j 
jifl1tdr 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
(ffl{f". 01 t~d*m.torq 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'10 
NOV 15 A9:27 
SEN~~ 
S. No. 
~\)91 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 1 states: 
Public office is a public trust. Public officers and employees must at all 
times be accountable to the people, serve them with utmost responsibility, 
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest 
lives. 
According to Section 52 of the Administrative Code, the duration of preventive 
suspension is equal to the period prescribed for deciding administrative disciplinary cases. If the 
case is decided before ninety days, then the suspension will last less than ninety days. However, 
if the case is not decided within ninety days, then the suspension may not exceed the maximum 
period of ninety days. The objective of preventive suspension is to prevent the accused from 
hampering the normal course of the investigation with his or her influence and authority over 
possible witnesses or to keep him or her off the records and other evidence, and to assist 
prosecutors in firming up a case against an erring local official. I 
However, a different rule applies to employees of local government units. According to 
Section 85 of the Local Government Code, local chief executives may preventively suspend for a 
period not exceeding sixty days any subordinate official or employee under his or her authority 
pending investigation. Upon expiration of the preventive suspension, the suspended official or 
employee shall be automatically reinstated in office without prejudice to the continuation of the 
administr~tive case against him or her. Section 86 of the same law, however, provides that the 
period for administrative investigation shall be within ninety days from the time the local 
government employee is formally notified of the charges. There is thus a need to harmonize 
I Ganzon v. Court of Appeals, 200 SeRA 271, 272 (1991). 
1 


• 
" ' 
these provisions, This bill seeks to equalize the duration of the preventive suspension with the 
duration of the period for administrative investigation under the Local Government Code to 
effectively serve the purpose of preventive suspension and to make it in consonance with the 
Administrative Code. 
2 


• 
" , 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
.~I?m!t(' 
(!9ff". of tll.''''.t.'~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'10 
NOV15 A9:27 
SENATE 
S,No, 2591 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT AMENDING SECTION 85, PARAGRAPH (A) OF REPUBLIC ACT NO. 7160, 
2 
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
3 
SECTION 1. Section 8S, paragraph (a) of Republic Act No. 7160 is hereby amended as 
4 
follows: 
S 
"Section 8S. Preventive Suspension of Appointive Local Officials and Employees. - (a) 
6 
The local chief executives may preventively suspend for a period not exceeding NINETY (90) 
7 
days any subordinate official or employee under his authority pending investigation if the charge 
8 
against such official or employee involves dishonesty, oppression or grave misconduct or neglect 
9 
in the performance of duty, or if there is reason to believe that the respondent is guilty of the 
10 
charges which would warrant his removal from the service," 
11 
SECTION 2, F;jfectivity Clause. - This Act shall take effect fifteen (1S) days after its 
12 
publication in at least two (2) newspapers of general circulation. 
Approved, 
2