Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Michael L. Romero 
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 
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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. 
MICHAEL L. ROMERO Ph.D.  


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by Representative Michael L. Romero 
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
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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,