Historical Movers

INTRODUCTION

“Ang taong hindi marunong lumingon sa kaniyang pinanggalingan ay hindi makakarating sa patutunguhan,"

The Players of history.

History, though it is commonly defined as the story of man, is not the story of man the individual, but man the collective , that is, associated man. Without society there can be no history and there are no societies without men,. History must focus principally on the anonymous masses of individual and of the social forces generated by their collective lives and struggles.

Man alone, man the individual could never have become human except in association with other men. Man interacts with nature and with other men through the intervening reality of society. Without society he would have remained like other animals, unable to consciously change his environment or himself.

It was in cooperative work that men first become human and this cooperative effort is what produced society. But cooperative is an exigency of struggle against nature and against social forces. Men must work together to fight natural or social forces stronger than the individual selves.

Struggle is therefore the essence of life, whether of an individual or a society. An individual has no history apart from society, and society is the historical product of people in struggle.

Human society is the cause and the result of people in motion and in constant struggle to realize the human potential , for the human being is the only species that has unlimited possibilities for development.

History, then, is the recorded struggle of people’s forever increasing freedom and for newer and higher realizations of the human person. But the struggle is a collective one and as such involves the mass of human beings who are therefore the motivators of change and of history.

History is not merely a chronology of events. It is not the story of heroes and great men. Essentially, history consists of the people’s efforts to attain a better life. The common people possess the capacity to make history. In fact, the historic initiative of the masses has time and again produced social cataclysms that have changed the world.

The various changes in society and the upward climb of civilization could not have been possible without the people playing definite and irreplaceable roles in each epoch .

The individuals who made history colorful could not have made history without the people. Supermen may exist in romantic minds or among those who persist in the primitive practice of deifying men; but no supermen exist, only leaders who became great because they were working with and for the people. ( Excerpts and words borrowed from Renato Constantino ‘The Philippines: A Past Revisited.’


A- HISTORY OF THE MOVEMENT


It was barangay election 2002. Seven individuals, ( six running for barangay position as kagawads and one close supporter), united for one major platform: to help make barangay Cannery Site become a municipality (of course that includes eight other barangays – to be mentioned). The group was united in this goal among others. They planned to make this a formal movement so they worked for its registration. The registration was not finished when election day arrived and only one won among the group.

The registration to the Securities and Exchange Commission, Davao City was facilitated and accomplished by Ernesto Mondejar on Augsut 8, 2002.


B. 1. FACTORS THAT INFLUENCED THE FOUNDING OF THE MOVEMENT.


1. The resolutions of Sangguniang Bayan and Sangguniang Panlalawigan was approved on the year 1998. There was an apprehension among the group that the plan will die a natural death.

2. The officials of Cannery Site and eight other barangays are changing and these new officials might have no knowledge and may not be supportive of the plan; so there must be a movement to convince and continually kindle, keeping the fire burning in the hearts of these officials towards this goal.

The movement conceived a Mission-Vision Statement:

“TO HELP THE OFFICIALS OF BARANGAY CANNERY SITE AND EIGHT OTHER NEIGHBORING BARANGAYS IN THEIR STRUGGLE TO BECOME A MUNICI-PALITYWHEREIN THROUGH SINCERE AND EFFECTIVE GOVERNANCE THE PEOPLE WILL LIVE IN A CLEAN AND HEALTHY ENVIRONMENT.”

Trasnlated in dialect as: “Aron makatabang sa mga opisyales sa barangay Cannery Site, ug sa walong kasikbit nga mga barangay sa ilang paningkamot nga makahimo og usa ka lungsod, kon asa pinaagi sa usa ka matinud-anon ug matin-aw nga pagdumalahan ang mga pumuluyo magkinabuhi nga malinawon sa usa ka mahinlo nga palibot.”

2. DATE OF REGISTRATION OF THE MOVEMENT

The movement was registered by the Securities and Exchange Commission on August 8, 2002.

THE FIRST OFFICERS

a. Jose P. Esposado – Chairman
b. Ernesto A. Mondejar – Vice Chairman
c. Beinvenido T. Anito – Secretary
d. Diosdado R. Alde – Treasurer
e. Jose B. Napoles – P.I.O.
f. Peter B. Baybayan – Auditor
g. Mario A. Laano – Business Manager


C. AIMS / OBJECTIVES OF THE MOVEMENT

1. To help the officials of the nine barangays, namely: Cannery Site, Palkan, Lamcaliaf, Kinilis, Polo, Maligo, Landan, Upper Klinan, Klinan 6 on their struggle to become a municipality by giving information and education to their residents on the advantages and benefits derived from being a municipality.

MATUTUM FOR MUNICIPALITY MOVEMENT, INC is a support group to those whomever hold the positions as officials of the nine barangays in the struggle for the creation of ‘municipality of Matutum.’

A. The benefits derived from being a municipality are:

1. Development
2. Additional Budget
3. Less area to focus
    a. for efficiency of service ,
    b. for effectivity,
    c. for better management,
    d. for better administrative functions
4. Others

B. Disadvantages:

1. The IRA of the mother municipality (Polomolok ) will be lessened at the start because:
    (a) the area became smaller,
    (b) the population became lesser.

2. the new municipality, (Municipality of Matutum) will also start with a less IRA


As to the minutes of the consultative assembly from the words of the former governor of South Cotabato former governor Hilario (Larry) de Pedro III, delivered during the consultative
assembly on January 25, 1998 at the HRDC building , Cannery Site:

He said that the smaller the unit, the smaller the area to manage, the better, the more efficient are the officials, because he had experience it personally and he was on top of this. Sighting an example, during the time when Sarangani Province was still a part of the Province of South Cotabato.

“Under the new Local government Code, the governor cannot designate an OIC if he is within his province. When he left Provincial Capitol in Marbel (now Koronadal City) going to the farthest Baran-gay of Maitum, he could not return right away in the same day, which means papers to be signed are stacked, because nobody can sign that because he is still within his province,. He had seen the difficulty to manage. A lot of mayors, a lot of complaints almost every day. So he thought: for efficiency of service , for effectivity, for better management, for better administrative functions. It’s a big advantage to be a separated local government. Whether it be a barangay, municipality or a city. He, the first hand, had seen quickly the advantage during the separation of Sarangani. Although, there where some disadvantages. The IRA of the mother province was lessened and became a shortage because the area became smaller, the population became lesser. That was one of the disadvantages for the mother province. But eventually, now, he realized that it is more easily to manage the Province of South Cotabato, without Sarangani. The shortage of IRA before, it’s because of increase of IRA collection every year, now its getting higher and higher, the IRA collection of the Province of South Cotabato.

But, with the eleven municipalities, South Cotabato is behind to those provinces that numerous municipalities. Because the system of sharing are as follows: for Municipality, province, Cities, the sharing of IRA, the formula, 50% population; 25% Land area, and 25% equal sharing. The 25% equal sharing is a big thing. So, talking about Internal Revenue Allotment, if there are 1,500 municipalities in the entire country, each of this municipality belonged to the 1,500 will be deducted with a certain percentage, corresponding to the 25% of a new municipality. So, it’s not South Cotabato will be affected by this, not only South Cotabato. That if South Cotabato will be deducted or the mother town Polomolok, it will be less effect to, Polomolok because of the creation of this new municipality. But for land area and population, it’s quite to have a big effect on the part of the mother municipality. But with the remaining barangays that will remain in Polomolok, the remaining IRA for them is still sufficient to run the municipality, including the 20% development fund.

So, in his own understanding, at the start, the income of Polomolok will be lessened. But for the new municipality, naturally it will start with a less IRA. That’s why, this soon to be municipality, will have to be prepared with the corresponding obligations. To be more diligent in paying the taxes, business taxes, and real property taxes both for the land and for the improvements (building). The payment of taxes should not be delayed and should not rely on the national assistance or the Internal Revenue Allotment. It should base on the local income to generate its own fund. And Cannery is proving that. And for other barangays, what is needed of them, it only needs on time in payment of their real property taxes, other obligations to the local government, and in due time, it could be seen, time will come, the new municipality will be surprised, it will become bigger and bigger, even it has only nine barangays. Later on, it will be realized, that because it has new leadership, a separate set of officials, who can lobby the higher local units, like the province, the senators, the Congressman, the Malacañang. It’s different to have a separate municipal council, with their own mayor to lobby the congressman / congresswoman. Example: to ask for the cementing of roads, to build basic facilities needed in the municipality, if just rely to Polomolok whatever projects will be asked for to the congresswoman, the present officials will represent. While, if there is a separate municipality, there is another set of officials, who will lobby for the improvement of this new municipality.

So, in effect, the development and progress of these nine barangays will speed up, compared to remain as part of Polomolok. Gevernor Hilario de Pedro III further stated, he’s been an advocate of new ideas no matter how unpopular that idea is, but in the end, eventually, it will serve a better purpose for the common good of the area, why not. Although, it’s quite hard at the start both for the municipality of Polomolok and for the new municipality of Matutum.

Just like women experiencing the first birth of a child, of course it’s painful, the same thing creating a municipality upon birth of the municipality of Matutum, as it come out from the womb of the municipality of Polomolok, there is going to be something, but eventually, at birth of that child and upon his growth, he is growing and become educated and later on he can stand on his own, then the mother would be proud of that child. Just in the same manner that Cotabato, North Cotabato, Maguindanao Provinces are proud of South Cotabato.

And the same manner that South Cotabato are proud and end use of Sarangani. See, that is the vision that Governor de Pedro would like for the proponent to adapt, so that their determination, vision, just what had said by Kag. Jose P. Alperto. So that it will not fade from their heart and mind, they should know their goals, they know what’s going to happen in the future. It is not for the purpose of creating a new municipality to spite the present local leadership, or not in good terms with the mayor. That’s why they wanted to separate, of course, that was not their reason, but they want to create a new municipality, because they are in a hurry to progress and develop. That is the only reason. So with his own understanding, what Kag. Jose Alperto’s said was right, if they are not going to start now, when will it be? They should remember, he reminded, it took more than three (3) years before South Cotabato was separated from the mother province Cotabato. What will happen, first, they must have to comply at least 50,000 hectares, and Municipality of Matutum have more than enough. It is bigger compared to Municipality of Sto. Niño. and Tantangan. Second it must have to have an income, under the New Local Government Code, 2.5 million. But actually that is based on the 1992 price index., so that 2.5 million might be equivalent to 10 million at present, still complied; and the population of 25,000, and still complied very clear. So basic requirements, legal requirements, complied with. After that, a resolution should be passed, and he expects, that the same morning that the nine (9) barangay Captains will sign a join resolution asking the municipal council of Polomolok to favorably endorse the resolution for the creation of a new municipality, and then after that, it will be passed to the Sanguniang Panlalawigan. At the Sangguniang Panlalawigan, only three (3) board members are coming from 1st district, and he is sure that those three, whoever they may be up to the election, they should support this. The problem is from the other districts, they are seven (7).

He encouraged those who have relatives from the 2nd district, they should campaign to vote for those board members that are sympathetic to the proponent, to tell their relatives frankly, because in the political reality, they must have to realize. Because nothing will happen if it could not pass the Sanguniang Panlalawigan. Of course it could be by passed if Congresswoman will allow.

And governor De Pedro thinks, she’s going to win again. So they have to convince her to create this new municipality. Because all creation of the municipalities can only be done by Congressional Act. The Sangguniang Panlalawigan is for the creation only of the barangay, it is not authorized to create a municipality. It’s only congress. But the favorable endorsement of the provincial board is necessary, after that, it can pass, there’s a law to pass at the congress with the concurrence of the senate. Then a plebiscite will be scheduled, plebiscite asking the entire Polomolok including those remaining barangays.

If they are in favor of the separation, then they must have to campaign, convince the remaining barngays. Only then, after the plebiscite, if YES votes will win, then a law, a declaration to that effect, will be signed by the president, creating a new municipality. So, better start now, he encouraged. What the proponents are going to convince first is themselves, they should be convinced to become a municipality, they have to bank all the advantages, for the rapid progress of the nine (9) barangays. The composition of the nine barangays is qualified, the Governor declared.

And you are the very people, you will go down in the history of South Cotabato and Polomolok, as the pioneers, as the people who are responsible, as the people who have the vision that Matutum should be created for your own sake, for your children’s sake, for your children’s children future. That will be happened. All your benefits, all for advantages, in due time”. That ended the statement of Governor Hilario de Pedro III.


2. To help maintain the ecological balance of the nine barangays for the future muni-cipality of Matutum, so that the residents will live in a clean and pollution-free environment.

It is evident that a nation that has a destroyed ecological balance is doomed to suf

fer socio-political and economic difficulty. Enshrined in the 1987 constitution of the Philippines are Sec. 15 and 16 of article II, which provide seriatim that:

“The state shall protect and promote the rights to health of the people and instill health consciousness among them and the state shall protect and advance the welfare of the people to a balanced and healthful ecology, in accord with the rhythm and harmony of nature.”

Ecology is that branch of science that deals with the study of the interrelation-ships of living things (organisms, plants and animals) and their environment. ( see Art. XII, Sec.3. Philippine Constitution).

The Constitution, in Section 16, takes cognizance of the continuing degrada-tion of the Philippine environment which has become a matter of national concern caused by rapid urbanization (migration of people from rural areas to urban centers), industrial growth, population expansion, natural resources utilization, the use of modern technology, and other socio-economic factors, and consequently, the need for an environment protection program to prevent further injury and/or damage to plant and animal life and property and, more important, to protect human life, health and safety.

Many people today are unable to live in dignity as human beings because they cannot acquire the necessary food, housing, health, sanitation and education as a result of the deterioration of the environment. The quality of life of the people cannot advance unless the living environment is nurtured and valuable natural resources are protected and preserved.

The lesson drawn from ecological studies in the United Nations show that politi-cal, social, and economic growth and development are crucially dependent upon the state of the human environment. For this reason, the improvement of the quality of our environment should occupy a higher place in the scheme of priorities of the govern-ment. ( Source: Textbook on Philippine Constitution, by Hector S. De Leon, 1997 edition ).


3. To instill in the minds of the residents that the future municipality of Matutum is not only the responsibility of its officials but of the citizenry as well.

Art. II, Section 1, states: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.”

The Philippines, a democratic and republican state

The above declaration is a re-statement (see Preamble) of the democratic character of our government. A republican government is a democratic government by representatives chosen by the people at large. The essence, therefore, of a republican state is indirect rule. The people have established the government to govern themselves. Its officers from the highest to the lowest are servants of the people and not their masters. They can only exercise the powers delegated to them by the people who remain as the ultimate source of political power and authority.

Section 1 adds the word “democratic” because the government, while essentially a republican democracy embodies some features of a pure democracy such as the initiative and referendum. (see Art. VI, Sec. 32.)

Manifestations of a democratic and republican state.
The Manifestation of a democratic and republican state are:

1. The existence of a bill of rights (Art. III.);
2. The observance of the rule of majority (Introduction-E.);
3. The observance of the principle that ours is a government of laws, and not of men (Ibid).);
4. The presence of election through popular will (Art. V.);
5. The observance of the principle of separation of powers and the system of checks and balance (see Art. VI, Sec. 1,);
6. The observance of the principle that the legislature cannot pass irrepealable laws (see. Art. VI, Sec. 26.);
7. The observance of the law on public officers (Art. XI.);
8. The observance of the principle that the state cannot be sued without its consent. (Art. XVI, Sec. 3,)

Sovereignty of the People

Sovereignty implies the supreme authority to govern. As the state in whom sove-reignty resides, the Filipino people have the right to constitute their own government, to change it, and to define its jurisdiction and powers.

1. Exercised indirectly through public officials. – But the people do not govern themselves directly. Sovereignty (ex. Making laws, enforcing the same, and deciding cases involving life, liberty, and property) is exercised through duly constituted public officials who, as public servants, are accountable to the people. (Art. XI, Sec. 1.) Their acts, if within the scope of their delegated power, are in effect, the acts of the people.

2. Exercised directly through suffrage. – Actual sovereignty is exercised by the people through the electoral process. The popular will is best expressed when electoral processes are free, clean and honest, on the basis of universal suffrage (i.e., not granted by status or property) and through secret vote. It is also imperative that the broadest choice of representatives is available to the people’s sovereignty is of great importance.


Right of the people to revolt.

Sec. 1 above recognizes that the people, as the ultimate judges of their destiny, can resort to revolution as a matter of right.

A provision in the Constitution expressly recognizing the people’s right to revolt against an oppressive or tyrannical government is not necessary and proper. Being an inherent right, it exists whether or not such right is embodied in the Constitution and, regardless of the Constitution people will revolt if sufficiently provoked by oppression or abuses. A constitution in a democratic State enshrines the rule of law and, therefore, any allusion to the right of violent or armed revolution ( which connotes an act committed beyond the framework of the rule of law) would be inconsistent with the concept of a Constitution. It would also not speak well of the political stability of the State, because such a provision connotes that there is a distinct possibility that the time may come when the people have to revolt against tyranny.

In any case, in a democratic society where the consent of the governed is regularly expressed through open debates and free elections, “prudence, indeed, will dictate that Governments long established should not be changed (through revolution) for light and transient causes.”( Source, Textbook on the Philippine Constitution, by Hector S. De Leon, 1997 edition)


RULES AND REGULATIONS IMPLEMENTING

THE LOCAL GOVERNMENT CODE OF 1991 (R.A. 7160)

RULE XIX – DISCIPLINARY ACTIONS

Art. 124. Grounds for Disciplinary Actions. - (a) An elective local official may be censured, reprimanded, suspended, or removed from office after due notice and hearing on any of the following grounds:

1. Disloyalty to the Republic of the Philippines
2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty.
4. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor, which is from six years (6) years and one (1) day to twelve (12) years imprisonment;
5. Abuse of authority
6. Unauthorized absence for fifteen (15) consecutive working days, in case of local chief executives and four (4) consecutive sessions in case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, ang sangguniang barangay.
7. Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and
8. Such other grounds as may be provided by the Code; RA 6713; RA3019; Administrative Code of 1987; the Revised Penal Code and all other applicable general and special laws.

(b) An elective local official may be removed from office on the grounds enumerated in paragraph (a) of this Article by order of proper court or the disciplining authority whichever first acquires jurisdiction to the exclusion of the other.


Art. 125. Forms and Filing of Administrative Complains

RULE XX – LOCAL INITIATIVE AND REFERENDUM

Art. 133. Local Initiative Defined. – Local initiative is the legal process whereby the registered voters of an LGU may directly propose, enact, or amend any ordinance through an election called for the purpose.

Art. 134. Who May Exercise?. – The power of initiative may be exercised by all the registered voters of provinces, cities, municipalities, or barangays, and metropolitan political subdivisions as may be created by law.

Art. 125. Procedure in Local Initiative


RULE XXI - RECALL

Art. 154. By Whom Exercised. – The power of recall for loss of confi-dence shall be exercised by the registered voters of an LGU to which the elective local official subject to such recall belongs.

Art. 155. Who May Be Recalled. – Any elective provincial, city, munici-pal or barangay official may be recalled for loss of confidence in the manner prescribed in this rule provided that no recall may be instituted against said elective official who has been the subject of a previous recall election held during the same term of office.

Art. 156. Preparatory Recall Assembly There shall be a preparatory recall assembly in every province, city, legislative district and municipality which shall be composed of the following:

(1) Province
(2) City
(3) Legislative District
(4) Municipality – all punong barangay and sangguniang barangay mem-bers of the municipality


Art. 157. Recall Procedures. –

(a) Recall may be initiated by the preparatory recall assembly or by the registered voters of the LGU to which the elective local official subject to such recall belongs

(b) Recall of any elective provincial, city, municipal or barangay official may also be validly initiated upon petition of at least twenty five per-cent (25%) of the total number of registered voters in an LGU con-cerned during the election in which the elective local official sought to be recalled was elected.

(c) Majority of the preparatory recall committee…

(d) A written petition …

(e) Upon the lapse of the period…


PURPOSE OF IMPEACHEMENT

Its purpose is to protect the people from official delinquencies or malfeasances . It is therefore, primarily intended for the protection of the State, not for the punishment of the offender. The penalties attached to impeachment are merely incidental to the primary intention of protecting the people as a body politic .


Art. XI, Sec. 1, States: Public Office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, inte-grity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.”

Meaning of public office and public officer.

A public office is the right, authority, and duty created and conferred by law by which, for a given period either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government to be exercised by him for the benefit of the public.

The individual so invested is a public officer.

Nature of public office.

1. A public office is a public trust. (Sec. 1.) It is not to be understood as a posi-tion of honor, prestige and power but a position of rendering service to the public.

2. It is not property. The holder of the office may not claim vested right in it which may not be disturbed by legislation. Any office (except when created by the constitution) may be abolished by law unless the abolition undermines the security of tenure of members of the judiciary. (see Art. VIII, Sec. 2, par. 2.)

3. It is not a contract. Consequently, one has no right to sue the government for the recovery of damages which he may suffer from his removal from office.

Public office, a public trust.

The above provision lays stress on the well-known dictum that public office is a public trust.

1. Significance of a constitutional declaration. – Although this basic concept is already rooted in our system of government and is universally accepted in all democratic governments, a categorical declaration thereof in the Constitu-tion is deemed necessary as it will always serve as a reminder to public officers of the “sacred character of their tasks” and a warning that “violation thereof would be nothing less than a sacrilege.”

2. Standard required of public servants – Any government office is a trust for its is created for the sole purpose of effecting the end for which the government has been instituted, which is the common good and not for the profit, honor, or private interest of nay one men, family, or class of position which exacts from him certain standards which generally are not demanded from or required of ordinary citizens.

a. He is in truth and not merely figuratively the servant of the people, and as such, he is enjoined to serve his office with the highest degree of “responsibility, integrity, loyalty, and efficiency ,” and at “all time be accountable to the people.” Legality should not be the sole test of official conduct. The act of a public official should not only be legal but moral as well.

b. As a public servant, he must “ act with patriotism” having in mind only the best interest of the people he serves, His love for and devotion to country must be beyond question.

c. In the performance of his duties and functions, and even in private life, he must “act with justice’ by giving every one his due, He must not practice the so-called “palakasan” system, whereby favored parties are given undue advantage or preference on the basis of personal, political and other extraneous considerations.

d. In requiring public officers and employees to “lead modest lives,” the Constitution seeks to make them models of frugality and to put a stop once and for all to the scandalous spectacle in the past when government officials, especially those occupying sensitive positions, practically flaunted their opulence by indulging in thoughtless wastefulness and extravagance well beyond their known means of income in the midst of the poverty and want of many of their countrymen.

3. Conflict of interest to be avoided – Nor is this all. Public interest demands not only that he keeps faith with the trust reposed upon him, but also that, like Caesar’s wife, he should be above suspicion. Accordingly, he should not place himself in a position where his loyalty to his own interest or those of his family or his associates.

It is precisely to guard the fiduciary nature of public office that the Constitu-tion places certain prohibitions in the case of the President, Vice president, members of the Cabinet and their deputies or assistants (Art. VII, Sec. 13.), the members of Congress (Art. VI, Sec. 13, 14.), the members of the Constitutional Commissions ( Art. IX, Sec. 2.), and the Ombudsman and his deputies. (Sec. 8, par. 2.). Together, these prohibitions constitute an implementation of the above principle that a public office is a public trust.


Accountability to the people.

Section 1 enunciates the principle of public accountability. It sets down in unequivocal terms the mandate that all government officials and employees, whether they be the highest in the land or the lowliest public servants, shall at all time be answerable for their misconduct to the people from whom the government derives its powers.

It is the taxpayers who pay for the salaries, wages or any compensation to gov-ernment officials, employees, laborers or workers. A simple citizen as long as he lives in a community is paying taxes directly or indirectly. It is this taxes that contributes to the coffers of the government wherein salaries are paid. More indirect taxes are being paid by the common tao than direct taxes paid by businesses. Any individual who makes purchases are paying indirect taxes because common practice is that sellers pass their production cost to the price of their products.

The projects initiated by a public official is not his project. It is a project of the people. It belongs to the people. No public official can claim it as his own. Therefore the citizenry must show concern for them and take care of them. It is their money from taxes that was being spent there.

The plan initiated by the public official is not for his own good. It is for the benefit of the people because he is their public servant not their master.

4. To work for the economic upliftment of workers, laborers, and employees


Art. II, Sec. 18, states: The state affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.


Art. XIII, Sec. 3, states: “The state shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The state shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation , and shall enforce their mutual compliance therewith to fos-ter industrial peace.

The state shall regulate the relations between workers and employers, re-cognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.”


a. Protection To Labor
1. Rights to ones’ labor deemed property
2. Labor, a primary social economic force

b. Promotion of full employment and equal work opportunities
1. Creation of employment opportunities imperative
2. State has duty to eliminate discriminatory practices
3. Useful labor essential to personal dignity and development
4. Duty of every citizen to engage in gainful work

b. Rights of Workers
1. Right to self-organization
2. Right to collective bargaining
3. Right to collective negotiation

4. Right to peaceful and concerted activities including the right to strike

5. Right to security of tenure

6. Right to just and humane conditions of work

7. Right to a living wage

8. Right to participate in policy and decision making processes


c. Principle of Shared responsibility
Labor conflicts through strikes and lockouts result in tremendous losses in terms
of interruption of production, disrupt public peace and order, sometimes cause the loss of life and destruction of property, and affect adversely the economy of the nation as a whole.

Both management and labor share a social responsibility in the promotion of industrial peace which redounds in the end to the benefits of all. They must learn to disengage themselves from the thinking that industrial relations are something inherently adversarial or confrontational. They must observe legal requirements and prohibitions and obey the orders of the courts and other agencies. When disputes or differences have arisen, they must endeavor to settle them through peaceful means, making preferential use of voluntary modes in settling disputes, including concilia-tion.


d. Methods for resolving labor disputes

1. Collective bargaining
2. Arbitration

2.1. Voluntary
2.2. Compulsory


e. Reciprocal Rights of Labor and Enterprise
1. Rights of workers and employer’s under a wage system
2. Reconciliation of their conflicting rights

5. To promote an ecology-friendly system of farming to the farmer-members

Ecology is that branch of science that deals with the study of the interrelationships of living things (organisms, plants and animals) and their environment. ( see Art. XII, Sec.3. Philippine Constitution).

a. Organic farming
b. Contour farming
c. Others


6. To raise funds to support the activities and projects of the association


D. WHAT IS THE ROLE OF A MUNICIPALITY?

Sec. 440 – Role of the Municipality – The municipality, consisting of a group of baran-gays, serves primarily as a general purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitance within its territorial jurisdiction. ( Local Government Code of 1991, R.A. 7160 )


E. HOW IS A MUNICIPALITY CREATED? – REQUIREMENTS

RULES AND REGULATIONS IMPLEMENTING THE LOCAL GOVERNMENT CODE OF 1991, REPUBLIC ACT NO. 7160


Article 13- Municipalities –
Requisites for creation – a municipality shall not be created unless the following re-quisites are present:

1. Income – An average annual income of not less than Two Million Five Hundred Thou-sand Pesos (P2,500,000.00), for the immediately preceding two (2) consecutive years based on 1991 constant prices, as certified by the provincial treasurer. The average an-nual income shall include the income accruing to the general fund exclusive of special funds, special accounts, transfers, and nonrecurring income.

2. Population – which shall not be less than twenty five thousand (25,000) inhabitants, as certified by NSO, and

3. Land Area – which must be contiguous with an area of at least fifty (50) square kilometers, as certified by LMB. The territory need not be contiguous if it comprises two (2) or more islands. The requirements on land area shall not apply where the proposed municipality is composed of one (1) or more islands. The territorial jurisdiction of a municipality sought to be created shall be properly identified by metes and bounds.

The creation of a new municipality shall not reduce the land area, population, and income of the original LGU or LGU’s at the time of said creation to less than the prescribed minimum requirements. All expenses incidental to the creation shall be borne by the petitioners.

(B) Procedure for creation –

1. Petition – Interested barangays shall submit the petition, in the form of a resolution, of their respective sanggunians requesting the creation of a new municipality to the Congress, and furnish copies thereof to the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan of the LGUs concerned.

2. Comments on petition – The sangguniang panlungsod or sangguniang bayan, together with the sangguniang panlalawigan, shall submit to the Congress its comments and recom-mendations on the petition for creation of the municipality.

3. Documents to support petition – The following documents shall be attached to the petition for creation.

(a) certification by the provincial treasurer, in the case of municipalities and compo-nent cities, and the city treasurer, in the case of highly urbanized cities, that the average annual income of the proposed municipality meets the minimum income re-quirement and that its creation will not reduce the income, based on 1991 constant prices, of the original LGU or LGUs to less than the prescribed minimum.

(b) Certification by the NSO as to population of the proposed municipality and that its creation will not reduce the population of the original LGU or LGUs to less than the prescribed minimum.

(c) Certification by the LMB that the land area of the proposed municipality meets the minimum land area requirements and that its creation will not reduce the land area of the original LGU or LGUs to less than the prescribed minimum.

(d) Map of the original LGU or LGUs, indicating the areas to be created into a munici-pality. The map shall be prepared by the provincial, city, or district engineer as the case may be and shall clearly indicate the road network within the proposed city,

(e) Certification by the LMB that disposable and alienable public lands are available in the area to be created into a municipality sufficient to meet its growing population and the following purposes.

1. Government center site of not less than five thousand (5,000) square meters which shall include the municipal hall site and those of other government buildings.

2. Market site of not less than five thousand (5,000) squres meters, located out of view of the municipal hall, schools, plaza, and cemetery and near but not along a provincial road, railroad station, navigable river, or sea.

3. Plaza or park of not less than five thousand (5,000) square meters located preferably in front of the municipal hall.

4. School site of not less than five thousand (5,000) square meters, in well-drained location that conforms with the requirements prescribed by public school authorities, and

5. Cemetery Site of not less than five thousand (5,000) square meters for every ten thousand (10,000) population which conforms with the requirements prescribed by health authorities.

(f) Number and nature of existing industrial and commercial establishments in the territory of the proposed municipality as certified by NSO;

(g) Sources of potable water supply for the inhabitants as certified by LWUA or MWSS, as the case may be;

(h) Facilities, plans, and site for sewerage, garbage and waste disposal as

certified by the local engineer; and

(i) Such other information that the petitioners may deem relevant for consideration in the petition.

(j) All cost incurred in the production of the required documents shall be borne by the petitioning LGUs.


3. Plebiscite –

(a) Upon the affectivity of the law creating a municipality, the Comelec shall conduct a plebiscite in the LGUs directly affected within one hundred twenty (120) days or within the period specified in the law.

(b) The Comelec shall conduct an intensive information campaign in the LGU concerned at least twenty (20) days prior to the plebiscite. For this purpose, the Comelec may seek the assistance of national and local government officials, mass media, NGO’S, and other interested parties.

(C) Beginning of Corporate existence – When a municipality is created, its corporate existence shall commence upon the election and qualification of its mayor and a majority of the members of its sanggunian, unless some other time is fixed therefor by the law creating it.


F. PROPOSED “MATUTUM MUNICIPALITY”

On January 25, 1998, nine (9) barangays of Polomolok East, Barangay CannerySite, barangay Klinan 6, barangay Upper Klinan, barangay Lamcaliaf, barangay Palkan, barangay Polo, barangay Maligo,  barangay Kinilis, held a consultative Assembly.

This was represented by the nine barangay captains namely:

In alphabetical order:

1. Ante, Rudy Brgy. Landan
2. Cadorna, Eugenio Brgy. Lamcaliaf
3. Galoyo, Vicente Brgy. Palkan
4. Garmino, Roger Brgy. Maligo
5. Gerada, Raul Brgy. Polo
6. Gomez, Roger Brgy. Upper Klinan
7. Jimena, Roberto acting chairman presiding, Brgy. Cannery Site
8. Lima-lima, Edilberto Brgy. Klinan 6
9. Villanueva, Rodolfo Brgy. Kinilis

and the different barangay kagawads and officials, SK chairmen, officials of dif-ferent puroks, NGO’s, and barangay residents. There were 159 attendees all in all.

Each barangay made a Resolution Series of 1998:

“Resolution Requesting the Sangguniang Bayan of Polomolok for a Favorable Endorement to the Congress of the Philippines through Honorable Luwalhati Antonino Congresswoman of the First District of South Cotabato to Sponsor a Bill Creating Barangay Cannery Site, Klinan 6, Upper Klinan, Lamcaliaf, Palkan, Polo, Maligo, Kinilis and Landan into a Regular Munici-pality, Province of South Cotabato.”

A resolution called Joint Resolution No. 2, Series of 1998 was also drafted and unanimously approved through a joint sponsorship by the nine barnagay captains. A resolution entitled:

“A RESOLUTION REQUESTING THE SANGGUNIANG BAYAN OF POLOMOLOK FOR A FAVORABLE ENDORSEMENT TO THE CONGRESS OF THE PHILIPPINES THROUGH HONORABLE LUWALHATI ANTONINO CONGRESSWOMAN OF THE FIRST DISTRICT OF SOUTH COTABATO TO SPONSOR A BILL CREATING BARANGAY CANNERY SITE, KLINAN 6, UPPER KLINAN, LAMCALIAF, PALKAN, POLO, MALIGO, KINILIS AND LANDAN INTO A REGULAR MUNICIPALITY TO BE NAMED MUNICIPALITY OF MA-TUTUM OR MATUTUM MUNICIPALITY, PROVINCE OF SOUTH COTABATO.”

These resolutions together with other pertinent documents and records was for-warded and received by Sangguniang Bayan of Polomolok on February 17, 1998.

On February 18,1998 the Sanguniang Bayan of Polomolok, made a joint-sponsorship of Resolution No. 25, “Resolution indorsing the petition for the creation of a new municipality to be known as the municipality of Matutum, Province of South Cotabato.”

Present were:

1. Hon. Kag.Calixto B. Salada. M.D. – kagawad Presiding
2. Hon. Kag.Justino C. Norcos
3. Hon. Kag. Rogelio E. Limos
4. Hon. Kag. Ricardo B. Alerta
5. Hon. Kag. Wilfredo J. Jandic
6. Hon. Kag. Vicente S. Angcos
7. Ex-Officio member: Roberto C. Jimena – ABC President
8. Ex-Officio member: Aaron C. Andatuan – SK Chairman

This was approved on February 24, 1998 and was signed by the Honorable Mayor Atty. Jordan H. Reyes.

It was resolved further to forward the resolution to the Sangguaniang Panlalawigan of South Cotabato. And also resolved to forward this resolution to the Congress of the Philippines, thru Hon. Luwalhati R. Antonino, Congresswoman of the First District of South Cotabato for consideration and appropriate action.

On March 31, 1998, the Sangguniang Panlalawigan in its regular session, tackled Resolution No. 59, “Resolution Favorably Indorsing the Petition for the Cre-ation of a New Municipality to be known as the Municipality of Matutum, Province of South Cotabato”, and approved it on its 3rd and final reading on the 7th day of April, 1998 and signed by Honorable Cecile E. Diel, Vice Governor Presiding.


Present were:

1. Hon. Cecile E. Diel – Vice governor presiding
2. Hon. Nenita L. Jarabelo – SP member
3. Hon. Rene B. Jumilla - SP member
4. Hon. Eliordo U. Ogena - SP member
5. Hon. Eduardo H. Siason – SP member
6. Hon. Eduardo J. Biadoma – SP member

It was further resolved to furnish copy of said resolutions to Honorable Con-gresswoman Luwalhati Antonino and Honorable Congresswoman Daisy Avance-Fuentes, House of Representatives, Diliman, Quezon City, for appropriate action.


H. QUALIFICATION OF THE BOARD OF TRUSTEES?

1. Filipino, 18 years of age or above and a bona fide resident of the of the proposed municipality of Matutum, South Cotabato
2. A member of good standing


I. WHAT ARE THE QUALIFICATIONS FOR MEMBERSHIP?

In the meeting held on August 19, 2002, it was decided by the board of trustees that the following are the qualification of membership:

1. A Filipino citizen
2. At least 18 years of age
3. Bona fide resident of the proposed municipality of Matutum
4. Willing to abide by the constitution and by-laws of the movement
5. Willing to undergo pre-membership orientation
6. Have no criminal record nor convicted by imprisonment
7. Have paid a membership fee of ten pesos (P10.00)



J. CONCLUSION

           CORRUPTION

Corruption is not merely a disease in our government. Corruption is a chronic malady of our society. Closely related to wrongdoing in government is the correspondingly corrupt attitude of our people towards official morality. Perhaps the most frightening sign of all is the blithe matter-of-fact acceptance of evil. We might even go so far as to say that the greatest corruption of all is this general acceptance of corruption.

WE GET WHAT WE DESERVE
Our matter-of-fact acceptance of corruption is nowhere more evident than in the conduct of our elections. We affirm as an elementary truth the proposition that only a man with money should run for office because no one will work for him unless he can give out the pesos ( and sometimes the dollars ). There is corruption too, in the idea that a vote for a candidate is a favor granted him and not an exercise of the right of choice. The validity of party platforms, the examination of a candidate’s views, and the consideration of basic issues, seldom play an important part in the voter’s choice. He is cowed down by a show of strength and wealth.

One of the pathetic pictures of corruption is that of a poor voter boasting of the money his candidates is using to buy up people’s votes. The poor man is corrupt but has nothing to show for his corruption except the vicarious thrill of being associated with wealth for a brief period. Indeed, our whole attitude towards elections is corrupt. As ra-bid followers of this or that candidate, we distort truth, fabricate lies, justifies and sometimes participate in all kinds of shady schemes to gain victory. We are more moral about basketball games (expecting fair refereeing and clean playing ) than about elections.

The wonder of it is that after the fever of the campaign, we complain about the quality of our leadership. That is unfair. We have no right to expect honor from disho-nor, impartial statesmanship from rabid partisanship, intellectual integrity from disho-nesty. Thus, in practically every election in the past, we got exactly what we wanted. (Renato Constantino: The Corrupt Society).

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