Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon, City

FIFTEENTH CONGRESS
Regular Session

3969

‘House Bill No.

Introduced by Honorable Pastor M. Alcover Jr.

EXPLANATORY NOTE

This bill secks to transfer to the Local Government Units the duty of fighting
and suppressing communist insurgency amending for the purpose Republic Act No.
7160 otherwise known as the “Local Government Code of 1991.”

‘The Philippines has been plagued by communist insurgency for close to five
decades already. And despite the Government’s efforts to finally end the problem, it is
just as stubborn as a perennial grass that is almost impossible to uproot. Because of
this, there is an urgent need to reassess and reformulate the government's strategy in
dealing with the problem, lest, this cancer could metastasize and destroy every fiber,
every facet and every stratum of the Philippine society.

Insurgency is not just about a group of rebels taking up arms against the
Government then seize and take control a particular area or territory of the country.
‘The insurgency problem is a complex one. It goes through different stages before it
finally metamorphosis into a full-blown armed conflict. It is for this reason that the
solution for the insurgency problem in the Philippines should not be focused on a
purely military onc. Military option should only be considered as a last resort. Instead,
the problem should be aggressively addressed while it is still on its initial stages.

‘The initial stage of an insurgency is when it is still a political propaganda
movement and not yet an armed struggle. This happens when the Propaganda
Organizing Team (POT) of the communist insurgents would enter a target area or
village, befriend the local inhabitants, and then, slowly, as they gradually win the
hearts of the local people, they will begin indoctrinating them. At this point, they will
start spreading lies about the government. They will exploit the most vulnerable
aspect of the lives of the villagers — their poverty — and use it to fan a flame of hatred
against the government. This strategy is basically in line with the doctrine laid down
by Mao Tse Tung that propaganda is essential in pursuit of its revolution, when he
said, “Propaganda plays a vital role in the revolution. He, who wins the propaganda,
wins the war.”

It is at this stage where the role of the Local Government Units would be very
crucial. The Local Chief Executives, because of their proximity, are the first
government officials to know any unusual activitics happening within their
jurisdictions. Therefore, they should be our first line of defense against communist
insurgency. Moreover, since insurgency is basically a propaganda war, it should be
considered as a political problem and not a military problem hence it is the political


machinery of the government in the form of the Local Government Units that should
be utilized in solving the problem. ‘The vigilance and active participation of the Local
Government Units would be very effective in nipping a nascent insurgency in the bud
and prevent it from passing through its infant stage. If a local Chief Executive docs
not want insurgent activities in his territorial jurisdictions, the insurgents cannot enter
within his territory. If all the Chief Executives of the Local Government Units in the
country were united in fighting against insurgency, there would be no more space for
any insurgency movement in the entire Philippine territory!

In view of the foregoing, approval of this bill is highly and earnestly
recommended,

PASTOR M. AI VER, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon, City

FIFTEENTH CONGRESS
_ Regular Session

House BillNo._ 3969

Introduced By Honorable Pastor M. Alcover Jr.

AN ACT
TRANSFERRING TO THE LOCAL GOVERNMENT UNITS THE DUTY OF
FIGHTING AND SUPPRESSING COMMUNIST INSURGENCY WITHIN THEIR
TERRITORIAL JURISDICTIONS AMENDING FOR THE PURPOSE REPUBLIC
ACT NO, 7160 OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE
OF 1991

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

SECTION 1. Section 384 of the Local Government Code of 1991 is hereby
amended to read as follows:

“SEC 384. Role of the Barangays. As the basic political unit, the
Barangay serves as the primary planning and implementing unit of the
government policies, plans, programs, projects, and activities in the
community, and as a forum wherein the collective views of the people may
be expressed, crystallized and considered, and where disputes may be
amicably settled. IN ADDITION, THE BARANGAY SHALL BE THE
LEADING LOCAL GOVERNMENT UNIT TO SUPPRESS
COMMUNIST INSURGENCY MOVEMENTS OR SUSPECTED
COMMUNIST INSURGENCY MOVEMENTS WITHIN ITs

TERRITORIAL JURISDICTION AND SHALL FORMULATE
MEASURES, PROGRAMS AND POLICIES IN RELATION
THERETO.”

SEC 2. Sub-paragraph (3) of paragraph (b) of Section 389 of the same Act is
hereby further amended to read as follows:
“SEC 389. Chief Executive: Powers, Duties, and Functions.
(a)xxx
(b) xxx
(xxx
()xxx

(Q)xxx


(3) Maintain public order in the Barangay and, in pursuance thereof,
assist the city or municipal mayor and the sanggunian members in the
performance of their duties and functions[;]: PROVIDED, THAT IN
RELATION TO THE DUTY OF THE BARANGAYS TO SUPPRESS
COMMMUNIST INSURGENCY MOVEMENTS WITHIN THEIR
TERRITORIAL JURISDICTIONS, THE PUNONG BARANGAY
SHALL IMMEDIATELY REPORT TO THE MUNICIPAL MAYOR
OR CITY MAYOR ANY INSURGENT ACTIVITY OR SUSPECTED
INSURGENT ACTIVITY WITHIN HIS BARANGAY AND SHALL
CLOSELY WORK AND COORDINATE WITH THE MAYOR IN THE,
FORMULATION OF MEASURES OR STRATEGIES FOR THE
SUPPRESSION THEREOF.

SEC 3. Section 440 of the same Act is hereby further amended to read as
follows:

“SEC 440. Role of the Municipality. — The municipality, consisting of
a group of barangays, serves primarily as a general-purpose government for
the coordination and delivery of basic, regular and direct services and effective
governance of the inhabitants within its territorial jurisdiction. IN ADDITON,
THE MUNICIPALITY SHALL HAVE THE DUTY TO SUPPRESS ANY
COMMUNIST INSURGENCY MOVEMENT OR SUSPECTED
COMMUNIST INSURGENCY MOVEMENT WITHIN _ ITS
TERRITORIAL JURISDICTION AND SHALL FORMULATE
MEASURES, PROGRAMS AND POLICIES IN RELATION
THERETO.”

SEC 4. Item (vi) of Sub-paragraph (2) of Paragraph (b) of Section 444 of the
same Act is hereby further amended to read as follows:

“SEC 444, The Chief Executive: Powers, Duties, Functions and
Compensation.

(a)xxx
(b) xxx
(I) xxx
(2)xxx
XXX

(vi) Call upon the appropriate law enforcement agencies to suppress
disorder, riot, lawless violence, rebellion or sedition or to apprehend
violators of the law when public interest so requires and the municipal
police forces are inadequate to cope with the situation of the
violators[:]: PROVIDED, THAT IN RELATION TO THE DUTY
OF MUNICPALITIES TO SUPPRESS COMMUNIST
INSURGENCY MOVEMENTS WITHIN THEIR
TERRITORIAL JURISDICTIONS, THE MUNICIPAL
MAYORSHALL IMMEDIATELY REPORT TO THE
PROVINCIAL GOVERNOR ANY INSURGENT ACTIVITY
OR SUSPECTED INSURGENT ACTIVITY WITHIN HIS
TERRITORIAL JURISDICTION AND COORDINATE


CLOSELY WITH THE PROVINCIAL GOVERNOR IN THE
FORMULATION OF MEASURES OR STRATEGIES FOR
THE SUPPRESSION THEREOF: PROVIDED, FURTHER,
THAT THE MUNICIPAL MAYOR MAY REQUEST THE
ASSISTANCE OF THE ARMED FORCES OF THE
PHILIPPINES, AS A LAST RESORT, IF THE MUNICIPAL
RESOURCES AND MUNICIPAL POLICE FORCES ARE
INADEQUATE TO COPE WITH THE INSURGENCY
PROBLEM;”

SEC 5. Section 448 of the same Act is hereby further amended to read as
follows:

“SEC 448. Role of the City. ~ The city, consisting of more urbanized
and developed barangays, serves as a general-purpose government for the
coordination and delivery of basic, regular, and direct services and effective
governance of the inhabitants within its territorial jurisdictions. IN
ADDITON, THE CITY SHALL HAVE THE DUTY TO SUPPRESS
ANY COMMUNIST INSURGENCY MOVEMENT OR SUSPECTED
COMMUNIST INSURGENCY MOVEMENT WITHIN ITS
TERRITORIAL JURISDICTION AND SHALL FORMULATE
MEASURES, PROGRAMS AND POLICIES IN RELATION
THERETO.”

SEC 6. Item (vi) of Sub-paragraph (2) of Paragraph (b) of Section 455 of the
same Act is hereby further amended to read as follows:

“SEC 455. The Chief Executive: Powers, Duties, Functions and
Compensation.

(a)xxx
(b) xxx
(xxx
(2)xxx
XXX

(vi) Call upon the appropriate law enforcement agencies to suppress
disorder, riot, lawless violence, rebellion or sedition or to apprehend violators
of the law when public interest so requires and the city police forces are
inadequate to cope with the situation of the violators[;]: PROVIDED, THAT
IN RELATION TO THE DUTY OF THE CITIES TO SUPPRESS
COMMUNIST INSURGENCY MOVEMENTS WITHIN THEIR
TERRITORIAL JURISDICTIONS, THE CITY MAYOR SHALL
IMMEDIATELY TAKE ACTION ON ANY INSURGENT ACTIVITY
OR SUSPECTED INSURGENT ACTIVITY WITHIN HIS
TERRITORIAL JURISDICTION AND SHALL FORMULATE
MEASURES OR STRATEGIES FOR THE SUPPRESSION THEREOF:
PROVIDED, FURTHER, THAT THE CITY MAYOR MAY REQUEST
THE ASSISTANCE OF THE ARMED FORCES OF THE
PHILIPPINES, AS A LAST RESORT, IF THE CITY RESOURCES
AND CITY POLICE FORCES ARE INADEQUATE TO COPE WITH


THE INSURGENCY PROBLEM, AND IN THE CASE OF A
COMPONENT CITY, THE DUTY OF THE MAYOR OF SAID CITY
SHALL BE AS PROVIDED UNDER ITEM (VI) OF SUB-PARAGRAPH
(2) OF PARAGRAPH (B) OF SECTION 444 OF THIS CODE, AS
AMENDED;”

SEC 7. Section 459 of the same Act is hereby further amended to read as
follows:

“SEC 459. Role of the Province. — The province, composed of a
cluster of municipalities, or municipalities and component cities, and as a
political and corporate unit of government, serves as a dynamic mechanism for
development processes and effective governance of local government units within
its territorial jurisdiction. IN ADDITON, THE PROVINCE SHALL HAVE THE
DUTY TO SUPPRESS ANY COMMUNIST INSURGENCY MOVEMENT OR
SUSPECTED COMMUNIST INSURGENCY MOVEMENT WITHIN ITS
TERRITORIAL JURISDICTION AND SHALL FORMULATE MEASURES,
PROGRAMS AND POLICIES IN RELATION THERETO.”

SEC 8, Item (vi) of Sub-paragraph (2) of Paragraph (b) of Section 465 of the
same Act is hereby further amended to read as follows:

“SEC 465. The Chief Executive: Powers, Duties, Functions and
Compensation.

(a)xxx

(b) xxx
(I)xxx
(2)xxx
XXX

(vi) Call upon the appropriate national law enforcement agencies to
suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend
violators of the law when public interest so requires and the police forces of
the component city or municipality where the disorder or violence is
happening are inadequate to cope with the situation of the violators[;]:
PROVIDED, THAT IN RELATION TO THE DUTY OF THE
PROVINCES TO SUPPRESS COMMUNIST INSURGENCY
MOVEMENTS WITHIN THEIR TERRITORIAL JURISDICTIONS,
THE PROVINCIAL GOVERNOR SHALL IMMEDIATELY TAKE
ACTION ON ANY INSURGENT ACTIVITY OR SUSPECTED
INSURGENT ACTIVITY REPORTED BY THE MUNICIPAL
MAYORS OR CITY MAYORS OF COPONENT CITIES WITHIN HIS
PROVINCE AND SHALL CLOSELY COORDINATE WITH THE
MAYOR OF THE MUNICPALITY OR COMPONENT CITY WHERE
THE INSURGENT ACTIVITY OR SUSPECTED INSURGENT
ACTIVITY IS REPORTED IN THE FORMULATION OF MEASURES
OR STRATEGIES FOR THE SUPPRESSION THEREOF, PROVIDED,
FURTHER, THAT THE PROVINCIAL GOVERNOR MAY REQUEST
THE ASSISTANCE OF THE ARMED FORCES OF THE
PHILIPPINES, AS A LAST RESORT, IF THE MUNICIPAL OR CITY



RESOURCES AND THE MUNICIPAL OR CITY POLICE FORCES OF
THE MUNICIPALITY OR COMPONENT CITY WHERE THE
INSURGENT ACTIVITY OR SUSPECTED INSURGENT ACTIVITY
IS REPORTED, ARE INADEQUATE TO COPE WITH THE
INSURGENCY PROBLEM;”

SEC 9. Any elected or non-elected local government unit official who has
failed to act or report any communist insurgency movement within his territorial
jurisdiction or has given assistance, aid or support, in whatever form, to the
communist insurgents shall be principally liable for the crime of rebellion as
penalized under Article 134 of the Revised Penal Code.

SEC 10. The Secretary of the Interior and Local Government shall issue the
necessary rules and regulations for the effective implementation of this Act.

SEC 11. Alll laws, decrees, executive orders, letters of instructions, rules and
regulations or parts thereof which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.

SEC 12. This Act shall take effect fifteen (15) days after its publications in the
official Gazette or in two (2) national newspaper of general circulation.

APPROVED