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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 not be more than one-fourth of the members
of the fully constituted Council.
The implementing Rules and Regulations were 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. RDC Region 5 will have a
total of fourteen PSRs: 12 geographic representatives (two per
province), and one each to represent the basic sector and the labor
sector.
Definition of Terms
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Private Sector Representative (PSR) refers to a qualified person
selected under these guidelines to represent the private sector
in the Regional Development Council (RDC).
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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 include 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 nominee must have been formally nominated by a qualified
PSO duly accredited by the RDC and must meet the following
qualifications:
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Citizenship. A PSR nominee must be a Filipino citizen of legal
age and not otherwise disqualified by law.
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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.
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Performance. A PSR nominee must have proven track record in
socio-economic development in the region.
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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:
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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.
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Track Record. The PSO must have conducted socio-economic
activities for at least three (3) years from date of
registration in the region concerned and the scope of its
activities must be at least provincewide or citywide
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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.
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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
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Accreditation.
The RDC Secretariat shall prepare a list of
accredited PSOs in the region. It shall also pre-qualify the
PSOs that shall participate in the PSR selection at least one
month prior to the actual selection of PSRs.
Procedure for Accreditation
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Any PSO operating in the region may apply for
accreditation through the RDC Secretariat.
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The RDC Secretariat shall evaluate the PSO according to the
qualifications. PSOs who qualify for nominating PSRs shall
be accredited
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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.
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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 (2)
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 the sectoral
committee.
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Labor and Basic Sector Representatives.
The labor sector and
the basic sector representatives shall be selected as follows:
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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.
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A representative 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).
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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 (3) 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. 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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