Fifteenth Congress
First Regular Session

1
HOUSE BILL NO. 2301

Introduced by Honorable Godofredo V. Arquiza

EXPLANATORY NOTE

This bill seeks to create a Sheriff's Office in Metro Manila and the
rural areas and provinces which will be under the direction and control of
the Department of Justice. The Sheriff's Office will provide a full range of
law enforcement services, including patrol, traffic and investigative
services.

Section 9, Article II of the 1987 Constitution states:

“The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.”

We recognize that in the United States, a sheriff, is the highest law
enforcement officer of a county and commander of militia in that county. In
some states, the sheriff is officially titled “High Sheriff’, although the title is
very rarely actually used. In some parts of the United States, sheriffs are
usually elected. The political election of a person to serve as a police leader
is an almost uniquely American tradition.

In principle, a sheriff is a legal official with responsibility for a
county. In practice, the specific combination of legal, political and
ceremonial duties of a sheriff varies greatly from country to country. In
some counties, the sheriff is usually responsible for the custody and care of
the county courthouse and the jail, attends upon courts of record in serving
Process, and often has the power to summon jurors. As an officer of the


court, a sheriff is subject to a court's orders and direction. Sheriffs also have
the power to serve processes, including summons, subpoenas, orders,
resolutions and final decisions and judgment. He may also be responsible
for civil defense, emergency disaster service, rescue service or emergency
management. Many sheriffs’ offices also perform routine patrol functions
such as traffic control, accident investigations, and transportation of
prisoners. Larger departments may perform criminal investigations or
engage in other specialized law enforcement activities. Some unusually
large sheriffs’ offices may have an air patrol (including fixed-wing aircraft
or helicopters), a mounted patrol or a marine patrol at their disposal.

In the Philippines, the sheriff's role is to serve court processes who
executes all writs returnable to court. A sheriff must execute process
without attempting to determine its validity. A court will not direct or
advise a sheriff as to the manner of executing process, but he has a duty to
effect service promptly, respectfully, and without unnecessary violence. A
sheriff must exercise due diligence but need not expend all possible efforts
in effecting service.

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

GODOFREDO V. ARQUIZA


Fifteenth Congress
First Regular Session

HOUSE BILLNO._2301

Introduced by Honorable Godofredo V. Arquiza

AN ACT CREATING AND PROFESSIONALIZING SHERIFF'S OFFICE
IN EVERY CITY AND MUNICIPALITY

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

SECTION 1. Short Title. - This Act shall be known as the “An
Act Creating and Professionalizing a Sheriff's Office in every
City and Municipality.”

SECTION 2. Declaration of Policy.- Section 9, Article II of the
1987 Constitution states:

“The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.”

Consonant with these constitutional principle, the following are
the declared policies of this Act:

(a) To recognize the rights of the all citizens to be further
assisted by more law enforcement agencies;

(b) To create and professionalize SHERIFF'S OFFICE in
every city and municipality, headed by a SHERIFF who
will monitor, investigate, and file complaints in behalf of
the Filipino Citizens;


(c) To recognize the vital role of the Department of
Justice and the Local Government Units in the welfare of
the Filipino citizens and to actively seek their
partnership;

In accordance with these policies, this Act aims to:

(1) create and professionalize SHERIFF'S OFFICE
which will help in civil defense, emergency disaster
service, rescue service or traffic control and
accident investigations in every cily and
municipality which will adopt measures to monitor
and investigate all complaints of Filipino citizens;

(2) file complaints with the Department of Justice
and the Metropolitan Trial Courts;

SECTION 3. Definition of Terms. - For purposes of this Act,
these terms are defined as follows:

(A) "Sheriff" is a contraction of the term "shire reeve".
The term, from the Old English scirgerefa, designated a
royal official responsible for keeping the peace (a
“reeve") throughout a shire or county on behalf of the
king. The term was preserved in England
notwithstanding the Norman Conquest. From the Anglo-
Saxon kingdoms the term spread to several other
countries, at an early point to Scotland, latterly to Ireland
and the United States.

(B) “Local Government unit " shall mean - as defined in
the Local Government Code, as amended.

SECTION 4. SHERIFF ’s Office. - There shall be a Sheriff's office,
headed by the Sheriff, appointed by the Department of Justice,
which will strictly monitor, investigate

SECTION 5. Qualifications of a Sheriff. - To become a Sheriff,
he/she must be:

a) a Filipino citizen, 21 years old and above;

b) must have graduated any four-4 year college course;


c) with no derogatory criminal or administrative record;
d) physically and psychologically fit; and

c) a person of proven integrity and honesty;

SECTION 6. Requirements after appointment. - Upon
satisfying the qualifications under Section 5 hereof, the
appointed Sheriff shall take an oath of office and post a bond in
an amount to be determined by the Secretary of Justice to
ensure the faithful performance of the duties of the office. The
corresponding compensation shall consist of a fixed salary, to
be determined by the Secretary of Justice.

SECTION 7. Government Assistance. ~ The Government shall
provide the following:

The Department of Justice, in coordination with Local
Government Units (LGUs) and Department of Interior
and Local Government, shall institute a program in
pursuance of the objectives of this Act.

The Local Government Units shall have the following
functions:

(a) To plan, implement and monitor yearly programs in
pursuance of the objectives of this Act;

(b) To maintain and regularly update, on a quarterly
basis, the steps taken by the appointed SHERIFF;

(c) To serve as a General Information and Liaison Center
to fully implement this Act; and

(d) To assist the Filipino citizens in filing complaints or
charges against erring Sheriffs who refuse to comply
with their duties before the Department of Justice or the
city or municipal trial court.

SECTION 8. Department of Justice Responsibility. - It shall
be the responsibility of the Department of Justice to
prominently display posters, stickers, and other notices that
will generate public awareness of the rights and privileges of


the Filipino citizens, to ensure that the provisions of this Act
are implemented to its fullest.

SECTION 9. Partnership of the National and Local
Government Units. - The national government and local
government units shall undertake to ensure the
implementation of this Act in their respective territorial
jurisdictions.

SECTION 10. Implementing Rules and Regulations. - The
Secretary of Justice, within ninety (90) days from the approval
of this Act, shall promulgate the implementing, rules and
regulations for the effective implementation of the provisions
of this Act in consultation and coordination with the
Department of Interior and Local Government.

SECTION 11. Appropriation. - The necessary appropriation
for the operation of this Act shall be appropriated and
approved by the Department of Justice to carry out the
provisions of this Act upon its effectivity shall be charged out of
the funds of the Office of the President. Thereafter, any such
sum as shall be needed for the regular implementation of this
Act shall be included in subsequent General Appropriations Act
following its enactment into law.

Section 12. Effectivity. - This Act shall take effect within fifteen
(15) days after publication in the Official Gazette or in two (2)
national newspapers of general circulation.

Approved,

GODGQFREDO V. ARQUIZA