14'h Congress of the Republic ) 
of the Philippines 
) 
3rd Regular Session 
) 
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Introduced bv Senator Aauilino Q. Pimentel. Jr. 
\ 
Explanatory Note 
Fire disasters and emergencies take place in specific localities in 
provinces, cities, municipalities and barangays. Given this scenario, it is just 
appropriate for the Bureau of Fire Protection to be devolved to the local 
government units. There is no reason for fire men and other fire fighting 
personnel to be provided with national status, since these people are known to 
cater to the fire prevention and rescue requirements of their respective local 
government units, and not the country as a whole. 
Hence, this bill proposes to amend Sections 17, 443, 454, 463 and 478 of 
Book 111, Title V of Republic Act No. 7160, otherwise known as the "Local 
Government Code of 1991" by including fire protection services as devolved 
function and the personnel be included in the organizational structure of every 
province, city and municipality and whose powers and functions are herein 
defined properly. 
It is therefore mandatory for every province, city and municipality to be 
given their respective offices in fire protection, so as to provide prompt and 
efficient service to their constituents, especially during instances of fire-related 
emergencies and disasters. 
In view of the foregoing, the immediate approval of this measure is 
earnestly requested. 
AQUlLlNO Q. PIMENTEL, JR. 


14‘h Congress of the Republic ) 
of the Philippines 
) 
3rd Regular Session 
) 
SENATE 
A /  
Introduced by Senator Aquilino Q. Pirnef?@i~~ 
... 
AN ACT DEVOLVING FIRE PROTECTION SERVICES, AMENDING FOR THIS 
PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 7160, 
OTHERWISE KNOWN AS THE “LOCAL GOVERNMENT CODE OF 1991”, 
REPUBLIC ACT NO. 6975, OTHERWISE KNOWN AS THE ”DEPARTMENT 
OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990”, REPUBLIC 
ACT NO. 9263, OTHERWISE KNOWN AS THE “BUREAU OF FIRE 
PROTECTION AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY 
PROFESSIONALIZATION ACT OF 2004”, REPUBLIC ACT NO. 9592, 
OTHERWISE KNOWN AS “AN ACT EXTENDING FOR FIVE (5) YEARS THE 
REGLEMENTARY 
PERIOD 
FOR COMPLYING WITH 
THE 
MINIMUM 
EDUCATIONAL QUALIFICATION AND APPROPRIATE ELIGIBILITY FOR 
APPOINTMENT IN THE BUREAU OF FIRE PROTECTION (BFP) AND THE 
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING 
FOR THE PURPOSE SECTION 4 OF REPUBLIC ACT NO. 9263”, AND FOR 
OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. This Act shall be known as the BUREAU OF FIRE PROTECTION 
(BFP) DEVOLUTION ACT OF 2009. 
SECTION 2. Section 17, paragraph b, subparagraph 2 of Republic Act No. 7160 
is hereby amended by inserting a new paragraph (iv) to read as follows: 
SEC. 17. Basic Services and Facilifies. (a) xxxxx 
(b) xxxxx 
(1) For a Barangay: 
xxxxx 
(2) For a Municipality: 
( i )  xxxxx 
(ii) xxxxx 
(iii) Subject to the provisions of Title Five, Book I of this Code, 
health services which include the implementation of programs and 
projects on primary health care, maternal and child care, and 
communicable and non-communicable disease control services; 
access to secondary and tertiary health services; purchase of 
medicines, medical supplies, and equipment needed to carry out 
the services herein enumerated; 
(iv) FIRE PROTECTION SERVICES WHICH INCLUDE 
PROGRAMS AND POLICIES ON FIRE PREVENTION AND 
SUPPRESION, AND EMERGENCY SERVICES SUCH AS 
RESCUE AND EVACUATION. 
(v) (iv) Social welfare services which include programs and projects on 
child and youth welfare, family and community welfare, women’s 


welfare, welfare of the elderly and disabled persons; community- 
based rehabilitation programs for vagrants, beggars, street children, 
scavengers, juvenile delinquents, and victims of drug abuse; livelihood 
and other pro-poor projects; nutrition services; and family planning 
services; 
(vi) (v) 
xxxxx 
(vii) (vi) xxxxx 
(viii) (vii) xxxxx 
(ix) (viii) xxxxx 
(x) (ix) 
xxxxx 
(xi) (x) 
xxxxx 
(xii) (xi) xxxxx 
(xiii) (xii) xxxxx 
SECTION 3. Section 17, paragraph b, subparagraph 3 of Republic Act No. 7160 
is hereby amended by inserting a new paragraph (v) to read as follows: 
(3) For a Province: 
(i) xxxxx 
(ii) xxxxx 
(iii) xxxxx 
(iv) Subject to the provisions of Title Five, Book I of this Code, 
health services which include hospitals and other tertiary health 
services; 
(v) FIRE PROTECTION SERVICES WHICH INCLUDE BUT ARE 
NOT LIMITED TO.FIRE FIGHTING TRAININGS ON FIRE FIGHTING 
TECHNIQUES; FIRE PREVENTION AND EMERGENCY MEDICAL 
PROCEDURES; INVESTIGATION OF CAUSES OF FIRES AND 
FILING OF APPROPRIATE COMPLAINTS RELATIVE THERETO. 
(vi) (v) Social welfare services which include programs and projects 
on rebel returnees and evacuees; relief operations; and, population 
development services; 
(vii) (vi) xxxxx 
(viii) (vii) xxxxx 
(ix) (viii) xxxxx 
(x) (ix) 
xxxxx 
(xi) (x) 
xxxxx 
(xii) (xi) xxxxx 
(xiii) (xii) .xxxxx 
SECTION 4. Section 17, paragraph 4, subparagraph ii of Republic Act No. 7160 
is hereby amended to read as follows: 
(4) For a City: 
All the services and facilities of the municipality and province, and 
in addition thereto, the following: 
(i) xxxxx 
(ii) Support for education, police, and fire PROTECTION services 
AS PROVIDED BY PARAGRAPH B, SUBPARAGRAPH 2 (IV) 
AND PARAGRAPH 2, SUBPARAGRAPH 3 (V) HEREOF, and 
facilities. 
SECTION 5. Section 443 of Republic Act No. 7160 is hereby amended to read as 
follows: 
SEC. 443. Officials of the Municipal Government. - (a) There shall 
be in each municipality a municipal mayor, a municipal vice-mayor, 


sangguniang bayan members, a secretary to the sangguniang bayan, a 
municipal treasurer, a municipal assessor, a municipal accountant, a 
municipal budget officer, a municipal planning and development 
coordinator, a municipal engineer/building official, a municipal health 
officer, A MUNICIPAL FIRE PROTECTION OFFICER and a municipal 
civil registrar. 
(b) xxxxx 
SECTION 6. Section 444 of Republic Act No. 7160 is hereby amended to read as 
follows: 
SEC. 454'. Officials of the City Government. - (a) There shall be in 
each city a mayor, a vice-mayor, sangguniang panlungsod members, a 
secretary to the sangguniang panlungsod, a city treasurer, a city assessor, 
a city accountant, a city budget officer, a city planning and development 
coordinator, a city engineer, a city health officer, A CITY FIRE 
PROTECTION OFFICER, a city civil registrar, a city 
administrator, a city 
legal officer, a city veterinarian, a city social welfare 
and 
development 
officer, and a city general services officer. 
(b) xxxxx 
SECTION 7. Section 463 of Republic Act No. 7160 is hereby amended to read as 
follows: 
SEC. 463. Officials of the Provincial Government. - (a) There shall 
be in each province a governor, a vice-governor, members of the 
sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, 
a provincial treasurer, a provincial assessor, a provincial accountant, a 
provincial engineer, a provincial budget officer, a provincial planning and 
development coordinator, a provincial legal officer, a 
provincial 
administrator, a 
provincial health officer, A 
PROVINCIAL 
FIRE 
PROTECTION OFFICER, a provincial social welfare and development 
officer, a provincial general services officer, a provincial agriculturist, 
and a provincial veterinarian. 
(b) xxxxx 
SECTION 8. Section 478A shall be added after section 478 of Article Eight to 
read as follows: 
ARTICLE EIGHT 
SEC. 478-A. THE FIRE PROTECTION OFFICER. Qualifications, Powers and 
Duties. - (A) NO PERSON SHALL BE APPOINTED FIRE PROTECTION 
OFFICER UNLESS HE IS A CITIZEN OF THE PHILIPPINES, A RESIDENT OF 
THE LOCAL GOVERNMENT UNIT CONCERNED, OF GOOD MORAL 
CHARACTER, AND A DULY LICENSED ELECTRICAL ENGINEER. HE MUST 
HAVE 
PASSED 
THE 
PSYCHlATRlClPSYCHOLOGICAL, DRUG 
AND 
PHYSICAL TESTS FOR THE PURPOSE OF DETERMINING HlSlHER 
PHYSICAL AND 
MENTAL HEALTH, AND MUST HAVE ACQUIRED 
EXPERIENCE IN THE PRACTICE OF HIS PROFESSION FOR AT LEAST FIVE 
(5) YEARS IN THE CASE OF THE PROVINCIAL OR CITY FIRE PROTECTION 
OFFICER, AND THREE (3) YEARS IN THE CASE OF THE MUNICIPAL FIRE 
PROTECTION OFFICER. 
THE APPOINTMENT OF THE FIRE PROTECTION OFFICER SHALL BE 
MANDATORY 
FOR 
THE 
PROVINCIAL, 
CITY, 
AND 
MUNICIPAL 
GOVERNMENTS. 


(B) THE FIRE PROTECTION OFFICER SHALL SUPERVISE THE FIRE 
PROTECTION OFFICE WHICH SHALL HAVE THE FOLLOWING FUNCTIONS: 
PREVENT 
AND 
SUPPRESS 
ALL 
DESTRUCTIVE 
FIRES 
ON 
BUILDINGS, HOUSES, AND OTHER STRUCTURES, FORESTS, LAND 
TRANSPORTATION 
VEHICLES 
AND 
EQUIPMENT, 
SHIPS 
OR 
VESSELS DOCKED AT PIERS OR WHARVES OR ANCHORED IN 
MAJOR SEAPORTS, PETROLEUM INDUSTRY INSTALLATIONS, RAIL 
AND AIR CRASHES AND OTHER SIMILAR INCIDENTS; 
IMPLEMENT PROGRAMS AND POLICIES DESIGNED TO IMPROVE 
AND STRENGTHEN THE FIRE PROTECTION CAPABILITY OF THE 
LOCAL GOVERNMENT UNIT; 
ENSURE THE ENFORCEMENT OF THE FIRE CODE AND OTHER 
RELATED LAWS; 
INITIATE FIRE PROTECTION AND EMERGENCY SERVICES SUCH AS 
RESCUE AND EVACUATION OF INJURED INDIVIDUALS AT FIRE- 
RELATED INCIDENTS: 
MAINTAIN THE 
FIRE ENGINE EQUIPMENT IN ITS PROPER 
CONDITION, ASSIST IN THE TESTING OF FIRE HYDRANTS AND 
VERIFY EMERGENCY WATER SUPPLIES; 
CONDUCT PUBLIC SAFETY DRILLS SUCH AS FOR RESCUE AND 
EVACUATION IN FIRE-RELATED DISASTROUS INCIDENTS; 
INSPECT HOUSES, BUILDINGS AND OTHER STRUCTURES TO 
PREVENT FIRES BY ENSURING COMPLIANCE WITH THE FIRE 
CODE AND OTHER RELATED LAWS; 
DISSEMINATE FIRE SAFETY INFORMATION AND EDUCATION TO 
THE PUBLIC SO AS TO HELP PROMOTE FIRE SAFETY AWARENESS 
SUCH 
AS 
GIVING 
TALKS 
IN SCHOOLS 
AND 
TO 
LOCAL 
ORGANIZATIONS, AND HOME VISITS TO PROVIDE ADVICE; 
ASSIST 
IN 
THE 
SUPPRESSION 
OF 
DESTRUCTIVE 
FIRES 
OCCURRING IN NEIGHBORING LOCALITIES; 
IN ADDITION 
TO THE 
FOREGOING FUNCTIONS, THE 
FIRE 
PROTECTION OFFICE AT THE PROVINCIAL AND CITY LEVELS 
INCLUDING MUNICIPALITIES WITHIN THE NATIONAL CAPITAL 
REGION (NCR) SHALL: 
(I) 
INVESTIGATE CAUSES OF DESTRUCTIVE FIRES, PREPARE 
REPORTS ON FIRES IN CASES WHEREIN THE CAUSE OF THE 
FIRE MAY BE ARSON OR CRIMINAL NEGLIGENCE AND IF 
WARRANTED, 
FILE 
THE 
APPROPRIATE 
COMPLAINTS 
RELATIVE THERETO; 
MONITOR, EVALUATE AND COORDINATE THE OPERATIONS 
AND ACTIVITIES OF THE FIRE SERVICE OPERATING UNITS 
AT THE MUNICIPAL LEVEL; 
(11) 


(111) 
CONDUCT FIRE SERVICE TRAININGS INCLUDING BUT NOT 
LIMITED TO FIRE FIGHTING TECHNIQUES, FIRE PREVENTION, 
AND EMERGENCY MEDICAL PROCEDURES; 
(11) 
EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER 
FUNCTIONS AS MAY BE PRESCRIBED BY LAW OR ORDINANCE. 
SECTION 9. Separability Clause. If any provision of this Act is held invalid or 
unconstitutional, the other provisions not affected thereby shall remain valid and 
subsisting. 
SECTION 10. Repealing Clause. All existing pertinent provisions of Republic Act 
No. 7160, otherwise known as the "Local Government Code of 1991", Republic 
Act No. 6975, otherwise known as the "Department of the Interior and Local 
Government Act of 1990, Republic Act No. 9263, otherwise known as 
the "Bureau of Fire Protection and Bureau of Jail Management and Penology 
Professionalization Act of 2004", Republic Act No. 9592, otherwise known as "An 
Act Extending for Five (5) Years the Reglementary Period for Complying with the 
Minimum Educational Qualification and Appropriate Eligibility for Appointment in 
the Bureau of fire Protection (BFP) and the Bureau of Jail Management and 
Penology (BJMP), Amending for the Purpose Section 4 of Republic Act No. 
9263", and all laws, decrees, executive orders, proclamations, rules and 
regulations, or parts thereof inconsistent herewith are hereby amended, repealed 
or modified accordingly. 
SECTION 11. Effectivity. This Act shall take effect fifteen (15) days after 
publication in the Official Gazette or in any two (2) national newspapers of 
general circulation. 
Approved,