ORIGINAL COPY

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

BEPRESEG

Ss

SIXTEENTH CONGRESS
First Regular Session

House Bill No.__ 420

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

As defined under Section 17 of the Local Government Code, the term
"devolution" refers to the act by which the National Government confers power and
authority upon the various Local Government Units (LGUs) to perform specific functions
and responsibilities.

Devolution is part of the objective for LGUs to be self-reliant. It was for them to
exercise the powers and discharge the duties and functions, not just previously vested
upon them, but also those devolved to them from national agencies and offices.

The devolution included the transfer to LGUs of the records, equipment and other
assets of national agencies and offices corresponding to the devolved powers, functions,
and responsibilities. Most important, it involved the transfer of personnel from the
national government.

The more known devolved functions came from the Departments of Agriculture,
Environment and Natural Resources; Health; and, Social Welfare and Development. Thus
the positions of local Agriculturist, Environment and Natural Resources Officer, Social
Welfare and Development Officer, and Health Officer were created under the Local
Government Code.

However, from the above enumerated positions, in all the LGU classes, meaning
from the provincial, city to municipal Government, only the position of Health Officer
has mandatory appointment. For the Agriculturist Social Welfare and Development
Officer, such positions are optional in the city or municipal levels. In the case of the
Environment and Natural Resources Officer, it is optional at all levels.

Expectedly, said positions being optional, the LGU executives come up with
several reasons not to fill it up. These reasons include administrative viability and lack of
financial resources.

This draft bill seeks to make the appointment of the positions of Environment and
Natural Resources Officer and Social Welfare and Development Officer mandatory in all
LGUs. In the case of the Agriculturist, it makes the position mandatory except in highly
urbanized cities where less than ten percent (10%) of business is agriculture based or
related.


It should be highlighted that the above stated positions render services that are

basic and necessary to the local government's constituency.

As for the Agriculturist, he/she is charge of on-site research services and facilities

related to agriculture and fishery activities, including the following:

dispersal of livestock, poultry and seeding materials for aquaculture;

quality control and improvement and development of local distribution channels,
preferably through cooperatives;

interbarangay irrigation systems;

water and soil resource utilization and conservation projects; and,

enforcement of fishery laws in municipal waters including the conservation of
mangroves;

On the other hand, the Environment and Natural Resources Officer is mandated

implement community-based forestry projects;
manage and control communal forests;
establish tree parks, greenbelts, and similar forest development projects;

Finally, the Social Welfare Office shall be in charge of:

programs and projects on child and youth welfare, family and community welfare,
women’s welfare, welfare of the elderly and disabled persons;

community-based rehabilitation programs for vagrants, beggars, street children,
scavengers, juvenile delinquents, and victims of drug abuse; and,

livelihood and other pro-poor projects; nutrition services; and family planning
services.

If the said positions are optional, (and usually unfilled), the above enumerated

necessary services cannot be properly discharged by the LGU. In view of the foregoing,
the immediate passage of the bill is eamestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2)
House Bill No,__ 4.20

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT

MAKING THE APPOINTMENT TO THE POSITIONS OF LOCAL
AGRICULTURIST, ENVIRONMENT AND NATURAL
RESOURCES OFFICER AND SOCIAL WELFARE AND
DEVELOPMENT OFFICER, MANDATORY IN ALL LOCAL
GOVERNMENT UNITS, AMENDING FOR THE PURPOSE
PERTINENT SECTIONS OF REPUBLIC ACT NO. 7610, AS
AMENDED, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991, AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy. ~ It hereby declared the policy of the State
to enable Local Government Units to exercise the powers and discharge the duties and
functions, not just previously vested upon them, but also those devolved to them from
national agencies and offices.

SECTION 2. Amendment of Section 482 of the Local Government Code. ~
Section 482 of Republic Act No. 7160, otherwise known as the Local Government Code
of 1991, is hereby amended to read as follows:

“ARTICLE XII

The Agriculturist

SECTION 482. Qualifications, Powers and Duties. — (a)
xox

The position of an agriculturist shall be mandatory for the

provincial government, fand optional for the] city and municipal


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governments, EXCEPT IN HIGHLY URBANIZED CITIES WHERE.
LESS THAN TEN PERCENT (10%) OF BUSINESS IS AGRICULTURE.
BASED OR RELATED.”

SECTION 3. Amendment of Section 483 of the Local Government Code. —

Section 483 of Republic Act No. 7160, otherwise known as the Local Government Code

of 1991, is hereby amended to read as follows:

“ARTICLE XIII
The Social Welfare and Development Officer
SECTION 483. Qualifications, Powers and Duties. — xxx
The appointment of a social welfare and development officer is
mandatory for provincial, [and] city [governments], and [optional for]
municipal government.

SECTION 4. Amendment of Section 484 of the Local Government Code. —

Section 484 of Republic Act No. 7160, otherwise known as the Local Government Code

of 1991, is hereby further amended to read as follows:

ARTICLE XIV
The Environment and Natural Resources Officer

SE

PION 484. Qualifications, Powers and Duties. — (a) No
person shall be appointed environment and natural resources officer unless
he is a citizen of the Philippines, a resident of the local government unit
concerned, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture or any related course from
a recognized college or university, and a first grade civil service eligible or
its equivalent. He must have acquired experience in environmental and
natural resources management, conservation, and utilization, for at least
five (5) years in the case of the provincial or city environment and natural
resources officer, and three (3) years in the case of the municipal

environment and natural resources officer.


The appointment of the environment and natural resources officer

is MANDATORY |optional] for provincial, city, and municipal

governments.

SECTION 5. Separability Clause. - If any provision of this Act, or any parts
thereof, is declared unconstitutional, the same shall not affect the validity and effectivity
of the other portions.

SECTION 6. Repealing Clause. - All laws, executive orders, presidential
decrees, proclamations, rules, regulations, issuances and enactments of parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days from its
complete publication in the Official Gazette of in a newspaper of general circulation in

the Philippines, whichever comes earlier.

APPROVED.