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

Second Regular Session

4945

House Bill No.

Introduced by Representative Guillermo A. Romarate, Jr.

EXPLANATORY NOTE

The Local Government Code enunciates the policy of the State
to bestow genuine and meaningful local autonomy for the territorial
and political subdivisions of the State. The thrust is to empower the
local government units to attain their fullest development as self-
reliant communities and in the process to make them more effective
pariners in the attainment of national goals. Toward this end, the
State shall provide for a more responsive and accountable local
government structure instituted through a system of decentralization
whereby local government units shall be given more powers,
authority, responsibilities, and resources. The process of
decentralization shall proceed from the national government to the
local govemment units.!

This bill proposes to amend Section 470 and 471 of the Local
Govemment Code providing for the appointment, qualifications,
powers and duties of the Provincial, City or Municipal Treasurer and
the Assistant Treasurer. This measure proposes that the appointment of
the Provincial, City and Municipal Treasurer and Assistant Treasurer be
vested to the Govemor of the Province, or the City or Municipal
Mayor concemed. It will allow direct supervision and accountabllity of
the Treasurers and their Assistant Treasurers to the Governor of the
Province, or the City or Municipal Mayor concemed.

1 Section 2(a}, Local Government Code.


From a legal standpoint, this measure is more consistent with the
concept of local autonomy and the system of deceniralization as
both provided by the Constitution and the Local Government Code.

From political and administrative standpoints, it is more
appropriate that such power of appointment be vested upon the
Governor of the Province, or the Cify or Municipal Mayor concemed
because the local chief executives are in the best position to assess
and continuously examine ihe merit and fitness of the appointed
local treasurers.

It must be stressed as well that the local treasurers are paid
wholly from local government funds. For this reason, the power to
discipline, suspend or dismiss the treasurer should be reposed to the
local government executives and not to the Secretary of Finance. As
it stands now, the Local Government Code prevents the Governor of
the Province, or the City or Municipal Mayor concerned from
exercising disciplinary powers over the local treasurers. This is clearly in
itself an anomaly.

Immediate passage of this bill is therefore earnestly requeste:



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila:
SIXTEENTH CONGRESS
Second Regular Session

House Bill No.__ 4945

introduced by Representative Guillermo A. Romarate, Jr.

AN ACT
AMENDING TITLE V, SECTION 470 (A), (8) AND SECTION 471 (A) OF RA
7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF1991

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

Section |. Section 470 (A) of RA 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as
follows:

Section 470. Appointment, Qualifications, Powers, and
Duties. — (a) The Treasurer shall be appointed by the
GOVERNOR OF THE PROVINCE, OR THE CITY OR
MUNICIPAL MAYOR CONCERNED, AS THE CASE MAY BE,
subject to civil service law, rules and regulations.

Section 2. Section 470 (B) of RA 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as
follows:

Section 470. (b) The treasurer shall be under the DIRECT
CONTROL AND SUPERVISION of the governor or mayor, as the
case may be, to whom he shall report regularly on the tax
collection efforts in the local government unit.


Section 3. Section 471 (A) of RA 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as
follows:

Section 471. Assistant Treasurer. - (a) An assistant treasurer may
be appointed by the GOVERNOR OF THE PROVINCE, OR THE
CITY OR MUNICIPAL MAYDR CONCERNED, AS THE CASE MAY BE,
subject to civil service law, rules and regulations.

Section 4. Repealing Clause. All laws, rules and regulations,
decrees, issuance or any part or parts thereof inconsistent with this Act
are hereby repealed, modified or amended accordingly.

Section 5. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected hereby
shall remain valid and subsisting.

Section 6. Effectivity Clause. This Act shall take effect 15 days
after its complete publication in the Official Gazette or in at least two
(2) newspapers of general circulation, whichever comes fist.

Approved,