retary

SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

SENATE wee f¢—

S. B. No.1727

18 MAR -5 P4 40

Introduced by Senator Aquilino “Koko” Pimentel III

AN ACT
REMOVING THE BAN ON THE APPOINTMENT OF A
RETIRED OR RESIGNED MILITARY OFFICER OR POLICE
OFFICIAL AS SECRETARY OF THE DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT (DILG) WITHIN ONE
(1) YEAR FROM SUCH RETIREMENT OR RESIGNATION,
AMENDING FOR THE PURPOSE SECTION 8 OF REPUBLIC
ACT NO. 6975, AS AMENDED, OTHERWISE KNOWN AS THE
“DILG ACT OF 1990”

EXPLANATORY NOTE

The Constitution vests executive power in the President of the
Philippines. Accordingly, the President’s power to appoint the heads of
the executive departments should remain unfettered.

The ban on appointing retired or resigned military officers or
police officials to the Department of Interior and Local Government
(DILG) within one year of their retirement or resignation is an
infringement on the President’s power to appoint his alter-ego. This ban
serves no purpose other than to delay the appointment of otherwise
competent individuals, as the Commission on Appointments already
serves as a check on the fitness of any appointee.

In the interest of respecting executive power and ensuring that
appointments to vital positions of Government are not unnecessarily

Page | of 2



delayed, this measure seeks to lift the ban on the appointment of retired
or resigned military officers or police officials to the position of
Secretary of the DILG within one (1) year from their retirement or
resignation. This shall not alter the civilian character of the Philippine
National Police (PNP) nor undermine the principle of civilian supremacy
over the military, since active members of both the Armed Forces of the
Philippines and the PNP remain barred from occupying the position of
Secretary.

In view of the foregoing, the immediate passage of this measure is

earnestly sought.

AQUILINO Vivo PIMENTEL IIL

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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES __) 18 MAR-5 Pa 40

Second Regular Session )

RECEIVED 33. t
SENATE —

S. B. No.1727

Introduced by Senator Aquilino “Koko” Pimentel II

AN ACT
REMOVING THE BAN ON THE APPOINTMENT OF A

RETIRED OR RESIGNED MILITARY OFFICER OR POLICE
OFFICIAL AS SECRETARY OF THE DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT (DILG) WITHIN ONE

(1) YEAR FROM SUCH RETIREMENT OR RESIGNATION,

AMENDING FOR THE PURPOSE SECTION 8 OF REPUBLIC
ACT NO. 6975, AS AMENDED, OTHERWISE KNOWN AS THE

“DILG ACT OF 1990”

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

SECTION 1. Section 8 of Republic Act No. 6975, as amended,
otherwise known as the “Department of the Interior and Local
Government Act of 1990” is hereby amended to read as follows:

“Section 8. Head of Department. — The head of the
Department, hereinafter referred to as the Secretary, shall
also be the ex-officio Chairman of the National Police
Commission and shall be appointed by the President subject
to confirmation of the Commission on Appointments. [No
retired or resigned military officer or police official may be
appointed as Secretary within one (1) year from the date of
his retirement or resignation.]”

Page | of 2

Secectary



SEC. 2. Repealing Clause. All other laws, decrees, orders,
issuances, rules or regulations, or portions thereof, which are
inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 3. Effectivity. This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in two (2)

newspapers of national circulation.

Approved,

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