Republic of the Philippines HOUSEOF REPRESENTATIVES
HOUSE OF REPRESENTATIVE: RECEIVED
Quezon City
DATE -
SEVENTEENTH CONGRESS TINE: ‘ cia
First Regular Session ey: fj R
House Bill No. © 14 PERISTRATION UNIT

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

As defined under Section 17 of the Local Government Code, the term
"devolution" refers to the act by which the National Government confers
power and authority upon the various Local Government Units (LGUs) to
perform specific functions and responsibilities. +

Devolution is part of the objective for LGUs to be self-reliant. It was’
for them to exercise the powers and discharge the duties and functions, not
just previously vested upon them, but also those devolved to them from
national agencies and offices.

The devolution included the transfer to LGUs of the records,
equipment and other assets of national agencies and offices corresponding to
the devolved powers, functions, and responsibilities. Most important, it
involved the transfer of personnel from the national government.

The more known devolved functions came from the Departments of
Agriculture, Environment and Natural Resources; Health; and, Social
Welfare and Development. Thus the positions of local Agriculturist,
Environment and Natural Resources Officer, Social Welfare and
Development Officer, and Health Officer were created under the Local
Government Code.

However, from the above-enumerated positions, in all the LGU
classes, meaning from the provincial, city to municipal Government, only
the position of Health Officer has mandatory appointment. For the
Agriculturist Social Welfare and Development Officer, such positions are
optional in the city or municipal levels. In the case of the Environment and
Natural Resources Officer, it is optional at all levels.

Bil_S aNd INDEX SERVICE


Expectedly, said positions being optional, the LGU executives come
up with several reasons not to fill it up. These reasons include administrative
viability and lack of financial resources.

This draft bill seeks to make the appointment of the positions of
Environment and Natural Resources Officer, and Social Welfare and.
Development Officer mandatory in all LGUs. In the case of the
Agriculturist, it makes the position mandatory except in highly urbanized
cities where less than ten percent (10%) of business is agriculture based or
related,

It should be highlighted that the above stated positions render services
that are basic and necessary to the local government’s constituency.

As for the Agriculturist, he/she is charge of on-site research services
and facilities related to agriculture and fishery activities, including the
following:

"dispersal of livestock, poultry and seeding materials for aquaculture;

= quality control and improvement and development of local
distribution channels, preferably through cooperatives;

= inter-barangay irrigation systems;

" water and soil resource utilization and conservation projects; and,

* enforcement of fishery laws in municipal waters including the
conservation of mangroves;

On the other hand, the Environment and Natural Resources Officer is
mandated to:

= implement community-based forestry projects;

= manage and control communal forests;

* establish tree parks, greenbelts, and similar forest development
projects;

Finally, the Social Welfare Office shall be in charge of:

" programs and projects on child and youth welfare, family and
community welfare, women's welfare, welfare of the elderly and
disabled persons;

"community-based rehabilitation programs for vagrants, beggars, street
children, scavengers, juvenile delinquents, and victims of drug abuse;_.”
and,

* livelihood and other pro-poor projects; nutrition services; and family
planning services.

If the said positions are optional, (and usually unfilled), the above
enumerated necessary services cannot be properly discharged by the LGU.


In view of the foregoing, the immediate passage of tif bill, filed as
House Bill No. 420 by the undersigned in the Siytéenth Congress, is
earnestly sought.

ARTHUR &YAP
Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2714,

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT

MAKING THE APPOINTMENT TO THE POSITIONS
OF LOCAL AGRICULTURIST, ENVIRONMENT AND
NATURAL RESOURCES OFFICER AND SOCIAL
WELFARE AND DEVELOPMENT OFFICER,
MANDATORY IN ALL LOCAL GOVERNMENT UNITS,
AMENDING FOR THE PURPOSE PERTINENT
SECTIONS OF REPUBLIC ACT NO. 7610, AS
AMENDED, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled.

SECTION 1. Declaration of Policy. ~ It hereby declared the policy
of the State to enable Local Government Units to exercise the powers and
discharge the duties and functions, not just previously vested upon them, but
also those devolved to them from national agencies and offices.

SECTION 2. Amendment of Section 482 of the Local Government |
Code. — Section 482 of Republic Act No. 7160, otherwise known as fn

Local Government Code of 1991, is hereby amended to read as follows:

“ARTICLE XII


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The Agriculturist

SECTION 482. — Qualifications, Powers and Duties. —
(a) xxx

The position of an agriculturist shall be mandatory for the
provincial government, [and optional for the] city and
municipal governments, EXCEPT IN HIGHLY URBANIZED

CITIES WHERE LESS THAN TEN PERCENT (10%) OF

BUSINESS IS AGRICULTURE BASED OR RELATED.”

SECTION 3. Amendment of Section 483 of the Local Government
Code. — Section 483 of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as follows:

“ARTICLE XIII

The Social Welfare and Development Officer

SECTION 483. — Qualifications, Powers and Duties. —
XXX

The appointment of a social welfare and development
officer is mandatory for provincial, [and] city [governments],

and [optional for] municipal government.

SECTION 4. Amendment of Section 484 of the Local Government
Code. — Section 484 of Republic Act No. 7160, otherwise known’as the
Local Government Code of 1991, is hereby further amended to read as
follows:

ARTICLE XIV

The Environment and Natural Resources Officer


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SECTION 484, — Qualifications, Powers and Duties. —

(a) No person shall be appointed environment and natural

resources officer unless he is a citizen of the Philippines, a

resident of the local government unit concerned, of good moral

character, a holder of a college degree preferably in”

environment, forestry, agriculture or any related course from a

recognized college or university, and a first grade civil service

eligible or its equivalent. He must have acquired experience in
environmental and natural ~—s resources + management,
conservation, and utilization, for at least five (5) years in the

case of the provincial or city environment and natural resources

officer, and three (3) years in the case of the municipal

environment and natural resources officer.
The appointment of the environment and_ natural
resourcés officer is MANDATORY [optional] for provincial,

city, and municipal governments.

SECTION 5. Separability Clause, - If any provision of this Act, or
any parts thereof, is declared unconstitutional, the same shall not affect the
validity and effectivity of the other portions.

SECTION 6. Repealing Clause. - All laws, executive orders,
presidential decrees, proclamations, rules, regulations, issuances. and
enactments of parts thereof inconsistent with this Act are hereby repealed or,"

modified accordingly.


1 SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days
2 from its complete publication in the Official Gazette of in a newspaper of
3 general circulation in the Philippines, whichever comes earlier.

APPROVED.

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