HOUSE OF REPRESENTATIVES:

Republic of the Philippines RECEIVED

HOUSE OF REPRESENTATIVES AA an one
Quezon City, Metro Manila DATE:
TINE:
SEVENTEENTH CONGRESS BY:

First Regular Session
1023 fF REGISTRATION UNT
HOUSE BILL NO. — BILLS AND INDEX SERVICE

Introduced by Hon. LEOPOLDO N. BATAOIL

EXPLANATORY NOTE

This Bill recognizes Local Civil Registry personnel all over the country as key
players in securing the proofs of identity and status of every citizen in our country. The
government should provide for a program of human resources development for the civil
registry personnel nationwide to achieve and maintain the necessary reservoir of talent
and manpower that will sustain the need of an increasing population. The Bill, therefore,
seeks: (a) to provide for a more responsive and accountable local government structure
whereby local government units shall be given more powers, authority, responsibilities,
and resources; (b) to promote and improve the social and economic well-being of the

Local Civil Registry personnel, their living and working conditions and terms of

employment; (c) to define the functions and responsibilities of the Local Civil Registry
Offices; (d) to develop their skills and capabilities in order that they will be more
responsive and better equipped to deliver various programs and projects attached thereto
to their mandate; and (e) to encourage those with proper qualification and excellent

abilities to join and remain in government service.

In view of the foregoing, immediate approval of this measure is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

5
HOUSE BILL NoLO®3

Introduced by Hon. LEOPOLDO N. BATAOIL

AN ACT AN ACT PROVIDING FOR THE MAGNA CARTA FOR,
LOCAL CIVIL REGISTRY PERSONNEL AND FOR OTHER PURPOSES

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

Section 1. Title. This Act shall be known as the “Magna Carta for Local
Civil Registry Personnel”.

Section 2. Declaration of Policy and Objectives. It is hereby declared the
policy of the State to provide meaningful local autonomy through the process of
decentralization to local government units in order to enable them to attain their
fullest development as self-reliant communities and make them more effective
partners in the attainment of national goals, Towards this end the Act aims, (a) to
provide for a more responsive and accountable local government structure
whereby local government units shall be given more powers, authority,
responsibilities, and resources; (Book I Title 1, Section 2a of RA 7160), (b) to
promote and improve the social and economic well-being of the Local Civil
Registry personnel, their living and working conditions and terms of employment;
(c) to define the functions and responsibilities of the Local Civil Registry Offices;
(a) to develop their skills and capabilities in order that they will be more
responsive and better equipped to deliver various programs and projects attached
thereto to their mandate; and (e) to encourage those with proper qualification and
excellent abilities to join and remain in government service (RA 7035 Sec. 2).

Section 3. Definition. For purposes of this Act, “Local Civil Registrar”
shall mean the employee, who as a Local Department Head, is duly appointed by
the Local Chief Executive and concurred by the Civil Service Commission as
such, and all staff under him/her who are likewise duly appointed and concurred to
render services as Local Civil Registry Office personnel, regardless of their
employment status.

Section 4. Qualification. (a) No person shall be appointed Local Civil
Registrar unless he is a citizen of the Philippines, a resident of the Local
Government Unit concerned, of good moral character, a holder of a master's
degree preferably in public administration from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have
acquired experience in civil registry work for at least five (5) years in the case of


the city and three (3) years in the case of the municipal (RA 7160 Art. 9, Sec.
479a); and (b) for those of lower ranks within the Local Civil Registry Office,
shall meet the minimum requirements prescribed by the Local Government Unit or
the Civil Service Commission.

Section 5. Duties and Functions. The Local Civil Registrar shall take
charge of the Civil Registry Office and shall have the following functions and

duties:

a.

Shall be responsible for the civil registration program in the local
government unit concerned, pursuant to the Civil Registry Law, as
amended, the Civil Code, as amended, and other pertinent laws, rules
and regulations issued to implement them;

. Develop plans and strategies and upon approval of the Mayor

implement the same, particularly those which have to do with civil
registry programs and projects;

Accept all registrable documents, judicial and quasi-judicial decrees
affecting the civil status of persons:

. File, keep and preserve in a secure place the registry books and

documents as required by law:

. Transcribe and enter upon receipt all registrable documents, judicial

I status of persons in the

and quasi-judicial decrees affecting the ci
appropriate civil registry books;

Furnish the Office of the Civil Registrar-General, within a prescribed
period, the fourth carbon copy of registered documents required by
law;

Issue certified transcript or copies of all local civil registry documents
including but not limited to birth, death and marriage certificates;
Provided that only certified true copies of original in the local civil
registry or transcription thereof shall be considered valid on all legal
purposes both local and foreign;

Receive applications for the issuance of marriage license and, after
determining that the requirements and supporting certificates and
publication thereof for the prescribed period have been complied with,
issue the license upon payment of the authorized fees;

Perform quasi-judicial functions in accordance with RA 9048, and
implement RA 9255, and other pertinent laws that may be enacted;

Submit periodic status report on the condition of civil registry
documents filed in the civil registry office:
Coordinate with the NSO in conducting education campaign for vital

registration fir vital registration and assist in the preparation of
demographic and other statistics for the LGU concerned; and

Exercise such other powers and performs such other duties and
functions as may be prescribed by law or ordinance.


In the discharge of its duties and functions, the Local Civil Registry Office
shall exercise utmost conscience and dignity and indiscretion to race, gender,
religion, nationality, party politics, social standing or capacity to pay.

Section 6. Performance Evaluation. As established under CSC Rules and
Regulations on performance evaluation and subject to the internal rules thereof of
the concerned Local Government Unit, the Local Civil Registry personnel shall be
subject to a semestral performance evaluation by the concerned Local Chief
Executive.

‘The performance evaluation shall consider foremost the improvement of
individual employee efficiency and organizational effectiveness. The Local Civil
Registry personnel shall be informed of the result of their performance evaluation.

Section 7. Salaries and Benefits. The Local Civil Registry Personnel shall
be entitled to the following salaries and benefits, as provided by law and
ordinances:

a. Basic Monthly Salary. The basic monthly salary of a Local Civil
Registrar may be higher but not lower than the prevailing rate for Salary
Grade 24 of the National Agencies, subject to the provisions of RA
6758; while those of lower ranks shall receive the prevailing rate
equivalent to salary grade in the national agencies;

b. Honorarium. In the performance of his/her quasi-judicial functions
pursuant to RA 9048, the LCR shall be entitled to a monthly
honorarium as prescribed by the Joint Commission of the DILG, CSC,
and DBM;

¢. Additional Monetary and Non-Monetary Benefits. Notwithstanding RA
6758 and other pertinent laws and circulars, the LCR and other LCRO
personnel, as appropriate, shall also be entitled to Representation
Allowance and Traveling Allowance, ADCOM, PERA, Hazard Pay,
Longevity Pay, Salary Increments, Productivity Pay, Cash Gift, 13°
Month Pay, Overtime Pay, Compensatory Overtime Credit (COC),
Compensatory Time-Off (CTO), Monetization of Leave Credits,
Medical Allowance, Uniform Allowance, Compensation for Injuries,
Leave Benefits, and Study Leave, among others, as may be prescribed
by the Joint Commission on Compensation and Benefits.

Section 8. Right to Self-Organization. The Local Civil Registry Personnel
shall have the right to freely form, join or assist organization or unions for
purposes not contrary to law in order to defend and protect their mutual interests
and to obtain redress of their grievances through peaceful concerted activities.

Section 9. Freedom from Interference or Coercion. It shall be unlawful for
any person to commit any act of interference or coercion in the discharge of the
Local Civil Registry functions.

Section 10. Administrative Charges. Administrative charges against a Local
Civil Registrar and LCRO personnel shall be heard by a committee in the Local


Government Unit composed of the HRMO, Representative of the Department
Heads or Rank and File, as appropriate, a Representative of the accredited
employees’ association, and the President of the Local Civil Registrars
Association in the Province where the LGU is located, without prejudice to the
Representation of the Philippine Association of Civil Registrars. The committee
shall submit its findings and recommendations to the Local Chief Executive and
the Civil Service Commission within thirty (30) days from the termination of the
hearing.

Section 11. Safeguard in Disciplinary Procedures. In every disciplinary
proceeding, the Local Civil Registry Personnel shall have:

2

the right to be informed. in writing, of the charges:

co

. the right to full access to the evidences in the case;

iS

the right to defend him/herself and to be defended by a representative of
his/her choice and/or by his/her organization, adequate time being given
to hinvher for the preparation of his/her defense:

d. the right to confront witnesses presented against him/her and common
witnesses in his/her behalf;

e. the right to appeal to designated authorities:

f. the right to reimbursement of reasonable expenses incurred in his/her
defense in case of exoneration or dismissal of the charges; and

g. such other rights as will insure fairness and impartiality during the
proceedings.

Section 12. Rules and Regulations. In consultation with the Association of
Civil Registrars and other agencies, the DILG shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act.

Section 13. Mandatory Review. This Act shall undergo a mandatory review
on its provisions every ten (10) years to make the law more responsive to the
needs of the times. The review shall be made by Congress which shall conduct
public hearings and record relevant testimonies of functionaries in the civil
registration system which shall be the basis of amendments or modification of

' certain provisions.

Section 14. Penal Provision. Any person who shall willfully interfere with,
restrain or coerce the Local Civil Registrar, or his staff, in the exercise of his/her
rights and functions or shall in any manner commit any act in violation of any of
the provisions of this Act, upon conviction, shall be punished by a fine of not less
than One Hundred Thousand pesos (P100,000.00) but not more than Two Hundred
Fifty Thousand pesos (P250,000.00) or imprisonment of not more than One (1)
year or both at the discretion of the court.

i



If the offender is a public official, the court, in addition to the penalties
provided in the preceding paragraph, may impose the additional penalty of
disqualification from public office.

Section 1 separability Clause. If any provision of this Act is declared
invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

Section 16. Repealing Clause. All laws, PDs, Executive Orders, and their
implementing rules and regulations inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 17. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) national newspapers of
general circulation.