sample ordinance for the creation of a migrants services and development council

8/7/2019 Sample Ordinance for the Creation of a Migrants Services and Development Council

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Sample Ordinance

Republic of the PhilippinesProvince of _________________

City of ________

OFFICE OF THE SANGGUNIANG PANGLUNGSOD

Excerpts from the Minutes of the Regular Meeting of the Sangguniang Panglungsod of __________________ held on (Month) ___, (Year) at the SB Session Hall.

Present:___________________ - Vice-Mayor and Presiding Officer___________________ - City Councilor, Sangguniang Panglungsod___________________ - City Councilor, Sangguniang Panglungsod___________________ - City Councilor, Sangguniang Panglungsod

___________________ - City Councilor, Sangguniang Panglungsod___________________ - City Councilor, Sangguniang Panglungsod___________________ - City Councilor, Sangguniang Panglungsod___________________ - City Councilor, Sangguniang Panglungsod___________________ - City Councilor, Sangguniang Panglungsod___________________ - City Councilor, Sangguniang Panglungsod

Absent:

Resolution No. ___ Series of _____

Whereas, the Philippine Constitution encourages right of the people and their organizations to effective andreasonable participation at all levels of social, political, and economic decision-making;

Whereas, it is stated in the Local Government Code of 1991 that territorial and political subdivisions of theState shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development asself-reliant communities and make them more effective partners in the attainment of national goals;

Whereas, laws and jurisprudence recognize the vital role of the people, peoples organizations and non-government organizations in the development of autonomous and self-reliant local government units;

Whereas, the Local Government Code of 1991 provides for an institutional and legal mechanism that wouldallow the people to play a direct and active role in the development affairs of the local government unit;

Whereas, the Local Government Code of 1991 allows for the establishment of sectoral or functionalcommittees that would precisely recognize the vital role of the people in the level of local and nationalgovernance;

Whereas, this Sangguniang Panglungsod is convinced of the urgent and transcendental need for a sectoral orfunctional committee that would focus on the participation and role of the various stakeholders in migration anddevelopment issues;

Whereas , this Sangguniang Panglungsod is aware that for over five decades, migration has steadily risen to be animportant issue worldwide. Factors that include growth in international trade, rapid population expansion,higher rates of urbanization, widening gap between rich and poor, and economic and political oppression haveled many people to seek better economic opportunities elsewhere, either in other parts of their country or other


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parts of the world. According to the latest statistics, there are about 121 Filipinos per hour who leave thecountry to work abroad;

Whereas , issues of unabated flow of people into the urban centers or movement outside the country were seenas natural impact of economic boon and peoples search for better opportunities outside of their hometowns.Metro Manila Cities have absorbed the major brunt of the uncontrolled people movement from rural to cities.Shantytowns have mushroomed in all of the 14 cities and municipalities with Quezon City and Caloocanshowing the biggest boom;

Whereas, Overseas Filipino Workers (OFWs) remittances substantially augments the Philippines dollar reservesand thus, keep the Philippine economy afloat. The OFW remittances and diaspora philanthropy had consistently fueled both national and local development;

Whereas , all these benefits, however, do not come without costs. International, national and local news havereported and featured sad, unfortunate and tragic experiences of OFWs in foreign lands and their families and

communities;Whereas , the issue of migration is not only a national government concern. Local government units (LGUs)have major roles to play in the management and control of people movement . In the June 4, 2008 forum TheChallenge of Rural-to-Urban Mobilization and International Migration held at the Asian Institute of Management (AIM) in Makati City, a challenge was posed to LGUs to take proactive response, and look at thenational and local realities and programs to define the policy on migration in the Philippines. LGUs can helpshape some solutions to what otherwise could be a very perplexing, overwhelming national problem;

Whereas, in response to this challenge, this Sangguniang Panglungsod believe that it has the obligation and duty to strengthen the role of the stakeholders of the migrant sector in the creation of responsive, efficient, andsustainable developments plans and social services for the local government unit;

Whereas, this Sangguniang Bayan is convinced of the need to institutionalize, recognize, and empower a councilor committee that would elevate the role and participation of the stakeholders of the migrant sector in thecreation of responsive, efficient, and sustainable services and development plans for the local government unit;

Wherefore, on the motion of City Councilor _________ and duly seconded by City Councilors __________ and __________, it was resolved, as it is hereby resolved to enact the following ordinance:


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ORDINANCE NO. _____ SERIES OF 2009

A City Ordinance Creating a Sectoral Committee to be referred to as the MIGRANTS

SERVICES AND DEVELOPMENT COUNCIL to Participate in the Formulation, Management, andReview of Relevant Portions of the Local Development Plan pertaining to International and InternalMigration, to Participate in the Development of Direct Services for Migrants, and for Other Relevant

Purposes.

Be it enacted by the Sangguniang Panglungsod of the city of _____, Province of ______ in its regular sessionassembled, That:

Section 1. Title

This ordinance shall be known as the MSDC Ordinance of----------.

Section 2. Definition

As used in this ordinance, the following terms and phrases shall mean as follows:

a. Local Development Council shall refer to the special body provided for in Title 6, Section 106 of the Local Government Code of 1991. As stated in the said provision, the development council at theprovincial, city, municipal, or barangay level shall assist the corresponding sanggunian in setting thedirection of economic and social development, and coordinating development efforts within itsterritorial jurisdiction.

b. Sectoral or Functional Committee shall refer to the body provided for in Title 6, Section 112 of the Local Government Code of 1991. As stated in the said provision, the sectoral or functionalcommittee shall be formed by the local development council to assist them in the performance of theirfunctions.

Section 3. Creation of the MSDC. The Migrants Services and Development Council is hereby created toserve as a sectoral or functional committee established to respond to and integrate the needs, vision, and plansof (would be) Overseas Filipino Workers, their families, migrant communities, non-government organizations.

Pursuant to the implementing rules of the Local Government Code of 1991 and to ensure policy coordinationand uniformity in operational directions, the sectoral and functional committee, in this case the MSDC, shalldirectly establish linkages with NGOs and such sectoral or functional committees organized by the government

for development, investment, and consultative purposes.

Section 4: Composition. The MSDC shall consist of:

60% migrant workers and their families

Community-based organizations

Social worker

PESO

PDO

DOLE


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One of the members of the Local Development Council shall also be a member of the Migrants Services andDevelopment Council.

Section 5: Functions and Responsibilities. Consistent with national policies and standards and pursuant tothe empowerment and development of the migrant sector, the Migrants Services and Development Council ,as a sectoral or functional committees shall:

(i)

Provide the LDC with data, information and recommendation essential to the formulation of plans,programs, and activities relating to international migration issues;

(ii)

Define sectoral or functional objectives, set targets, and identify programs, projects, and activitiesfor the particular sector or function;

(iii)

Collate and analyze information and statistics and conduct related studies;(iv)

Conduct public hearings on vital issues affecting the sector or function

(v)

Coordinate planning, programming, and implementation of programs, projects, and activities within

each sector;(vi)

Monitor and evaluate programs and projects; and(vii)

Organize and strengthen the stakeholders for migrant sector

(viii)

Establish access mechanism for non-government sourced funding for industry-related projects andprograms

(ix)

Perform such other functions as may be assigned by the LDC.

Nothing in this provision and in this Ordinance shall prevent the MSDC from directly managing or be allowedto manage projects, services and program that directly affect the migrant sector.

Section 6: Participation of the MSDC in LDC Affairs. The MSDC shall have one vote in the deliberations of projects, plans, and programs that are relevant to the migrant sector.

In the formulation of local development plans, the MSDC is mandated to submit a development plan for themigrant sector of the local government unit concerned. This plan shall be deliberated upon and subsequently integrated, with the necessary modifications, in the final development plan of the local government unit.

Final ProvisionsSection 7. Appropriations

The sum necessary to effectively carry out the provisions of this ordinance during the first year of itsimplementation shall be allocated from the budget of the ____________. The budget for subsequent years shallnot be less than the amount of the preceding years appropriation.

Section 8. Repealing Clause

All previous ordinances, executive orders, rules and regulations or parts thereof, which are inconsistent withthis ordinance, are hereby repealed and modified accordingly.

Section 9. Separability Clause


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If, for any reason or reasons, any part or provision of this ordinance shall be held unconstitutional orinvalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and ineffect.

Section 10. Effectivity Clause

This ordinance shall take effect ten (10) days after a copy of the thereof is posted in a bulletin board at theentrance and in at least two (2) other conspicuous places of the municipal building and the ordinance has beenpublished once in a local newspaper of general circulation in the municipality.

SO ORDAINED

Approved this ________, (YEAR) at ___________.

I HEREBY CERTIFY the correctness of the foregoing resolution and ordinance.

__________________________________ Secretary to the Sangguniang Bayan

ATTESTED:

_______________________________________ Vice-MayorPresiding Officer, Sangguniang Panglungsod

APPROVED:

______________________________________ Mayor

Date of Approval: _______________________

sample ordinance for the creation of a migrants services and development council

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