ineligibility due to appointment/election to public office, incapacity, permanent disability or death, the nominee with the next highest number of votes during the PSR election shall automatically qualify for the position. The qualified PSR nominee must confirm in writing his intention to join the RDC. The Full Council shall confirm his membership in the RDC.  In case the nominee with the next highest number of votes may no longer be interested to join the RDC or is otherwise be ineligible or incapacitated for succession due to permanent disability or death, the vacancy shall be filled-in using the usual process of PSR selection.

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