Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18TH CONGRESS
First Regular Session

HOUSE BILL NO. 1934

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

Article X, Section 4 of the 1987 Constitution provides that “the President
of the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays shall ensure that the acts
of their component units are within the scope of their prescribed powers and
functions”.

Thus, under the concept of devolution, a component city is within the
administrative and disciplinary jurisdiction of the province where it is
geographically located. In fact, the registered voters of a component city
participate in the election of provincial officials. Further, the power of the
provinces to ensure that the acts of the component units are within the scope of
their prescribed powers and functions as mandated by the Constitution includes
the right to discipline any erring elective officials of the component units.

However, section 61 of R.A. 7160, otherwise known as the “Local
Government Code of 1991” provides that a complaint against any elective official
of a component city shall be filed before the Office of the President.

According to Senator Aquilino Q. Pimentel, Jr. in his book entitled “The
Local Government Code Revisited 2007”, (Philippine Normal University, 2007,
page 237), “the inclusion of elective officials of a component city as among those
who are subject to investigation by the Office of the President was the result of a
compromise. Component city mayors, led by Mayor Honorato Perez of
Cabanatuan City, had lobbied to take them away from the disciplinary
jurisdiction of the governors on the principal argument that the qualifications


demanded of them by their office are the same as those required of the
governors”.

On the other hand, section 63 of R.A 7160 retains the power of the
governors to preventively suspend elective official of a component city “after the
issues are joined, when the evidence of guilt is strong, and given the gravity of
the offense, there is great probability that the continuance in office of the
respondent could influence the witnesses or pose a threat to the safety and
integrity of the records and other evidence.”

The governor, therefore, has the preliminary duty to determine the
strength of the evidence before he/she can issue a preventive suspension. In the
process, the governor relies to a great extent on the recommendation of the
Sangguniang Panlalawigan based on its initial findings whether the preventive
suspension is necessary. Thus, it is desirable that the complaint should be filed
before the Sangguniang Panlalawigan and not before the Office of the President.

Finally, the objective of devolution will be best served if the province has
full disciplinary jurisdiction over official of a component city. It strengthens inter-
operability of the concerned local government units. Hence, the corresponding
amendment to Section 61 of RA 7160 is hereby proposed.

‘is bill is hereby requested.

‘L L. ROMERO Ph.D.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18TH CONGRESS
First Regular Session

HOUSE BILL NO. 19st

Introduced by Representative Michael L. Romero

AN ACT

AMENDING SECTION 61 OF REPUBLIC ACT 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. Section 61 of RA 7160 is hereby amended and shall read
as follows:

Section 61 - Form and Filing of Administrative Complaints. A
verified complaint against any erring local elective official shall be
prepared as follows:

(a) A complaint against any elective official of a province, a
highly urbanized city(,) OR an independent component city
(or component city) shall be filed before the Office of the
President;

(b) A complaint against any elective official of a COMPONENT
CITY OR municipality shall be filed before the
Sangguniang Panlalawigan whose decision may be
appealed to the Office of the President; and


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SECTION 2. All laws, decrees, executive orders, proclamations, rules
and regulations, or parts thereof inconsistent herewith are hereby repealed or
modified accordingly.

SECTION 3. This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation.

Approved,