Title
Implementing Rules of RA 8425 for NAPC
Law
Op Administrative Order No. 11
Decision Date
Jul 27, 1998
The Implementing Rules and Regulations (IRR) of Republic Act 8425 outlines the guidelines for the creation and operation of the National Anti-Poverty Commission (NAPC) and the implementation of the Social Reform Agenda (SRA) in the Philippines, focusing on economic, social, ecological, and governance dimensions to address poverty and inequality.

Law Summary

Administrative Directives for NAPC Implementation

  • Approval and adoption of the Implementing Rules and Regulations (IRR) governing NAPC creation.
  • NAPC Lead Convenor to coordinate development and operationalization of the National Anti-Poverty Action Agenda and Admin's flagship anti-poverty programs.
  • Flagship agencies and government departments tasked to:
    • Review and realign existing programs and commit resources to flagship programs.
    • Consult with sectoral organizations and councils for program implementation.
  • Formation of a Technical Working Group to assist in coordinating programs and funding recommendations.
  • NAPC Lead Convenor to submit recommendations to the Office of the President within 60 days.

The Philippine Approach to Social Reform and Poverty Alleviation

  • National Anti-Poverty Action Agenda integrates core principles and programs of the Social Reform Agenda.
  • Multi-dimensional poverty alleviation addresses four dimensions:
    • Economic (Asset Reforms): Prioritizes equity in resource ownership, distribution, and control with government enactment and enforcement.
    • Social: Ensures access to quality basic services (education, health, housing) and protection against discrimination and violence.
    • Ecological: Promotes sustainable development and responsible management of natural resources.
    • Governance: Advocates equal representation and participation particularly in decision-making and local governance.

Basic Sectors’ Specific Agenda under Asset Reform

  • Farmers and landless rural workers: land ownership and fair productivity.
  • Fisherfolk: access and sustainable management of aquatic resources.
  • Urban poor: security in housing, land, and income opportunities.
  • Indigenous Cultural Communities: recognition of ancestral domain rights and cultural integrity.
  • Formal and migrant workers: labor rights, living wages, and security.
  • Informal workers: labor protection, workplace security, and organizational support.
  • Disadvantaged groups including women, youth, elderly, and persons with disabilities: reforms against marginalization and discrimination.

Composition and Powers of the National Anti-Poverty Commission (NAPC)

  • Created under the Office of the President, succeeding abolished commissions and councils.
  • Composed of government and basic sector representatives.
  • Powers include coordinating government and civil society efforts, policy recommendation, ensuring sectoral participation, monitoring implementation, mobilizing funds, and submitting annual progress reports.
  • Required quarterly en banc meetings and special sessions as necessary.

Appointment and Structure within NAPC

  • The President can appoint additional members representing basic sectors as needed.
  • Establishment of an Executive Committee to oversee operations, chaired by the Lead Convenor and including Vice-Chairpersons and members representing government and basic sectors.
  • Executive Committee functions include setting meeting agendas, overseeing program implementation, handling grievances, recommending disciplinary actions, and executing delegated functions.

Flagship Programs and Lead Agencies

  • NAPC to formulate flagship anti-poverty programs and designate lead agencies for sectoral and cross-sectoral efforts.
  • Lead agencies tasked to ensure program implementation, address issues, and consult sectoral councils.
  • Formation of SRA Teams within agencies staffed with senior technical officers for day-to-day operations.

Sectoral Councils and Participation Mechanisms

  • Created as venues for basic sectors to achieve consensus and manage sectoral representation within NAPC.
  • Councils responsible for nominating and recalling Sectoral Commissioners.
  • Convene at least quarterly and hold consultations with government agencies to develop flagship program components.
  • Empowered to file petitions for recall of Sectoral Commissioners to the Office of the President.

Establishment and Functions of Preparatory Committees and Sectoral Assemblies

  • Preparatory Committees organize Sectoral Assemblies composed of sectoral leaders and representatives.
  • Assemblies elect Sectoral Councils, set rules, membership qualifications, election procedures, and council powers.
  • Emphasis on transparency, representation from federations, regional and gender considerations.
  • Assemblies tasked with performing foundational functions within specified timelines.

National Basic Sector Assembly (NBSA)

  • Institutionalized to ensure accountability, transparency, autonomy, and effective participation of basic sectors.
  • Composed of all Sectoral Commissioners and their two alternates.
  • Functions include consensus-building on cross-sector issues and establishing internal mechanisms.

Miscellaneous Provisions

  • Separability Clause: Invalidity of any provision does not affect others.
  • Effectivity Clause: IRR takes effect upon publication in two national newspapers.

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