FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S. N;,ENY9S4 
Iotroduc", by Sm,l" Mi"= Dorou,o, sm",go"" 'V,,, , ." # ' 
EXPLANATORY NOTE 
This bill seeks to require the concurrence of the local school board on the assignment of 
division superintendents, district supervisors, school principals and other school officials to a 
particular local government unit. The primary objective is to delete the words which make 
obscure the meaning not only ofthe provision but of the law itself. 
Section 99 of the local Government Code mandates the Department of Education 
(DepEd) to consult the local school board pertaining to the appointment of the aforementioned 
officials. This ambiguous provision has triggered a legal controversy involving the Province of 
Negros Oriental and an appointee of the DepEd. Unfortunately, the lower court interpreted the 
phrase "shall consult" to mean. merely to inform or to notify as it was not expressed in a 
mandatory language. Apparently, the lower court gave weight to the "letter that kIlleth" and not 
"to the spirit that giveth life." Certainly, when the framers of the Local Government Code 
bestowed upon the local government units powers and responsibilities, their noble intention was 
to cloth them with broad authority to decide and have a final say on matters within the ambit of 
their respective jurisdiction. This is precisely the essence of the decentralization policy of the 
government. 
Thus, this bill seeks to clarify the meaning of this ambiguous provision so as to remove 
the various interpretations on the subject provision which caused some irritants among local 
officials and the DepEd appointee. With (he enactment of this bill into law, similar controversy 
that may arise in the future will be avoided. 
1 


This is a Senate counteIpart bill to one filed in the House of Representatives by Rep. 
Emilio C. Macias 11.1 
1 This bill was originally filed in the 14'h Congress 1"' Regular Session 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1954 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
" 
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REQUIRING THE CONCURRENCE OF THE LOCAL SCHOOL BOARD ON THE 
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ASSIGNMENT OF DIVISION SUPERINTENDENTS, DISTRICT SUPERVISORS, SCHOOL 
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PRINCIP ALS, AND OTHER SCHOOL OFFICIALS AMENDING FOR THE PURPOSE 
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SECTION 99, PARAGRAPH (D) OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS 
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THE LOCAL GOVERNMENT CODE OF 1991 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Section 99, paragraph (d) of Republic Act No. 7160, otherwise known as 
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the Local Government Code of 1991, is hereby amended to read as follows: 
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"SECTION 99. Functions of Local School Board. - The provincial, city or municipal 
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school board shall: 
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(a) Determine, in accordance with criteria set by the Department of Education 
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[,Culture and Sports], the annual supplementary budgetary needs for the operation and 
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maintenance of public schools within the province, city or municipality, as the case may 
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be, and the supplementary local cost of meeting such needs, which shall be reflected in 
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the form of an annual school hoard budget corresponding to its share of the proceeds of 
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the special levy on real property constituting the Special Education Fund and such other 
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sources of revenue as this Code and other laws or ordinance may provide, 
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(b) Authorize the provincial, city or municipal treasurer, as the case may be, to 
• 
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disburse funds from the Special Education Fund pursuant to the budget prepared in 
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accordance with existing rules and regulations; 
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(c) Serve as an advisory committee to the sanggunian concerned on educational 
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matters such as but not limited to, the necessity for the use of local appropriations for 
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educational purposes; and 
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(d) Recommend changes in the names of public schools within the territorial 
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jurisdiction oflocal government unit for the enactment ofthe sanggunian concerned 
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The 
Department of Education 
(DepEd) 
shall 
[consult] 
SEEK 
THE 
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CONCURRENCE OF the local school board on the appointment OR ASSIGNMENT of 
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division superintendents, district supervisors, school principals, and other school 
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officials." 
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SECTION 2. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
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in at least two (2) newspapers of general circulation. 
Approved 
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