SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 114 
INTRODUCED BY SENATOR FERDINAND R. MARCOS, JR. 
EXPLANATORY NOTE 
Article X, Section 4 of the 1987 Constitution provides that "the President of 
the Philippines shall exercise general supervision over local govemments. 
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 RA 7160, otherwise known as the "Local 
Govemment 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 govemors on the principal argument that the qualifications 
demanded of them by their office are the same as those required of the 
govemors" . 


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 dty. It strengthens 
inter-operability of the concerned local government units. 
Hence, the 
corresponding amendment to Section 61 of RA 7160 is hereby proposed. 
Earnest approval of this bill is hereby requested. 
FERDtNAN 
R. AAARCOS, JR. 


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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
Senate Bill No. 
114 
INTRODUCED BY SENATOR FERDINAND R. MARCOS, JR. 
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 
(c) x x x 
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,