Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. 1877

___ Introduced by Honorable Oscar “Richard” S. Garin, Jr.

“AN ACT AMENDING REPUBLIC ACT 7160 OTHERWISE KNOWN.
AS THE LOCAL GOVERNMENT CODE OF 1991”

EXPLANATORY NOTE

Section 17, Article II of the 1987 Philippine Constitution explicitly provides that
“The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and development." (emphasis
supplied)

This declared policy of the state is further amplified in Article XIV of fundamental
law, pertinent provisions of which read:

“Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education
accessible to all.

Section 2. The State shall:

Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society;

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Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in
both public and private schools, especially to the under-privileged;

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Section 5.
The State shall take into account regional and sectoral needs and conditions and
shall encourage local planning in the development of educational policies and
programs.

Moreover, Section 1, Article III of the 1987 Philippine Constitution provides:
“Section 1. No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the
laws.” (emphasis supplied)


The equal protection clause of the Constitution was amply explained by the
Supreme Court in this wise:

"The equal protection of the law clause is against undue favor and
individual or class privilege, as well as hostile discrimination or the
oppression of inequality. It is not intended to prohibit legislation, which is
limited either in the object to which it is directed or by territory within which is to
operate. It does not demand absolute equality among residents it merely
requires that all persons shall be treated alike, under like circumstances
and conditions both as to privileges conferred and liabilities enforced. The
equal protection clause is not infringed by legislation which applies only to those
persons falling within a specified class, if it applies alike to all persons within
such class, and reasonable grounds exists for making a distinction between
those who fall within such class and those who do not."(Ichong, et. al. vs.
Hernandez, et. al. G.R. No.L-7995, May 31, 1957 citing 2 Cooley, Constitutional
Limitations, 824-825. En Banc; emphasis supplied)

As the presiding officer of the 10” Sangguniang Panlalawigan ng Iloilo and at the
same time, Chairman of the Committee on Education, | feel that this 16”
Congress should look into Sections 447 (a) (5) (xi) and 458 (a) (5) (xi) of the
Local Government Code of 1991 which read, to quote:

Section 447 (a) (5) (xi) of the Local Government Code mandates a
municipality to:

(5) Approve ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of this Code,
and in addition to said services and facilities, shall:

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(xi)Establish a scholarship fund for poor but deserving students residing within
the municipality in schools located within its jurisdiction; (emphasis supplied)

It can be noted that Section 458 (a) (5) (xi) of the Local Government Code
On Section 458 (a) (5) (xi) of the Local Government Code authorizes a city
to:

(5) Approve ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of this Code,
and in addition to said services and facilities, shall:

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(xi) Establish a scholarship fund for the poor but deserving students in schools
located within its jurisdiction or for students residing within the city;

By applying the above-cited provisions of the Local Government Code, it
appears that unfair distinction exists between cities and municipalities who have
tertiary learning institutions and those who have not. Thus, the need to level the
playing field by way of this proposed amendment.



Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

House Bit No._ 1877

duced by Honorable Oscar “Richard” S. Garin, Jr.

“AN ACT AMENDING 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.Short Title. - This amendment shall be known as the "Local
Government Scholarship Reform Act of 2013."

Section 2. Section 447 (a) (5) (xi) of the Republic Act 7160 is hereby amended
to read as follows:

“Section 447 (a) (5) (xi) of the Local Government Code is hereby
amended to read, as follows: "(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic services and facilities as provided for
under Section 17 of this Code, and in addition to said services and facilities,
shall:

OK

(xiEstablish a scholarship fund for poor but deserving students residing
within the municipality in schools WITHIN THE REGION;"

Section 3. Section 458 (a) (5) (xi) of the Republic Act 7160 is hereby amended
to read as follows:

* Section 458 (a) (5) (xi) of the Local Government Code is hereby amended to
read, as follows: "(5) Approve ordinances which shall ensure the efficient and
effective delivery of the basic services and facilities as provided for under
Section 17 of this Code, and in addition to said services and facilities, shall:

XXX

(xi) Establish a scholarship fund for the poor but deserving students residing
within the city in schools WITHIN THE REGION,”


Section 4. Separability Clause. — If any part, section or provision of this Act is
held invalid or unconstitutional, the other parts or provisions not affected thereby
shall remain in force and effect.

Section 5. Repealing Clause. — All other laws, decrees, orders, issuances,
rules and regulations that are inconsistent with the provisions of this Act are

hereby repealed, amended or modified accordingly.

Section 6. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,