[ MEMORANDUM CIRCULAR NO. 2018-89, July 11, 2018 ]
GUIDELINES ON ENGAGEMENTS WITH CIVIL SOCIETY ORGANIZATIONS
Adopted: 11 June 2018
1.1 Section 23, Article II of the 1987 Constitution states that the participation of non-governmental, community-based and other sectoral organizations shall be encouraged by the State.
1.2 Section 67 of Republic Act No. 10964 (General Appropriations Act of 2018) allows national government agencies to partner with civil society organizations (CSOs) in implementing certain programs and projects. The 2018 GAA also provides that the transfer of government funds to a CSO is allowed, provided that, the CSO is accredited by the national government agency and selected in accordance with all applicable rules and regulations.
1.3 In building the long-term foundation of good governance, it is important to develop and strengthen collaborative relationships between the government and civil society. Recognizing the importance of having an active, informed, and capacitated civil society in upholding a culture of good governance, the Department of the Interior and Local Government (DILG), has opened spaces for CSOs to participate in the planning, implementation, monitoring and evaluation of its initiated programs and projects.
1.4 CSOs, in many areas, are found to be effective in enabling services especially in the poorest and marginalized communities as they are closely connected to local communities, CSOs can be effective partners in bringing people together to achieve common development agenda and mobilize support for government programs and projects in more efficient ways.
1.5 This Memorandum Circular is issued to prescribe the general guidelines and conditions for CSO engagements and to establish a mechanism for the DILG to engage CSOs.
2.0 COVERAGE
2.1 This Memorandum Circular shall cover CSOs that would be engaged by the DILG to jointly implement Department programs and projects, with or without the use of government funds.
2.2 This Memorandum Circular shall only involve the accreditation of CSOs by the DILG and the mechanisms by which the DILG will engage CSOs. The conditions in the transfer and liquidation of government funds, if any, shall be covered by the agreement between the Bureau or PMO and the accredited CSO.
The liquidation, utilization and audit of transferred funds, shall be in accordance with the exizting Commission on Audit (COA) Circular No. 2007-001[1] .
3.0 DEFINITION OF TERMS
3.1 Civil Society Organization (CSO) - refers to a non-state and non-profit association that works to improve society and the human condition. Basic types of CSOs include non-governmental organization, civic organization, cooperative, social movement, professional group and business group[2] .
3.2 Department - refers to the Department of the Interior and Local Government. The terms Department and DILG are used interchangeably in this Circular.
3.3 Bureau or PMO - refers to the office that handles the implementation of DILG
programs and projects.
3.4 Accreditation - the process by which the DILG officially authorizes a CSO to be an eligible partner in implementing a Department-initiated program or project with or without the use of government funds. The accreditation is the instrument by which the Department determines the intent, judicial personality, and basic information of the organization and its officers and members.
3.5 Applicant - a CSO applying for accreditation or certification with the DILG to be an implementing partner of a Department-initiated program or project, with or without the use of government funds.
3.6 Sanggunian accredited CSOs - refers to local CSOs that are accredited by a
Sanggunian, for a term, for purposes of representation to local special bodies.
3.7 Certificate of Accreditation - refers to the authorization issued by the DILG, through its National, Regional, and Provincial Accreditation Committees to an eligible CSO to be an implementing partner of DILG programs and projects.
3.8 Certification - refers to the authorization issued by DILG, through its National, Regional, and Provincial Accreditation Committees to eligible Sanggunian- accredited CSOs and CSOs registered by the SEC, CDA, DOLE, and HLURB and/or accredited by other government agencies, to be an implementing partner of DILG programs and projects.
4.0 AREAS FOR ENGAGEMENT
The CSO is a critical partner that can play various roles and wide range of functions in the implementation of the Department s programs and activities. As such, in the engagement with civil society, appropriate programming arrangements and support mechanisms shall be put in place to ensure the achievement of the desired development results.
4.1 The areas that CSOs may engaged with the DILG include the following:
4.1.1 Feedbacking on programs and projects.
CSOs may join in any of the feedback mechanisms that shall be established by the Department, e.g. Community-Based Monitoring Program (CBMP) and Third Party Evaluation of the Local Government Support Fund-Assistance to Municipalities (LGSF-AM) and Local Development Council sub-project monitoring.
Also, the CSOs can directly give feedback to project implementers on the project status of various nationally funded projects such as, but not limited to, Performance Challenge Fund (PCF), Assistance to Municipalities (AM), Salintubig and, Conditional Matching Grant to the Provinces (CMGP).
4.1.2 Pushing for various advocacies
CSOs may contribute to the implementation of commitments to the Open Government Partnership (OGP) and Participatory Governance cluster, advocate for the passage of a local ordinance on freedom of information (FOI), participate in the consultation pertaining to Federalism, participate in initiative of the local Anti-Drug Abuse Council (ADAC), support the Philippine Development Plan (PDP) and the attainment of the Sustainable Development Goals (SDG) and get involve in the local disaster preparedness program, among others.
4.1.3 Formulating plans, policies and issuances
CSOs may participate in consultations or fora for the formulation of plans, policies, guidelines and issuances. The CSOs can also be involved in policy dialogues in local governance, law and order and public safety.
4.1.4 Implementing capacity development programs and other activities
CSOs may implement capacity development programs for other CSOs to ensure their active and meaningful participation in various local special bodies and committees and in the conduct of monitoring and evaluation. They may also implement capability building programs to strengthen LGUs capacity to improve their performance in the implementation of programs and delivery of basic services.
CSO involvement may also include, but not limited to, the conduct of researches, survey, studies, assessments, monitoring and evaluation.
4.2 The DILG will not accept proposals that are not anchored to any of the existing programs and projects of the Department. Please refer to Annex D for the list of programs and projects that CSOs can choose to engage in.
4.3 The list of DILG programs and projects, as listed in Annex D*, will be updated at the end of every semester.
5.0 TYPES OF ENGAGEMENT
The following are the different types of engagement with CSOs.
5.1 Voluntary work
The Department can engaged the CSO in a volunteer capacity without any cost to the government to provide feedback on programs and projects; support in pushing for various advocacies; assist in formulating plans, policies and issuances; and implement programs, projects or activities.
5.2 Voluntary work with cost
The CSO can also be engaged to assist or participate in a volunteer capacity but shall be reimbursed for applicable cost to provide feedback on programs and projects, support in pushing for various advocacies and assistance in formulating plans, policies and issuances.
The applicable cost/s shall be subject to existing budgeting, accounting, and auditing rules and regulations and given for any of the following expenses: (a) actual transportation expenses; (b) per diems; (c) honoraria; and, (d) other incidental expenses incurred in the peformance of duties.
5.3 Provider of goods and/or services
The CSO can serve as a provider of goods and/or services with remuneration or payment for the services rendered. Their services can be procured either to provide feedback on programs and projects, push for various advocacies, formulate plans, policies and issuances, or implement capacity development programs and/or other activities. In this regard, applicable rules and regulations pursuant to Appendix 14[3] of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and similar general provisions shall be observed.
6.0 ACCREDITATION OF CIVIL SOCIETY ORGANIZATIONS
6.1 Accreditation Committees
6.1.1 The DILG shall create a National Accreditation Committee (NAC), a Regional Accreditation Committee (RAC) in every region, and a Provincial Accreditation Committee (PAC) in every province that will perform the functions of the DILG as stated in this Memorandum Circular.6.1.2 The Accreditation Committee shall be composed of the following:
6.1.2 The National Accreditation Committee shall be composed of the following:
6.2 Accreditation Data
Director, Office of Project Development Services
Director, National Barangay Operations Office
Representative, Legal and Legislative Liaison Service
Representative, Internal Audit Service
Representative, Local Government Academy
Representative, Commission on Audit
Representatives from the Bureaus and PMOs shall attend all meetings wherein the application concerns their handled program and/or project.
6.1.3 The Bureau of Local Government Supervision - Local Government Relations Division shall serve as the Secretariat to the National Accreditation Committee.
6.1.4 The Regional Accreditation Committee shall be composed of the following:
the applicant Chief, Monitoring and Evaluation Division Chief, Capability Development Division Chief, Finance and Administrative Division Chief, Project Development and Monitoring Unit Representative, Legal Services Unit Representative, Commission on Audit
Representatives from the PMOs shall attend all meetings wherein the application concerns their handled program and/or project.
6.1.5 The Regional Director shall designate a Secretariat to the Regional Accrediation Committee.
6.1.6 The Provincial Accreditation Committee shall be headed by the Provincial Director and shal be composed of the Program Managers, Cluster Heads Representative, Project Development and Monitoring Unit.
6.1.7 The Provincial Director shall designate a Secretariat to the Provincial Accreditation Committee.
A CSO must comply with all of the following criteria to be accredited:6.3 Accreditation Process
6.2.1 Must be composed of individuals that are experts in the technical area being applied for;
6.2.2 Must have a good track record and good standing in all government agencies from which the CSO has had previous partnerships or has received government funds from;
6.2.3 Must not have any Director, Trustee, Officer, or key personnel related within the fourth civil degree of consanguinity or affinity to any DILG official involved in the processing of its accreditation, or any official of the government agency funding or implementing the program or project to be implemented by the CSO; and
6.2.4 Must not be in default or in delay in liquidating any government funds received from any government agency.
CSOs intending to engage with the Department in any of its programs and projects but are not yet registered with or accredited by any government unit or agency shall be guided by the following procedure:7.0 ISSUANCE OF CERTIFICATION
6.3.1 Filing of Application. The CSO shall fully accomplish the application form (Annex A) indicating in its application the DILG programs and/or projects wherein the organization wants to be involved in together with all the applicable requirements (Annex B or Annex C), and submit their application to the:
National Accreditation Committee - for CSOs intending to co-implement Department programs or projects in multiple provinces, cities, municipalities in more than one (1) region.
Regional Accreditation Committee - for CSOs intending to co-implement Department programs or projects in highly urbanized cities, or in one (1) or more provinces, cities, municipalities within a region.
Provincial Accreditation Committee - for CSOs intending to co implement with the Department in one (1) or more cities or municipalities within a province within a region.
6.3.2 Assessment and Evaluation - The concerned Secretariat shall check the completeness and correctness of the application documents submitted by the Applicant. If the application documents are incomplete, the concerned Secretariat shall, within one (1) working day, return the application form and inform the Applicant of the deficiencies.
6.3.3 Final Evaluation - Within ten (10) working days from the receipt of complete documents, the concerned Secretariat shall complete its evaluation together with the members of the Bureau of PMO and/or Program Manager handling the DILG-initiated program or project being applied for by the Applicant.
6.3.3.1 The Bureau or PMO and/or Program Manager, shall assess and recommend to the concerned Secretariat the Applicant that is an eligible and capable partner in the implementation of their program or project in terms of its technical expertise.
6.3.3.2 The concerned Secretariat, with the recommendation of the Bureau or PMO and/or Program Manager, may require the Applicant to submit additional documents in support of documents already submitted and may also conduct interviews with any person with past or present substantial dealings with the Applicant.
6.3.3.3 Based on the final evaluation, the concerned Secretariat shall recommend proper action and prepare the Certificate of Accreditation or Declination Notice.
6.3.4 Final Action. Within seven (7) working days from the completion of the evaluation, the concerned Secretariat shall take final action on the application:
6.3.4.1 If the Applicant fails to meet any of the criteria, a Declination Notice shall be issued informing the Applicant of the denial and the grounds therefore.
6.3.4.2 If the Applicant meets all of the criteria, the DILG Secretary. The concerned Regional Director, or Provincial Director shall grant the application and sign the Certificate of Accreditation.
7.1 Sanggunian-accredited CSOs and CSOs registered by the SEC, CDA, DOLE and HLURB and/or accredited by other government agencies are deemed eligible to engage in the implementation of DILG programs and projects upon satisfying the following conditions:
7.1.1 Must have a valid Certificate of Registration or Accrediation, or a Sanggunian-issued Certificate of Accreditation valid only for the current term; and7.2. Sanggunian-accredited CSOs and CSOs registered by the SEC, CDA, DOLE, and HLURB and/or accredited by other government agencies shall be guided by the following procedure:
7.1.2 Must have the technical expertise needed to implement the DILG program or project being applied for.
7.2.1 Submission of Letter of Intent - The Applicant must submit a Letter of Intent indicating the specific DILG program or project they intend to enegage in, a fully-accomplished Application Form (Annex A), a certified true copy of their Certificate of Registration or Accreditation, and a Letter of Endorsement from the concerned City/Municipal Local Government Operations Officer (C/MLGOO) in the case of Sanggunian-accredited CSOs. These must be submitted to the following:7.2.2 Evaluation - the concerned Secretariat shall assess the eligibility and capability of the Applicant in the implementation of DILG program or project being applied for.
National Accreditation Committee - for CSOs intending to co- implement Department programs or projects in multiple provinces, cities, municipalities in more than one (1) region.
Regional Accreditation Committee - for CSOs intending to co- implement Department programs or projects to highly urbanized cities, or in one (1) or more provinces, cities, municipalities within a region.
Provincial Accreditation Committee - for CSOs intending to co- implement with the Department on one (1) or more cities or municipalities within a province within a region.
7.2.3 Final Action - Within three (3) working days after the conduct of the evaluation, the concerned Secretariat shall take final action on the application.
7.2.3.1 If the applicant proved to be an eligible implementing- partner, the concerned Regional Director or Provincial Director shall issue a Certification allowing the Applicant to engage in the implementation of the DILG program or project being applied for.8.0 FORMALIZATION OF ENGAGEMENT
7.2.3.2 If the Applicant did not satisfy the criteria, the Regional Director or Provincial Director shall issue a Declination Notice. For reasons other than the non-compliance with any of the criteria identified in item 8.1 of this Circular, the Accreditation Committee shall endorse the matter to the National Accreditation Committee for further evaluation and proper action.
8.1 For CSOs that shall be involved on a volunteer capacity without any cost to the government:
8.1.1 The DILG Secretary or his representative at the national level, the Regional Director at the regional level and highly urbanized cities, or the Provincial Director at the provincial, city, and municipal levels, shall sign a Memorandum of Understanding (MOU) to formalize and set the terms and conditions of the partnership with the CSO.8.2 For CSOs that shall be involved on a volunteer capacity with cost to the government:
8.1.2 The MOU shall define the nature and extent of the partnership, identify the specific roles and responsibilities of each party, and the implementation timeline of the specific DILG program or project.
8.2.1 The DILG Secretary or his representative at the national level, the Regional Director at the regional level and highly urbanized cities, or the Provincial Director at the provincial, city, and municipal levels, shall issue a Terms of Reference (TOR) to8.3 For CSOs that shall be engaged in implementing Department programs or projects using government funds:
formalize and set conditions of the partnership with CSO that shall be engaged.
8.2.2 The TOR shall define the scope of work, specific qualifications, expected outputs, and the implementation timeline and compensation and/or honoraria of the CSO member/s that shall be involved in the conduct of the specific DILG program or project. The release of honoraria and traveling expense to these CSOs shall be in accordance with the existing COA Circular No.
2007-001 dated October 25, 2007.
8.3.1 The DILG Secretary or his representative at the national level, the Regional Director at the regional level and highly urbanized cities, or the Provincial Director at the provincial, city, and municipal levels, shall sign a Memorandum of Agreement (MOA) to formalize and set the conditions of the partnership with the CSO that shall be engaged.8.4 The partner CSO shall nominate their organization s representative/s who shall directly engage with the DILG in the implementation of the program or project they were authorized to engage in. No other individual from the organization shall engage with the implementation of the program or project unless nominated by the partner CSO and duly authorized by the DILG through its Bureau or PMO and/or Program Manager, the concerned Regional Director, or concerned Provincial Director.
8.3.2 The MOA shall define the nature and extent of the partnership, identify the specific roles and responsibilities of each party, the implementation timeline of the specific DILG program or project, include provisions for remuneration or honoraria, payment for travel expense and appropriate allowable per diems, of the CSO member/s that shall be involved in the conduct of activities relating to the specific DILG program or project they were authorized to engage in. It shall also provide the guidelines on the disbursement and utilization of funds and other funding requirements, if any. These, and the liquidation, utilization and audit of transferred funds, shall be in accordance with the existing COA Circular No. 2007-001 dated October 25, 2007.
8.3.3 The partner CSO shall keep and maintain financial and accounting records of any government funds given by the DILG. Likewise, the DILG shall keep and maintain financial and accounting records of any government funds given to the CSO.
8.5 The concerned Bureau or PMO and/or Program Manager shall closely monitor the project implementation and shall ensure the compliance with the provisions stated in the MOU, TOR, or in the MOA, and in this Memorandum Circular.
9.0 COVERAGE AND VALIDITY
9.1 A Certificate of Accreditation and a Certification shall only cover the geographical area and shall only be used in the implementation of the DILG programs and/or project stated therein.10.0 REVOCATION OF ACCREDITATION AND CERTIFICATION
9.2 A Certificate of Accreditation and a Certification shall only be valid for a period not exceeding three (3) years from the date of issuance subject to renewal or revocation depending on the result of the year-end assessment that will be conducted by the appropriate Accreditation Committee and through the recommendation from the partner Bureau or PMO.
9.3 In cases wherein a DILG-accredited or certified CSO or a certified Sanggunian-accredited CSO have completed the implementation of programs and/or project still have a valid Certificate of Accreditation or Certification, and wants to engage again with the Department in projects and programs not stated in their Certificate of Accreditation or Certification, the CSO may submit a letter of intent addressed to the NAC, RAC, or PAC together with a Letter of Recommendation or Certificate of Completion from the previous partner Bureau or PMO. Said request shall be subject to the evaluation of the concerned Secretariat and the approval of the appropriate Accreditation Committee.
10.1 Non-Compliance with any of the provisions of the agreement entered into between this Department, through its concerned Bureau or PMO, Provincial Office or, Regional Office, and a CSO may be sufficient ground for revoking the Accreditation or Certification.11.0 REPORTING
10.2 Violation by the CSO, during the validity period of the Certificate of Accreditation or Certification, of any law, rule or regulation involving the use and liquidation of government funds received from any National Government Agency may also be a ground for revocation.
10.3 CSOs that have had their Accreditations or Certifications revoked shall not be eligible for re-application and shall not be considered for future DILG engagements.
11.1 The Bureau or PMO in the DILG Central Office, the PMO and/or Program Manager in the Regional and Provincial Offices shall report to the NAC, RAC, and PAC, respectively. They shall submit copies of all agreements entered into with the partner CSOs during the immediately preceding month, within the first five (5) working days of every month to the appropriate Accreditation Committee.12.0 REFERENCES
11.2 The concerned Bureau or PMO, and/or Program Manager, shall also submit a Semester Report to update the NAC, RAC, or the PAC of the status of the partnership with the the partner CSO.
11.3 The RAC and the PAC, through their Secretariat, shall prepare Quarterly Reports on funds transferred to partner CSOs in their respective regions and provinces, including a summary of updates on the status of all partnerships, and submit to the NAC Secretariat for consolidation.
11.4 The NAC, through the Secretariat, shall prepare Quarterly Reports on funds transferred to partner CSOs and submit to the Speaker of the House of Representatives, the President of the Senate of the Philippines, the House Committee on Appropriations and the Senate Committee on Finance. These Quarterly Reports shall be posted in the DILG official website.
12.1 General Appropriations Act of 2018 (Republic Act No. 10964)13.0 ANNEXES
12.2 2016 Accreditation of CSOs andSelection of Representatives to the Local Special Bodies (Department of the Interior and Local Government Memorandum Circular No. 2016-97 dated July 19,
2016)
12.3 Guidelines for Accreditation of Civil Society Organizations as Implementing Entities of Government or Public Funds (Commission on Audit-Department of Budget and Management- Department of Social Welfare and Development Joint Resolution No. 2014-001 dated December 5, 2014)
12.4 Revised Guidelines in the Granting, Utilization, Accounting and Auditing of the Funds Released to Non-Governmental Organizations/People s Organizations (Commission on Audit Circular No. 2007-001 dated October 25, 2007)
Annex A: Application Form14.0 EFFECTIVITY
Annex B: Checklist of Requirements (CSO Partnership with government cost)
Annex C: Checklist of Requirements (CSO Partnership without government cost)
Annex D: List of DILG Programs and Projects
Annex E: Template for the Certificate of Accreditation and Certification
These guidelines shall take effect fifteen (15) days after publication in the official DILG website.
15.0 APPROVING AUTHORITY
(SGD.) EDUARDO M. ANO
Officer-in-Charge
Officer-in-Charge
16.0 FEEDBACK
Further information, queries, and comments regarding this Memorandum Circular must be directed to the Bureau of Local Government Supervision-Local Government Relations Division, with address at 25th Floor, DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, Quezon City 1104, through the following contact information (02) 925-1153 and (02) 9289181, and email address nacsecretariat@gmail.com, for appropriate action.
[1] Revised Guidelines in the Granting, Utilization, Accounting and Auditing of Funds Released to Non-Governmental Organizations/People s Organizations. NGO s/POs dated October 254. 2007.
[2] This definition is adapted from DILG Memorandum Circular No. 2016-97 (2016 Accreditation of Civil Society Organizations and Selection of Representatives to the Local Special Bodies) dated July 19, 2016; for the definition of the basic types of CSOs, please refer to Section 5.0 of the same Memorandum Circular.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City .
[3] Guidelines of Non-Governmental Organization Participation in Public Procurement.