Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

8667

House Bill No.

Introduced by Representative PABLO JOHN F. GARCIA

EXPLANATORY NOTE
EXPLANATORY NOTE

The Constitution provides that “The right of the people to information on matters of public
concern shall be recognized. [x x x]"' It likewise states that, “Science and technology are
essential for national development and progress. The State shall give priority to research and
development, invention, innovation, and their utilization [x x x]."?

In Tafiada v. Tuvera®, the Supreme Court had declared publication of laws as an
indispensable ingredient to due process. Even at that time, the Court had already observed
that the publication in the Official Gazette required under Article 2 of the Civil Code may have
already been overtaken by events, and that the interest of publication would be better served
by newspapers of general circulation, which came out more regularly and to a wider
readership. Later, Republic Act No. 7160, otherwise known as the Local Government Code of
1991, incorporated the use of newspapers for the publication requirements of local ordinances.

Needless to say, technological advances have since overtaken Tariada. More advanced
platforms of communication and publication have been developed than those contemplated
under the 70-year-old Civil Code and 30-year-old Local Government Code and which provide
the citizenry more access to and knowledge of enacted laws, rules and regulations, which are
essential to due process.

The advent of smartphones and mobile applications, for instance, has certainly changed
the world forever. Statista, a German statistics company, reports that the Philippines had
around 36.35 million smartphone users as of September 2019‘—a little more than one
smartphone for every three Filipinos. We Are Social and Hootsuite, social network and media
companies based in London and Vancouver respectively, also report that for 2018, “In the
Philippines, time spent online daily soared [x x x] to 10 hours and 2 minutes this year, the

* Const. art. Il, § 7.

? Const. art. XIV, § 10.

* GR. No, L-63915 (1986).

4 Available at https://www.statista.com/statistics/748053/worldwide-top-countries-smartphone-users/.


highest in the world.”* Itis also interesting to note that social media penetration among Filipinos
is at 99% of internet users and that we also spend the most time on social media at 4 hours
and 12 minutes per day.® “Fixed intemet speed grew from 15.19 Mbps [on] average to 19

Mbps."”

Local governments have likewise been catching up with digitization. A quick scan with
search engines reveals that many local governments have their own websites and social media
accounts as well.

Our statutes must reflect these existing realities while serving the primordial aim of
informing citizens of the laws which affect them.

The urgent passage of this bill, therefore, is eamestly sought.

Rep. PABEO4OHN F. GARCIA
3rd District, Province of Cebu

® Gelo Gonzales, Filipinos spend most time online, on social media worldwide — report (2019), available
at _https:/www.rappler.com/technology/news/222407-philippines-online-use-2019-hootsvite-we-are-
social-report.

Pid.

TW.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8667

Introduced by Representative PABLO JOHN F. GARCIA

AN ACT
AMENDING SECTIONS 59, 188, and 511 OF REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, TO
INCLUDE THE ELECTRONIC PUBLICATION OF ORDINANCES AND
RESOLUTIONS AS AN ALTERNATIVE METHOD FOR THEIR EFFECTIVITY

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

Section 1. Section 59 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, is hereby amended to read as follows:

SECTION 59. Effectivity of Ordinances or Resolutions. = (a) Unless A
DIFFERENT PERIOD IS otherwise stated in the ordinance or the resolution
approving the local development plan and public investment program, the
same shall take effect after ten (10) days from the date a copy thereof is
posted in a bulletin board at the entrance of the provincial capitol or city,
municipal, or barangay hall, as the case may be, OR ON THE OFFICIAL
ELECTRONIC CHANNELS OF THE LOCAL GOVERNMENT UNIT
CONCERNED (“OFFICIAL ELECTRONIC CHANNELS”), IF AVAILABLE
[and least two (2) other conspicuous places in the local government unit
concerned).

(b) The secretary to the sanggunian concerned shall cause the posting of
an ordinance or resolution ON OFFICIAL ELECTRONIC CHANNELS, IF
AVAILABLE, OR in the bulletin board at the entrance of the provincial
capitol and the city, municipal, or barangay hall {in at least two (2)
conspicuous places in the local government unit concerned] not later than
five (5) days after approval thereof.


The text of the ordinance or resolution shall be disseminated and posted in
Filipino or English and in the language or dialect understood by the majority
of the people in the local government unit concerned, and the secretary to
the sanggunian shall record such fact in a book kept for the purpose, stating
the dates of approval and posting.

(c) The gist of all ordinances with penal sanctions shall be published in a
newspaper of general circulation within the province where the local
legislative body concerned belongs OR ON THE OFFICIAL ELECTRONIC
CHANNELS OF THE PROVINCE AND ALL THE CITIES AND
MUNICIPALITIES WITHIN SUCH PROVINCE WHERE THE
SANGGUNIAN OF ORIGIN IS SITUATED, IF AVAILABLE. In the absence
of any newspaper of general circulation within the province, posting of such
ordinances shall be made in all municipalities and cities of the province
where the sanggunian of origin is situated OR THROUGH THEIR
RESPECTIVE OFFICIAL ELECTRONIC CHANNELS.

(d) In the case of highly urbanized and independent component cities, the
main features of the ordinance or resolution duly enacted or adopted shall,
in addition to being posted, be published ON OFFICIAL ELECTRONIC
CHANNELS, IF AVAILABLE, OR once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of general
circulation.

FOR PURPOSES OF THIS SECTION AND ELSEWHERE IN THIS ACT,
THE OFFICIAL ELECTRONIC CHANNELS OF THE LOCAL
GOVERNMENT UNIT CONCERNED SHALL MEAN THE WEBSITE(S),
SOFTWARE APPLICATION(S), SOCIAL MEDIA ACCOUNT(S), AND
THE LIKE OF THE LOCAL GOVERNMENT UNIT ENACTING OR
ADOPTING THE ORDINANCE OR RESOLUTION REQUIRED TO BE
PUBLISHED AND/OR POSTED FOR ITS EFFECTIVITY.

Section 2. Section 188 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, is hereby amended to read as follows:

SECTION 188. Publication of Tax Ordinances and Revenue Measures. —
Within ten (10) days after their approval, certified true copies of all
provincial, city, and municipal tax ordinances or revenue measures shall be
published in full ON THE OFFICIAL ELECTRONIC CHANNELS OF THE
LOCAL GOVERNMENT UNIT CONCERNED, IF AVAILABLE, OR for three
(3) consecutive days in a newspaper of local circulation: Provided, however,
That in provinces, cities and municipalities where there are no newspapers


of local circulation, the same may be posted in at least two (2) conspicuous
and publicly accessible places OR ON THE OFFICIAL ELECTRONIC
CHANNELS OF THE LOCAL GOVERNMENT UNIT CONCERNED, IF
AVAILABLE.

Section 3. Section 511 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, is hereby amended to read as follows:

SECTION 511. Posting and Publication of Ordinances with Penal
Sanctions. - (a) Ordinances with penal sanctions shall be posted at
prominent places in the provincial capitol, city, municipal or barangay hall,
as the case may be, for a minimum period of three (3) consecutive weeks.
Such ordinances shall also be published in a newspaper of general
circulation, where available, within the territorial jurisdiction of the local
government unit concerned OR ITS OFFICIAL ELECTRONIC CHANNELS,
IF AVAILABLE, except in the case of barangay ordinances. Unless A
LONGER PERIOD IS otherwise provided therein, said ordinances shall take
effect on the day following its publication, or at the end of the period of
posting, whichever occurs later.

Ikxx]

Section 4. Repealing Clause. - All laws, executive orders, proclamations, rules,
regulations and other issuances or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed, amended, or modified accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15) days following
completion of its publication in at least two (2) newspapers of general circulation.

Approved,