,;1 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
, I~~" q f 1d I hi ~~" 1 rt:. r ~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"13 
OCT 24 n :1.6 
SENATE 
S" No. 1881 
,I '; 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Although the power to issue subpoena and subpoena duces tecum is impliedly granted to 
the local sanggunian 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 bodie~ to e;xercise 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 sanggunian the power to subpoena witnesses. 
This bill seeks to expressly gra~t the ·local sanggunian the power to issue subpoena and 
subpoena duces tecum. , 
'" 
• 
i.~. 
J~. 
~'-' 
~ 
• .4""" 
;NIf' MIRIAM DE ~SOR S 
• This bill was originally filed in the Fourteenth Congress. 
1 


lit 'J' \. 
\It\,j,l' ,_I \\11' ':'n\d::r~ 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
. 
S.No. lBBl 
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
2 
GRANTING THE LOCAL SANGGUNIANS, EXCEPT THE SANGGUNIANG 
3 
BARANGAYS, THE POWER TO CONDUCT INQUIRIES, IN AID OF LEGIS LA TION, TO 
4 
ISSUE SUBPOENA AD TESTIFICANDUM AND DUCES TECUM AND TO PUNISH FOR 
• 5 
CONTEMPT ANY PERSON WHO REFUSES TO OBEY SUCH PROCESS, AMENDING 
• 
6 • 
FOR THE PURPOSE SECTIONS 447,458, AND 468 OF REPUBLIC ACT NO. 7160, 
7 
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 
8 
9 
10 
11 
12 
13 
'14. 
I 
15 
16 
17 
18 
19 
20 
21 
22 
23 
• 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Sections 447 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: 
xxx 
xxx 
xxx 
(6) CONDUCT INQUIRIES IN AID OF LEGISLATION, ISSUE 
SUBPOENA ,4D fEST1FICANDUM 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. 
xxx 
xxx 
xxx" 
1 


• 
SECTION 2. Section 458 of the same law is hereby amended to read as follows: 
2 
"SECTION 458. Powers, Duties, Functions and Compensation. - (a) The 
3 
sungguniang panlungsod, as the legislative' body of the city, shall enact 
4 
ordinances, approve resolutions and appropriate funds for the general welfare of 
5 
the city and its inhabitants pursuant to Section 16 of this Code and in the proper 
6 
exercise of the corporate powers of the city as provide for under Section 22 of this 
7 
Code, shall: 
8 
xxx 
xxx 
xxx 
9 
(6) CONDUCT. INQUIRIES ·IN AID OF LEGISLATION, ISSUE 
·10 
SUBPOENA TESTIFICANDUM AND DUCES TECUM, AND PUNISH FOR 
I 
11 
CONTEMPT ANY PERSON WHO REFUSES TO OBEY SUCH PROCESS. 
12 
[(6)] (7) Exercise such other powers and perform such other duties and 
13 
functions as may be provided for by law and ordinance. 
14 
xxx 
xxx 
xxx" 
15 
SECTION 3. Section 468 of the same law is hereby amended to read as follows: 
16 
"SECTION. 468. Powers, Duties, F.unctions and Compensation. - (a) The 
17 
sangguniang panlalawigan, as the legislative body of the province, shall enact 
18 
ordinances, approve resolutions and appropriate funds for the general welfare of 
• 19 • 
the province and its inhabitants pursuant to Section 16 of this Code and in the 
20 
proper exercise of the corporate powers of the province as provided for under 
21 
Section 22 of this Code, and shall: 
22 
xxx 
xxx 
xxx 
23 
(5) CONDUCT INQUIRIES IN AID OF LEGISLATION, ISSUE 
24 
SUBPOENA TESTIFICANDUM AND DUCES TECUM, AND PUNISH FOR 
25 
CONTEMPT ANY PERSON WHO REFUSES TO OBEY SUCH PROCESS. 
26 
[(5») (6) Exercise such other powers and perform such other duties and 
27 
functions as may be prescribed by law or ordinance. 
28 
xxx 
xxx 
xxx" 
2 


I 
SECTION 4. Implementing Rules and Regulations. - The Secretary of the Interior and 
21 
Local Government, in coordination with the Union of Local Authorities of the Philippines 
3 
(ULAP), shall promulgate the necessary implementing rules and regulations within sixty (60) 
4 
days from the approval of this Act. 
5 
SECTION 5. $epawbility Clause. - If any provision ofthis Act or part thereof is declared 
6 
invalid or unconstitutional, the remainder of the Act and the provisions not otherwise affected 
7 
shall remain in full force and effect. 
8 
SECTION 6. Repealing Clause. - All laws, decrees, executive orders, presidential decrees 
9 
and issuances, rules, and regulations which are inconsistent with this Act are hereby repealed, 
• 
10 
amended, or modified accordingly. 
II 
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
12 
publication in at least two (2) newspapers of general circulation. 
Approved, 
3