Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

Bt ene

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 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 make obscure the meaning not only of the provision but of the
Jaw 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, similar controversy that may arise in the future will be avoided .!

H. HARRY L ROQUE JR.

‘ This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress,
‘Third Regular Session.

2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Seventeenth Congress
First Regular Session

OE

Introduced by Representative H. Harry L. Rogue 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:
SECTION 1. Section 99, paragraph (d) of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, 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—Sperts], 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 schoo! 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 concemed.

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."

SECTION 2. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved,