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Republic of the Philippines REC FIVE Ra <\
HOUSE OF REPRESENTATIVES uate’ 5
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EIGHTEENTH CONGRESS wer; fia os
Second Regular Session sy
House BILL no, 7928

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

This proposed measure seeks to amend the Section 18, Book VII, Chapter 3 of the Administrative
Code of the Philippine to provide that a license should not expire, given that the licensee has
made timely and sufficient application for the renewal of a license or franchise until finally
determined by the relevant department, agency or branch of government. This measure also
amends the provision for non-expiration to also include franchises. In addition, it also specifically
provides that inaction on a pending application must not be considered a denial of the application.

This amendment effectively compels issuing authority to act on applications and prevent the
unnecessary cease of operations of an enterprise due to the inaction of the issuing agency. This
Representation fully recognizes the that the right to amend, alter or repeal franchises are
inherently reserved to the legislative, as provided in the Constitution. Considering that, this
proposed measure does not intend to encroach or violate the Congressional power as regards
franchises, it merely encourages concerned agencies or branches of government to act on
applications for renewal of franchises and licenses promptly and resolutely.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

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RI ae fide
District, Parafiaque Cit

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Za? RE SERS



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7923

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
AMENDING SECTION 18, BOOK VII, CHAPTER 3 OF THE ADMINISTRATIVE CODE OF
THE PHILIPPINES

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

SECTION 1. Section 18, Book VII, Chapter 3 of Executive Order No. 292, is hereby amended to
read as follows:

“SECTION 18. Non-expiration of License OR FRANCHISE. - [ANY-PROVISION-OF
tAWG THE PROVISIONS OF SECTION 1 HEREOF AND ANY OTHER
PROVISION OF THIS CODE AND OTHER LAWS TO THE CONTRARY
NOTWITHSTANDING, where the ADMINISTRATIVE OR LEGISLATIVE
licensee OR FRANCHISEE has made timely and sufficient application for the
renewal of a license OR FRANCHISE with reference to any activity of a continuing
nature, the existing license OR FRANCHISE shall not expire until the application
shall have been finally determined by the agency, DEPARTMENT, OR BRANCH
OF GOVERNMENT AUTHORIZED TO GRANT THE LICENSE OR
FRANCHISE.

THERE IS FINAL DETERMINATION WHEN AN APPLICANT IS GIVEN
WRITTEN NOTICE OF APPROVAL OR DENIAL OF ITS APPLICATION FOR
RENEWAL. INACTION ON A PENDING APPLICATION SHALL NOT BE
CONSIDERED A DENIAL THEREOF: PROVIDED, THAT, AN APPLICATION
FOR RENEWAL OF A LEGISLATIVE FRANCHISE IS IPSO FACTO DENIED
WHEN A CONGRESS ADJOURNS SINE DIE WITHOUT.HAVING APPROVED
‘THE APPLICATION.”

SEC. 2. Separability Clause. — If any provision of this Act is declared unconstitutional or invalid,
the provisions not affected thereby shall continue to be in full force and effect.

SEC. 3. Repealing Clause. ~ All laws, decrees, orders, rules and regulations inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.


SEC. 4. Effectivity. - This Act shall take effect upon its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,