Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17" CONGRESS
First Regular Session

- Ge
House Bill No. 3358

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

This bill seeks to provide local chief executives of local government units
(LGUs) joint authority with the Bureau of Fire Protection (BFP) in the
appointment of fire marshals and the discipline of BFP personnel in their
respective territorial jurisdictions, amending for the purpose pertinent
provisions of Republic Act No. 6975, as amended, otherwise known as the
"Department of the Interior and Local Government Act of 1990.”

The protection of life and property against destructive fire is a mandate
lodged with the BFP. The catastrophic losses that may result from destructive
fires require LGUs to give utmost importance and make it one of their priorities
to have a well equipped and well-trained fire protection personnel and facilities.

Over the years, many LGUs have supplemented the deficiencies in the
BFP’s facilities and personnel to ensure that their respective localities will have
sufficient fire protection services. Since many LGUs are already involved, to a
certain extent, in activities of the BFP, it is high time to grant local chief
executives joint authority in the appointment of fire marshals in their respective
jurisdictions and limited administrative disciplinary powers as well. This way,
the governor, city and municipal mayors will have joint authority, responsibility,
and accountability in improving or enhancing public safety through the
implementation of fire safety plans and programs and the delivery of prompt and
efficient service to their constituents, particularly during instances of fire-relased
emergencies and other di

epresentative
1* district of Valenfuela


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
First Regular Session

House Bill No, 8808

Introduced by Representative Wes Gatchalian

AN ACT
PROVIDING LOCAL CHIEF EXECUTIVES JOINT AUTHORITY WITH
‘THE BUREAU OF FIRE PROTECTION IN THE APPOINTMENT OF
FIRE MARSHALS AND DISCIPLINE OF PERSONNEL IN THEIR
RESPECTIVE JURISDICTIONS, AMENDING FOR THE PURPOSE
PERTINENT PROVISIONS OF REPUBLIC ACT NO. 6975, AS
AMENDED, OTHERWISE KNOWN AS THE "DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT ACT OF 1990"

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

SECTION 1. Declaration of Policy. - It is hereby declared the policy of
the State to enable local government units to enjoy meaningful local
autonomy and become. self-reliant communities. Moreover it
recognizes the responsibility of the State to enhance the capability of
local government units aimed towards strengthening of the delivery
of basic services to the citizenry including a highly efficient and
competent fire protection services. Towards this end, the State shall
provide local chief executives of local government units joint
authority with the Department of the Interior and Local Government
and the Bureau of Fire Protection in the appointment of fire marshals
in their respective territorial jurisdictions to foster cooperation and
coordination in the performance of their respective functions
particularly in adopting proactive measures to enhance public safety.

SEC. 2. Powers of Local Government Officials Over the Bureau of Fire
Protection Units. - Governors and mayors shall be deputized as
representatives of the Secretary of the Department of the Interior
and Local Government (DILG) in their respective territorial


jurisdiction relative to the exercise of general and operational control
and supervision over Bureau of Fire Protection (BFP) personnel and
offices. As such, the local executives shall discharge the following
functions:

(a) Provincial Governor - The provincial governor shall have
the power to choose the Provincial Fire Marshal from a list of three
(3) eligible recommended by the Regional Director for Fire
Protection. In provinces where district offices of the BFP exists or
will be established, the provincial governor shall also have the power
to choose the District Fire Marshal for each district office from a list
of three (3) eligibles recommended by the Regional Director for Fire
Protection.

(b) City and Municipal Mayors -

(1) The city and municipal mayors shall exercise operational
supervision and control over BFP personnel in their respective
jurisdiction.

For purposes of this Section, the term "operational supervision and
control” shall mean the power to direct, superintend, oversee and
inspect the BFP personnel and offices in accordance with the rules
and regulations promulgated to achieve the purposes of this Act.

(2) The municipal or city mayor shall, in coordination with the
local peace and order council, include in the integrated area or
community public safety plan the fire safety plans and programs
which shall be implemented by the local BFP personnel and office

(3) In addition to the aforementioned powers and functions, city and
municipal mayors shall have the following authority over the BFP
personnel in their respective jurisdictions:

(i) | Authority to choose the city or municipal fire marshal
from a list of three (3) eligibles recommended by the Regional
Director for Fire Protection, preferably from the same province, city
or municipality. In the case of large cities and municipalities where a
district office with subordinate fire stations had been established or
will be organized, the city or municipal mayor shall likewise have the
authority to choose the district fire marshal from a list of three (3)
eligibles recommended by the Regional Director for Fire Protection,
preferably from the same province, city or municipality: Provided,



That in no case shall an officer-in-charge be designated for more than
thirty (30) days: Provided, further, That the local peace and order
council may, through the city or municipal mayor, recommend the
reassignment of the city or municipal fire marshal or the district fire
marshal when, in its perception, the latter has been ineffective in the
performance of his functions: Provided, finally, That such
reassignment shall be based on guidelines established by the BFP;

(ii) Authority to recommend to the Chief of the Fire Bureau,
through the Regional Director for Fire Protection, the transfer,
reassignment or detail of BFP personnel outside of their respective
city or town residences; and

(iii) Authority to recommend from a list of eligibles
previously screened by the peace and order council the appointment
of new members of the BFP to be assigned to their respective cities
or municipalities without which no such appointments shall be
attested: Provided, That whenever practicable and consistent with
the requirements of the service, BFP personnel shall be assigned to
the city or municipality of their residence.

SEC. 3. Administrative Disciplinary Powers over BFP Personnel. - a)
City and municipal mayors shall have the power to impose, after due
notice and summary hearings, disciplinary penalties for minor
offenses committed by personnel of the BFP assigned to their
respective jurisdictions.

For purposes of this Act, a "minor offense" shall refer to any act
or omission not involving moral turpitude, but affecting the internal
discipline of the BFP, and shall include:

1) Simple misconduct or negligence;

2) Insubordination;

3) Frequent absences and tardine:
4) — Habitual drunkenness; and

5) Gambling, as prohibited by existing laws.

The power granted to the city and municipal mayor under this
Section to impose disciplinary penalties for minor offenses
committed by BFP personnel under their jurisdiction shall be
concurrent with the authority of the BFP to discipline their
personnel.

Penalties imposed as a result of an administrative case shall be


without prejudice to other penalties that may be imposed after
prosecution under other existing laws, rules and regulations.

b) In cases when an administrative complaint has been filed
against a BFP personnel under the jurisdiction of the local
government unit, the city or municipal mayor, upon the petition of
the complainant or mote propio, may issue an order of preventive
suspension upon the service of a formal charge or notice of charge, or
immediately thereafter to the BFP personnel who is subject of the
administrative complaint, pending an investigation, if:

1) The charge involves:
i) Dishonesty;
ii) Oppression;
iii) Grave misconduct;
iv) Neglect in the performance of duty;
v) Administrative offenses which are punishable by dismissal from
the service on the second or third offense; or
vi) If there are reasons to believe that the respondent is guilty of
charges that would warrant the removal of the respondent from
the service.

2) An order of preventive suspension may be temporarily issued to
remove the respondent from the scene of the misfeasance,
malfeasance, or nonfeasance to remove the possibility of:

i) Exerting undue influence or pressure on the witnesses against
the respondent; or

ii) Tampering with evidence that may be used against the
respondent.

3) In lieu of preventive suspension, for the same purpose, upon the
recommendation of the city or municipal mayor, the Regional
Director for Fire Protection shall reassign the respondent to another
office in the BFP, outside of the city or municipality where the
respondent is currently assigned, during the formal hearings.

SEC. 4. Suspension of Operational Supervision and Control. - The
Secretary of the Interior and Local Government may, upon
consultation with the provincial governor and congressman
concerned, suspend the power of operational supervision and control
of any city or municipal mayor over BFP personnel assigned or


stationed in his jurisdiction for any of the following grounds:

a) Frequent unauthorized absences; and
b) Abuse of authority;

Upon good cause shown, the Secretary of the Interior and Local
Government may restore such power withdrawn from any local
executive.

SEC. 5. Implementing Rules and Regulations. - Within sixty (60) days
from the approval of this Act, the Secretary of the Interior and Local
Government shall, in coordination with the Chief of the BFP, issue the
necessary rules and regulations for the effective implementation of
this Act.

SEC. 6. Separability Clause. - If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or
provisions not-affected shall remain in full force and effect.

SEC. 7. Repealing Clause. - Pertinent provisions of Republic Act No.
6975, as amended, otherwise known as the “Department of the
Interior and Local Government Act of 1990," and all other laws,
decrees, executive orders, proclamations, rules and regulations, or
parts thereof inconsistent with the provisions of this Act are hereby
amended, repealed or modified accordingly.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a national newspaper of
general circulation.

Approved,