Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

-
HOUSE BILL NO. 51

Introduced by: HON. EMILIO C. MACTAS I

EXPLANATORY NOTE

This bill seeks 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 beclouden 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 DECS. 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.

It is therefore, the intention of this bill to give a crystal clear meaning to 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, similar controversy that may arise in the future will be
avoided. It must be emphasized that in every undertaking TEAMWORK is an essential
clement of success

This bill was already approved by the House of Representatives during the
Eleventh Congress. However, due to intervening political events brought about by the
impeachment trial, the Senate failed to act on this important legislative measure.

In view of the foregoing, the ‘this bill is earnestly sought.

EMILIO C. MACIAS Il M.D.
Representative
econd District, Negros Oriental


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

HOUSE BILL Nt

Introduced by: HON. EMILIO C. MACIAS I

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 (4) 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:

SECTION 1. Section 99, paragraph (d) of Republic Act No. 7160 is hereby
amended to read as follows:

“SECTION 99, Functions of Local School Board. —
The provincial, city or municipal school board shall:

(a) Determine, in accordance with criteria set by the
Department of Education, Culture and Sports, the annual
supplementary budgetary needs for the operation and
maintenance of public schools within the province, city or
municipality, as the case may be, and the supplementary local
cost of meeting such needs, which shall be reflected in the form
of an annual school board budget corresponding to its share of
the proceeds of the special levy on real property constituting
the Special Education Fund and such other sources of revenue
as this Code and other laws or ordinance may provide.

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

(c) Serve as an advisory committee to the sanggunian
concemed on educational matters such as but not limited to, the
necessity for the use of local appropriations for educational
Purposes; and


(d) Recommend changes in the names of public schools
within the territorial jurisdiction of local government unit for
the enactment of the sanggunian concerned

‘The Department of Education (DepEd) shall [consult]
SEEK THE CONCURRENCE OF the local school board on
the appointment OR ASSIGNMENT of division
superintendents, district supervisors, school principals, and
other school officials.”

SEC. 2. This Act shall take effect upon approval.

Approved,