FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
, 
( ;'., 
Introduced by Senator Miriam Defensor Santiago 
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. 
This is a Senate counterpart bill to one filed in the House of Representatives by Rep. 
Edgar M. Chatto.* 
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• This bill was originally filed in the 141h Congress. 
I 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~Yl . 
S.No. ],008 
/) 
I( 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
GRANTING THE LOCAL SANGGUNIANS, EXCEPT THE SANGGUNIANG 
3 
BARANGAYS, THE POWER TO CONDUCT INQUIRIES, IN AID OF LEGISLATION, TO 
4 
ISSUE SUBPOENA AND TO PUNISH FOR CONTEMPT ANY PERSON WHO REFUSES 
5 
TO OBEY SUCH PROCESS, AMENDING FOR THE PURPOSE SECTIONS 447,458 AND 
6 
468 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS 
7 
THE LOCAL GOVERNMENT CODE OF 1991 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Sections 447 of Republic Act No. 7160, otherwise known as the Local 
9 
Government Code of 1991 is hereby amended to read as follows: 
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SECTION 447. Powers, Duties, Functions and Compensation. - (a.) The 
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sangguniang bayan, as the legislative body of the municipality, shall enact 
12 
ordin::mces, approve resolutions and appropriate funds for the . general welfare of 
13 
the municipality and its inhabitants pursuant to Section 16 of this Code and in the 
14 
proper exercise of the corporate powers of the municipality as provided for under 
15 
Section 22 of this Code, and shall: 
16 
xxx 
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(6) CONDUCT INQULRIES, IN AID OF LEGISLATION, ISSUE 
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SUBPOENA AD TESTIFICANDUM AND DUCES TECUM AND PUNISH FOR 
19 
CONTEMPT ANY PERSON, WHO REFUSES TO OBEY SUCH PROCESS; 
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[(6)J (7) Exercise such other powers and perform such duties and functions as 
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may be prescribed by law or ordinance." 
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SECTION 2. Section 458 of the same law is hereby amended to read as follows: 
1 


1 
SECTION 458. Powers, Duties,Functions andCompensation. - (a) The 
2 
sangguniang panlungsod, as the legislative body of the city, shall enact 
3 
ordinances, approve resolutions and appropriate funds for the general welfare of 
4 
the city and its inhabitants pursuant to Section 16 of this Code and in the proper 
5 
exercise of the corporate powers of the city as provide for under Section 22 of this 
6 
Code, shall: 
7 
(1) x x x 
8 
xxx 
9 
(6) CONDUCT INQUIRIES, IN AID OF LEGISLATION, ISSUE 
10 
SUBPOENA TESTIFICANDUM AND DUCES TECUM AND PUNISH FOR 
11 
CONTEMPT ANY PERSON, WHO REFUSES TO OBEY SUCH PROCESS. 
12 
[(6)] (7) Exercise such other powers and perfonn such other duties and 
13 
functions as may be provided for by law and ordinance. 
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SECTION 3. Section 468 of the same law is hereby amended to read as follows: 
15 
SECTION. 468. Powers, Duties, Functions and Compensation. - (a) The 
16 
sangguniang panlalawigan, as the legislative body of the province, shall enact 
17 
ordinances, approve resolutions and appropriate funds for the general welfare of 
18 
the province and its inhabitants pursuant to Section 16 of this Code and in the 
19 
proper exercise of the corporate powers of the province as provided for under 
20 
Section22 of this Code, and shall: 
21 
(l)xxx 
22 
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 perfonn such other duties and 
27 
functions as may be prescribed by law or.ordinance. 
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SECTION 4. The Department of the Interior and Local Government (DILG), in 
2 
coordination with the Union of Local Authorities of the Philippines (ULAP), shall promulgate 
3 
the necessary rules and regulations within sixty (60) days upon the approval of this Act. 
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SECTION 5. All laws, decrees, executive orders, presidential issuances and circulars 
5 
issued by administrative bodies which are inconsistent with this Act are hereby repealed, 
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amended or modified accordingly. 
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SECTION 6. If any provision of this Act is declared unconstitutional, the same shall not 
8 
affect the validity and effectivity ofthe other provisions thereof. 
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SECTION 7. This Act shall take effect fifteen (15) days after its publication in at least 
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two (2) newspapers of general circulation. 
, 
Approved. 
3