HOUSE TF REPRESENTATIVES:
RECEIVED
SEVENTEENTH CONGRESS OF THE REPUBLIC ) 15 AUG 2016
OF THE PHILIPPINES ) DATE,
First Regular Session )

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BY:

REGISTRATION UNIT
‘AND INDEX SERVICE

HOUSE OF REPRESENTATIVES
H.B.No.2920

Introduced by Representative H. Harry L, Roque Jr.

AN ACT
REQUIRING THE CONCURRENCE OF THE LOCAL SCHOOL BOARD ON THE
ASSIGNMENT OF DIVISION SUPERINTENDENTS, DISTRICT SUPERVISORS,
SCHOOL PRINCIPALS, AND OTHER SCHOOL OFFICIALS AMENDING FOR THE
PURPOSE SECTION 99, PARAGRAPH (D) OF REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

EXPLANATORY NOTE

This bill secks to require the concurrence of the local school board on the
assignment of division superintendents, district supervisors, school principals and other
school officials to a particular local government unit. The primary objective is to delete
the words which make obscure the meaning not only of the provision but of the law itself.

Section 99 of the Local Government Code mandates the Department of Education
(DepEd) to consult the local school board pertaining to the appointment of the
aforementioned officials. This ambiguous provision has triggered a legal controversy
involving the Province of Negros Oriental and an appointee of the DepEd. Unfortunately,
the lower court interpreted the phrase "shall consult" to mean merely to inform or to
notify as it was not expressed in a mandatory language. Apparently, the lower court gave

weight to the “letter that killeth" and not "to the spirit that giveth life." Certainly, when


the framers of the Local Government Code bestowed upon the local government units
powers and responsibilities, their noble intention was to cloth them with broad authority
to decide and have a final say on matters within the ambit of their respective jurisdiction.
‘This is precisely the essence of the decentralization policy of the government.

‘Thus, this bill seeks to clarify the meaning of this ambiguous provision so as to
remove the various interpretations on the subject provision which caused some irritants

among local officials and the DepEd appointee. With the enactment of this bill into law,

Hwy

H. HARRY L. ROQUE JR.

similar controversy that may arise in the future will be avoided."

* This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress, Third

Regular Session

2


SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

I 10USE OF RFEBG BO ATV ES

Introduced by Representative H. Harry L. Roque Jr

AN ACT
REQUIRING THE CONCURRENCE OF THE LOCAL SCHOOL BOARD ON THE.
ASSIGNMENT OF DIVISION SUPERINTENDENTS, DISTRICT SUPERVISORS,
SCHOOL PRINCIPALS, AND OTHER SCHOOL OFFICIALS AMENDING FOR THE
PURPOSE SECTION 99, PARAGRAPH (D) OF REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

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

I SECTION 1. Section 99, paragraph (d) of Republic Act No. 7160, otherwise

2 knownas the Local Government Code of 1991, is hereby amended to read as follows:

3 "SECTION 99. Functions of Local School Board. - The
4 provincial, city or municipal school board shall

5 a) Determine, in accordance with criteria set by the Department of
6 Education [,Culture—and—Sports], the annual supplementary
v1 budgetary needs for the operation and maintenance of public schools
8 within the province, city or municipality, as the case may be, and the
9 supplementary local cost of meeting such needs, which shall be

10 reflected in the form of an annual school board budget

1


1 corresponding to its share of the proceeds of the special levy on real

2 property constituting the Special Education Fund and such other
3 sources of revenue as this Code and other laws or ordinance may
4 provide;

5 b) Authorize the provincial, city or municipal treasurer, as the case may
6 be, to disburse funds from the Special Education Fund pursuant to
i the budget prepared in accordance with existing rules and
8 regulations;

9 c) Serve as an advisory committee to the sanggunian concerned on

10 educational matters such as but not limited to, the necessity for the

ul use of local appropriations for educational purposes; and

2 d) Recommend changes in the names of public schools within the

1B territorial jurisdiction of local government unit for the enactment of

4 the sanggunian concerned.

Is The Department of Education (DepEd) shall [consult] SEEK

16 THE CONCURRENCE OF the local school board on the

7 appointment OR ASSIGNMENT of division superintendents,

18 district supervisors, school principals, and other school officials."

19 SECTION 2. Effectivity Clause. — This Act shall take effect fifteen (15) days after

20 _ its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

i