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

‘THIRTEENTH CONGRESS
First Regular Session

House BillNo.___ 20

Introduced by HON. EDGAR M. CHATTO .
1% DISTRICT, BOHOL

EXPLANATORY NOTE

Although the power to issue subpoena and subpoena duces tecum is impliedly
granted to the local sangguniang panlalawigans by virtue of the statutory grant of
delegated legislative power, there is a need to expressly grant the same because the
subpoena power is judicial in character. Allowing local legislative bodies to exercise this
power without express statutory basis will impinge on the principle of separation of
powers.

Both the Constitution and the Local Government Code are mum about granting the
sangguniang panlalawigans the power to subpoena witnesses.

‘This bill seeks to expressly grant the local sangguniang panlalawigans the power to
issue subpoena and subpoena duces tecum.

Filed during the 12" Congress, this measure was for sponsorship in the House

Plenary, But due to time constraints, it was never taken up. Hence, the same is re-filed
for the consideration of this Congress. '

REP.IEDGAR M. CHATTO



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

THIRTEENTH CONGRESS
First Regular Session

House Bill NO. 20.

Introduced by HON. EDGAR M, CHATTO
15" DISTRICT, BOHOL

AN ACT GRANTING THE LOCAL SANGGUNIANS, EXCEPT THE SANGGUNIANG
BARANGAYS THE POWER TO CONDUCT INQUIRIES, IN AID OF LEGISLATION,
TO ISSUE SUBPOENA AND TO PUNISH FOR CONTEMPT ANY PERSON WHO
REFUSES TO OBEY SUCH PROCESS, AMENDING FOR THE PURPOSE
SECTIONS 447, 458 AND 468 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN
AS THE LOCAL GOVERNMENT CODE OF 1991.

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

SECTION 1. Sections 447, 458 and 468 of Republic Act NO, 7160, otherwise known
as the Local Government Code of 1991 is hereby amended to read as follows:

“SECTION 447. Powers, Duties,

Functions and Compensation. —

(a.)The sangguniang bayan, as the
legislative body of the municipality,
shall enact ordinances, approve
resolutions and appropriate funds for the
general welfare of the municipality and
its inhabitants pursuant to Section 16 of
this Code and in the proper exercise of

the corporate powers of the municipality



as provided for under Section 22 of this
Code, and shall:
(1) xxx
XxX
(©) CONDUCT INQUIRIES, IN

AID OF LEGISLATION ISSUE

SUBPOENA TESTIFICANDUM AND

DUCES TECUM AND PUNISH FOR

CONTEMPT ANY PERSON, WHO

REFUSES TO OBEY SUCH

PROCESS.

[(6)] (7) Exercise such other powers
and perform such duties and functions as
may be prescribed by law or ordinance.”

“SECTION 458. Powers, Duties,

Functions and Compensation. —

(a) The sangguniang panlungsod, as the
legislative body of the city, shall
enact ordinances, approve
resolutions and appropriate funds for
the general welfare of the city and its
inhabitants pursuant to Section 16 of

this Code and in the proper exercise



of the corporate powers of the city as
provide for under Section 22 of this

Code, shail:

(I) xxx

XXX

(6) CONDUCT INQUIRIES, IN
AID OF LEGISLATION, ISSUE
SUBPOENA TESTIFICANDUM AND
DUCES TECUM AND PUNISH FOR
CONTEMPT ANY PERSON, WHO
REFUSES TO OBEY SUCH
PROCESS.

{(6)] (7) Exercise such other powers
and perform such other duties and
functions as may be provided for by law
and ordinance.”

“SECTION. 468. Powers, Duties,
Functions and Compensation. —

(a) The sangguniang panlalawigan, as
the legislative body of the province, shall
enact ordinances, approve resolutions and
appropriate funds for the general welfare of

the province and its inhabitants pursuant to



Section 16 of this Code and in the proper
exercise of the corporate powers of the
province as provided for under Section 22 of
this Code, and shall:

(I)xxx
xxx
(5) CONDUCT INQUIRIES, IN AID
OF LEGISLATION, ISSUE SUBPOENA
TESTIFICANDUM AND DUCES TECUM
AND PUNISH FOR CONTEMPT ANY
PERSON, WHO REFUSES TO OBEY
SUCH PROCESS.
[(5)] (6) Exercise such other powers
and perform such other duties and functions
as may be prescribed by law or ordinance.”

SEC. 2. The Department of the Interior and Local Government (DILG), in
coordination with the Union of Local Authorities of the Philippines (ULAP), shall
promulgate the necessary rules and regulations within sixty (60) days upon the approval
of this Act.

SEC. 3. This Act shall take effect upon its approval.

Approved,