SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
OCT - 2 1'111:22 
SENATE 
S.No. 
1752 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
provides for the folJowing: (1) In case of doubt, any question shaH be resolved in favor of 
devolution of powers and of the local government unit (Section 5 [aJ); (2) The general welfare 
provisions shaH be JiberaHy interpreted to give more powers to local government units in 
accelerating economic development and upgrading the quality of life for the people in the 
community (Section 5[c)); and (3) The policy of the State to require all national agencies and 
offices to 
conduct periodic consultations with appropriate local 
government units, 
nongovernmental and people's organizations, and other concerned sectors of the community 
before any project or program is implemented in their respective jurisdiction (Section 2 [c J). 
In consonance with the said provisions of the Local Government Code, this bill seeks to 
amend the Local Government Code by giving local governments the power to decide whether 
gambling shall be aHowed in their respective localities. 
This bill strengthens the national policies that local government l.lllits "shall enJoy 
genuine and meaningful local autonomy" (Sec. 2, R.A. 7160) and that the national government 
shaH only exercise "general supervision" and not control over local government units (Sec. 25 
[aJ). • 
~\., 
.0.4_ 
J.~ 
~~ 
~ 
~IRIAM D 
~SOR S 
. 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 
1 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
OCT -2 All :22 
SENATE 
S. No.' 1752 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PROVIDING FOR LOCAL AUTONOMY IN THE DETERMINATION OF STATE POLICY 
3 
ON GAMBLING, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7160, 
4 
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, 
5 
SECTIONS 2 AND 133 (0) 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
6 
SECTION I. Republic Act No. 7160, otherwise known as the Local Government Code of 
7 
1991, Section 2 is hereby amended to read as follows: 
8 
"Section 2. Declaration of Policy. - (a) It is hereby declared the policy of 
9 
the State that the territorial and political subdivisions of the State shall enjoy 
10 
genuine and meaningful local autonomy to enable them to attain their fullest 
11 
development as self-reliant communities and make them more effective partners 
12 
in the attainment of national goals. Toward this end, the State shall provide for a 
13 
more responsive and accountable local government structure instituted through a 
14 
system of decentralization whereby local government units shall be given more 
15 
powers, authority, responsibilities and resources. The process of decentralization 
16 
shall proceed from the national government to the local government units. 
17 
(b) It is also the policy of the State to ensure the accountability of local 
18 
government units through the institution of effective mechanisms of recall, 
19 
initiative and referendum. 
20 
(c) It is likewise the policy of the State to require all national agencies and 
21 
offices to conduct periodic consultations with appropriate local government units, 
22 
non-governmental and people's organizations, and other concerned sectors of the 
1 


1 
community before any project or program is implemented in their respective 
2 
jurisdictions. 
3 
(D) IT IS FURTHER DECLARED THE POLICY OF THE STATE 
4 
TO OBSERVE LOCAL AUTONOMY IN THE DETERMINATION OF 
5 
STATE POLICY ON GAMBLING. CONFORMABLY WITH THIS 
6 
POLICY, 
NO 
GAMBLING 
ENTERPRISE 
OPERATED 
BY 
7 
TNDIVIDUALS OR CORPORATIONS, OR CONTRACTED OUT BY THE 
8 
NATIONAL 
GOVERNMENT 
TO 
FOREIGN 
OR 
DOMESTIC 
9 
INDIVIDUALS, CORPORATIONS OR ENTITIES, OR OPERATED BY 
10 
ANY OF ITS INSTRUMENTALITIES OR AGENTS, SHALL BE 
11 
OPERATED, 
IMPLEMENTED, 
OR 
OTHERWISE 
UNDERTAKEN 
12 
UNLESS THE CONSULTATIONS MENTIONED IN SECTION 2 (C) & 26 
13 
HEREOF HAVE BEEN CONDUCTED AND WITH A MAYOR'S 
14 
PERMIT, AS APPROVED BY THE SANGGUNIANG BAYAN OR 
15 
SANGGUNIANG PANLUNSOD CONCERNED, IS OBTAINED." 
16 
SECTION 2. Section 133 (0) of the same law is hereby amended to read as follows: 
17 
"Section 133. Common Limitations on the Taxing Powers of Local 
18 
Government Units. - Unless otherwise provi<\ed herein, the exercise of the taxing 
19 
powers of provinces, cities, municipalities, and barangays shall not extend to the 
20 
levy of the following: 
xxx 
xxx 
xxx 
21 
(0) Taxes, fees or charges of any kind on the National Governments, its 
22 
agencies and instrumentalities, and local government units. PROVIDED, 
23 
HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO 
24 
GAMBLING 
ENTERPRISES 
OPERATED 
BY 
THE 
NATIONAL 
25 
GOVERNMENT OR ITS AGENTS OR INSTRUMENTALITIES, OR 
26 
CONTRACTED 
OUT 
BY 
ITS 
FOREIGN 
OR 
DOMESTIC 
2 


1 
CORPORATIONS, INDIVIDUALS OR ENTITIES, WHICH HAVE BEEN 
2 
GIVEN PERMITS BY THE LOCAL GOVERNMENT UNITS." 
3 
SECTION 3. Separability Clause. - If any provision or part hereof is held invalid or 
4 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
5 
valid and subsisting. 
6 
SECTION 4. Repealing Clause. - Any law,. presidential decree or issuance, executive 
7 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
8 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
9 
SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
10 
publication in at least two (2) newspapers of general circulation. 
Approved, 
3