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RECEIVE! ie
ome? JUL 2013

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

685

HOUSE BILLNO. —" ~

Introduced by: Honorable George P. Amaiz

EXPLANATORY NOTE

Republic Act No. 7160 as amended, otherwise known as the Local Government
Code of 1991 explicitly devolves gargantuan powers and responsibilities to local
govemment units in pursuance with the decentralization policy enshrined in the
Constitution. However, there are certain powers which should have been devolved to
local govemments but are still retained by the national government like the jurisdiction
cover the filing of administrative complaints erring local elective officials.

In all cases, a component city is within the administrative and disciplinary jurisdiction
of the province where it is geographically located. For which reason, Section 63 of the
Local Government Code of 1991 empowers the governor to impose preventive
suspension if the respondent is an elective official of a component city or municipality.
However, Section 61 of the Code provides a contradictory instance as it requires the filing
of administrative complaints against ering local elective officials of component cities
before the Office of the President.

This bill therefore seeks to rectify this matter by transferring the jurisdiction for filing
administrative complaint against erring local elective officials of a component city from
the Office of the President to the Sangguniang Panlalawigan to provide consistency to
the purpose, letter and spirit of the Local Government Code of 1991.

In view of the foregoing, the approval of is earnestly sought.

ZORGE P. ARNAIZ
Representative
24 District, Oriental Negros


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House BILLNO._685

Introduced by: Honorable George P. Arnaiz

AN ACT
TRANSFERRING THE JURISDICTION FOR FILING ADMINISTRATIVE COMPLAINT AGAINST
ERRING LOCAL ELECTIVE OFFICIAL OF A COMPONENT CITY TO THE SANGGUNIANG
PANLALAWIGAN AMENDING FOR THE PURPOSE SECTION 61 OF REPUBLIC ACT NO. 7160 AS
AMENDED 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 61 of Republic Act No. 7160, as amended otherwise known as
the Local Government Code is hereby amended to read as follows:

“Section 61. Form and Filing of Administrative Complaints. — A verified complaint
against any erring local elective official shall be prepared as follows:

(a)A complaint against any elective official of a province, a highly urbanized city
OR an independent component city [ or component city] shall be filed before
the Office of the President;

(b)A complaint against any elective official of a municipality of COMPONENT CITY
shall be filed before the Sangguniang Panlalawigan whose decision may be
appealed to the Office of the President, and

(c)A complaint against any elective barangay official shall be filed before the
Sangguniang Panlungsod or Sangguniang Bayan concemed whose decision
shall be final and executor.”

SECTION 2. All laws, decrees, executive orders, proclamations, rules and regulations,
or parts thereof inconsistent therewith are hereby repealed, amended or modified
accordingly.

SECTION 3. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any newspaper of general circulation.

Approved,