IRR of R.A. No. 11315 (May 20, 2020)

[ IRR of REPUBLIC ACT NO. 11315, May 20, 2020 ] IMPLEMENTING RULES AND REGULATIONS OF THE REPUBLIC ACT NO. 11315 OTHERWISE KNOWN AS "COMMUNITY-BASED MONITORING SYSTEM ACT" To properly and effectively carry out the provisions of Republic Act No. 11315 or An Act Establishing A Community-Based Monitoring System (CBMS) and Appropriating Funds Therefor, the Philippine Statistics Authority (PSA), pursuant to Section 15 of the said Act, hereby issues, adopts, prescribes, and promulgates the following rules and regulations: RULE I POLICY, SCOPE, AND OBJECTIVES SECTION 1. Title. - These rules and regulations shall be known as the "Implementing Rules and Regulations of Republic Act No. 11315", or the IRR". SECTION 2. Scope. - This IRR shall apply to all persons, whether natural or juridical, and processes involved in the data collection, data processing, mapping and geo-tagging, data validation, database management, data sharing and dissemination, and use of micro (or local) level and aggregate data and statistics to be generated from the CBMS. The CBMS shall cover all cities and municipalities in the Philippines. SECTION 3. Objectives. - The objectives of this IRR are stipulated under Section 2 (Declaration of Policy) of the Act and the priorities of the national government in relation to poverty reduction: (a) to adopt a community-based monitoring system which generates updated and disaggregated data necessary in targeting beneficiaries; (b) to conduct more comprehensive poverty analysis and needs prioritization; (c) to design appropriate policies and interventions; (d) to provide mechanism for impact monitoring over time; (e) to provide information that will enable a system of public spending that warrants government allocation on areas and populace that are most wanting; (f) to establish a data collection, data sharing, and information management system which shall respect the fundamental human right to privacy, ensure data quality, anduphold data protection principles of legitimate purpose, transparency, and proportionality; (g) to establish CBMS database at the national and city/municipal level; and (h) to generate relevant statistics at higher levels that will complement and supplement the local level data. RULE II DEFINITION OF TERMS For purposes of this IRR, the following definition of terms shall apply: (a) Community-Based Monitoring System (CBMS) refers to an organized technology-based system of collecting, processing, and validating necessary disaggregated data that may be used for planning, program implementation and impact monitoring at the local level, while empowering communities to participate in the process. It involves the generation of data at the local level which serves as basis in targeting households in the planning, budgeting, and implementation of government programs geared towards poverty alleviation and economic development. (b) CBMS Data Bank is a database of aggregated individual-, household- and community-level data collected from the conduct of the CBMS implementation. (c) CBMS Portal refers to the online platform where all the CBMS data gathered are sent, maintained, and consolidated. (d) Data refers to the information to be generated by the CBMS which includes the compendium of localized facts, figures, and maps on the different dimensions of poverty such as health, nutrition, water, sanitation, shelter, education, income, employment, security, and participation. (e) Data Quality refers to the fitness for use and purpose of the data which adheres to the United Nations National Quality Assurances Framework and other relevant statistical quality assurance frameworks with the following quality dimensions: relevance, accuracy, timeliness, punctuality, accessibility, clarity, coherence, consistency, and comparability. (f) Data Sharing, pursuant to R.A. No. 10173 or the Data Privacy Act of 2012, is the disclosure or transfer to a third party of personal data under the custody of a personal information controller or personal information processor in the case of the later, such disclosure or transfer must have been upon the instructions of the personal information controller concerned. The term excludes outsourcing, or the disclosure or transfer of personal data by a personal information controller to a personal information processor. (g) Geo-tagging refers to the process of adding metadata about government projects, households/housing units, service facilities, and natural resources to various media and of uploading to a web-based application. This enables the mapping of all areasin the Philippines and allows the government, the citizenry, and other stakeholders to check the progress of projects in real time. (h) Microdata refers to data collected on the characteristics of units of population such as individuals and households. (i) Multidimensional Poverty Index (MPI) is a measure that intends to capture deprivations in various dimensions. This measure can be broken down to reveal the incidence and contribution of each indicator to the overall deprivation, thus, providing a clearer picture for the design and implementation of poverty reduction programs and policies. (j) Personal Information, as defined in R.A. 10173 or the Data Privacy Act of 2012, refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. (k) Processing of Personal Information, consistent with R.A. No. 10173 or the Data Privacy Act of 2012, refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. (l) Repository refers to the PSA and the cities/municipalities as a datasource in the CBMS. RULE III COMMUNITY-BASED MONITORING SYSTEM SECTION 1. Institutionalization of CBMS. - A CBMS is established and instituted in every city and municipality as an economic and social tool towards the formulation and implementation of poverty alleviation and development programs which are specific, targeted and responsive to the basic needs of each sector of the community. The CBMS shall have the appropriate security measures for data protection. SECTION 2. CBMS as a Designated Statistical Activity. - Given the importance of the results and information that can be derived from the CBMS, the CBMS shall be a designated statistical activity under the System of Designated Statistics (SDS). The CBMS is designated to be conducted every three (3) years nationwide. SECTION 3. Primary Data Collecting Authority. - Each city and municipality is the primary data collecting authority within its locality following the established statistical standards, guidelines, and procedures. SECTION 4. City or Municipal Statistician. - Each city and municipality shall have a statistician, who shall be primarily responsible for: (a) Data collection;(b) Data processing; (c) Mapping and geo-tagging; (d) Database management, which includes preservation and safekeeping of the data retained at the city or municipal level; and (e) Ensure the dissemination of CBMS data to internal users. SECTION 5. The PSA Provincial Statisticians. - The PSA shall create additional positions for statistician at the provincial level to monitor and manage enumeration activities of Local Government Units (LGUs) under their jurisdiction. SECTION 6. Review of the CBMS Data Collection Instruments. - The instruments of the CBMS data collection shall be subject to the review and clearance under the Statistical Survey Review and Clearance System (SSRCC) every three (3) years pursuant to Rule 28 of the Implementing Rules and Regulations of Republic Act No. 10625 or the Philippine Statistical Act of 2013. RULE IV CAPACITY BUILDING OF THE LOCAL GOVERNMENT UNITS The PSA shall capacitate the cities and municipalities in the collection, processing, analysis, and presentation of CBMS data at the local level through the Philippine Statistical Research and Training Institute (PSRTI) in collaboration with the State Universities and Colleges, and in coordination with DILG and other government agencies. The capacity building program shall commence within one (1) year after the finalization of the CBMS design. RULE V DATA COLLECTION SECTION 1. Periodicity of Data Collection. - Regular and synchronized data collection shall be conducted by every city and municipality every three (3) years. SECTION 2. Collection of Data at Shorter Intervals. - Notwithstanding the provision under Section 1 of this Rule, all cities and municipalities are enjoined to collect data at shorter intervals and at their own expense for purposes peculiarly useful to them. SECTION 3. Separate Period for Data Collection. - Nothing in this Rules shall be construed as restricting the period of data collection specified in the immediately preceding sections. Data collection may be conducted on a separate period depending on the needs of national government agencies whose data-collecting functions have been consolidated with the CBMS, subject to the review and clearance under the SSRCS. RULE VI ROLES AND RESPONSIBILITIES OF CONCERNED AGENCIES AND ENTITIESSECTION 1. Philippine Statistics Authority. - The PSA shall serve as the lead agency in the implementation of the CBMS. As the implementing agency, the PSA shall have the following functions: (a) Set statistical standards in the implementation of the CBMS and ensure that the same are properly observed; (b) Capacitate the cities and municipalities in the collection of poverty data at the local level pursuant to Rule IV of this IRR; (c) Develop and review data collection forms utilizing as base of existing CBMS forms used by LGUs; (d) Conduct cross-posting as follow-up capacity building of the cities and municipalities; (e) Monitor the data collection by cities and municipalities to ensure adherence to official concepts, definitions, and standards of poverty statistics; (f) Act as the national repository of all poverty data collected by the cities and municipalities; (g) Process the poverty data gathered and submitted by the cities and municipalities; (h) Generate poverty statistics at higher levels that will complement and supplement the local level data; (i) Set the qualification standards for the hiring of provincial/cities/municipalities statisticians in accordance with the Civil Service Commission Rules and Regulations; (j) Set the qualification standards for the hiring of data collectors and processors; (k) Ensure synchronized CBMS implementation including providing the timetable of operations; (l) Undertake measures to ensure the integrity, security, and safety of the gathered information against unnecessary leakage and access by unauthorized persons; and (m) Perform such other functions as may be necessary or incidental to the proper implementation of the Act. SECTION 2. Community-Based Statistics Service. - There shall be established under the Censuses and Technical Coordination Office of the PSA, a Community- Based Statistics Service to be headed by an Assistant National Statistician (ANS) equivalent to Director IV in government agencies. The Community-Based Statistics Service shall be responsible for the development, enhancement, and implementation of an organized technology-based system of datacollection, processing, validation, management and dissemination useful for planning and impact-monitoring at the local level. Under the Service, three (3) Divisions shall be created: (a) CBMS Planning and Coordination Division The CBMS Planning and Coordination Division shall be responsible for the formulation of policies, plans, and programs related to the implementation of CBMS. Further, the Division shall establish and monitor implementation of statistical coordination mechanisms with local agencies and LGUs in the areas of statistical standards and classification systems, statistical advocacy, among others. (b) Community-Based Statistics Division The Community-Based Statistics Division shall be responsible for statistical analysis, technical supervision, statistical report preparation, and other statistical operations of the CBMS. It shall also spearhead the development of field operations manuals, machine processing manuals, training manuals, and other standard operating procedures related to CBMS. It shall maintain and update the repository of poverty data collected by the cities and municipalities. (c) Geospatial Management Division The Geospatial Management Division shall be in charge of the development and implementation of operational plans for the creation, continuous updating, and improvement of CBMS digital maps and data visualizations. It shall likewise manage and maintain the geospatial information systems for CBMS. SECTION 3. The ANS for the Community-Based Monitoring Service. - The ANS to be appointed by the President of the Philippines, upon the recommendation of the National Statistician, shall possess the following minimum qualifications: a) Master's Degree appropriate to the position; and b) Relevant experience in statistics, economics, and related fields. SECTION 4. Creation of Additional Positions. - There shall be creation of additional statistical, technical, and financial and administrative regular plantilla positions at the PSA to support the implementation of the CBMS. SECTION 5. Functions of the National Statistician under the CBMS. - The National Statistician shall perform the following: (a) Chair the CBMS Council; (b) Provide overall direction in the implementation of the CBMS; (c) Direct and manage the implementation and execution of policies, standards, rules and regulations formulated by the CBMS Council;(d) Submit an annual accomplishment report to the President of the Senate and to the Speaker of the House of Representatives containing collective poverty statistics generated by the CBMS, where identities of respondents, cities and municipalities are kept confidential; (e) Appoint statisticians at the provincial offices and technical, and financial and administrative positions at the PSA Offices in support of the implementation of the CBMS; and (f) Perform such other functions as deemed necessary for the implementation of the CBMS. SECTION 6. The Philippine Statistical Research and training Institute (PSRTI). - The PSRTI, as the statistical research and training arm of the Philippine Statistical System shall spearhead in the development and implementation of capacity building and research program of the CBMS as follows: (a) Develop a capability development and research plan for the implementation pf the CBMS consistent with Philippine Statistical Development Program; (b) Develop training modules on CBMS including data collection, data management and processing, data validation and cleaning, data quality control measures, data analysis, methodologies, data visualization, and Geographic Information System (GIS); (c) Develop training modules on technical report writing, data storytelling, data presentation, and other training modules as the need arises; (d) Conduct training of trainers who are regional affiliates from State Universities and Colleges and other government agencies who will eventually train data collectors; (e) Capacitate all statisticians and personnel involved in the CBMS of cities and municipalities and provinces; and (f) Assist the LGUs in the analysis and interpretation of CBMS data. SECTION 7. The Department of the Interior and Local Government (DILG). - The DILG is tasked to develop and implement information and educational campaign relating to CBMS and ensure compliance of the LGUs in the various CBMS activities. The DILG shall extend assistance to PSA in the conduct and implementation of the CBMS. Specifically, the DILG shall perform the following functions: (a) Issue policies on LGUs compliance on CBMS implementation, including the conduct of synchronized data collection; (b) Conduct information and advocacy campaigns on CBMS for LGU officials and functionaries;(c) Disseminate information on the CBMS activities; (d) Assist PSA and PSRTI in the provision of technical assistance and capacity- building activities for LGUs on data collection and processing; and (e) Provide training on the utilization of CBMS results in local planning, investment programming and budgeting, and program identification and implementation. SECTION 8. The Department of Information and Communication and Technology (DICT). - The DICT as the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch of the government that plans, develops, and promote the national ICT development agenda, shall have the following functions under this IRR: (a) Provide technical assistance in the development and maintenance of the CBMS Portal and CBMS Databank; (b) Develop, in collaboration with the National Privacy Commission, the institutional arrangements on data sharing between the CBMS Council and relevant national government agencies; (c) Conduct capacity building on the use and operation of the CBMS portal and Databank/database. SECTION 9. The State Universities and Colleges. - The State Universities and Colleges shall be involved in the capacity building activities for LGUs on CBMS data collection and processing and other trainings for data analysis and presentation of CBMS data in accordance with Section 6.b of the CBMS Act. SECTION 10. The Local Government Units. Cities and municipalities shall: (a) Conduct synchronized data collection on CBMS every three (3) years with the necessary financial and technical assistance from the appropriate national government agencies pursuant to Section 5 of the CBMS Act; (b) Utilize CBMS generated data in local governance processes such as but not limited to local planning, investment programming, budgeting, program identification and implementation, as well as disaster risk reduction and management measures; (c) Designate/appoint city/municipal statistician pursuant to Section 4 of the CBMS Act; (d) Generate and submit all CBMS data gathered to PSA; (e) Participate in CBMS-related advocacy, training and capacity-building activities; and(f) Share CBMS data in accordance with the data sharing guidelines issued by the CBMS Council and existing laws, rules and regulations. Provinces shall utilize CBMS generated data in local governance processes such as but not limited to local planning, investment programming, budgeting, program identification and implementation, as well as disaster risk reduction and management measures. RULE VII DATA SHARING AND INFORMATION MANAGEMENT AND DISSEMINATION SECTION 1. National CBMS Databank. - The National CBMS Databank contains all the aggregated data gathered by the cities and municipalities which are submitted to PSA for storage. The aggregated data pertains to all data collected by the City/Municipality through the CBMS. The National CBMS Databank shall be kept owned, managed, and administered by the PSA. SECTION 2. Platform for Data Sharing. - Every data sharing agreement must comply with the conditions set forth in R.A. 10173 or the Data Privacy Act of 2012 and its Implementing Rules and Regulations, and other applicable laws and statutory requirements. SECTION 3. Storage and Access of Data. - The cities and municipalities are allowed to maintain their own CBMS database for use in local level planning and program implementation. The provinces shall have access to their respective local and territory-specific data. The national agencies that currently conduct activities to target eligible beneficiaries will be given access to CBMS data following the guidelines on data sharing promulgated by the CBMS Council. SECTION 4. Prioritizing Social Protection Programs. - The appropriate national government agencies shall have access and shall use the data collected by the CBMS in prioritizing timely, relevant and much-needed social protection programs of government in areas identified to have the highest incidence of poverty subject to the approval of the CBMS Council. RULE VIII CONFIDENTIALITY OF INFORMATION SECTION 1. Confidentiality of Information. - The right to privacy of every respondent remains inviolable. All information pertaining to the respondent are confidential and shall not be disclosed or divulged to any third person or entity unless authorized or allowed by law. The citizen participating in the data collection shall be fully informed of the nature and extent of processing of his or her personal data. Participation in all data collection activities is purely voluntary. Notwithstanding Rule III of this IRR, respondents may refuse to answer any question or reveal any information at any point or terminate data collection activities with no further action needed.Personal information of the respondent must be handled properly, kept accurate, and relevant. It shall be used only for the stated purpose and shall be retained for as long as needed. SECTION 2. Waiver. - The person conducting the data collection shall ask the respondents whether they would like to make an explicit waiver to authorize the city of municipality and PSA to disclose their identities and other relevant information about their household to the government agencies which provide social protection programs for them. SECTION 3. Processing of Personal Information. - The processing of personal information shall adhere to the principles of transparency, legitimate purpose, and proportionality pursuant to the R.A. No. 10173 or the Data Privacy Act of 2012 and R.A. No. 10625 or the Philippine Statistical Act of 2013. RULE IX ALLOCATION OF FINANCIAL ASSISTANCE The income class of cities and municipalities shall be considered in prioritizing the allocation of financial assistance to implement the provisions of the Act. The fourth, fifth and sixth class cities and municipalities shall be given assistance in the first three (3) years of implementation of the Act. Thereafter, other cities and municipalities shall progressively be given assistance to ensure the full implementation of the Act. RULE X CBMS OVERSIGHT COMMITTEE SECTION 1. Joint Congressional Oversight Committee. - A Congressional Oversight Committee, hereafter referred to as the CBMS Oversight Committee, shall set the overall framework to review the implementation of the Act. It shall likewise determine inherent weaknesses in the law and recommend necessary remedial legislation or executive measures. SECTION 2. Composition. - The CBMS Oversight Committee shall be composed fourteen (14) members: a) Chairpersons of the Committee on Poverty Alleviation of the House of Representatives, and the Committee on Social Justice, Welfare and Rural Development of the Senate as Co-chairpersons; and b) six (6) members from each House, to be designated by the Speaker of the House of Representatives and the Senate President, respectively. SECTION 3. Remedial Legislation. - For purposes of determining remedial legislation, the CBMS Oversight Committee shall, within two (2) years after the effectivity of the Act, conduct a systematic evaluation of the impact of the Act, accomplishments of the system, and the performance of the cities and municipalities on data collection, and of the PSA on its functions as the lead agency.RULE XI CBMS COUNCIL SECTION 1. CBMS Council and Composition. - There is hereby created a CBMS Council composed of the National Statistician of the PSA as the chairperson; and Secretary of the DILG and Secretary of the DICT or their designated representative, as members. Representatives from other government entities and other organizations may be invited to participate in the meetings of the Council as resource persons. SECTION 2. Functions of the Council. - The following are the functions of the CBMS Council: (a) Oversee the performance of the implementing agencies; (b) Facilitate cooperation and data collection in the implementation of the CBMS; (c) Discuss concerns and provide recommendations on the outputs of the CBMS; (d) Institute policies for standards in data quality, estimation process, and data flows; (e) Set the guidelines on CBMS data sharing with the NGAs and other relevant stakeholders, and between and among LGUs; and ensure a secure and efficient data sharing agreement; (f) Provide resolutions on issues and concerns related to CBMS; (g) Decide on the request for data sharing from relevant govenrment agencies and other stakeholders; (h) Establish cost-sharing mechanisms among stkaeholders; (i) Create Technical Working Groups that will assist the CBMS Council in resolving issues related to the implementation of the CBMS; and (j) Recommend to the Congress any measures, or amendments or modifications to the CBMS Act and other related laws, as may be necessary. RULE XII APPROPRIATIONS SECTION 1. Funds. - The amount necessary to carry out the provisions of the Act and this IRR, shall be included in the Annual General Appropriations Act of the PSA, DILG, DICT, and the LGUs. SECTION 2. Review of Budgetary Proposals. - PSA shall review the budgetary proposals of the concerned agencies and entities involving CBMS operations and make recommendations to the DBM. RULE XIIITRANSITORY PROVISION SECTION 1. Holdover Capacity. - The national government agencies which currently collect poverty data for purposes of targeting deserving beneficiaries to their respective social protection programs shall continue to perform their duties and responsibilities in a holdover capacity for a period of one (1) year from the effectivity of the implementing rules and regulations, or for such period as may be determined by the PSA to ensure compliance with the requirements of the Act. The CBMS Network and national government agencies that presently conduct CBMS shall share to PSA their respective tools during the transition period, such as but not limited to: (a) Questionnaires (b) Technical, operations, and other manuals (c) Systems for data capture, processing, tabulation, evaluation, analysis, and dissemination (d) Database design and development tools (e) Web-based data analytics and visualization tools, and (f) Report writing templates. SECTION 2. Collaboration. - The CBMS Network and national government agencies during the transition period shall: (a) Provide capacity building support on the CBMS methodology and existing CBMS tools; (b) Share training modules on tablet-based data collection, data processing and mapping; and (c) Assist PSA in the development of new modules on use of CBMS data for planning and program implementation such as Disaster-Risk Reduction Management (DRRM). RULE XIV AMENDMENTS In the implementation of this IRR, the PSA, through the CBMS Council may introduce amendments hereto every five (5) years or earlier as the need arises. In order for any amendment to become fully effective and legally binding, publication of such in the Official Gazette or in a national newspaper of general circulation shall be made mandatory. RULE XV SEPARABILITY CLAUSEIf any provision or part of this IRR is declared unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full force and effect. RULE XVI REPEALING CLAUSE All relevant administrative issuances or parts thereof, which are contrary to, or inconsistent with any provisions of this IRR are repealed, amended, or modified accordingly. RULE XVII EFFECTIVITY This IRR shall take effect immediately after its publication in the Official Gazette or in a newspaper of general circulation and upon filing at the University of the Philippines Law Center in accordance with law. th Approved and signed this 20 day of May 2020 in Quezon City, Philippines. (SGD.) CLAIRE DENNIS S. MAPA, Ph. D. Undersecretary National Statistician and Civil Registrar General Philippine Statistics Authority Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)