Republic of the Philippines
HOUSE OF REPRESENTATIVES |
Quezon City, Metro Manila |

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 4662

Introduced by Hon. Sherwin T. Gatchalian

EXPLANATORY NOTE

This bill seeks to provide local chief executives of local
government units (LGUs) joint authority with the Bureau of Fire
Protection (BFP) in the appointment of fire marshals and the
discipline of BFP personnel in their respective territorial
jurisdictions, amending for the purpose pertinent provisions of
Republic Act No. 6975, as amended, otherwise known as the
“Department of the Interior and Local Government Act of 1990.”

The protection of life and property against destructive fire is a
mandate lodged with the BFP. The catastrophic losses that may
result from destructive fires require LGUs to give utmost
importance and make it one of their priorities to have a well

equipped and well trained fire protection personnel and facilities.

Over the years, many LGUs have supplemented the

deficiencies in the BFP’s facilities and personnel to ensure that

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their respective localities will have sufficient fire protection services.
Since many LGUs are already involved, to a certain extent, in
activities of the BFP, it is high time to grant local chief executives
joint authority in the appointment of fire marshals in their
respective jurisdictions and limited administrative disciplinary
powers as well. This way, the governor, city and municipal mayors
will have joint authority, responsibility, and accountability in
improving or enhancing public safety through the implementation
of fire safety plans and programs and the delivery of prompt and
efficient service to their constituents, particularly during instances

of fire-related emergencies and other disasters.

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

earnestly sought.

'. GATCHALIAN
11% District, Valenzuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL No.__ 4862

Introduced by Honorable Sherwin T. Gatchalian

AN ACT

PROVIDING LOCAL CHIEF EXECUTIVES JOINT AUTHORITY
WITH THE BUREAU OF FIRE PROTECTION IN THE
APPOINTMENT OF FIRE MARSHALS AND DISCIPLINE OF
PERSONNEL IN THEIR RESPECTIVE JURISDICTIONS,
AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF
REPUBLIC ACT NO. 6975, AS AMENDED, OTHERWISE KNOWN
AS THE “DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT ACT OF 1990”

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

SECTION 1. Declaration of Policy. — It is hereby declared the
policy of the State to enable local government units to enjoy
meaningful local autonomy and become self-reliant communities.
Moreover it recognizes the responsibility of the State to enhance the
capability of local government units aimed towards strengthening of
the delivery of basic services to the citizenry including a highly
efficient and competent fire protection services. Towards this end,
the State shall provide local chief executives of local government
units joint authority with the Department of the Interior and Local
Government and the Bureau of Fire Protection in the appointment
of fire marshals in their respective territorial jurisdictions to foster
cooperation and coordination in the performance of their respective

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functions particularly in adopting proactive measures to enhance
public safety.

SEC. 2. Powers of Local Government Officials Over the
Bureau of Fire Protection Units. - Governors and mayors shall be
deputized as representatives of the Secretary of the Department of
the Interior and Local Government (DILG) in their respective
territorial jurisdiction relative to the exercise of general and
operational control and supervision over Bureau of Fire Protection
(BFP) personnel and offices. As such, the local executives shall
discharge the following functions:

(a) Provincial Governor — The provincial governor shall have
the power to choose the Provincial Fire Marshal from a list of three
(3) eligibles recommended by the Regional Director for Fire
Protection. In provinces where district offices of the BFP exists or
will be established, the provincial governor shall also have the
power to choose the District Fire Marshal for each district office
from a list of three (3) eligibles recommended by the Regional
Director for Fire Protection.

(b) City and Municipal Mayors —

(1) The city and municipal mayors shall exercise operational
supervision and control over BFP personnel in their respective
jurisdiction.

For purposes of this Section, the term “operational supervision
and control” shall mean the power to direct, superintend, oversee
and inspect the BFP personnel and offices in accordance with the
rules and regulations promulgated to achieve the purposes of this
Act.

(2) The municipal or city mayor shall, in coordination with the
local peace and order council, include in the integrated area or
community public safety plan the fire safety plans and programs
which shall be implemented by the local BFP personnel and office.


(3) In addition to the aforementioned powers and functions,
city and municipal mayors shall have the following authority over
the BFP personnel in their respective jurisdictions:

(i) Authority to choose the city or municipal fire marshal from
a list of three (3) eligibles recommended by the Regional Director for
Fire Protection, preferably from the same province, city or
municipality. In the case of large cities and municipalities where a
district office with subordinate fire stations had been established or
will be organized, the city or municipal mayor shall likewise have
the authority to choose the district fire marshal from a list of three
(3) eligibles recommended by the Regional Director for Fire
Protection, preferably from the same province, city or municipality:
Provided, That in no case shall an officer-in-charge be designated
for more than thirty (30) days: Provided, further, That the local
peace and order council may, through the city or municipal mayor,
recommend the reassignment of the city or municipal fire marshal
or the district fire marshal when, in its perception, the latter has
been ineffective in the performance of his functions: Provided,
finally, That such reassignment shall be based on guidelines
established by the BFP;

(ii) Authority to recommend to the Chief of the Fire Bureau,
through the Regional Director for Fire Protection, the transfer,
reassignment or detail of BFP personnel outside of their respective
city or town residences; and

(iii) Authority to recommend from a list of eligibles previously
screened by the peace and order council the appointment of new
members of the BFP to be assigned to their respective cities or
municipalities without which no such appointments shall be
attested: Provided, That whenever practicable and consistent with
the requirements of the service, BFP personnel shall be assigned to
the city or municipality of their residence.

SEC. 3. Administrative Disciplinary Powers over BFP
Personnel. - a) City and municipal mayors shall have the power to
impose, after due notice and summary hearings, disciplinary
penalties for minor offenses committed by personnel of the BFP
assigned to their respective jurisdictions.


For purposes of this Act, a “minor offense” shall refer to any
act or omission not involving moral turpitude, but affecting the
internal discipline of the BFP, and shall include:

1) Simple misconduct or negligence;

2) Insubordination;

3) Frequent absences and tardiness;

4) Habitual drunkenness; and

5) Gambling, as prohibited by existing laws.

The power granted to the city and municipal mayor under this
Section to impose disciplinary penalties for minor offenses
committed by BFP personnel under their jurisdiction shall be
concurrent with the authority of the BFP to discipline their
personnel.

Penalties imposed as a result of an administrative case shall
be without prejudice to other penalties that may be imposed after
prosecution under other existing laws, rules and regulations.

b) In cases when an administrative complaint has been filed
against a BFP personnel under the jurisdiction of the local
government unit, the city or municipal mayor, upon the petition of
the complainant or motu propio, may issue an order of preventive
suspension upon the service of a formal charge or notice of charge,
or immediately thereafter to the BFP personnel who is subject of the
administrative complaint, pending an investigation, if:

1) The charge involves:

i) Dishonesty;

ii) Oppression;

iii) Grave misconduct;

iv) Neglect in the performance of duty;

v) Administrative offenses which are punishable by
dismissal from the service on the second or third offense; or

vi) If there are reasons to believe that the respondent is
guilty of charges that would warrant the removal of the respondent
from the service.


2) An order of preventive suspension may be temporarily
issued to remove the respondent from the scene of the misfeasance,
malfeasance, or nonfeasance to remove the possibility of:

i) Exerting undue influence or pressure on the witnesses
against the respondent; or

ii) Tampering with evidence that may be used against the
respondent.

3) In lieu of preventive suspension, for the same purpose,
upon the recommendation of the city or municipal mayor, the
Regional Director for Fire Protection shall reassign the respondent
to another office in the BFP, outside of the city or municipality
where the respondent is currently assigned, during the formal
hearings.

SEC. 4. Suspension of Operational Supervision and
Control. - The Secretary of the Interior and Local Government may,
upon consultation with the provincial governor and congressman
concerned, suspend the power of operational supervision and
control of any city or municipal mayor over BFP personnel assigned
or stationed in his jurisdiction for any of the following grounds:

a) Frequent unauthorized absences; and
b) Abuse of authority;

Upon good cause shown, the Secretary of the Interior and
Local Government may restore such power withdrawn from any
local executive.

SEC. 5. Implementing Rules and Regulations. - Within
sixty (60) days from the approval of this Act, the Secretary of the
Interior and Local Government shall, in coordination with the Chief
of the BFP, issue the necessary rules and regulations for the
effective implementation of this Act.

SEC. 6. Separability Clause. - If any provision or part of this
Act is declared invalid or unconstitutional, the remaining parts or
provisions not affected shall remain in full force and effect.


SEC. 7. Repealing Clause. — Pertinent provisions of Republic
Act No. 6975, as amended, otherwise known as the “Department of
the Interior and Local Government Act of 1990,” and all other laws,
decrees, executive orders, proclamations, rules and regulations, or
parts thereof inconsistent with the provisions of this Act are hereby
amended, repealed or modified accordingly.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a national
newspaper of general circulation.

Approved,