SEVENTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES }
Second Regular Session } "8 MAY 22. ANT 35

sno 1814

INTRODUCED BY SENATOR VICENTE C. SOTTO III

—-.

AN ACT
ENHANCING PUBLIC SAFETY AT THE LOCAL LEVEL BY ESTABLISHING
AND MAINTAINING A DEPARTMENT OF PUBLIC SAFETY IN EVERY
PROVINCE, CITY AND MUNICIPALITY

EXPLANATORY NOTE

The State recognizes that “the maintenance of peace and order, the
Protection of life, liberty, and property, and the promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of
democracy. !” Likewise, “the State shall ensure the autonomy of local
governments.”2

Considering that the Constitution of the Philippines recognizes the
importance of local governments, the Local Government Code has
empowered the local government units to ensure and protect the general
welfare of their constituents through “the preservation and enrichment of
culture, promote health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve public
morals, enhance economic prosperity and social justice, promote full
employment among their residents, maintain peace and order, and preserve
the comfort and convenience of their inhabitants”3. As such, the local

government units are expected to be at the frontline in providing the needed

Section S, Article II, 1987 Philippine Constitution
? Section 25, Article II, 1987 Philippine Constitution
3 Section 16, Local Government Code of the Philippines



services of their respective constituents because they have more and closer
contact with their local government than with the national government.

In order to enhance the ability of the local government units to
effectively and timely respond to the needs of their citizens, the creation of a
Department of Public Safety in every province, city and municipality is being
Proposed to improve the capability of local government units to meet the
demand for greater safety and security, better local traffic management, and
enhanced disaster preparedness and response.

According to the Japan International Cooperation Agency (JICA),
based on its updated figure for 2017, the worsening traffic congestion in
Metro Manila alone now costs P3.5 Billion in lost opportunities per day.
Moreover, based on the data from the Philippine Statistics Authority, the
number of deaths due to road crashed has been increasing since 2006 -
with its concomitant economic losses per accident. The public also incurs
economic and other losses in instances of deaths, injuries and damage to
Property due to crime and natural or man-made disasters and calamities.
Many of such losses, however, may be prevented by a more responsive and
better prepared government at the local level. A proactive local approach can
be part of a broader and more comprehensive solution to the challenges that

the country confronts in the areas of public order and safety.

This bill promotes greater commitment to public order and safety by
local government units and increases their responsiveness by establishing a
fully functional and responsive central command and control center and
emergency response and management system. Further, the proposed
measure institutionalizes the creation of a Department of Public Safety
under the direct control and supervision of the provincial governor, city and
municipal mayor. The Department of Public Safety will support and
augment law enforcement, oversee the operations of private security
agencies and security guards, clear sidewalks and public spaces of
obstruction, and mitigate the effects of disasters and calamities. This



measure also allows for contiguous municipalities and cities to jointly
establish collective command and control centers and emergency response
and management systems pending the ability of certain municipalities and

Cities to establish their own independent centers and systems.

In view of the foregoing, the passage of this bill is earnestly

recommended.

N

VICENTE €. SOTTO III



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SEVENTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES } .
Second Regular Session } 18 MAY 22. All 35

BBNo. 181 4 RECEIVE fp

INTRODUCED BY SENATOR VICENTE C. SOTTO III

AN ACT
ENHANCING PUBLIC SAFETY AT THE LOCAL LEVEL BY
ESTABLISHING AND MAINTAINING A DEPARTMENT OF PUBLIC
SAFETY IN EVERY PROVINCE, CITY AND MUNICIPALITY

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
“Public Safety Act.”

SEC. 2. Declaration of Policy. - It is the policy of the State to
Promote public order, ensure public safety and further spur economic
development through the enhancement of local government capability
in addressing safety and security concerns and maintaining public
order including the implementation of efficient and effective local
traffic management and disaster preparedness and relief operations.
Towards this end, all local government units shall establish and
maintain a fully functional and responsive central command and
control center and emergency response and management system in
order to protect and preserve the right of the people to life, liberty and
property.

SEC. 3. Creation of a Department of Public Safety. - Every
Province, city and municipality is hereby mandated to create a
Department of Public Safety (DPS) which, under the direct control and
supervision of the provincial governor, city or municipal mayor, is


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tasked to implement public order and safety laws and ordinances,
help reduce vehicular traffic congestion and address the effects of
man-made and natural disasters. The DPS shall operate a fully-
functional and responsive central command and control center and
emergency response and management system that will connect
constituents needing immediate assistance with the emergency
resources of the government, such as law enforcement, medical
services, and fire and rescue services, using the most appropriate and
available technologies and communications, with a fully-operative call
center and dispatch hotline, adequate and well-trained staff, sufficient
and up-to-date emergency response equipment, all consistent with
national standards and best practices.

Contiguous municipalities and cities may, through their local
chief executives, enter into arrangements and agreements to establish
collective command and control centers and emergency response and
management systems pending the ability of certain municipalities and
cities to establish their own independent centers and systems.

Any province, city or municipality with an existing DPS or
similar agency shall retain the same but must conform with the
provisions of this Act.

SEC. 4. Power and Functions. - The DPS shall exercise the
following powers and functions:

(a) Prepare, integrate, coordinate, supervise and control all
plans, programs, projects and activities of the local
government relative to the promotion and maintenance of
peace and order and the protection of life, liberty and
Property;

(b) Secure the general public and maintain public order in
conjunction with the police and other national law

enforcement agencies;



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(c) Augment auxiliary traffic services and support other agencies
tasked to enforce traffic management;

(d) Issue temporary terminal permits to public utility vehicles
and manage public utility terminals;

(e) Monitor and supervise private security agencies and security
guards and issue their security clearances and business or
work permits;

() Issue traffic clearance certificates to _ business
establishments;

(g) Clear sidewalks, public parks and other public areas of
obstructions such as unauthorized structures or fixtures and
unlicensed vendors;

(h) Organize plans for and undertake evacuation, rescue and
relief operations in times of disasters, calamities and civil
disturbances; and

i) Establish, maintain and operate a central command and
control center and emergency response and management
system that will monitor and respond to various
contingencies in which emergency resources of the

government are required by the constituents.

Accordingly, existing departments within the local
government units whose primary functions are those enumerated
above are hereby integrated and included within the DPS. The DPS
may assume additional functions other than those enumerated above
and may absorb other offices or agencies within the local government
unit as long as the functions or offices are in relation to public order,
safety and security and the protection of life, liberty or property,
unless an existing law expressly prohibits the same.

SEC. 5. Funding. - The amount necessary for the initial
implementation of this Act shall be charged against the current
appropriations of the local government units. Thereafter, such sum as


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may be necessary for continued implementation shall be included in
the annual budget of the local government unit.

SEC. 6. Compliance Period. - The local government units
shall comply within one (1) year from the effectivity of this Act. Within
thirty (80) days from compliance, the governor, city or municipal
mayor shall report the same to the Secretary of the Interior and Local
Government.

SEC 7. Separability Clause. - If any provision of this Act is
declared unconstitutional or otherwise invalid, the validity of the other
provisions shall not be affected thereby.

SEC 8. Repealing Clause. - All laws, decrees, orders, rules
and regulations or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.

SEC 9. Effectivity. — This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette or in a newspaper
of general circulation.

Approved,