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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
HtHfl:r llf Hp!: ~~orn· ... bf~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
<13 
OCT -3 P 6 :05 
SENATE 
S. No. 
1828 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Republic Act No. 7160, also known as the Local Government Code of 1991, Section 469 
(a) provides that "There shall be a secretary to the sanggunian who shall be a career official with 
the rank and salary equal to a head of department or office." The Civil Service Commission, in 
Resolution No. 92-1111 dated 20 August 1992, interpreted this provision to mean that a secretary 
to the sanggunian, whether of a municipality, city or province, is not a department head but only 
occupies a position "eql,lal to a head of department or office." 
It is believed that the secretary to the sanggunian is the head of the office of the 
sanggunian, as a separate department of the local government. The vice governor or the vice 
mayor is the second highest-ranking officer of the entire local government after the governor or 
mayor, as the case may be. To consider the vice governor or vice mayor as a department head is 
tantamount to demoting him or her in rank and stature as he or she is assigned a salary grade 
higher than that given a local government department head and is the acknowledged assistant 
chief executive of the local government unit. 
The relegation of the position of a secretary to the sanggunian to a level other than that of 
a department head when all his or her qualifications, powers, and functions relate to a department 
head lowers his or her morale as it constitutes a virtual source of discrimination. This bill places 
the position of secretary to the sangggunian to the level of a local govermnent department head. * 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1828 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 7160, 
'13 
OCT -3 P6 :06 
3 
ALSO KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, 
4 
ON THE LEVEL OF THE POSITION OF SECRETARY TO THE SANGGUNIAN 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
5 
SECTION 1. Republic Act No. 7160, also known as the Local Government Code of 1991, 
6 
Section 469 (a), is hereby amended to read as follows: 
7 
"Section 469. Qualifications, Powers and Duties. - (a) There shall be a 
8 
secretary to the sanggunian who shall be a career official with the rank and salary 
9 
[equal to 1 OF a head of department or office." 
10 
SECTION 2. Section 508 (a) ofthe same law is hereby amenoed to read as follows: 
11 
"Section 508. 
Organization. 
-
(a) 
Vice-governors, vice-mayors, 
12 
sanggunian members of barangays, municipalities, component cities, highly-
13 
urbanized cities and provinces, and other [elective 1 officials of local government 
14 
units, including those of the Metropolitan Manila area and any metropolitan 
15 
political subdivisions, may form their respective leagues or federation, subject to 
16 
applicable provisions of this title and pertinent provisions of this Code." 
17 
SECTION 3. Separability Clause. - If any provision or part hereof is held invalid or 
18 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
19 
valid and subsisting. 
1 


I 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
2 
order, letter of instruction, administrative order, rules,. regulations, or part thereof contrary to or 
3 
inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
4 
SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
5 
publication in at least two (2) newspapers of general circulation. 
Approved, 
2