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

FIFTEENTH CONGRESS
Third Regular Session

HOUSE BILL No, ©

Introduced by ; HON. GEORGE P. ARNAIZ

EXPLANATORY NOTE

Republic Act No. 7160 as amended. otherwise known as the Local Government
Code of 1991 explicitly devolves gargantuan powers and responsibilities (0 local
government units in pursuance with the decentralization policy enshrined in the
Constitution. However, there are verrain powers which should have been devolved to
local governments but are still retained by the national government like the jurisdiction
over the filing of administrative complaints against erring local elective officials

In all cases, a component city is within the administrative and disciplinary
jurisdiction of the province where it is geographically located. For which reason, Sec:ion
63 of the Local Government Code of 1991 empowers the governor to impose preventive
suspension ifthe respondent is_an elective official of a component city or municipaiity
However Section 61 of the Code provides a contradictory instance as it requires the filing

of administrative complaints against erring local elective officials of component cities
before the Office of the President

This bill therefore seeks to rectitiy this matter by transferring the jurisdiction tor
filing administrative complaint against erring local elective officials of a component city
from the Office of the President to the sangzuniang panlala wigan to provide consistency
to the purpose, letter and spirit of the [ocal Government Code of 199]

EORGE P. ARNAIZ
Cidirman
Committee on Local Government



Republic of the Philippines
MOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

FIFTEENTH CONGRESS
Third Regular Session

HOUSE BILL No.___ 6697

: HON, GEORGE P. ARNAIZ

AN ACT
TRANSFERRING THE JURISIDICTION FOR FILING ADMINISTRATIVE
COMPLAINT AGAINST ERRING LOCAL ELECTIVE OFFICIAL OF A
COMPONENT CIty TO THE SANGGUNIANG PANLALAWIGAN,
AMENDING FOR TA PURPOSE SECTION 61 OF REPUBLIC ACT No. 7160
AS AMENDED OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE
OF 1991

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

SECTION 1. Section 61 of Republic Act No 7160, as amended otherwise known
as the Local Goveramem Code is hereby amended to read as follows’

“SECTION 61. Form and Filing of Administrative Complaints. — A verified
complaint against any erring local elective olticial shalt be prepared as follows

(a) A complaint ayainst eny elective official of a province, a highly
urbanized city. OR an independem component city [or component
city] shall be filed betore the Office of the President;

(by A complaint against any elective official of a municipality OR
COMPONENT CITY shall be filed before the sangguaiang
panlalawigan whose decision may be appealed to the Office cf the
President, and

) A complaint against any elective barangay official shall be filed tefure
the sangguniang panlungsod or sangguniang bayan concemed whose
decision shall be final and executory.”

SEC. 2. All laws, decrees. executive orders, proclamations, rules and regulazions.
or parts thereof inconsistent therewith arc hereby repealed, amended or modified
accordingly

SEC, 3. This Act shail take effect fifteen (15) days after its publication in the

Official Gazette or in any newspaper o

neral circulation.

Approved.