Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila
20th CONGRESS
First Regular Session
HOUSE BILL NO. _____
Introduced by Representative Caroline B. Agyao
EXPLANATORY NOTE
This bill seeks to amend Section 25 (a) of RA 9404 which grants the city
mayor of Tabuk City in the Province of Kalinga the power to appoint the secretary to
the Sangguniang Panlungsod. Section 25 (a) of RA 9404 violates the principle of
separation of powers between the executive and the legislative departments of local
government units and the equal protection clause of the Constitution.
The provision deprive the city vice mayor of Tabuk City the power to
appoint the secretary to the Sangguniang Panlungsod; a power which is vested to all
vice mayors of the Philippines under Section 456 (2) of RA 7160 otherwise known as
the Local Government Code of 1991 which specifically states that “ The city vice
mayor shall, subject to civil service law, rules and regulations, appoint all officials
and employees of the sangguniang panlungsod, except those whose manner of
appointment is specifically provided in this code”. Similarly, Section 10 (b) (2) of RA
9404 vested the same power to the city vice mayor of Tabuk City.
There is no substantial distinction between the vice mayor of Tabuk City and
the other city vice mayors of the Philippines. It was therefore unreasonable to
withhold from the vice mayor of Tabuk City the power to appoint the Secretary to the
Sangguniang Panlungsod. It is to be emphasized that the Secretary to the Sangguniang
Panlungsod of Tabuk City is with no doubt an official of the Sangguniang Panlungsod,
not a department head of the executive branch of the Local Government Unit of
Tabuk City.
Section 25 (a) of RA 9404 should therefore be amended to conform and
harmonize with the provisions of Section 456 (a) (2) of the Local Government Code
of 1991 and Section 10 (b) (2) of RA 9404 vesting to the city vice mayor the power to
appoint all officials and employees of the Sangguniang Panglungsod.
In view of the foregoing, the passage of this bill is earnestly sought.
CAROLINE B. AGYAO
August 28, 2025
1:54 pm
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila
20TH CONGRESS
First Regular Session
HOUSE BILL NO. _____
Introduced by Representative Caroline B. Agyao
AN ACT AMENDING SECTION 25 (a) OF REPUBLIC ACT 9404,
OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF TABUK
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Section 25 (a) of Republic Act No. 9404 otherwise known as
the “Charter of the City of Tabuk” is hereby amended to read as follows:
“SEC. 25. The Secretary to the Sangguniang Panlungsod. - (a) There shall be
a secretary to the sangguniang panlungsod with the rank and salary equal to a head of
a department or office, who shall be appointed by the city VICE mayor, (with the
concurrence of the majority of all the sangguniang panlunsod members,) subject to
civil service law, rules and regulations.”
SEC. 2. Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rules and regulation, or part thereof contrary to or
inconsistent with this Act is hereby amended, repealed or modified accordingly
SEC. 3. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.
Approved,
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