Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. __3796

Introduced by Representatives Mariano Michael M. Velarde Jr. and

a William Irwin Tieng (BUHAY Party List)

EXPLANATORY NOTE

The Philippines has indeed a very rich culture. Its rich cultural heritage, however,
varies from place to place. Furthermore, due to the number of the local historical
“vents and heroes worth commemorating, not all of them are given tribute and
‘¥Fecognition by the national government. Hence, a legislation whose purpose is to
authorize local sanggunians to declare special holidays in their localities in order
te commemorate significant historical events and honor local heroes is

ainperative and necessary.

his bill aims to grant the focal government-units the power to ensure and
support the preservation and enrichment of their local culture and history. This
proposed measure is also intended to unclog the legislative mill of bills where the
subject matters can be appropriately delegated to the local sanggunians to
3egislate. Consequently, Congress would have more time to pass laws of national
amportance and significance to tackle more urgent legislative proposals.

minicom of this measure is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No._3'796

Introduced by Representatives Mariano Michael M. Velarde Jr. and

wi m I Tieng (BUHAY Party List)

AN ACT
AUTHORIZING THE LOCAL SANGGUNIANS TO DECLARE SPECIAL
HOLIDAYS IN THEIR RESPECTIVE LOCALITIES TO COMMEMORATE
SIGNIFICANT HISTORICAL EVENTS AND TO HONOR LOCAL HEROES,
PROVIDING GUIDELINES THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Loca/ Holidays Act of
2010."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State
that the territorial and political subdivisions shall enjoy genuine, true and
meaningful autonomy to enable them to attain their fullest development as self-
reliant communities and as effective partners in the attainment of national goals
and objectives. Towards this end, the local government units herein provided
shall exercise the power to ensure and promote the preservation and enrichment
of their local culture and history. Thus, the local sanggunians are hereby
authorized to declare special holidays in their respective localities to
commemorate significant historical events and honor their local heroes.

SEC. 3, Authority to Declare Special Local Holidays. - The Sangguniang
Panlalawigan, Sangguniang Panlungsod or Sangguniang Bayan, as the case may
be, is hereby authorized to declare, by ordinance, working or non-working
special holidays to commemorate significant historical events in their respective
localities, subject to the guidelines provided under this Act and upon prior
consultation with the National Historical Commission of the Philippines (NHCP)
and the Department of Labor and Employment (DOLE). The Sangguniang
Barangay is likewise hereby authorized to declare, by ordinance, working special
holidays in their respective localities.

SEC. 4. Guidelines for the Declaration of Local Special Holiday. - The
Sanggunian shall observe the following guidelines when declaring special
holidays within their respective localities:


a) There must be prior certification by the NHCP as to the historical significance
of the event or occasion;

b) There must be prior information from the DOLE as to the number of workers
and establishments to be affected by the declaration of the local holiday,
including the effect in terms of possible loss in wages of daily wage earners;

c) The Sangguniang Panlalawigan, by a three-fourths (3/4) vote of all its
members, shall have the authority to declare special holidays covering the entire
province or in more than one of its component cities or municipalities; Provided,
That in no case shall the Sangguniang Panlalawigan declare more than one non-
working holiday in the province or in any of its component cities or
municipalities;

d) The Sangguniang Panlungsod or Sangguniang Bayan in the city or
municipality, as the case may be, by a vote of three-fourths (3/4) of all its
members shall have the authority to declare special holidays in the city or
municipality concerned or in more than one of its component barangays:
Provided, That in no case shall the Sangguniang Panlungsod or Sangguniang
Bayan declare more than one non-working holiday in any city or municipality, as
the case may be, or in any of its component barangays;

) Any local non-working holidays declared prior to the effectivity of this Act shall
continue to be observed until otherwise changed, discontinued or reduced by the
local Sanggunian concerned: Provided, That no local holiday can be changed
oftener than once every ten (10) years and by three-fourths vote of all members
of the Sanggunian concerned;

f) Local Sanggunians in provinces, cities and municipalities with at least one
special non-working holiday already existing at the time of the effectivity of this
Act shall no longer have the authority to declare an additional special non-
working day, except to exercise the prerogative specified in paragraph e hereof;

g) The local Sanggunian, including the Sangguniang Barangay may declare as
many local special working holidays as they may deem appropriate, following the
guidelines prescribed in this section.

SEC.5. Authority of the President to Declare Special Local Holidays. -
Nothing herein shall be construed to limit the power of the President to declare
special holidays, pursuant to Section 28, Chapter 7 of Executive Order 292,
otherwise known as the “Administrative Code of 1987.”

SEC 6. Master List of National and Local Special Days. - Within ninety (90)
days from the effectivity of this Act, the leagues of provinces, cities,
municipalities and barangays shall each submit to the NHCP, a master list of
existing special local holidays in their respective member-local government units,
stating, among others, the nature, legal basis and date of declaration of such
holidays. Thereupon, the NHCP shall immediately furnish the Congress of the
Philippines, the Office of the President, the Department of the Interior and Local

3


Government (DILG) and DOLE a complete list of regular and special national and
local holidays throughout the country. No valid local special holiday should be
declared in any locality after the NHI shall have issued a certification that it has
already submitted the master list to the Congress of the Philippines and the

office of the President.

SEC. 7. Implementing Rules and Regulations. - The Secretary of the DILG,
in consultation with the respective heads of the NHCP, DOLE and the leagues of
provinces, cities, municipalities and barangays, shall issue the necessary rules
and regulations for the effective implementation of this Act.

SEC. 8. Holiday Economics. - As much as possible, the local non-working
holiday shall be declared on a Monday. If a local non-working holiday falls on a
day other than Monday, the local Sanggunian concerned shall have authority to
declare its observance on the nearest Monday: Provided, That the local
Sanggunian concerned shall declare such change not later than six (6) months
prior to its observance.

SEC. 9. Reduction of School Days or Hours. - Nothing herein shall be
construed to reduce the number of school days below the minimum allowed by
the Department of Education (DepEd) and the Commission on Higher Education
(CHED). Additional class days or hours may be scheduled to cover the lost class
days or hours due to the celebration of local non-working holiday, as may be
determined by the local division of the DepEd or the CHED, as the case may be.

SEC. 10. Applicability of the Labor Code. - As used in this Act, "special local
non-working holiday" shall mean "special non-working day" as defined in the
pertinent provisions of the Labor Code and its implementing rules and
regulations.

SEC. 11. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 12. Repealing Clause. - All laws, decrees, orders, rules and regulations,
or portions thereof, inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its publication in at least two (2) national newspapers of general
circulation.