FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
Senate Bill No. 2929 
"11 
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INTRODUCED BY SENATOR FERDINAND R. MARCOS, JR. 
EXPLANATORY NOTE 
Article X, Section 4 of the 1987 Constitution provides that "the President of the 
Philippines shall exercise general supervision over local governments. Provinces with 
respect to component cities and municipalities, and cities and municipalities with 
respect to component barangays shall ensure that the acts of their component units are 
within the scope of their prescribed powers and functions". 
Thus, under the concept of devolution, a component city is within the 
administrative and disciplinary jurisdiction of the province where it is geographically 
located. In fact, the registered voters of a component city participate in the election of 
provincial officials. Further, the power of the provinces to ensure that the acts of the 
component units are within the scope of their prescribed powers and functions as 
mandated by the Constitution includes the right to discipline any erring elective officials 
of the component units. 
However, section 61 of R.A. 7160, otherwise known as the "Local Government 
Code of 1991" provides that a complaint against any elective official of a component city 
shall be filed before the Office of the President. 
According to Senator Aquilino Q. Pimentel, Jr. in his book entitled "The Local 
Government Code Revisited 2007", (Philippine Normal University, 2007, page 237), "the 
inclusion of elective officials of a component city as among those who are subject to 
investigation by the Office of the President was the result of a compromise. Component 
city mayors, led by Mayor Honorato Perez of Cabanatuan City, had lobbied to take them 
away from the disciplinary jurisdiction of the governors on the principal argument that 
the qualifications demanded of them by their office are the same as those required of 
the governors". 
On the other hand, section 63 of R.A 7160 retains the power of the governors to 
preventively suspend elective official of a component city "after the issues are joined, 
when the evidence of guilt is strong, and given the gravity of the offense, there is great 
probability that the continuance in office of the respondent could influence the witnesses 
or pose a threat to the safety and integrity of the records and other evidence". 


The governor, therefore, has the preliminary duty to determine the strength of the 
evidence before he/she can issue a preventive suspension. In the process, the governor 
relies to a great extent on the recommendation of the Sangguniang Panlalawigan based 
on its initial findings whether the preventive suspension is necessary. Thus, it is 
desirable that the complaint should be filed before the Sangguniang Panlalawigan and 
not before the Office of the President. 
Finally, the objective of devolution will be best 
served if the province has full disciplinary jurisdiction over official of a component city. It 
strengthens inter-operability of the concerned local government units. 
Hence, the 
corresponding amendment to Section 61 of RA 7160 is hereby proposed. 
Earnest approval of this bill is hereby requested. 
FERDINAN 
R. M)RCOS, JR. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
'11 
AUG -4 P 5 :24 
SENATE 
Senate Bill No. 2929 
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INTRODUCED BY SENATOR FERDINAND R. MARCOS, JR. 
AN ACT AMENDING SECTION 61 OF 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. Section 61 of RA 7160 is hereby amended and shall read as 
follows: 
Section 61 -
Form and Filing of Administrative Complaints. A verified 
complaint against any erring local elective official shall be prepared as follows: 
(a) A complaint against any elective official of a province, a highly 
urbanized city(,) OR an independent component city (or component 
city) shall be filed before the Office of the President; 
(b) A complaint against any elective official of a COMPONENT CITY OR 
municipality shall be filed before the Sangguniang Panlalawigan whose 
decision may be appealed to the Office of the President; and 
(c) x x x 
SECTION 2. All laws, decrees, executive orders, proclamations, rules and 
regulations, or parts thereof inconsistent herewith are hereby repealed or modified 
accordingly. 
SECTION 3. This Act shall take effect fifteen (15) days after its publication in at 
least two (2) national newspapers of general circulation. 
Approved,