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INTERGOVERNMENTAL RELATIONS NATIONAL GOVERNMENT AND

LOCAL GOVERNMENT UNITS


CHAPTER III
Intergovernmental Relations
ARTICLE I
National Government and Local Government Units
Section 25. National Supervision over Local Government Units. -
(a) Consistent with the basic policy on local autonomy, the President
shall exercise general supervision over local government units to
ensure that their acts are within the scope of their prescribed powers
and functions.
The President shall exercise supervisory authority directly over
provinces, highly urbanized cities, and independent component
cities; through the province with respect to component cities and
municipalities; and through the city and municipality with respect to
barangays.
(b) National agencies and offices with project implementation
functions shall coordinate with one another and with the local
government units concerned in the discharge of these functions.
They shall ensure the participation of local government units both in
the planning and implementation of said national projects.
(c) The President may, upon request of the local government unit
concerned, direct the appropriate national agency to provide
financial, technical, or other forms of assistance to the local
government unit. Such assistance shall be extended at no extra cost
to the local government unit concerned.
(d) National agencies and offices including government-owned or
controlled corporations with field units or branches in a province, city,
or municipality shall furnish the local chief executive concerned, for
his information and guidance, monthly reports including duly certified
budgetary allocations and expenditures.
Section 26. Duty of National Government Agencies in the Maintenance of
Ecological Balance. - It shall be the duty of every national agency or
government-owned or controlled corporation authorizing or involved in the
planning and implementation of any project or program that may cause
pollution, climatic change, depletion of non-renewable resources, loss of crop
land, rangeland, or forest cover, and extinction of animal or plant species, to
consult with the local government units, nongovernmental organizations, and
other sectors concerned and explain the goals and objectives of the project
or program, its impact upon the people and the community in terms of
environmental or ecological balance, and the measures that will be
undertaken to prevent or minimize the adverse effects thereof.
Section 27. Prior Consultations Required. - No project or program shall be
implemented by government authorities unless the consultations mentioned
in Sections 2 (c) and 26 hereof are complied with, and prior approval of the
sanggunian concerned is obtained: Provided, That occupants in areas where
such projects are to be implemented shall not be evicted unless appropriate
relocation sites have been provided, in accordance with the provisions of the
Constitution.

ARTICLE X
LOCAL GOVERNMENT

GENERAL PROVISIONS
Section 2. The territorial and political subdivisions shall enjoy local
autonomy.

Section 4. The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect to component
cities and municipalities, and cities and municipalities with respect to
component barangays, shall ensure that the acts of their component units
are within the scope of their prescribed powers and functions.
ARTICLE II
Relations with the Philippine National Police
Section 28. Powers of Local Chief Executives over the Units of the
Philippine National Police. - The extent of operational supervision and control
of local chief executives over the police force, fire protection unit, and jail
management personnel assigned in their respective jurisdictions shall be
governed by the provisions of Republic Act Numbered Sixty-nine hundred
seventy-five (R.A. No. 6975), otherwise known as "The Department of the
Interior and Local Government Act of 1990", and the rules and regulations
issued pursuant thereto.


ARTICLE III
Inter-Local Government Relations
Section 29. Provincial Relations with Component Cities and Municipalities. -
The province, through the governor, shall ensure that every component city
and municipality within its territorial jurisdiction acts within the scope of its
prescribed powers and functions. Highly urbanized cities and independent
component cities shall be independent of the province.
Section 30. Review of Executive Orders. -
(a) Except as otherwise provided under the Constitution and special
statutes, the governor shall review all executive orders promulgated
by the component city or municipal mayor within his jurisdiction. The
city or municipal mayor shall review all executive orders promulgated
by the punong barangay within his jurisdiction. Copies of such orders
shall be forwarded to the governor or the city or municipal mayor, as
the case may be, within three (3) days from their issuance. In all
instances of review, the local chief executive concerned shall ensure
that such executive orders are within the powers granted by law and
in conformity with provincial, city, or municipal ordinances.
(b) If the governor or the city or municipal mayor fails to act on said
executive orders within thirty (30) days after their submission, the
same shall be deemed consistent with law and therefore valid.
Section 31. Submission of Municipal Questions to the Provincial Legal
Officer or Prosecutor. - In the absence of a municipal legal officer, the
municipal government may secure the opinion of the provincial legal officer,
and in the absence of the latter, that of the provincial prosecutor on any legal
question affecting the municipality.
Section 32. City and Municipal Supervision over Their Respective
Barangays. - The city or municipality, through the city or municipal mayor
concerned, shall exercise general supervision over component barangays to
ensure that said barangays act within the scope of their prescribed powers
and functions.
Section 33. Cooperative Undertakings Among Local Government Units. -
Local government units may, through appropriate ordinances, group
themselves, consolidate, or coordinate their efforts, services, and resources
for purposes commonly beneficial to them. In support of such undertakings,
the local government units involved may, upon approval by the sanggunian
concerned after a public hearing conducted for the purpose, contribute funds,
real estate, equipment, and other kinds of property and appoint or assign
personnel under such terms and conditions as may be agreed upon by the
participating local units through Memoranda of Agreement.
CHAPTER IV
Relations With People's and Non-Governmental Organizations
Section 34. Role of People's and Non-governmental Organizations. - Local
government units shall promote the establishment and operation of people's
and non-governmental organizations to become active partners in the pursuit
of local autonomy.
Section 35. Linkages with People's and Non-governmental Organizations. -
Local government units may enter into joint ventures and such other
cooperative arrangements with people's and non-governmental organizations
to engage in the delivery of certain basic services, capability-building and
livelihood projects, and to develop local enterprises designed to improve
productivity and income, diversity agriculture, spur rural industrialization,
promote ecological balance, and enhance the economic and social well-
being of the people.
Section 36. Assistance to People's and Non-governmental Organizations. -
A local government unit may, through its local chief executive and with the
concurrence of the sanggunian concerned, provide assistance, financial or
otherwise, to such people's and non-governmental organizations for
economic, socially-oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.
CHAPTER V
Local Prequalification, Bids and Awards Committee
Section 37. Local Prequalification, Bids and Awards Committee (Local
PBAC). -
(a) There is hereby created a local prequalification, bids and awards
committee in every province, city, and municipality, which shall be
primarily responsible for the conduct of prequalification of
contractors, bidding, evaluation of bids, and the recommendation of
awards concerning local infrastructure projects. The governor or the
city or municipal mayor shall act as the chairman with the following
as members:
(1) The chairman of the appropriations committee of the
sanggunian concerned;
(2) A representative of the minority party in the sanggunian
concerned, if any, or if there be none, one (1) chosen by said
sanggunian from among its members;
(3) The local treasurer;
(4) Two (2) representatives of non-governmental
organizations that are represented in the local development
council concerned, to be chosen by the organizations
themselves; and
(5) Any practicing certified public accountant from the private
sector, to be designated by the local chapter of the
Philippine Institute of Certified Public Accountants, if any.
Representatives of the Commission on Audit shall observe
the proceedings of such committee and shall certify that the
rules and procedures for prequalification, bids and awards
have been complied with.
(b) The agenda and other information relevant to the meetings of
such committee shall be deliberated upon by the committee at least
one (1) week before the holding of such meetings.
(c) All meetings of the committee shall be held in the provincial
capitol or the city or municipal hall. The minutes of such meetings of
the committee and any decision made therein shall be duly recorded,
posted at a prominent place in the provincial capitol or the city or
municipal hall, and delivered by the most expedient means to
elective local officials concerned.
Section 38. Local Technical Committee. -
(a) There is hereby created a local technical committee in every
province, city and municipality to provide technical assistance to the
local prequalification, bids and awards committees. It shall be
composed of the provincial, city or municipal engineer, the local
planning and development coordinator, and such other officials
designated by the local prequalification, bids and awards committee.
(b) The chairman of the local technical committee shall be
designated by the local prequalification, bids and awards committee
and shall attend its meeting in order to present the reports and
recommendations of the local technical committee.





















Republic Act No. 8551 February 25, 1998
AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF
THE PHILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES,
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED
SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, "AN ACT
ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE-
ORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT, AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
TITLE I
TITLE AND DECLARATION OF POLICY
Section 1. Title. This Act shall be known as the "Philippine National Police
Reform and Reorganization Act of 1998".
Section 2. Declaration of Policy and Principles. It is hereby declared the
policy of the State to establish a highly efficient and competent police force
which is national in scope and civilian in character administered and
controlled by a national police commission.
The Philippine National Police (PNP) shall be a community and service
oriented agency responsible for the maintenance of peace and order and
public safety.
The PNP shall be so organized to ensure accountability and uprightness in
police exercise of discretion as well as to achieve efficiency and
effectiveness of its members and units in the performance of their functions.
TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS
Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 12. Relationship of the Department with the Department of
National Defense. The Department of the Interior and Local
Government shall be relieved of the primary responsibility on matters
involving the suppression of insurgency and other serious threats to
national security. The Philippine National Police shall, through
information gathering and performance of its ordinary police
functions, support the Armed Forces of the Philippines on matters
involving suppression of insurgency, except in cases where the
President shall call on the PNP to support the AFP in combat
operations.
"In times of national emergency, the PNP, the Bureau of Fire
Protection, and the Bureau of Jail Management and Penology shall,
upon the direction of the President, assist the armed forces in
meeting the national emergency."
TITLE III
THE NATIONAL POLICE COMMISSION
Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 13. Creation and Composition. A National Police
Commission, hereinafter referred to as the Commission, is hereby
created for the purpose of effectively discharging the functions
prescribed in the Constitution and provided in this Act. The
Commission shall be an agency attached to the Department for
policy and program coordination. It shall be composed of a
Chairperson, four (4) regular Commissioners, and the Chief of PNP
as ex-officio member. Three (3) of the regular commissioners shall
come from the civilian sector who are neither active nor former
members of the police or military, one (1) of whom shall be
designated as vice chairperson by the President. The fourth regular
commissioner shall come from the law enforcement sector either
active or retired: Provided, That an active member of a law
enforcement agency shall be considered resigned from said agency
once appointed to the Commission: Provided, further, That at least
one (1) of the Commissioners shall be a woman. The Secretary of
the Department shall be the ex-officio Chairperson of the
Commission, while the Vice Chairperson shall act as the executive
officer of the Commission."
Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 14. Powers and Functions of the Commission. The
Commission shall exercise the following powers and functions:
"(a) Exercise administrative control and operational
supervision over the Philippine National Police which shall
mean the power to:
"1) Develop policies and promulgate a police manual
prescribing rules and regulations for efficient
organization, administration, and operation,
including criteria for manpower allocation,
distribution and deployment, recruitment, selection,
promotion, and retirement of personnel and the
conduct of qualifying entrance and promotional
examinations for uniformed members;
"2) Examine and audit, and thereafter establish the
standards for such purposes on a continuing basis,
the performance, activities, and facilities of all police
agencies throughout the country;
"3) Establish a system of uniform crime reporting;
"4) Conduct an annual self-report survey and
compile statistical data for the accurate assessment
of the crime situation and the proper evaluation of
the efficiency and effectiveness of all police units in
the country;
"5) Approve or modify plans and programs on
education and training, logistical requirements,
communications, records, information systems,
crime laboratory, crime prevention and crime
reporting;
"6) Affirm, reverse or modify, through the National
Appellate Board, personnel disciplinary actions
involving demotion or dismissal from the service
imposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;
"7) Exercise appellate jurisdiction through the
regional appellate boards over administrative cases
against policemen and over decisions on claims for
police benefits;
"8) Prescribe minimum standards for arms,
equipment, and uniforms and, after consultation with
the Philippine Heraldry Commission, for insignia of
ranks, awards, and medals of honor. Within ninety
(90) days from the effectivity of this Act, the
standards of the uniformed personnel of the PNP
must be revised which should be clearly distinct from
the military and reflective of the civilian character of
the police;
"9) Issue subpoena and subpoena duces tecum in
matters pertaining to the discharge of its own
powers and duties, and designate who among its
personnel can issue such processes and administer
oaths in connection therewith;
"10) Inspect and assess the compliance of the PNP
on the established criteria for manpower allocation,
distribution, and deployment and their impact on the
community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of
resources and effective utilization of the PNP
personnel;
"11) Monitor the performance of the local chief
executives as deputies of the Commission; and
"12) Monitor and investigate police anomalies and
irregularities.
"b) Advise the President on all matters involving police
functions and administration;
"c) Render to the President and to the Congress an annual
report on its activities and accomplishments during the thirty
(30) days after the end of the calendar year, which shall
include an appraisal of the conditions obtaining in the
organization and administration of police agencies in the
municipalities, cities and provinces throughout the country,
and recommendations for appropriate remedial legislation;
"d) Recommend to the President, through the Secretary,
within sixty (60) days before the commencement of each
calendar year, a crime prevention program; and
"e) Perform such other functions necessary to carry out the
provisions of this Act and as the President may direct."
Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 15. Qualifications. No person shall be appointed regular
member of the Commission unless:
"(a) He or she is a citizen of the Philippines;
"(b) A member of the Philippine Bar with at least five (5)
years experience in handling criminal or human rights cases
or a holder of a master's degree but preferably a doctorate
degree in public administration, sociology, criminology,
criminal justice, law enforcement, and other related
disciplines; and
"(c) The regular member coming from the law enforcement
sector should have practical experience in law enforcement
work for at least five (5) years while the three (3) other
regular commissioners must have done extensive research
work or projects on law enforcement, criminology or criminal
justice or members of a duly registered non-government
organization involved in the promotion of peace and order."
Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 16. Term of Office. The four (4) regular and full-time
Commissioners shall be appointed by the President for a term of six
(6) years without re-appointment or extension."
Section 8. Expiration of the Terms of Office of Current Commissioners.
Upon the effectivity of this Act the terms of office of the current
Commissioners are deemed expired which shall constitute a bar to their
reappointment or an extension of their terms in the Commission except for
current Commissioners who have served less than two (2) years of their
terms of office who may be appointed by the President for a maximum term
of two (2) years.
Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 17. Temporary or Permanent Incapacity of the Chairperson.
In case of absence due to the temporary incapacity of the
chairperson, the Vice chair shall serve as Chairperson until the
Chairperson is present or regains capacity to serve. In case of death
or permanent incapacity or disqualification of the chairperson, the
acting chairperson shall also act as such until a new chairperson
shall have been appointed by the President and qualified."
Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 20. Organizational Structure. The Commission shall consist
of the following units:
"(a) Commission Proper. This is composed of the offices of
the Chairman and four (4) Commissioners.
"(b) Staff Services. The staff services of the Commission
shall be as follows:
"(1) The Planning and Research Service, which shall
provide technical services to the Commission in
areas of overall policy formulation, strategic and
operational planning, management systems or
procedures, evaluation and monitoring of the
Commission's programs, projects and internal
operations; and shall conduct thorough research and
analysis on social and economic conditions affecting
peace and order in the country;
"(2) The Legal Affairs Service, which shall provide
the Commission with efficient and effective service
as legal counsel of the Commission; draft or study
contracts affecting the Commission and submit
appropriate recommendations pertaining thereto;
and render legal opinions arising from the
administration and operation of the Philippine
National Police and the Commission;
"(3) The Crime Prevention and Coordination Service,
which shall undertake criminological researches and
studies; formulate a national crime prevention plan;
develop a crime prevention and information program
and provide editorial direction for all criminology
research and crime prevention publications;
"(4) The Personnel and Administrative Service,
which shall perform personnel functions for the
Commission, administer the entrance and
promotional examinations for policemen, provide the
necessary services relating to records,
correspondence, supplies, property and equipment,
security and general services, and the maintenance
and utilization of facilities, and provide services
relating to manpower, career planning and
development, personnel transactions and employee
welfare;
"(5) The Inspection, Monitoring and Investigation
Service, which shall conduct continuous inspection
and management audit of personnel, facilities and
operations at all levels of command of the PNP,
monitor the implementation of the Commission's
programs and projects relative to law enforcement;
and monitor and investigate police anomalies and
irregularities;
"(6) The Installations and Logistics Service, which
shall review the Commission's plans and programs
and formulate policies and procedures regarding
acquisition, inventory, control, distribution,
maintenance and disposal of supplies and shall
oversee the implementation of programs on
transportation facilities and installations and the
procurement and maintenance of supplies and
equipment; and
"(7) The Financial Service, which shall provide the
Commission with staff advice and assistance on
budgetary and financial matters, including the
overseeing of the processing and disbursement of
funds pertaining to the scholarship program and
surviving children of deceased and/or permanently
incapacitated PNP personnel.
"(c) Disciplinary Appellate Boards The Commission shall
establish a formal administrative disciplinary appellate
machinery consisting of the National Appellate Board and
the regional appellate boards.
"The National Appellate Board shall decide cases on appeal from
decisions rendered by the PNP chief, while the regional appellate
boards shall decide cases on appeal from decisions rendered by
officers other than the PNP chief, the mayor, and the People's Law
Enforcement Board (PLEB) created hereunder."
Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 22. Qualifications of Regional Directors. No person shall be
appointed regional director unless:
"(a) He or she is a citizen of the Philippines; and
"(b) A holder of a master's degree and appropriate civil service
eligibility."
Section 12. Qualifications Upgrading Program. The Commission shall
design and establish a qualifications upgrading program for the members of
the Commission in coordination with the Civil Service Commission, the
Department of Education, Culture and Sports and the Commission on Higher
Education through a distance education program and/or an in-service
education program or similar programs within ninety (90) days from the
effectivity of this Act: Provided, That those who are already in the service
from the effectivity of this Act shall have five (5) years to obtain the required
degree or qualification counted from the implementation of the qualifications
upgrading program.
TITLE IV
THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION
Section 13. Authority of the Commission to Reorganize the PNP.
Notwithstanding the provisions of Republic Act No. 6975 on the
organizational structure and rank classification of the PNP, the Commission
shall conduct a management audit, and prepare and submit to Congress a
proposed reorganization plan of the PNP not later than December 31, 1998,
subject to the limitations provided under this Act and based on the following
criteria: a) increased police visibility through dispersal of personnel from the
headquarters to the field offices and by the appointment and assignment of
non-uniformed personnel to positions which are purely administrative,
technical, clerical or menial in nature and other positions which are not
actually and directly related to police operation; and b) efficient and optimized
delivery of police services to the communities.
The PNP reorganization program shall be approved by Congress through a
joint resolution.
B. QUALIFICATIONS UPGRADING
Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 30. General Qualifications for Appointment. No person shall
be appointed as officer or member of the PNP unless he or she
possesses the following minimum qualifications:
"a) A citizen of the Philippines;
"b) A person of good moral conduct;
"c) Must have passed the psychiatric/psychological, drug
and physical tests to be administered by the PNP or by any
NAPOLCOM accredited government hospital for the purpose
of determining physical and mental health;
"d) Must possess a formal baccalaureate degree from a
recognized institution of learning;
"e) Must be eligible in accordance with the standards set by
the Commission;
"f) Must not have been dishonorably discharged from military
employment or dismissed for cause from any civilian position
in the Government;
"g) Must not have been convicted by final judgment of an
offense or crime involving moral turpitude;
"h) Must be at least one meter and sixty-two centimeters
(1.62 m.) in height for male and one meter and fifty-seven
centimeters (1.57 m.) for female;
"i) Must weigh not more or less than five kilograms (5 kgs.)
from the standard weight corresponding to his or her height,
age, and sex; and
"j) For a new applicant, must not be less than twenty-one
(21) nor more than thirty (30) years of age: except for the
last qualification, the above-enumerated qualifications shall
be continuing in character and an absence of any one of
them at any given time shall be a ground for separation or
retirement from the service: Provided, That PNP members
who are already in the service upon the effectivity of this Act
shall be given at least two (2) more years to obtain the
minimum educational qualification and one (1) year to satisfy
the weight requirement.
"For the purpose of determining compliance with the requirements on
physical and mental health, as well as the non-use of prohibited
drugs, the PNP by itself or through a NAPOLCOM accredited
government hospital shall conduct regular psychiatric, psychological
drug and physical tests randomly and without notice.
"After the lapse of the time period for the satisfaction of a specific
requirement, current members of the PNP who will fail to satisfy any
of the requirements enumerated under this Section shall be
separated from the service if they are below fifty (50) years of age
and have served in Government for less than twenty (20) years or
retired if they are from the age of fifty (50) and above and have
served the Government for at least twenty (20) years without
prejudice in either case to the payment of benefits they may be
entitled to under existing laws."
Section 15. Waivers for Initial Appointments to the PNP. The age,
height, weight, and educational requirements for initial appointment to the
PNP may be waived only when the number of qualified applicants fall below
the minimum annual quota: Provided, That an applicant shall not be below
twenty (20) nor over thirty-five (35) years of age: Provided, further, That any
applicant not meeting the weight requirement shall be given reasonable time
but not exceeding six (6) months within which to comply with the said
requirement: Provided, furthermore, That only applicants who have finished
second year college or have earned at least seventy-two (72) collegiate units
leading to a bachelor's decree shall be eligible for appointment: Provided,
furthermore, That anybody who will enter the service without a baccalaureate
degree shall be given a maximum of four (4) years to obtain the required
educational qualification: Provided, finally, That a waiver for height
requirement shall be automatically granted to applicants belonging to the
cultural communities.
Section 16. Selection Criteria Under the Waiver Program. The selection
of applicants under the Waiver Program shall be subject to the following
minimum criteria:
a) Applicants who possess the least disqualification shall take
precedence over those who possess more disqualifications.
b) The requirements shall be waived in the following order: (a) age,
(b) height, (c) weight, and (d) education.
The Commission shall promulgate rules and regulations to address other
situations arising from the waiver of the entry requirements.
Section 17. Nature of Appointment Under a Waiver Program. Any PNP
uniformed personnel who is admitted due to the waiver of the educational or
weight requirements shall be issued a temporary appointment pending the
satisfaction of the requirement waived. Any member who will fail to satisfy
any of the waived requirements within the specified time periods under
Section 13 of this Act shall be dismissed from the service.
Section 18. Re-application of Dismissed PNP Members Under a Waiver
Program. Any PNP member who shall be dismissed under a waiver
program shall be eligible to re-apply for appointment to the PNP: Provided,
That he or she possesses the minimum qualifications under Section 14 of
this Act and his or her reappointment is not by virtue of another waiver
program.
Section 19. The Field Training Program. All uniformed members of the
PNP shall undergo a Field Training Program for twelve (12) months involving
actual experience and assignment in patrol, traffic, and investigation as a
requirement for permanency of their appointment.
Section 20. Increased Qualifications for Provincial Directors. No
person may be appointed Director of a Provincial Police Office unless:
a) he or she holds a master's degree in public administration,
sociology, criminology, criminal justice, law enforcement, national
security administration, defense studies, or other related discipline
from a recognized institution of learning; and
b) has satisfactorily passed the required training and career courses
necessary for the position as may be established by the
Commission.
Any PNP personnel who is currently occupying the position but lacks any of
the qualifications mentioned above shall be given three (3) years upon the
effectivity of this Act to comply with the requirements; otherwise he or she
shall be relieved from the position.
Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 32. Examinations of Policemen. The National Police
Commission shall administer the entrance and promotional
examinations for policemen on the basis of the standards set by the
Commission."
Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 34. Qualifications of Chief of City and Municipal Police
Stations. No person shall be appointed chief of a city police station
unless he/she is a graduate of Bachelor of Laws or has finished all
the required courses of a master's degree program in public
administration, criminology, criminal justice, law enforcement,
national security administration, defense studies, and other related
disciplines from a recognized institution of learning. No person shall
be appointed chief of a municipal police station unless he or she has
finished at least second year Bachelor of Laws or has earned at least
twelve (12) units in a master's degree program in public
administration, criminology, criminal justice, law enforcement,
national security administration, and other related disciplines from a
recognized institution of learning: Provided, That members of the Bar
with at least five (5) years of law practice, licensed criminologists or
graduates of the Philippine National Police Academy and who
possess the general qualifications for initial appointment to the PNP
shall be qualified for appointment as chief of a city or municipal
police station: Provided, further, That the appointee has successfully
passed the required field training program and has complied with
other requirements as may be established by the Commission:
Provided, furthermore, That the chief of police shall be appointed in
accordance with the provisions of Section 51, paragraph (b),
subparagraph 4(i) of this Act."
Section 23. Qualifications Upgrading Program. The Commission shall
design and establish a qualifications upgrading program for the Philippine
National Police officers and members in coordination with the Civil Service
Commission, and the Commission on Higher Education through a distance
education program and/or an in-service education program or other similar
programs within ninety (90) days from the effectivity of this Act.
C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL
Section 24. Attrition System. There shall be established a system of
attrition within the uniformed members of the PNP within one (1) year from
the effectivity of this Act to be submitted by the PNP to the Commission for
approval. Such attrition system shall include but is not limited to the
provisions of the following sections.
Section 25. Attrition by Attainment of Maximum Tenure in Position.
The maximum tenure of PNP members holding key positions is hereby
prescribed as follows:
POSITION MAXIMUM TENURE
Chief four (4) years
Deputy Chief four (4) years
Director of the Staff Services four (4) years
Regional Directors six (6) years
Provincial/City Directors nine (9) years
Other positions higher than Provincial Director shall have the maximum
tenure of six (6) years. Unless earlier separated, retired or promoted to a
higher position in accordance with the PNP Staffing Pattern, police officers
holding the above-mentioned positions shall be compulsorily retired at the
maximum tenure in position herein prescribed, or at age fifty-six (56),
whichever is earlier: Provided, That in times of war or other national
emergency declared by Congress, the President may extend the PNP Chief's
tour of duty: Provided, further, That PNP members who have already
reached their maximum tenure upon the effectivity of this Act may be allowed
one (1) year more of tenure in their positions before the maximum tenure
provided in this Section shall be applied to them, unless they shall have
already reached the compulsory retirement age of fifty-six (56), in which case
the compulsory retirement age shall prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year
of service before reaching the compulsory retirement age shall be promoted
to a higher rank or appointed to any other position.
Section 26. Attrition by Relief. A PNP uniformed personnel who has been
relieved for just cause and has not been given an assignment within two (2)
years after such relief shall be retired or separated.
Section 27. Attrition by Demotion in Position or Rank. Any PNP
personnel, civilian or uniformed, who is relieved and assigned to a position
lower than what is established for his or her grade in the PNP staffing pattern
and who shall not be assigned to a position commensurate to his or her
grade within eighteen (18) months after such demotion in position shall be
retired or separated.
Section 28. Attrition by Non-promotion. Any PNP personnel who has not
been promoted for a continuous period of ten (10) years shall be retired or
separated.
Section 29. Attrition by Other Means. A PNP member or officer with at
least five (5) years of accumulated active service shall be separated based
on any of the following factors:
a) inefficiency based on poor performance during the last two (2)
successive annual rating periods;
b) inefficiency based on poor performance for three (3) cumulative
annual rating periods;
c) physical and/or mental incapacity to perform police functions and
duties; or
d) failure to pass the required entrance examinations twice and/or
finish the required career courses except for justifiable reasons.
Section 30. Retirement or Separation Under the Preceding Sections.
Any personnel who is dismissed from the PNP pursuant to Sections 25, 26,
27, 28 and 29 hereof shall be retired if he or she has rendered at least twenty
(20) years of service and separated if he or she has rendered less than
twenty (20) years of service unless the personnel is disqualified by law to
receive such benefits.
D. PROMOTION SYSTEM
Section 31. Rationalized Promotion System. Within six (6) months after
the effectivity of this Act, the Commission shall establish a system of
promotion for uniformed and non-uniformed personnel of the PNP which
shall be based on merits and on the availability of vacant positions in the
PNP staffing pattern. Such system shall be gender fair and shall ensure that
women members of the PNP shall enjoy equal opportunity for promotion as
that of men.
Section 32. Promotion by Virtue of Position. Any PNP personnel
designated to any key position whose rank is lower than that which is
required for such position shall, after six (6) months of occupying the same,
be entitled to a rank adjustment corresponding to the position: Provided, That
the personnel shall not be reassigned to a position calling for a higher rank
until after two (2) years from the date of such rank adjustment: Provided,
further, That any personnel designated to the position who does not possess
the established minimum qualifications therefor shall occupy the same
temporarily for not more than six (6) months without reappointment or
extension.
Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 38. Promotions. (a) A uniformed member of the PNP shall
not be eligible for promotion to a higher position or rank unless he or
she has successfully passed the corresponding promotional
examination given by the Commission, or the Bar, or the
corresponding board examinations for technical services and other
professions, has satisfactorily completed the appropriate and
accredited course in the PNPA or equivalent training institutions, and
has satisfactorily passed the required psychiatric/psychological and
drug tests. In addition, no uniformed member of the PNP shall be
eligible for promotion during the pendency of his or her
administrative and/or criminal case or unless he or she has been
cleared by the People's Law Enforcement Board (PLEB), and the
Office of the Ombudsman of any complaints proffered against him or
her, if any.
"(b) Any uniformed member of the PNP who has exhibited
acts of conspicuous courage and gallantry at the risk of
his/her life above and beyond the call of duty, shall be
promoted to the next higher rank: Provided, That such acts
shall be validated by the Commission based on established
criteria."
E. UPGRADING OF SALARIES AND BENEFITS
Section 34. Section 75 of the same Act is hereby amended to read as
follows:
"SEC. 75. Retirement Benefits. Monthly retirement pay shall be fifty
percent (50%) of the base pay and longevity pay of the retired grade
in case of twenty (20) years of active service, increasing by two and
one-half percent (2.5%) for every year of active service rendered
beyond twenty (20) years to a maximum of ninety percent (90%) for
thirty-six (36) years of active service and over: Provided, That, the
uniformed personnel shall have the option to receive in advance and
in lump sum his retirement pay for the first five (5) years: Provided,
further, That payment of the retirement benefits in lump sum shall be
made within six (6) months from effectivity date of retirement and/or
completion: Provided, finally, That retirement pay of the officers/non-
officers of the PNP shall be subject to adjustments based on the
prevailing scale of base pay of police personnel in the active
service."
Section 35. Section 73 of the same Act is hereby amended to read as
follows:
"SEC. 73. Permanent Physical Disability. An officer or non-officer
who is permanently and totally disabled as a result of injuries
suffered or sickness contracted in the performance of his duty as
duly certified by the National Police Commission, upon finding and
certification by the appropriate medical officer, that the extent of the
disability or sickness renders such member unfit or unable to further
perform the duties of his position, shall be entitled to one year's
salary and to lifetime pension equivalent to eighty percent (80%) of
his last salary, in addition to other benefits as provided under existing
laws.
"Should such member who has been retired under permanent total
disability under this section die within five (5) years from his
retirement, his surviving legal spouse or if there be none, the
surviving dependent legitimate children shall be entitled to the
pension for the remainder of the five (5) years guaranteed period."
Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 36. Status of Members of the Philippine National Police. The
uniformed members of the PNP shall be considered employees of
the National Government and shall draw their salaries therefrom.
They shall have the same salary grade level as that of public school
teachers: Provided, That PNP members assigned in Metropolitan
Manila, chartered cities and first class municipalities may be paid
financial incentive by the local government unit concerned subject to
the availability of funds."
Section 37. Early Retirement Program. Within three (3) years after the
effectivity of this Act, any PNP officer or non-commissioned officer may retire
and be paid separation benefits corresponding to a position two (2) ranks
higher than his or her present rank subject to the following conditions:
a) that at the time he or she applies for retirement, he or she has
already rendered at least ten (10) years of continuous government
service;
b) the applicant is not scheduled for separation or retirement from
the service due to the attrition system or separation for cause;
c) he or she has no pending administrative or criminal case; and
d) he or she has at least three (3) more years in the service before
reaching the compulsory retirement age and at least a year before
his or her maximum tenure in position.
Section 38. Rationalization of Retirement and Separation Benefits.
The Commission shall formulate a rationalized retirement and separation
benefits schedule and program within one (1) year from the effectivity of this
Act for approval by Congress: Provided, That the approved schedule and
program shall have retroactive effect in favor of PNP members and officers
retired or separated from the time specified in the law, unless the retirement
or separation is for cause and the decision denies the grant of benefits.
TITLE V
INTERNAL AFFAIRS SERVICE
Section 39. Creation, Powers, and Functions. An Internal Affairs Service
(IAS) of the PNP is hereby created which shall:
a) pro-actively conduct inspections and audits on PNP personnel and
units;
b) investigate complaints and gather evidence in support of an open
investigation;
c) conduct summary hearings on PNP members facing
administrative charges;
d) submit a periodic report on the assessment, analysis, and
evaluation of the character and behavior of PNP personnel and units
to the Chief PNP and the Commission;
e) file appropriate criminal cases against PNP members before the
court as evidence warrants and assist in the prosecution of the case;
f) provide assistance to the Office of the Ombudsman in cases
involving the personnel of the PNP.
The IAS shall also conduct, motu proprio, automatic investigation of the
following cases:
a) incidents where a police personnel discharges a firearm;
b) incidents where death, serious physical injury, or any violation of
human rights occurred in the conduct of a police operation;
c) incidents where evidence was compromised, tampered with,
obliterated, or lost while in the custody of police personnel;
d) incidents where a suspect in the custody of the police was
seriously injured; and
e) incidents where the established rules of engagement have been
violated.
Finally, the IAS shall provide documents or recommendations as regards to
the promotion of the members of the PNP or the assignment of PNP
personnel to any key position.
Section 40. Organization. National, regional, and provincial offices of the
Internal Affairs shall be established. Internal Affairs Service shall be headed
by an Inspector General who shall be assisted by a Deputy Inspector
General. The area offices shall be headed by a Director while the provincial
offices shall be headed by a Superintendent: Provided, That the head of the
Internal Affairs Service shall be a civilian who shall meet the qualification
requirements provided herein.
The commission shall establish a rationalized staffing pattern in the
Reorganization Plan as provided for in Section 13 hereof.
Section 41. Appointments. The Inspector General shall be appointed by
the President upon the recommendation of the Director General and duly
endorsed by the Commission. Appointments of personnel who shall occupy
various positions shall be made by the Inspector General and shall be based
on an established career pattern and criteria to be promulgated by the
Commission.
Section 42. Entry Qualifications to IAS. Entry to the Internal Affairs
Service shall be voluntary and subject to rigid screening where only PNP
personnel who have at least five (5) years experience in law enforcement
and who have no derogatory service records shall be considered for
appointment: Provided, That members of the Bar may enter the service
laterally.
Section 43. Initial Appointments to the National, Directorial, and
Provincial Internal Affairs Service Offices. Initial appointments of the
heads of the offices in the Internal Affairs Service shall be made by the
President upon recommendation by the Commission. Thereafter,
appointments and promotions to the Service shall follow the established
requirements and procedures.
Section 44. Promotions. The Commission shall establish the promotion
system within the IAS which shall follow the general principles of the
promotion system in the PNP.
Section 45. Prohibitions. Any personnel who joins the IAS may not
thereafter join any other unit of the PNP. Neither shall any personnel of the
IAS be allowed to sit in a committee deliberating on the appointment,
promotion, or assignment of any PNP personnel.
Section 46. Career Development and Incentives. (1) Personnel of the
Internal Affairs Service shall in addition to other allowances authorized under
existing laws be granted occupational specialty pay which shall not exceed
fifty percent (50%) of their basic pay. This pay shall not be considered a
forfeiture of other remuneration and allowances which are allowed under
existing laws.
(2) IAS members shall also have priorities in the quota allocation for training
and education.
Section 47. Records Management of the IAS. Local Internal Affairs
Offices shall be responsible for the maintenance and update of the records of
the members of the PNP within their jurisdiction.
When a PNP personnel is reassigned or transferred to another location or
unit outside the jurisdiction of the current Internal Affairs Office, the original
records of such personnel shall be transferred over to the Internal Affairs
Office that will acquire jurisdiction over the transferred personnel while copies
will be retained by the former Internal Affairs Office. In cases where a PNP
personnel has been relieved of his/her position and has not been given an
assignment, the Internal Affairs Office where the person has been assigned
last shall continue to have jurisdiction over his or her records until such time
that the officer or member shall have been given a new assignment where
the records will be forwarded to the Internal Affairs Office acquiring
jurisdiction over the PNP personnel.
Section 48. Inclusion of Supervisors and Superiors in IAS
Investigations. The immediate superior or supervisor of the personnel or
units being investigated under the preceding section shall be automatically
included in the investigation of the IA to exclusively determine lapses in
administration or supervision.
Section 49. Disciplinary Recommendations of the IAS. (a) Any
uniformed PNP personnel found guilty of any of the cases mentioned in
Section 39 of this Act and any immediate superior or supervisor found
negligent under Section 48 shall be recommended automatically for
dismissal or demotion, as the case may be.
(b) Recommendations by the IAS for the imposition of disciplinary
measures against an erring PNP personnel, once final, cannot be
revised, set-aside, or unduly delayed by any disciplining authority
without just cause. Any disciplining authority who fails to act or who
acts with abuse of discretion on the recommendation of the IAS shall
be made liable for gross neglect of duty. The case of erring
disciplinary authority shall be submitted to the Director General for
proper disposition.
Section 50. Appeals. Decisions rendered by the provincial inspectors shall
be forwarded to the area internal affairs office for review within ten (10)
working days upon the receipt thereof. Decisions of the area office may be
appealed to the national office through the Office of Inspector General.
Decisions rendered by the National IAS shall be appealed to the National
Appellate Board or to the court as may be appropriate: Provided, That the
summary dismissal powers of the Director General and Regional Directors as
provided in Section 42 of Republic Act No. 6975 shall remain valid: Provided,
further, That the existing jurisdiction over offenses as provided under
Republic Act No. 6975 shall not be affected.
Section 51. Complaints Against the IAS. A complaint against any
personnel or office of IAS shall be brought to the Inspector General's Office
or to the Commission as may be appropriate.
TITLE VI
DISCIPLINARY MECHANISMS
Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 41(a). Citizen's Complaints. Any complaint by a natural or
juridical person against any member of the PNP shall be brought
before the following:
"(1) Chiefs of Police, where the offense is punishable by
withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination
thereof, for a period not exceeding fifteen (15) days;
"(2) Mayors of cities and municipalities, where the offense is
punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any
combination thereof, for a period of not less than sixteen (16)
days but not exceeding thirty (30) days;
"(3) People's Law Enforcement Board, as created under
Section 43 hereof, where the offense is punishable by
withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination
thereof, for a period exceeding thirty (30) days; or by
dismissal.
"The Commission shall provide in its implementing rules and
regulations a scale of penalties to be imposed upon any member of
the PNP under this Section.
"(b) Internal Discipline. On dealing with minor offenses involving
internal discipline found to have been committed by any regular
member of their respective commands, the duly designated
supervisors and equivalent officers of the PNP shall, after due notice
and summary hearing, exercise disciplinary powers as follows:
"(1) Chiefs of police or equivalent supervisors may
summarily impose the administrative punishment of
admonition or reprimand; restriction to specified limits;
withholding of privileges; forfeiture of salary or suspension;
or any of the combination of the foregoing: Provided, That, in
all cases, the total period shall not exceed fifteen (15) days;
"(2) Provincial directors or equivalent supervisors may
summarily impose administrative punishment of admonition
or reprimand; restrictive custody; withholding of privileges;
forfeiture of salary or suspension, or any combination of the
foregoing: Provided, That, in all cases, the total period shall
not exceed thirty (30) days;
"(3) Police regional directors or equivalent supervisors shall
have the power to impose upon any member the disciplinary
punishment of dismissal from the service. He may also
impose the administrative punishment of admonition or
reprimand; restrictive custody; withholding of privileges;
suspension or forfeiture of salary; demotion; or any
combination of the foregoing: Provided, That, in all cases,
the total period shall not exceed sixty (60) days;
"(4) The Chief of the PNP shall have the power to impose
the disciplinary punishment of dismissal from the service;
suspension or forfeiture of salary; or any combination thereof
for a period not exceeding one hundred eighty (180) days:
Provided, further, That the chief of the PNP shall have the
authority to place police personnel under restrictive custody
during the pendency of a grave administrative case filed
against him or even after the filing of a criminal complaint,
grave in nature, against such police personnel.
"(c) Exclusive Jurisdiction. A complaint or a charge filed against a
PNP member shall be heard and decided exclusively by the
disciplining authority who has acquired original jurisdiction over the
case and notwithstanding the existence of concurrent jurisdiction as
regards the offense: Provided, That offenses which carry higher
penalties referred to a disciplining authority shall be referred to the
appropriate authority which has jurisdiction over the offense.
"For purposes of this Act, a 'minor offense' shall refer to any act or
omission not involving moral turpitude, but affecting the internal
discipline of the PNP, and shall include, but not limited to:
"(1) Simple misconduct or negligence;
"(2) Insubordination;
"(3) Frequent absences and tardiness;
"(4) Habitual drunkenness; and
"(5) Gambling prohibited by law.
"(d) Forum shopping of multiple filing of complaints. When an
administrative complaint is filed with a police disciplinary authority,
such as the People's Law Enforcement Board (PLEB), no other case
involving the same cause of action shall be filed with any other
disciplinary authority.
"In order to prevent forum shopping or multiple filing of complaints,
the complainant or party seeking relief in the complaint shall certify
under oath in such pleading, or in a sworn certification annexed
thereto and simultaneously filed therewith, to the truth of the
following facts and undertaking:
"(a) that he has not heretofore commenced any other action
or proceeding involving the same issues in other disciplinary
forum;
"(b) that to the best of his knowledge, no such action or
proceeding is pending in other police administrative
disciplinary machinery or authority;
"(c) that if there is any such action or proceeding which is
either pending or may have been terminated, he must state
the status thereof; and
"(d) that if he should thereafter learn that a similar action or
proceeding has been filed or is pending before any other
police disciplinary authority, he must undertake to report that
fact within five (5) days therefrom to the disciplinary authority
where the original complaint or pleading has been filed."
Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 42. Summary Dismissal Powers of the National Police
Commission, PNP Chief and PNP Regional Directors. The National
Police Commission, the chief of the PNP and PNP regional directors,
after due notice and summary hearings, may immediately remove or
dismiss any respondent PNP member in any of the following cases:
"(a) When the charge is serious and the evidence of guilt is
strong;
"(b) When the respondent is a recidivist or has been
repeatedly charged and there are reasonable grounds to
believe that he is guilty of the charges; and
"(c) When the respondent is guilty of a serious offense
involving conduct unbecoming of a police officer.
"Any member or officer of the PNP who shall go on absence without
official leave (AWOL) for a continuous period of thirty (30) days or
more shall be dismissed immediately from the service. His activities
and whereabouts during the period shall be investigated and if found
to have committed a crime, he shall be prosecuted accordingly."
Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 44. Disciplinary Appellate Boards. The formal administrative
disciplinary machinery of the PNP shall be the National Appellate
Board and the regional appellate boards.
"The National Appellate Board shall be composed of the four (4)
regular commissioners and shall be chaired by the executive officer.
The Board shall consider appeals from decisions of the Chief of the
PNP.
"The National Appellate Board may conduct its hearings or sessions
in Metropolitan Manila or any part of the country as it may deem
necessary.
"There shall be at least one (1) regional appellate board per
administrative region in the country to be composed of a senior
officer of the regional Commission as Chairman and one (1)
representative each from the PNP, and the regional peace and order
council as members. It shall consider appeals from decisions of the
regional directors, other officials, mayors, and the PLEBs: Provided,
That the Commission may create additional regional appellate
boards as the need arises."
Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read
as follows:
"Sec. 47. Preventive Suspension Pending Criminal Case. Upon the
filing of a complaint or information sufficient in form and substance
against a member of the PNP for grave felonies where the penalty
imposed by law is six (6) years and one (1) day or more, the court
shall immediately suspend the accused from office for a period not
exceeding ninety (90) days from arraignment: Provided, however,
That if it can be shown by evidence that the accused is harassing the
complainant and/or witnesses, the court may order the preventive
suspension of the accused PNP member even if the charge is
punishable by a penalty lower than six (6) years and one (1) day:
Provided, further, That the preventive suspension shall not be more
than ninety (90) days except if the delay in the disposition of the case
is due to the fault, negligence or petitions of the respondent:
Provided, finally, That such preventive suspension may be sooner
lifted by the court in the exigency of the service upon
recommendation of the chief, PNP. Such case shall be subject to
continuous trial and shall be terminated within ninety (90) days from
arraignment of the accused."
Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 49. Legal Assistance. The Secretary of Justice, the
chairman of the Commission or the Chief of the PNP may authorize
lawyers of their respective agencies to provide legal assistance to
any member of the PNP who is facing before the prosecutor's office,
the court or any competent body, a charge or charges arising from
any incident which is related to the performance of his official duty:
Provided, That government lawyers so authorized shall have the
power to administer oaths: Provided, further, That in such cases,
when necessary, as determined by the Commission, a private
counsel may be provided at the expense of the Government. The
Secretary of Justice, the Chairman of the Commission and the Chief
of the PNP shall jointly promulgate rules and regulations to
implement the provisions of this Section."
TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE
FORMULATION OF A GENDER SENSITIVITY PROGRAM
Section 57. Creation and Functions. The PNP shall establish women's
desks in all police stations throughout the country to administer and attend to
cases involving crimes against chastity, sexual harassment, abuses
committed against women and children and other similar offenses: Provided,
That municipalities and cities presently without policewomen will have two (2)
years upon the effectivity of this Act within which to comply with the
requirement of this provision.
Section 58. Prioritization of Women for Recruitment. Within the next
five (5) years, the PNP shall prioritize the recruitment and training of women
who shall serve in the women's desk. Pursuant to this requirement, the PNP
shall reserve ten percent (10%) of its annual recruitment, training, and
education quota for women
Section 59. Gender Sensitivity Program. The Commission shall
formulate a gender sensitivity program within ninety (90) days from the
effectivity of this Act to include but not limited to the establishment of equal
opportunities for women in the PNP, the prevention of sexual harassment in
the workplace, and the prohibition of discrimination on the basis of gender or
sexual orientation.
Section 60. Administrative Liability. Any personnel who shall violate the
established rules and regulations regarding gender sensitivity and gender
equality shall be suspended without pay for not less than thirty (30) days and
shall undergo gender sensitivity seminar or training: Provided, That any
personnel who violates the rules more than twice shall be recommended for
demotion or dismissal from the PNP.
Section 61. Non-prohibition for Promotion. Nothing in this title shall be
construed as a restriction on the assignment of policewomen to other
positions in the PNP nor shall any provisions of this title be used for the non-
promotion of a PNP female personnel to higher position.
TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE
ADMINISTRATION OF THE PNP
Section 62. The provisions of the second, third, fourth and fifth paragraphs
of subparagraph (b) (1), Section 51, Chapter III-D of Republic Act No. 6975
are hereby amended to read as follows:
"The term 'operational supervision and control' shall mean the power
to direct, superintend, and oversee the day-to-day functions of police
investigation of crime, crime prevention activities, and traffic control
in accordance with the rules and regulations promulgated by the
Commission.
"It shall also include the power to direct the employment and
deployment of units or elements of the PNP, through the station
commander, to ensure public safety and effective maintenance of
peace and order within the locality. For this purpose, the terms
'employment' and 'deployment' shall mean as follows:
"'Employment' refers to the utilization of units or elements of the PNP
for purposes of protection of lives and properties, enforcement of
laws, maintenance of peace and order, prevention of crimes, arrest
of criminal offenders and bringing the offenders to justice, and
ensuring public safety, particularly in the suppression of disorders,
riots, lawlessness, violence, rebellious and seditious conspiracy,
insurgency, subversion or other related activities.
"'Deployment' shall mean the orderly and organized physical
movement of elements or units of the PNP within the province, city or
municipality for purposes of employment as herein defined."
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended
to read as follows:
"(4) Other Powers. In addition to the aforementioned powers, city
and municipal mayors shall have the following authority over the
PNP units in their respective jurisdictions:
"(i) Authority to choose the chief of police from a list of five
(5) eligibles recommended by the provincial police director,
preferably from the same province, city or municipality:
Provided, however, That in no case shall an officer-in-charge
be designated for more than thirty (30) days: Provided,
further, That the local peace and order council may, through
the city or municipal mayor, recommend the recall or
reassignment of the chief of police when, in its perception,
the latter has been ineffective in combating crime or
maintaining peace and order in the city or municipality:
Provided, finally, That such relief shall be based on
guidelines established by the NAPOLCOM;
"(ii) Authority to recommend to the provincial director the
transfer, reassignment or detail of PNP members outside of
their respective city or town residences; and
"(iii) Authority to recommend from a list of eligibles previously
screened by the peace and order council the appointment of
new members of the PNP to be assigned to their respective
cities or municipalities without which no such appointments
shall be attested: Provided, That whenever practicable and
consistent with the requirements of the service, PNP
members shall be assigned to the city or municipality of their
residence.
"The control and supervision of anti-gambling operations shall be
within the jurisdiction of local government executives."
Section 64. Automatic Deputation of Local Government Executives as
Commission Representatives. Governors and mayors, upon having been
elected and living qualified as such, are automatically deputized as
representatives of the National Police Commission in their respective
jurisdiction. As deputized agents of the Commission, local government
executives can inspect police forces and units, conduct audit, and exercise
other functions as may be duly authorized by the Commission.
Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read
as follows:
"SEC. 52. Suspension or Withdrawal of Deputation. Unless
reversed by the President, the Commission may, after consultation
with the provincial governor and congressman concerned, suspend
or withdraw the deputation of any local executive for any of the
following grounds:
"(a) Frequent unauthorized absences;
"(b) Abuse of authority;
"(c) Providing material support to criminal elements; or
"(d) Engaging in acts inimical to national security or which
negate the effectiveness of the peace and order campaign.
"Upon good cause shown, the President may, directly or through the
Commission, motu proprio restore such deputation withdrawn from
any local executive."
TITLE IX
STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD
Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 43. People's Law Enforcement Board (PLEB). (a) Creation
and Functions The sangguniang panlungsod/bayan in every city
and municipality shall create such number of People's Law
Enforcement Boards (PLEBs) as may be necessary: Provided, That
there shall be at least one (1) PLEB for every five hundred (500) city
or municipal police personnel and for each of the legislative districts
in a city.
"The PLEB shall be the central receiving entity for any citizen's
complaint against the officers and members of the PNP. Subject to
the provisions of Section 41 of Republic Act No. 6975, the PLEB
shall take cognizance of or refer the complaint to the proper
disciplinary or adjudicatory authority within three (3) days upon the
filing of the complaint."lawph!l.net
Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No.
6975 is hereby amended to read as follows:
"(3) Three (3) other members who are removable only for cause to
be chosen by the local peace and order council from among the
respected members of the community known for their probity and
integrity, one (1) of whom must be a woman and another a member
of the Bar, or, in the absence thereof, a college graduate, or the
principal of the central elementary school in the locality."
Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975
shall be amended to read as follows:
"The Chairman of the PLEB shall be elected from among its
members. The term of office of the members of the PLEB shall be for
a period of three (3) years from assumption of office. Such member
shall hold office until his successor shall have been chosen and
qualified."
Section 69. Compensation and Benefits. Paragraph c, Section 43 of
Republic Act No. 6975 shall be amended to read as follows:
"(c) Compensation. Membership in the PLEB is a civic duty.
However, PLEB members shall be paid per diem and shall be
provided with life insurance coverage as may be determined by the
city or municipal council from city or municipal funds. The DILG shall
provide for the per diem and insurance coverage of PLEB members
in certain low income municipalities."
Section 70. Budget Allocation. The annual budget of the Local
Government Units (LGU) shall include an item and the corresponding
appropriation for the maintenance and operation of their local PLEBs.
The Secretary shall submit a report to Congress and the President within
fifteen (15) days from the effectivity of this Act on the number of PLEBs
already organized as well as the LGUs still without PLEBs. Municipalities or
cities without a PLEB or with an insufficient number of organized PLEBs shall
have thirty (30) more days to organize their respective PLEBs. After such
period, the DILG and the Department of Budget and Management shall
withhold the release of the LGU's share in the national taxes in cities and
municipalities still without PLEB(s).
Section 71. Request for Preventive Suspension. The PLEB may ask
any authorized superior to impose preventive suspension against a
subordinate police officer who is the subject of a complaint lasting up to a
period as may be allowed under the law. A request for preventive suspension
shall not be denied by the superior officer in the following cases:
a) when the respondent refuses to heed the PLEB's summons or
subpoena;
b) when the PNP personnel has been charged with offenses
involving bodily harm or grave threats,
c) when the respondent is in a position to tamper with the evidence;
andlawphil.net
d) when the respondent is in a position to unduly influence the
witnesses.
Any superior who fails to act on any request for suspension without valid
grounds shall be held administratively liable for serious neglect of duty.
TITLE X
TRANSITORY PROVISIONS
Section 72. Transition. The provisions on the reorganization and the
civilianization of the PNP and the devolution of police capabilities to the local
police forces shall be effected within three (3) years after the effectivity of this
Act.
TITLE XI
FINAL PROVISIONS
Section 73. Rules and Regulations. Unless otherwise provided in this
Act, the Commission in coordination with the Philippine National Police and
the Department of the Interior and Local Government, shall promulgate rules
and regulations for the effective implementation of this Act. Such rules and
regulations shall take effect upon their publication in three (3) newspapers of
general circulation.
Section 74. Appropriations. The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and thereafter.
Section 75. Repealing Clause. All laws, presidential decrees, letters of
instructions, executive orders, rules and regulations insofar as they are
inconsistent with this Act, are hereby repealed or amended as the case may
be.
Section 76. Separability Clause. In case any provision of this Act or any
portion thereof is declared unconstitutional by a competent court, other
provisions shall not be affected thereby.
Section 77. Effectivity Clause. This Act shall take effect after its complete
publication in at least three (3) newspapers of general circulation.
Approved: February 25, 1998

EXECUTIVE ORDER NO. 292 (1987)
INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"
BOOK IV
THE EXECUTIVE BRANCH
CHAPTER 7
ADMINISTRATIVE RELATIONSHIP
Section 38. Definition of Administrative Relationship. - Unless otherwise
expressly stated in the Code or in other laws defining the special
relationships of particular agencies, administrative relationships shall be
categorized and defined as follows:
(3) Attachment.
(a) This refers to the lateral relationship between the department or its
equivalent and the attached agency or corporation for purposes of policy and
program coordination. The coordination may be accomplished by having the
department represented in the governing board of the attached agency or
corporation, either as chairman or as a member, with or without voting rights,
if this is permitted by the charter; having the attached corporation or agency
comply with a system of periodic reporting which shall reflect the progress of
programs and projects; and having the department or its equivalent provide
general policies through its representative in the board, which shall serve as
the framework for the internal policies of the attached corporation or agency;
(b) Matters of day-to-day administration or all those pertaining to internal
operations shall be left to the discretion or judgment of the executive officer
of the agency or corporation. In the event that the Secretary and the head of
the board or the attached agency or corporation strongly disagree on the
interpretation and application of policies, and the Secretary is unable to
resolve the disagreement, he shall bring the matter to the President for
resolution and direction;
(c) Government-owned or controlled corporations attached to a department
shall submit to the Secretary concerned their audited financial statements
within sixty (60) days after the close of the fiscal year; and
(d) Pending submission of the required financial statements, the corporation
shall continue to operate on the basis of the preceding year's budget until the
financial statements shall have been submitted. Should any government-
owned or controlled corporation incur an operation deficit at the close of its
fiscal year, it shall be subject to administrative supervision of the department;
and the corporation's operating and capital budget shall be subject to the
department's examination, review, modification and approval.














Republic Act No. 9285 April 2, 2004
AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE
DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES AND TO
ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
CHAPTER 1 - GENERAL PROVISIONS
SECTION 1. Title. - This act shall be known as the "Alternative Dispute
Resolution Act of 2004."
SEC. 2. Declaration of Policy. - it is hereby declared the policy of the State
to actively promote party autonomy in the resolution of disputes or the
freedom of the party to make their own arrangements to resolve their
disputes. Towards this end, the State shall encourage and actively promote
the use of Alternative Dispute Resolution (ADR) as an important means to
achieve speedy and impartial justice and declog court dockets. As such, the
State shall provide means for the use of ADR as an efficient tool and an
alternative procedure for the resolution of appropriate cases. Likewise, the
State shall enlist active private sector participation in the settlement of
disputes through ADR. This Act shall be without prejudice to the adoption by
the Supreme Court of any ADR system, such as mediation, conciliation,
arbitration, or any combination thereof as a means of achieving speedy and
efficient means of resolving cases pending before all courts in the Philippines
which shall be governed by such rules as the Supreme Court may approve
from time to time.
SEC. 3. Definition of Terms. - For purposes of this Act, the term:
(a) "Alternative Dispute Resolution System" means any process or
procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a
government agency, as defined in this Act, in which a neutral third
party participates to assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral evaluation, mini-trial,
or any combination thereof;
(b) "ADR Provider" means institutions or persons accredited as
mediator, conciliator, arbitrator, neutral evaluator, or any person
exercising similar functions in any Alternative Dispute Resolution
system. This is without prejudice to the rights of the parties to choose
nonaccredited individuals to act as mediator, conciliator, arbitrator, or
neutral evaluator of their dispute.
Whenever reffered to in this Act, the term "ADR practitioners" shall
refer to individuals acting as mediator, conciliator, arbitrator or
neutral evaluator;
(c) "Authenticate" means to sign, execute or adopt a symbol, or
encrypt a record in whole or in part, intended to identity the
authenticating party and to adopt, accept or establish the authenticity
of a record or term;
(d) "Arbitration" means a voluntary dispute resolution process in
which one or more arbitrators, appointed in accordance with the
agreement of the parties, or rules promulgated pursuant to this Act,
resolve a dispute by rendering an award;
(e) "Arbitrator" means the person appointed to render an award,
alone or with others, in a dispute that is the subject of an arbitration
agreement;
(f) "Award" means any partial or final decision by an arbitrator in
resolving the issue in a controversy;
(g) "Commercial Arbitration" An arbitration is "commercial if it covers
matter arising from all relationships of a commercial nature, whether
contractual or not;
(h) "Confidential information" means any information, relative to the
subject of mediation or arbitration, expressly intended by the source
not to be disclosed, or obtained under circumstances that would
create a reasonable expectation on behalf of the source that the
information shall not be disclosed. It shall include (1) communication,
oral or written, made in a dispute resolution proceedings, including
any memoranda, notes or work product of the neutral party or non-
party participant, as defined in this Act; (2) an oral or written
statement made or which occurs during mediation or for purposes of
considering, conducting, participating, initiating, continuing of
reconvening mediation or retaining a mediator; and (3) pleadings,
motions manifestations, witness statements, reports filed or
submitted in an arbitration or for expert evaluation;
(i) "Convention Award" means a foreign arbitral award made in a
Convention State;
(j) "Convention State" means a State that is a member of the New
York Convention;
(k) "Court" as referred to in Article 6 of the Model Law shall mean a
Regional Trial Court;
(l) "Court-Annexed Mediation" means any mediation process
conducted under the auspices of the court, after such court has
acquired jurisdiction of the dispute;
(m) "Court-Referred Mediation" means mediation ordered by a court
to be conducted in accordance with the Agreement of the Parties
when as action is prematurely commenced in violation of such
agreement;
(n) "Early Neutral Evaluation" means an ADR process wherein
parties and their lawyers are brought together early in a pre-trial
phase to present summaries of their cases and receive a nonbinding
assessment by an experienced, neutral person, with expertise in the
subject in the substance of the dispute;
(o) "Government Agency" means any government entity, office or
officer, other than a court, that is vested by law with quasi-judicial
power to resolve or adjudicate dispute involving the government, its
agencies and instrumentalities, or private persons;
(p) "International Party" shall mean an entity whose place of
business is outside the Philippines. It shall not include a domestic
subsidiary of such international party or a coventurer in a joint
venture with a party which has its place of business in the
Philippines.
The term foreigner arbitrator shall mean a person who is not a
national of the Philippines.
(q) "Mediation" means a voluntary process in which a mediator,
selected by the disputing parties, facilitates communication and
negotiation, and assist the parties in reaching a voluntary agreement
regarding a dispute.
(r) "Mediator" means a person who conducts mediation;
(s) "Mediation Party" means a person who participates in a mediation
and whose consent is necessary to resolve the dispute;
(t) "Mediation-Arbitration" or Med-Arb is a step dispute resolution
process involving both mediation and arbitration;
(u) "Mini-Trial" means a structured dispute resolution method in
which the merits of a case are argued before a panel comprising
senior decision makers with or without the presence of a neutral third
person after which the parties seek a negotiated settlement;
(v) "Model Law" means the Model Law on International Commercial
Arbitration adopted by the United Nations Commission on
International Trade Law on 21 June 1985;
(w) "New York Convention" means the United Nations Convention on
the Recognition and Enforcement of Foreign Arbitral Awards
approved in 1958 and ratified by the Philippine Senate under Senate
Resolution No. 71;
(x) "Non-Convention Award" means a foreign arbitral award made in
a State which is not a Convention State;
(y) "Non-Convention State" means a State that is not a member of
the New York Convention.
(z) "Non-Party Participant" means a person, other than a party or
mediator, who participates in a mediation proceeding as a witness,
resource person or expert;
(aa) "Proceeding" means a judicial, administrative, or other
adjudicative process, including related pre-hearing motions,
conferences and discovery;
(bb) "Record" means an information written on a tangible medium or
stored in an electronic or other similar medium, retrievable form; and
(cc) "Roster" means a list of persons qualified to provide ADR
services as neutrals or to serve as arbitrators.
SEC. 4. Electronic Signatures in Global and E-Commerce Act. - The
provisions of the Electronic Signatures in Global and E-Commerce Act, and
its implementing Rules and Regulations shall apply to proceeding
contemplated in this Act.
SEC. 5. Liability of ADR Provider and Practitioner. - The ADR providers
and practitioners shall have the same civil liability for the Acts done in the
performance of then duties as that of public officers as provided in Section 38
(1), Chapter 9, Book of the Administrative Code of 1987.
SEC. 6. Exception to the Application of this Act. - The provisions of this
Act shall not apply to resolution or settlement of the following: (a) labor
disputes covered by Presidential Decree No. 442, otherwise known as the
Labor Code of the Philippines, as amended and its Implementing Rules and
Regulations; (b) the civil status of persons; (c) the validity of a marriage; (d)
any ground for legal separation; (e) the jurisdiction of courts; (f) future
legitime; (g) criminal liability; and (h) those which by law cannot be
compromised.
CHAPTER 2 - MEDIATION
SEC. 7. Scope. - The provisions of this Chapter shall cover voluntary
mediation, whether ad hoc or institutional, other than court-annexed. The
term "mediation' shall include conciliation.
SEC. 8. Application and Interpretation. - In applying construing the
provisions of this Chapter, consideration must be given to the need to
promote candor or parties and mediators through confidentiality of the
mediation process, the policy of fostering prompt, economical, and amicable
resolution of disputes in accordance with the principles of integrity of
determination by the parties, and the policy that the decision-making
authority in the mediation process rests with the parties.
SEC. 9. Confidentiality of Information. - Information obtained through
mediation proceedings shall be subject to the following principles and
guidelines:
(a) Information obtained through mediation shall be privileged and
confidential.
(b) A party, a mediator, or a nonparty participant may refuse to
disclose and may prevent any other person from disclosing a
mediation communication.
(c) Confidential Information shall not be subject to discovery and
shall be inadmissible if any adversarial proceeding, whether judicial
or quasi-judicial, However, evidence or information that is otherwise
admissible or subject to discovery does not become inadmissible or
protected from discovery solely by reason of its use in a mediation.
(d) In such an adversarial proceeding, the following persons involved
or previously involved in a mediation may not be compelled to
disclose confidential information obtained during mediation: (1) the
parties to the dispute; (2) the mediator or mediators; (3) the counsel
for the parties; (4) the nonparty participants; (5) any persons hired or
engaged in connection with the mediation as secretary,
stenographer, clerk or assistant; and (6) any other person who
obtains or possesses confidential information by reason of his/her
profession.
(e) The protections of this Act shall continue to apply even of a
mediator is found to have failed to act impartially.
(f) a mediator may not be called to testify to provide information
gathered in mediation. A mediator who is wrongfully subpoenaed
shall be reimbursed the full cost of his attorney's fees and related
expenses.
SEC. 10. Waiver of Confidentiality. - A privilege arising from the
confidentiality of information may be waived in a record, or orally during a
proceeding by the mediator and the mediation parties.
A privilege arising from the confidentiality of information may likewise be
waived by a nonparty participant if the information is provided by such
nonparty participant.
A person who discloses confidential information shall be precluded from
asserting the privilege under Section 9 of this Chapter to bar disclosure of the
rest of the information necessary to a complete understanding of the
previously disclosed information. If a person suffers loss or damages in a
judicial proceeding against the person who made the disclosure.
A person who discloses or makes a representation about a mediation is
preclude from asserting the privilege under Section 9, to the extent that the
communication prejudices another person in the proceeding and it is
necessary for the person prejudiced to respond to the representation of
disclosure.
SEC. 11. Exceptions to Privilege. -
(a) There is no privilege against disclosure under Section 9 if
mediation communication is:
(1) in an agreement evidenced by a record authenticated by
all parties to the agreement;
(2) available to the public or that is made during a session of
a mediation which is open, or is required by law to be open,
to the public;
(3) a threat or statement of a plan to inflict bodily injury or
commit a crime of violence;
(4) internationally used to plan a crime, attempt to commit, or
commit a crime, or conceal an ongoing crime or criminal
activity;
(5) sought or offered to prove or disprove abuse, neglect,
abandonment, or exploitation in a proceeding in which a
public agency is protecting the interest of an individual
protected by law; but this exception does not apply where a
child protection matter is referred to mediation by a court or
a public agency participates in the child protection mediation;
(6) sought or offered to prove or disprove a claim or
complaint of professional misconduct or malpractice filed
against mediator in a proceeding; or
(7) sought or offered to prove or disprove a claim of
complaint of professional misconduct of malpractice filed
against a party, nonparty participant, or representative of a
party based on conduct occurring during a mediation.
(b) There is no privilege under Section 9 if a court or administrative
agency, finds, after a hearing in camera, that the party seeking
discovery of the proponent of the evidence has shown that the
evidence is not otherwise available, that there is a need for the
evidence that substantially outweighs the interest in protecting
confidentiality, and the mediation communication is sought or offered
in:
(1) a court proceeding involving a crime or felony; or
(2) a proceeding to prove a claim or defense that under the
law is sufficient to reform or avoid a liability on a contract
arising out of the mediation.
(c) A mediator may not be compelled to provide evidence of a
mediation communication or testify in such proceeding.
(d) If a mediation communication is not privileged under an exception
in subsection (a) or (b), only the portion of the communication
necessary for the application of the exception for nondisclosure may
be admitted. The admission of particular evidence for the limited
purpose of an exception does not render that evidence, or any other
mediation communication, admissible for any other purpose.
SEC. 12. Prohibited Mediator Reports. - A mediator may not make a
report, assessment, evaluation, recommendation, finding, or other
communication regarding a mediation to a court or agency or other authority
that make a ruling on a dispute that is the subject of a mediation, except:
(a) Where the mediation occurred or has terminated, or where a
settlement was reached.
(b) As permitted to be disclosed under Section 13 of this Chapter.
SEC. 13. Mediator's Disclosure and Conflict of Interest. - The mediation
shall be guided by the following operative principles:
(a) Before accepting a mediation, an individual who is requested to
serve as a mediator shall:
(1) make an inquiry that is reasonable under the
circumstances to determinate whether there are any known
facts that a reasonable individual would consider likely to
affect the impartiality of the mediator, including a financial or
personal interest in the outcome of the mediation and any
existing or past relationship with a party or foreseeable
participant in the mediation; and
(2) disclosure to the mediation parties any such fact known
or learned as soon as is practical before accepting a
mediation.
(b) If a mediation learns any fact described in paragraph (a) (1) of
this section after accepting a mediation, the mediator shall disclose it
as soon as practicable.
At the request of a mediation party, an individual who is requested to serve
as mediator shall disclose his/her qualifications to mediate a dispute.
This Act does not require that a mediator shall have special qualifications by
background or profession unless the special qualifications of a mediator are
required in the mediation agreement or by the mediation parties.
SEC. 14. Participation in Mediation. - Except as otherwise provided in this
Act, a party may designate a lawyer or any other person to provide
assistance in the mediation. A lawyer of this right shall be made in writing by
the party waiving it. A waiver of participation or legal representation may be
rescinded at any time.
SEC. 15. Place of Mediation. - The parties are free to agree on the place of
mediation. Failing such agreement, the place of mediation shall be any place
convenient and appropriate to all parties.
SEC. 16. Effect of Agreement to Submit Dispute to Mediation Under
Institutional Rules. - An agreement to submit a dispute to mediation by any
institution shall include an agreement to be bound by the internal mediation
and administrative policies of such institution. Further, an agreement to
submit a dispute to mediation under international mediation rule shall be
deemed to include an agreement to have such rules govern the mediation of
the dispute and for the mediator, the parties, their respective counsel, and
nonparty participants to abide by such rules.
In case of conflict between the institutional mediation rules and the provisions
of this Act, the latter shall prevail.
SEC. 17. Enforcement of Mediated Settlement Agreement. - The
mediation shall be guided by the following operative principles:
(a) A settlement agreement following successful mediation shall be
prepared by the parties with the assistance of their respective
counsel, if any, and by the mediator.
The parties and their respective counsels shall endeavor to make the
terms and condition thereof complete and make adequate provisions
for the contingency of breach to avoid conflicting interpretations of
the agreement.
(b) The parties and their respective counsels, if any, shall sign the
settlement agreement. The mediator shall certify that he/she
explained the contents of the settlement agreement to the parties in
a language known to them.
(c) If the parties so desire, they may deposit such settlement
agreement with the appropriate Clerk of a Regional Trial Court of the
place where one of the parties resides. Where there is a need to
enforce the settlement agreement, a petition may be filed by any of
the parties with the same court, in which case, the court shall
proceed summarily to hear the petition, in accordance with such
rules of procedure as may be promulgated by the Supreme Court.
(d) The parties may agree in the settlement agreement that the
mediator shall become a sole arbitrator for the dispute and shall treat
the settlement agreement as an arbitral award which shall be subject
to enforcement under Republic Act No. 876, otherwise known as the
Arbitration Law, notwithstanding the provisions of Executive Order
No. 1008 for mediated dispute outside of the CIAC.
CHAPTER 3 - OTHER ADR FORMS
SEC. 18. Referral of Dispute to other ADR Forms. - The parties may agree
to refer one or more or all issues arising in a dispute or during its pendency
to other forms of ADR such as but not limited to (a) the evaluation of a third
person or (b) a mini-trial, (c) mediation-arbitration, or a combination thereof.
For purposes of this Act, the use of other ADR forms shall be governed by
Chapter 2 of this Act except where it is combined with arbitration in which
case it shall likewise be governed by Chapter 5 of this Act.
CHAPTER 4 - INTERNATIONAL COMMERCIAL ARBITRATION
SEC. 19. Adoption of the Model Law on International Commercial
Arbitration. - International commercial arbitration shall be governed by the
Model Law on International Commercial Arbitration (the "Model Law")
adopted by the United Nations Commission on International Trade Law on
June 21, 1985 (United Nations Document A/40/17) and recommended
approved on December 11, 1985, copy of which is hereto attached as
Appendix "A".
SEC. 20. Interpretation of Model Law. - In interpreting the Model Law,
regard shall be had to its international origin and to the need for uniformity in
its interpretation and resort may be made to the travaux preparatories and
the report of the Secretary General of the United Nations Commission on
International Trade Law dated March 25, 1985 entitled, "International
Commercial Arbitration: Analytical Commentary on Draft Trade identified by
reference number A/CN. 9/264."
SEC. 21. Commercial Arbitration. - An arbitration is "commercial" if it
covers matters arising from all relationships of a commercial nature, whether
contractual or not. Relationships of a transactions: any trade transaction for
the supply or exchange of goods or services; distribution agreements;
construction of works; commercial representation or agency; factoring;
leasing, consulting; engineering; licensing; investment; financing; banking;
insurance; joint venture and other forms of industrial or business cooperation;
carriage of goods or passengers by air, sea, rail or road.
SEC. 22. Legal Representation in International Arbitration. - In
international arbitration conducted in the Philippines, a party may be
presented by any person of his choice. Provided, that such representative,
unless admitted to the practice of law in the Philippines, shall not be
authorized to appear as counsel in any Philippine court, or any other quasi-
judicial body whether or not such appearance is in relation to the arbitration
in which he appears.
SEC. 23. Confidential of Arbitration Proceedings. - The arbitration
proceedings, including the records, evidence and the arbitral award, shall be
considered confidential and shall not be published except (1) with the
consent of the parties, or (2) for the limited purpose of disclosing to the court
of relevant documents in cases where resort to the court is allowed herein.
Provided, however, that the court in which the action or the appeal is pending
may issue a protective order to prevent or prohibit disclosure of documents
or information containing secret processes, developments, research and
other information where it is shown that the applicant shall be materially
prejudiced by an authorized disclosure thereof.
SEC. 24. Referral to Arbitration. - A court before which an action is brought
in a matter which is the subject matter of an arbitration agreement shall, if at
least one party so requests not later that the pre-trial conference, or upon the
request of both parties thereafter, refer the parties to arbitration unless it
finds that the arbitration agreement is null and void, inoperative or incapable
of being performed.
SEC. 25. Interpretation of the Act. - In interpreting the Act, the court shall
have due regard to the policy of the law in favor of arbitration. Where action
is commenced by or against multiple parties, one or more of whom are
parties who are bound by the arbitration agreement although the civil action
may continue as to those who are not bound by such arbitration agreement.
SEC. 26. Meaning of "Appointing Authority.". - "Appointing Authority" as
used in the Model Law shall mean the person or institution named in the
arbitration agreement as the appointing authority; or the regular arbitration
arbitration institution under whose rules the arbitration is agreed to be
conducted. Where the parties have agreed to submit their dispute to
institutional arbitration rules, and unless they have agreed to a different
procedure, they shall be deemed to have agreed to procedure under such
arbitration rules for the selection and appointment of arbitrators. In ad hoc
arbitration, the default appointment of an arbitrator shall be made by the
National President of the Integrated Bar of the Philippines (IBP) or his duly
authorized representative.
SEC. 27. What Functions May be Performed by Appointing Authority. -
The functions referred to in Articles 11(3), 11(4), 13(3) and 14(1) of the
Model Law shall be performed by the Appointing Authority, unless the latter
shall fail or refuse to act within thirty (30) days from receipt of the request in
which case the applicant may renew the application with the Court.
SEC. 28. Grant of Interim Measure of Protection. -
(a) It is not incompatible with an arbitration agreement for a party to
request, before constitution of the tribunal, from a Court an interim
measure of protection and for the Court to grant such measure. After
constitution of the arbitral tribunal and during arbitral proceedings, a
request for an interim measure of protection or modification thereof,
may be made with the arbitral tribunal or to the extent that the arbitral
tribunal has no power to act or is unable to act effectively, the
request may be made with the Court. The arbitral tribunal is deemed
constituted when the sole arbitrator or the third arbitrator who has
been nominated, has accepted the nomination and written
communication of said nomination and acceptance has been
received by the party making request.
(b) The following rules on interim or provisional relief shall be
observed:
(1) Any party may request that provision relief be granted
against the adverse party:
(2) Such relief may be granted:
(i) to prevent irreparable loss or injury:
(ii) to provide security for the performance of any
obligation;
(iii) to produce or preserve any evidence; or
(iv) to compel any other appropriate act or omission.
(3) The order granting provisional relief may be conditioned
upon the provision of security or any act or omission
specified in the order.
(4) Interim or provisional relief is requested by written
application transmitted by reasonable means to the Court or
arbitral tribunal as the case may be and the party against
whom the relief is sought, describing in appropriate detail the
precise relief, the party against whom the relief is requested,
the grounds for the relief, and evidence supporting the
request.
(5) The order shall be binding upon the parties.
(6) Either party may apply with the Court for assistance in
Implementing or enforcing an interim measure ordered by an
arbitral tribunal.
(7) A party who does not comply with the order shall be
liable for all damages resulting from noncompliance,
including all expenses, and reasonable attorney's fees, paid
in obtaining the order's judicial enforcement.
SEC. 29. Further Authority for Arbitrator to Grant Interim Measure of
Protection. - Unless otherwise agreed by the parties, the arbitral tribunal
may, at the request of a party, order any party to take such interim measures
of protection as the arbitral tribunal may consider necessary in respect of the
subject matter of the dispute following the rules in Section 28, paragraph 2.
Such interim measures may include but shall not be limited to preliminary
injuction directed against a party, appointment of receivers or detention,
preservation, inspection of property that is the subject of the dispute in
arbitration. Either party may apply with the Court for assistance in
implementing or enforcing an interim measures ordered by an arbitral
tribunal.
SEC. 30. Place of Arbitration. - The parties are free to agree on the place of
arbitration. Failing such agreement, the place of arbitration shall be in Metro
Manila, unless the arbitral tribunal, having regard to the circumstances of the
case, including the convenience of the parties shall decide on a different
place of arbitration.
The arbitral tribunal may, unless otherwise agreed by the parties, meet at
any place it considers appropriate for consultation among its members, for
hearing witnesses, experts, or the parties, or for inspection of goods, other
property or documents.
SEC. 31. Language of the Arbitration. - The parties are free to agree on
the language or languages to be used in the arbitral proceedings. Failing
such agreement, the language to be used shall be English in international
arbitration, and English or Filipino for domestic arbitration, unless the arbitral
tribunal shall determine a different or another language or languages to be
used in the proceedings. This agreement or determination, unless otherwise
specified therein, shall apply to any written statement by a party, any hearing
and any award, decision or other communication by the arbitral tribunal.
The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the language or languages agreed upon
by the parties or determined in accordance with paragraph 1 of this section.
CHAPTER 5 - DOMESTIC ARBITRATION
SEC. 32. Law Governing Domestic Arbitration. - Domestic arbitration shall
continue to be governed by Republic Act No. 876, otherwise known as "The
Arbitration Law" as amended by this Chapter. The term "domestic arbitration"
as used herein shall mean an arbitration that is not international as defined in
Article (3) of the Model Law.
SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13,
14, 18 and 19 and 29 to 32 of the Model Law and Section 22 to 31 of the
preceding Chapter 4 shall apply to domestic arbitration.
CHAPTER 6 - ARBITRATION OF CONSTRUCTION DISPUTES
SEC. 34. Arbitration of Construction Disputes: Governing Law. - The
arbitration of construction disputes shall be governed by Executive Order No.
1008, otherwise known as the Constitution Industry Arbitration Law.
SEC. 35. Coverage of the Law. - Construction disputes which fall within the
original and exclusive jurisdiction of the Construction Industry Arbitration
Commission (the "Commission") shall include those between or among
parties to, or who are otherwise bound by, an arbitration agreement, directly
or by reference whether such parties are project owner, contractor,
subcontractor, quantity surveyor, bondsman or issuer of an insurance policy
in a construction project.
The Commission shall continue to exercise original and exclusive jurisdiction
over construction disputes although the arbitration is "commercial" pursuant
to Section 21 of this Act.
SEC. 36. Authority to Act as Mediator or Arbitrator. - By written
agreement of the parties to a dispute, an arbitrator may act as mediator and
a mediator may act as arbitrator. The parties may also agree in writing that,
following a successful mediation, the mediator shall issue the settlement
agreement in the form of an arbitral award.
SEC. 37. Appointment of Foreign Arbitrator. - The Construction Industry
Arbitration Commission (CIAC) shall promulgate rules to allow for the
appointment of a foreign arbitrator or coarbitrator or chairman of a tribunal a
person who has not been previously accredited by CIAC: Provided, That:
(a) the dispute is a construction dispute in which one party is an
international party
(b) the person to be appointed agreed to abide by the arbitration
rules and policies of CIAC;
(c) he/she is either coarbitrator upon the nomination of the
international party; or he/she is the common choice of the two CIAC-
accredited arbitrators first appointed one of whom was nominated by
the international party; and
(d) the foreign arbitrator shall be of different nationality from the
international party.
SEC. 38. Applicability to Construction Arbitration. - The provisions of
Sections 17 (d) of Chapter 2, and Section 28 and 29 of this Act shall apply to
arbitration of construction disputes covered by this Chapter.
SEC. 39. Court to Dismiss Case Involving a Construction Dispute. - A
regional trial court which a construction dispute is filed shall, upon becoming
aware, not later than the pretrial conference, that the parties had entered into
an arbitration to be conducted by the CIAC, unless both parties, assisted by
their respective counsel, shall submit to the regional trial court a written
agreement exclusive for the Court, rather than the CIAC, to resolve the
dispute.
CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL AWARDS
A. DOMESTIC AWARDS
SEC. 40. Confirmation of Award. - The confirmation of a domestic arbitral
award shall be governed by Section 23 of R.A. 876.
A domestic arbitral award when confirmed shall be enforced in the same
manner as final and executory decisions of the Regional Trial Court.
The confirmation of a domestic award shall be made by the regional trial
court in accordance with the Rules of Procedure to be promulgated by the
Supreme Court.
A CIAC arbitral award need not be confirmed by the regional trial court to be
executory as provided under E.O. No. 1008.
SEC. 41. Vacation Award. - A party to a domestic arbitration may question
the arbitral award with the appropriate regional trial court in accordance with
the rules of procedure to be promulgated by the Supreme Court only on
those grounds enumerated in Section 25 of Republic Act No. 876. Any other
ground raised against a domestic arbitral award shall be disregarded by the
regional trial court.
B. FOREIGN ARBITRAL AWARDS
SEC. 42. Application of the New York Convention. - The New York
Convention shall govern the recognition and enforcement of arbitral awards
covered by the said Convention.
The recognition and enforcement of such arbitral awards shall be filled with
regional trial court in accordance with the rules of procedure to be
promulgated by the Supreme Court. Said procedural rules shall provide that
the party relying on the award or applying for its enforcement shall file with
the court the original or authenticated copy of the award and the arbitration
agreement. If the award or agreement is not made in any of the official
languages, the party shall supply a duly certified translation thereof into any
of such languages.
The applicant shall establish that the country in which foreign arbitration
award was made is a party to the New York Convention.
If the application for rejection or suspension of enforcement of an award has
been made, the regional trial court may, if it considers it proper, vacate its
decision and may also, on the application of the party claiming recognition or
enforcement of the award, order the party to provide appropriate security.
SEC. 43. Recognition and Enforcement of Foreign Arbitral Awards Not
Covered by the New York Convention. - The recognition and enforcement
of foreign arbitral awards not covered by the New York Convention shall be
done in accordance with procedural rules to be promulgated by the Supreme
Court. The Court may, grounds of comity and reciprocity, recognize and
enforce a nonconvention award as a convention award.
SEC. 44. Foreign Arbitral Award Not Foreign J udgment. - A foreign
arbitral award when confirmed by a court of a foreign country, shall be
recognized and enforced as a foreign arbitral award and not a judgment of a
foreign court.
A foreign arbitral award, when confirmed by the regional trial court, shall be
enforced as a foreign arbitral award and not as a judgment of a foreign court.
A foreign arbitral award, when confirmed by the regional trial court, shall be
enforced in the same manner as final and executory decisions of courts of
law of the Philippines.
SEC. 45. Rejection of a Foreign Arbitral Award. - A party to a foreign
arbitration proceeding may oppose an application for recognition and
enforcement of the arbitral award in accordance with the procedural rules to
be promulgated by the Supreme Court only on those grounds enumerated
under Article V of the New York Convention. Any other ground raised shall
be disregarded by the regional trial court.
SEC. 46. Appeal from Court Decisions on Arbitral Awards. - A decision of
the regional trial court confirming, vacating, setting aside, modifying or
correcting an arbitral award may be appealed to the Court of Appeals in
accordance with the rules of procedure to be promulgated by the Supreme
Court.
The losing party who appeals from the judgment of the court confirming an
arbitral award shall required by the appealant court to post counterbond
executed in favor of the prevailing party equal to the amount of the award in
accordance with the rules to be promulgated by the Supreme Court.
SEC. 47. Venue and J urisdiction. - Proceedings for recognition and
enforcement of an arbitration agreement or for vacation, setting aside,
correction or modification of an arbitral award, and any application with a
court for arbitration assistance and supervision shall be deemed as special
proceedings and shall be filled with the regional trial court (i) where
arbitration proceedings are conducted; (ii) where the asset to be attached or
levied upon, or the act to be enjoined is located; (iii) where any of the parties
to the dispute resides or has his place of business; or (iv) in the National
Judicial Capital Region, at the option of the applicant.
SEC. 48. Notice of Proceeding to Parties. - In a special proceeding for
recognition and enforcement of an arbitral award, the Court shall send notice
to the parties at their address of record in the arbitration, or if any party
cannot be served notice at such address, at such party's last known address.
The notice shall be sent at least fifteen (15) days before the date set for the
initial hearing of the application.
CHAPTER 8 - MISCELLANEOUS PROVISIONS
SEC. 49. Office for Alternative Dispute Resolution. - There is hereby
established the Office for Alternative Dispute Resolution as an attached
agency to the Department of Justice (DOJ) which shall have a Secretariat to
be headed by an executive director. The executive director shall be
appointed by the President of the Philippines.
The objective of the office are:
(a) to promote, develop and expand the use of ADR in the private
and public sectors; and
To assist the government to monitor, study and evaluate the use by the
public and the private sector of ADR, and recommend to Congress needful
statutory changes to develop. Strengthen and improve ADR practices in
accordance with world standards.
SEC. 50. Powers and Functions of the Office for Alternative Dispute
Resolution. - The Office for Alternative Dispute Resolution shall have the
following powers and functions:
(a) To formulate standards for the training of the ADR practitioners
and service providers;
(b) To certify that such ADR practitioners and ADR service providers
have undergone the professional training provided by the office;
(c) To coordinate the development, implementation, monitoring, and
evaluation of government ADR programs;
(d) To charge fees for their services; and
(e) To perform such acts as may be necessary to carry into effect the
provisions of this Act.
SEC. 51. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of
the year following its enactment into law and thereafter.
SEC. 52. Implementing Rules and Regulations (IRR). - Within one (1)
month after the approval of this Act, the secretary of justice shall convene a
committee that shall formulate the appropriate rules and regulations
necessary for the implementation of this Act. The committee, composed of
representatives from:
(a) the Department of Justice;
(b) the Department of Trade and Industry;
(c) the Department of the Interior and Local Government;
(d) the president of the Integrated Bar of the Philippines;
(e) A representative from the arbitration profession; and
(f) A representative from the mediation profession; and
(g) A representative from the ADR organizations
shall within three (3) months after convening, submit the IRR to the Joint
Congressional Oversight Committee for review and approval. The Oversight
Committee shall be composed of the chairman of the Senate Committee on
Justice and Human Rights, chairman of the House Committee on Justice,
and one (1) member each from the majority and minority of both Houses.
The Joint Oversight Committee shall become functus officio upon approval of
the IRR.
SEC. 53. Applicability of the Katarungan Pambarangay. - This Act shall
not be interpreted to repeal, amend or modify the jurisdiction of the
Katarungan Pambarangay under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991.
SEC. 54. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
SEC. 55. Separability Clause. - If for any reason or reasons, any portion or
provision of this Act shall be held unconstitutional or invalid, all other parts or
provisions not affected shall thereby continue to remain in full force and
effect.
SEC. 56. Effectivity. - This act shall take effect fifteen days (15) after its
publication in at least two (2) national newspapers of general circulation.




















CIRCULAR NO. 14-93 July 15, 1993
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY
CONCILIATION PROCEDURE TO PREVENT CIRCUMVENTION OF THE
REVISED KATARUNGANG PAMBARANGAY LAW (SECTIONS 399-422,
CHAPTER VII, TITLE I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS
THE LOCAL GOVERNMENT CODE OF 1991).
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise
known as the local Government Code of 1991, effective on January 1, 1992,
and which repealed P.D. 1508, introduced substantial changes not only in
the authority granted to the Lupong Tagapamayapa but also in the procedure
to be observed in the settlement of disputes within the authority of the Lupon.
In order that the laudable purpose of the law may not be subverted and its
effectiveness undermined by indiscriminate, improper and/or premature
issuance of certifications to file actions in court by the Lupon or Pangkat
Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the
following guidelines are hereby issued for the information of trial court judges
in cases brought before them coming from the Barangays:
I. All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now
replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I,
Book IV, R.A. 7160, otherwise known as the Local Government Code of
1991), and prior recourse thereto is a pre-condition before filing a complaint
in court or any government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or instrumentality
thereof;
2. Where one party is a public officer or employee, and the dispute relates to
the performance of his official functions;
3. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnership or juridical entities,
since only individuals shall be parties to Barangay conciliation proceedings
either as complainants or respondents (Sec. 1, Rule VI, Katarungang
Pambarangay Rules);
5. Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each other
and the parties thereto agree to submit their differences to amicable
settlement by an appropriate Lupon;
6. Offenses for which the law prescribes a maximum penalty of imprisonment
exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following:
a. Criminal cases where accused is under police custody or detention (see
Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);
b. Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived or on acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of
the action; and
d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL) (Sec. 46 & 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee
relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code,
as amended, which grants original and exclusive jurisdiction over conciliation
and mediation of disputes, grievances or problems to certain offices of the
Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which may be filed directly
in court (See Sanchez vs. Tupaz, 158 SCRA 459).
II. Under the provisions of R.A. 7160 on Katarungang Pambarangay
conciliation, as implemented by the Katarungang Pambarangay Rules and
Regulations promulgated by the Secretary of Justice, the certification for
filing a complaint in court or any government office shall be issued by
Barangay authorities only upon compliance with the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon Chairman
(Punong Barangay), certifying that a confrontation of the parties has taken
place and that a conciliation settlement has been reached, but the same has
been subsequently repudiated (Sec. 412, Revised Katarungang
Pambarangay Law; Sec. 2[h], Rule III, Katarungang Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman,
certifying that:
a. a confrontation of the parties took place but no conciliation/settlement has
been reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules; or
b. that no personal confrontation took place before the Pangkat through no
fault of the complainant (Sec. 4[f], Rule III, Katarungang Pambarangay
Rules).
3. Issued by the Punong Barangay, as requested by the proper party on the
ground of failure of settlement where the dispute involves members of the
same indigenous cultural community, which shall be settled in accordance
with the customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute belong to the
minority and the parties mutually agreed to submit their dispute to the
indigenous system of amicable settlement, and there has been no settlement
as certified by the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang Pambarangay
Rules); and
4. If mediation or conciliation efforts before the Punong Barangay proved
unsuccessful, there having been no agreement to arbitrate (Sec. 410 [b],
Revised Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III,
Katarungang Pambarangay Rules), or where the respondent fails to appear
at the mediation proceeding before the Punong Barangay (3rd par. Sec. 8, a,
Rule VI, Katarungang Pambarangay Rules), the Punong Barangay shall not
cause the issuance at this stage of a certification to file action, because it is
now mandatory for him to constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.
III. All complaints and/or informations filed or raffled to your sala/branch of
the Regional Trial Court shall be carefully read and scrutinized to determine if
there has been compliance with prior Barangay conciliation procedure under
the Revised Katarungang Pambarangay Law and its Implementing Rules and
Regulations, as a pre-condition to judicial action, particularly whether the
certification to file action attached to the records of the case comply with the
requirements hereinabove enumerated in par. II;
IV. A case filed in court without compliance with prior Barangay conciliation
which is a pre-condition for formal adjudication (Sec. 412 [a] of the Revised
Katarungang Pambarangay Law) may be dismissed upon motion of
defendant/s, not for lack of jurisdiction of the court but for failure to state a
cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales
vs. CA, 151 SCRA 289), or the court may suspend proceedings upon petition
of any party under Sec. 1, Rule 21 of the Rules of Court; and refer the
case motu proprio to the appropriate Barangay authority, applying by analogy
Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which
reads as follows:
The court in which non-criminal cases not falling within the authority of the
Lupon under this Code are filed may at any time before trial, motu
proprio refer case to the Lupon concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This Administrative Circular
shall be effective immediately.
Manila, Philippines. July 15, 1993.
(Sgd.) ANDRES R. NARVASA
Chief Justice









CHAPTER VIII
Sangguniang Kabataan
Section 423. Creation and Election. -
(a) There shall be in every barangay a sangguniang kabataan to be
composed of a chairman, seven (7) members, a secretary, and a
treasurer.
(b) A sangguniang kabataan official who, during his term of office,
shall have passed the age of twenty-one (21) years shall be allowed
to serve the remaining portion of the term for which he was elected.
Section 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be
composed of all citizens of the Philippines actually residing in the barangay
for at least six (6) months, who are fifteen (15) but not more than twenty-one
(21) years of age, and who are duly registered in the list of the sangguniang
kabataan or in the official barangay list in the custody of the barangay
secretary.
Section 425. Meetings of the Katipunan ng Kabataan. - The katipunan ng
kabataan shall meet at least once every three (3) months, or at the call of the
chairman of the sangguniang kabataan or upon written petition of at least
one-twentieth (1/20) of its members, to decide on important issues affecting
the youth of the barangay.
Section 426. Powers and Functions of the Sangguniang Kabataan. - The
sangguniang kabataan shall:
(a) Promulgate resolutions necessary to carry out the objectives of
the youth in the barangay in accordance with the applicable
provisions of this Code;
(b) Initiate programs designed to enhance the social, political,
economic, cultural, intellectual, moral, spiritual, and physical
development of the members;
(c) Hold fund-raising activities, the proceeds of which shall be tax-
exempt and shall accrue to the general fund of the sangguniang
kabataan: Provided, however, That in the appropriation thereof, the
specific purpose for which such activity has been held shall be first
satisfied;
(d) Create such bodies or committees as it may deem necessary to
effectively carry out its programs and activities;
(e) Submit annual and end-of-term reports to the sangguniang
barangay on their projects and activities for the survival and
development of the youth in the barangay;
(f) Consult and coordinate with all youth organizations in the
barangay for policy formulation and program implementation;
(g) Coordinate with the appropriate national agency for the
implementation of youth development projects and programs at the
national level;
(h) Exercise such other powers and perform such other duties and
functions as the sangguniang barangay may determine or delegate;
and
(i) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
Section 427. Meetings of the Sangguniang Kabataan. - The sangguniang
kabataan shall meet regularly once a month on the date, time, and place to
be fixed by the said sanggunian. Special meetings may be called by the
sangguniang kabataan chairman or any three (3) of its members by giving
written notice to all members of the date, time, place and agenda of the
meeting at least one (1) day in advance. Notices of regular or special
meetings shall be furnished the punong barangay and the sangguniang
barangay.
A majority of the members of the sangguniang kabataan shall constitute a
quorum.
Section 428. Qualifications. - An elective official of the sangguniang
kabataan must be a citizen of the Philippines, a qualified voter of the
katipunan ng kabataan, a resident of the barangay for at least one (1) year
immediately prior to election, at least fifteen (15) years but not more than
twenty- one (21) years of age on the day of his election, able to read and
write Filipino, English, or the local dialect, and must not have been convicted
of any crime involving moral turpitude.
Section 429. Term of Office. - The sangguniang kabataan chairman and
members shall hold office for a period of three (3) years, unless sooner
removed for cause as provided by law, permanently incapacitated, die or
resign from office.
Section 430. Sangguniang Kabataan Chairman. - The registered voters of
the katipunan ng kabataan shall elect the chairman of the sangguniang
kabataan who shall automatically serve as an ex officio member of the
sangguniang barangay upon his assumption to office. As such, he shall
exercise the same powers, discharge the same duties and functions, and
enjoy the same privileges as the regular sangguniang barangay members,
and shall be the chairman of the committee on youth and sports development
in the said sanggunian.
Section 431. Powers and Duties of the Sangguniang Kabataan Chairman. -
In addition to the duties which may be assigned to him by the sangguniang
barangay, the sangguniang kabataan chairman shall:
(a) Call and preside over all meetings of the katipunan ng kabataan
and the sangguniang kabataan;
(b) Implement policies, programs, and projects within his jurisdiction
in coordination with the sangguniang barangay;
(c) Exercise general supervision over the affairs and activities of the
sangguniang kabataan and the official conduct of its members, and
such other officers of the sangguniang kabataan within his
jurisdiction;
(d) With the concurrence of the sangguniang kabataan, appoint from
among the members of the sangguniang kabataan, the secretary
and treasurer and such other officers as may be deemed necessary;
and
(e) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
Section 432. Sangguniang Kabataan Secretary. - The sangguniang
kabataan secretary shall:
(a) Keep all records of the katipunan ng kabataan and sangguniang
kabataan;
(b) Prepare and keep the minutes of all meetings of the katipunan ng
kabataan and sangguniang kabataan;
(c) Prepare all forms necessary for the conduct of registrations,
elections, initiatives, referenda, or plebiscites, in coordination with
the barangay secretary and the COMELEC; and
(d) Perform such other duties and discharge such other functions as
the chairman of the sangguniang kabataan may prescribe or direct.
Section 433. Sangguniang Kabataan Treasurer. - The sangguniang
kabataan treasurer shall:
(a) Take custody of all sangguniang kabataan property and funds not
otherwise deposited with the city or municipal treasurer;
(b) Collect and receive contributions, monies, materials, and all other
sources intended for the sangguniang kabataan and katipunan ng
kabataan;
(c) Disburse funds in accordance with an approved budget of the
sangguniang kabataan;
(d) Certify to the availability of funds whenever necessary;
(e) Submit to the sangguniang kabataan and to the sangguniang
barangay certified and detailed statements of actual income and
expenditures at the end of every month; and
(f) Perform such other duties and discharge such other functions as
the chairman of the sangguniang kabataan may direct.
Section 434. Privileges of Sangguniang Kabataan Officials. - The
sangguniang kabataan chairman shall have the same privileges enjoyed by
other sangguniang barangay officials under this Code subject to such
requirements and limitations provided herein. During their incumbency,
sangguniang kabataan officials shall be exempt from payment of tuition and
matriculation fees while enrolled in public tertiary schools, including state
colleges and universities. The national government shall reimburse said
college or university the amount of the tuition and matriculation fees:
Provided, That, to qualify for the privilege, the said officials shall enroll in a
state college or university within or nearest their area of jurisdiction.
Section 435. Succession and Filling of Vacancies. -
(a) In case a sangguniang kabataan chairman refuses to assume
office, fails to qualify, is convicted of a felony, voluntarily resigns,
dies, is permanently incapacitated, is removed from office, or has
been absent without leave for more than three (3) consecutive
months, the sangguniang kabataan member who obtained the next
highest number of votes in the election immediately preceding shall
assume the office of the chairman for the unexpired portion of the
term, and shall discharge the powers and duties, and enjoy the rights
and privileges appurtenant to the office. In case the said member
refuses to assume the position or fails to qualify, the sangguniang
member obtaining the next highest number of votes shall assume the
position of the chairman for the unexpired portion of the term.
(b) Where two (2) or more sangguniang kabataan members obtained
the same next highest number of votes, the other sangguniang
kabataan members shall conduct an election to choose the
successor to the chairman from among the said members.
(c) After the vacancy shall have been filled, the sangguniang
kabataan chairman shall call a special election to complete the
membership of said sanggunian. Such sangguniang kabataan
member shall hold office for the unexpired portion of the term of the
vacant seat.
(d) In case of suspension of the sangguniang kabataan chairman,
the successor, as determined in subsections (a) and (b) of this
Section shall assume the position during the period of such
suspension.
CHAPTER IX
Pederasyon ng mga Sangguniang Kabataan
Section 436. Pederasyon ng mga Kabataan. -
(a) There shall be an organization of all the pederasyon ng mga
sangguniang kabataan to be known as follows:
(1) in municipalities pambayang pederasyon ng mga
sangguniang kabataan;
(2) in cities, panlungsod na pederasyon ng mga
sangguniang kabataan;
(3) in provinces, panlalawigang pederasyon ng mga
kabataan;
(4) in special metropolitan political subdivisions,
pangmetropolitan pederasyon ng mga sangguniang
kabataan; and
(5) on the national level pambansang pederasyon ng mga
sangguniang kabataan.
(b) The pederasyon ng mga sangguniang kabataan shall, at all
levels, elect from among themselves the president, vice- president
and such other officers as may be necessary and shall be organized
in the following manner:
(1) The panlungsod and pambayang pederasyon shall be
composed of the sangguniang kabataan chairmen of
barangays in the city or municipality, respectively;
(2) The panlalawigang pederasyon shall be composed of
presidents of the panlungsod and pambayang pederasyon;
(3) The pangmetropolitang pederasyon shall be composed
of presidents of the panlungsod and pambayan pederasyon;
(c) The elected presidents of the pederasyon at the provincial, highly
urbanized city, and metropolitan political subdivision levels shall
constitute the pambansang katipunan ng mga sangguniang
kabataan.
Section 437. Constitution and By-Laws. - The term of office, manner of
election, removal and suspension of the officers of the pederasyon ng mga
sangguniang kabataan at all levels shall be governed by the constitution and
by-laws of the pederasyon in conformity with the provisions of this Code and
national policies on youth.
Section 438. Membership in the Sanggunian. -
(a) A sangguniang kabataan chairman shall, upon certification of his
election by the COMELEC and during his tenure of office is elected
as pederasyon president, serve as an ex-officio member of the
sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang bayan, as the case may be, without need of further
appointment.
(b) The vice-president of the pederasyon whose president has been
elected as president of a higher pederasyon shall serve as ex-officio
member of the sanggunian concerned without need of further
appointment.
(c) The pederasyon president or vice-president, as the case may be,
shall be the chairman of the committee on youth and sports
development of the sanggunian concerned.
CHAPTER X
Linggo ng Kabataan
Section 439. Observance of Linggo ng Kabataan. -
(a) Every barangay, municipality, city and province shall, in
coordination with the pederasyon ng mga sangguniang kabataan at
all levels, conduct an annual activity to be known as the Linggo ng
Kabataan on such date as shall be determined by the Office of the
President.
(b) The observance of the Linggo ng Kabataan shall include the
election of the counterparts of all local elective and appointive
officials, as well as heads of national offices or agencies stationed or
assigned in the territorial jurisdiction of the local government unit,
among in-school and community youth residing in the local
government unit concerned from ages thirteen (13) to seventeen
(17). During said week, they shall hold office as boy and girl officials
and shall perform such duties and conduct such activities as may be
provided in the ordinance enacted pursuant to this Chapter.






























Republic Act No. 7808
AN ACT RESETTING THE ELECTIONS OF SANGGUNIANG KABATAAN
OFFICIALS TO
THE FIRST MONDAY OF MAY 1996, AND EVERY THREE (3) YEARS
THEREAFTER,
AMENDING FOR THE PURPOSE SECTION 532(a) OF REPUBLIC ACT
NO. 7160,
OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991."
Date: 02 September 1994

SECTION 1. Section 532(a) of Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, is hereby amended to read as follows:
"Sec. 532. Elections for the Sangguniang Kabataan. -
"(a) The first elections for the sangguniang kabataan to be conducted under
this Code shall be held thirty (30) days after the next local elections:
Provided, That, the regular elections for the sangguniang kabataan shall be
held on the first Monday of May 1996: Provided, further, That the succeeding
regular elections for the sangguniang kabataan shall be held every three (3)
years thereafter: Provided, finally, That the national, special metropolitan,
provincial, city and municipal federations of the sangguniang kabataan shall
conduct the election of their respective officers thirty (30) days after the May
1996 sangguniang kabataan elections on dates to be scheduled by the
Commission on Elections.
"The conduct of the sangguniang kabataan elections shall be under the
supervision of the Commission on Elections.
"The Omnibus Election Code shall govern the elections of the sangguniang
kabataan."
Sec. 2. All laws, decrees, orders or administrative rules and regulations or
any part thereof which may be inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.
Sec. 3. This Act shall take effect immediately after its publication in at least
two (2) national newspapers of general circulation.
Approved: September 2, 1994.



Republic Act 8044
The Youth in Nation-Building Act
An act creating the National Youth Commission, establishing a National
Comprehensive and Coordinated Program on Youth Development,
Appropriating Funds Therefore, and for Other Purposes.
SEC. 10. Functions of the Commission. - The Commission shall have the
following functions:
(a) To formulate and initiate the national policy or policies on youth;
(b) To plan, implement, and oversee a national integrated youth promotion
and development program;
(c) To establish a consultative mechanism which shall provide a forum for
continuing dialogue between the government and the youth sector on the
proper planning and evaluation of policies, programs and projects affecting
the youth, convening for the purpose, representatives of all youth
organizations and institutions, including the Sangguniang Kabataan from
barangay, municipal, city, provincial, and national levels;
(d) To assist and coordinate with governmental and non- governmental
organizations or institutions in the implementation of all laws, policies,
programs and projects relative to youth promotion and development.
(e) To seek or request the assistance and support of any government
agency, office or instrumentality including government-owned or controlled
corporations, local government units as well as non- governmental
organizations or institutions in pursuance of its policies, programs and
projects;
(f) To conduct scientific, interdisciplinary and policy-oriented researches and
studies on youth-related matters, as well as trainings, seminars and
workshops that will enhance the skills and leadership potentials of the youth,
instilling in them nationalism and patriotism, with particular emphasis on
Filipino culture and values.
(g) To establish and maintain linkages with international youth and youth-
serving organizations or institutions and counterpart agencies of foreign
governments in order to facilitate and ensure the participation of the Filipino
youth in international functions and affairs;
(h) To administer youth exchange programs as well as the monitor and
coordinate all foreign-sponsored youth programs and projects such as the
Ship for Southeast Asian Youth Program and other similar exchanges and
goodwill missions;
(i) To establish such organizational structures including regional offices, as
maybe required to effectively carry out its functions;
(j) To conduct promotion and fund-raising campaigns in accordance with
existing laws;
(k) To allocate resources for the implementation of youth programs and
projects;
(l) To extend and provide support or assistance to deserving youth and youth
organizations including scholarship grants;
(m) To register, establish and/or facilitate and help in the establishment of
youth organizations and youth-serving organizations;
(n) To participate in international youth fora, symposia and organizations
such as the International Youth Forum, Asian Youth Council, ASEAN Youth
Forum, United Nations Commission for International Youth Year (IYY) and
other similar bodies;
(o) To provide training and a national secretariat for the Sangguniang
Kabataan National Federation pursuant to R.A. No. 7160, otherwise known
as the Local Government Code;
(p) To submit an annual report on the implementation of this Act to the
President and to Congress; and
(q) To perform such other functions as may be necessary to effectively and
efficiently carry out the provisions of this Act.




























Drilon vs Lim
GR No. 112497, August 4, 1994
FACTS:
Pursuant to Section 187 of the Local Government Code, the Secretary of
Justice had, on appeal to him of four oil companies and a taxpayer, declared
Ordinance No. 7794, otherwise known as the Manila Revenue Code, null and
void for non-compliance with the prescribed procedure in the enactment of
tax ordinances and for containing certain provisions contrary to law and
public policy.
In a petition for certiorari filed by the City of Manila, the Regional Trial Court
of Manila revoked the Secretarys resolution and sustained the ordinance,
holding inter alia that the procedural requirements had been observed. More
importantly, it declared Section 187 of the Local Government Code as
unconstitutional because of its vesture in the Secretary of Justice of the
power of control over local governments in violation of the policy of local
autonomy mandated in the Constitution and of the specific provision therein
conferring on the President of the Philippines only the power of supervision
over local governments. The court cited the familiar distinction between
control and supervision, the first being the power of an officer to alter or
modify or set aside what a subordinate officer had done in the performance
of his duties and to substitute the judgment of the former for the latter, while
the second is the power of a superior officer to see to it that lower officers
perform their functions is accordance with law.

ISSUES:
The issues in this case are

(1) Whether or not Section 187 of the Local Government Code is
unconstitutional; and

(2) Whether or not the Secretary of Justice can exercise control, rather than
supervision, over the local government


HELD:

The judgment of the lower court is reversed in so far as its declaration that
Section 187 of the Local Government Code is unconstitutional but affirmed
the said lower courts finding that the procedural requirements in the
enactment of the Manila Revenue Code have been observed.

Section 187 authorizes the Secretary of Justice to review only the
constitutionality or legality of the tax ordinance and, if warranted, to revoke it
on either or both of these grounds. When he alters or modifies or sets aside
a tax ordinance, he is not also permitted to substitute his own judgment for
the judgment of the local government that enacted the measure. Secretary
Drilon did set aside the Manila Revenue Code, but he did not replace it with
his own version of what the Code should be.

An officer in control lays down the rules in the doing of an act. It they are not
followed, he may, in his discretion, order the act undone or re-done by his
subordinate or he may even decide to do it himself. Supervision does not
cover such authority. The supervisor or superintendent merely sees to it that
the rules are followed, but he himself does not lay down such rules, nor does
he have the discretion to modify or replace them. In the opinion of the Court,
Secretary Drilon did precisely this, and no more nor less than this, and so
performed an act not of control but of mere supervision.

Regarding the issue on the non-compliance with the prescribed procedure in
the enactment of the Manila Revenue Code, the Court carefully examined
every exhibit and agree with the trial court that the procedural requirements
have indeed been observed. The only exceptions are the posting of the
ordinance as approved but this omission does not affect its validity,
considering that its publication in three successive issues of a newspaper of
general circulation will satisfy due process.




Andaya vs RTC, Cebu City, Br. 20 [319 SCRA 296; GR 126661, Dec
3, 1999]
(Public Officers, Appointments, PNP)
Facts: Petitioner Andaya, Regional Director, Regional Police Command No.
7, submitted to the City Mayor of Cebu a list of 5 eligibles for the mayor to
choose one to be appointed as the chief of police of Cebu City. The mayor
did not choose anyone from the list because the name of his protg was not
included therein.
The City of Cebu filed a complaint against the petitioner to require him to
include the mayors protg in the list of 5 eligibles to be recommended by
the Regional Police Director to the mayor.
Petitioner refuses stating that aside from the fact that said protg is not
qualified; the power to designate the chief of police of Cebu City is vested
with the Regional Director. However, the mayor is authorized to choose the
chief of police from a list of 5 eligibles submitted by the Regional Director.
Under RA 6975, Sec 51, the mayor of Cebu City shall be deputized as
representative of the National Police Commission in his territorial jurisdiction
and as such the mayor shall have authority to choose the chief of police from
a list of 5 eligibles recommended by the Police Regional Director. Then the
Regional Director, RPC No.7, appoints the officer selected by the mayor as
the Chief of Police, Cebu City.
Issue: WON the mayor has the authority to appoint the Chief of Police.
Held: No. As deputy of the Commission, the authority of the mayor is very
limited. In reality, he has no power of appointment; he has only the limited
power of selecting one from among the list of 5 eligibles to be named the
chief of police. Actually, the power to appoint the chief of police of Cebu City
is vested in the Regional Director.
Moreover, it is the prerogative of the Regional Police Director to name the 5
eligibles from a pool of eligible officers without interference from local
executives. Hence, the mayor cannot require the petitioner to include the
mayors protg in the list of 5 eligibles to be recommended by the Regional
Police Director to the mayor.





























MMDA vs. Bel-Air Village [328 SCRA 836; G.R. No. 135962; 27 Mar 2000]

Facts: Metropolitan Manila Development Authority (MMDA), petitioner
herein, is a Government Agency tasked with the delivery of basic services in
Metro Manila. Bel-Air Village Association (BAVA), respondent herein,
received a letter of request from the petitioner to open Neptune Street of Bel-
Air Village for the use of the public. The said opening of Neptune Street will
be for the safe and convenientmovement of persons and to regulate the flow
of traffic in Makati City. This was pursuant to MMDA law or Republic Act No.
7924. On the same day, the respondent was appraised that
the perimeter wall separatingthe subdivision and Kalayaan Avenue would be
demolished.

The respondent, to stop the opening of the said street and demolition of the
wall, filed a preliminary injunction and a temporary restraining order.
Respondent claimed that the MMDA had no authority to do so and the lower
court decided in favor of the Respondent. Petitioner appealed the decision of
the lower courts and claimed that it has the authority to open Neptune Street
to public traffic because it is an agent of the State that can practice police
power in the delivery of basic services in Metro Manila.


Issue: Whether or not the MMDA has the mandate to open Neptune Street
to public traffic pursuant to its regulatory and police powers.


Held: The Court held that the MMDA does not have the capacity
toexercise police power. Police power is primarily lodged in the National
Legislature. However, police power may be delegated to government units.
Petitioner herein is a development authority and not a political government
unit. Therefore, the MMDA cannot exercise police power because it cannot
be delegated to them. It is not a legislative unit of the government. Republic
Act No. 7924 does not empower the MMDA to enact ordinances, approve
resolutions and appropriate funds for the general welfare of the inhabitants of
Manila. There is no syllable in the said act that grants MMDA police power.

It is an agency created for the purpose of laying down policies
andcoordinating with various national government agencies, peoples
organizations, non-governmental organizations and the private sector for the
efficient and expeditious delivery of basic services in the vast metropolitan
area.



























Vidal v. Escueta, G.R. No. 156225, Real Parties in Interest
Real parties in interest.
Facts: An estate- a parcel of land and the house thereon, was leased to
Rainier Llanera, who sublet the same to 25 persons. When the owners
decided to sell the property, Ma. Teresa Escueta, atty-in-fact and as a co-
owner of the property, filed an ejectment case against Llanera and the sub-
lessees before the Lupon of Barangay. On May 1999, Escueta and Llanera,
and the sub-lessees, executed an Amicable Settlement, where they agreed
among others that lessee and sub-lessee shall vacate the property on or
before December 1999. The parties did not repudiate the amicable
settlement within ten days from the execution thereof. Meantime the property
was sold but the full payment was not yet handed to the sellers since the
lessee and the sublessees have not yet vacated the property. Later, Llanera
and twenty of the sub-lessees also vacated the property except petitioners
who remained in the property and refused to vacate the property despite
extensions given to them, thus, prompting Escueta to file a verified Motion
for Execution against the sub-lessees with the MTC for the enforcement of
the amicable settlement and the issuance of a writ of execution. The Motion
was denied. The court held that the plaintiff was not the real party-in-interest
as the subject property had already been sold. Is the ruling correct? Explain.
Held: No.
1.) The respondent is the real party-in-interest to enforce amicable
settlement. (See Rule 3, Section 2 of the Rules of Court). The party-in-
interest applies not only to the plaintiff but also to the
defendant. Interest within the meaning of the rules means
material interest, an interest in issue and to be affected by the
decree as distinguished from mere interest in the question
involved, or a mere incidental interest. A real party in interest is
one who has a legal right. Since a contract may be violated only by the
parties thereto as against each other, in an action upon that contract,
the real parties-in-interest, either as plaintiff or as defendant, must be
parties to the said contract. The action must be brought by the person
who, by substantive law, possesses the right sought to be enforced. In
this case, the respondent was the party in the amicable settlement. She
is the real party-in-interest to enforce the terms of the settlement
because unless the petitioners vacate the property, the balance of the
purchase price will not be paid to them. (Vidal v. Escueta, G.R. No.
156225, December 10, 2003).



























RULE 5 - BRGY
CRISANTA MIGUEL v. JERRY MONTANEZ
GR 191336
January 25, 2012

FACTS:

- MONTANEZ secured a loan P 143,864
- Payable in 1 year OR until Feb 1, 2002
- From MIGUEL
- Collateral house and lot located at Caloocan
- Failure to pay the loan
- MIGUEL filed before the Lupong tagapamayapa of Brgy San Jose,
Rodriguez, Rizal
- Entered into a KASUNDUANG PAGAAYOS
o Respondent agreed to pay
o Installments
o 2K/month
o Fail settle in full
- Res failed to pay
- Lupong issued a CERTIFICATION to file action in court in favor of
MIGUEL
- Filed before MTC Makati Collection of sum of money
- ANSWER: Improper venue (petitioner was resident of Caloocan
while he lived in Rizal)
- MTC: ordered JERRY to pay
- Appeal to RTC of MAKATI
o Respondent raised the same issue
- RTC affirmed MTC
- Appeal to CA
o Whether or not venue was improperly laid AND
o Whether kasunduang pag-aayos effectively novated the loan
agreement
- CA: Reversed and set aside RTC
o No novation
o Merely supplemented the old agreement
o Such pagaayos has the force and effect of a court judgment
- Filed with SC

ISSUES:
a. Whether complaint for sum of money is the proper remedy for the
petitioner, notwithstanding the Kasunduang Pagaayos
b. Whether CA should have decided the case on the merits rather the
case for the enforcement of the Kasunduan

HELD:
a. Respondent failed to comply with the kasunduan, agreement is
deemed RESCINDED (Art 2041)
i. Can enforce action for collection of sum of money
b. Cause of action arose from the loan agreement not the pagaayos.
i. Compromise: effect and authority of res judicata but
there shall be no execution except in compliance
with a judicial compromise
ii. Even if not judicially approved
iii. Akin to a judgment that is subject to execution
iv. Enforced within 6 months from date of settlement by
filing an action to enforce inappropriate city or
municipal court, IF BEYOND 6 MONTH PERIOD.
c. 1
ST
: Under the LOCAL GOVT CODE and KATARUNGANG
PAMBARANGAY IRR
i. Punong barangay is called to hear and determine
solely the fact of non-compliance of the terms and
settlement and to give the defaulting party another
chance to VOLUNTARILY COMPLY with his
obligation
d. 2
ND
: proceedings are governed by the ROC
i. Cause of action is the amicable settlement itself, by
operation of law, has the force and effect of a final
judgment.
e. Enforcement by execution of amicable settlement is only applicable if
the contracting parties have not repudiated such settlement within 20
days from date thereon
i. Accordance with: Sec 416 of the LGC or ROC
ii. Considered rescinded and insist upon his original
demand
iii. Fail to abide by the compromise, the other party
may either enforce the compromise or regard it as
rescinded and insist upon his original demand
iv. 2041: consider it rescinded; authority to insits on the
original demand
1. No action for rescission is required
2. Pursue suit as if there had never been any
compromise
3. Without bringing an action for rescission
4. Need not ask for judicial declaration of
rescission
5. Regrard compromise agreement as
rescinded
v. 2039: cause of annulment or rescission
f. 2-TIERED MODE OF ENFORCEMENT OF AN AMICABLE
SETTLEMENT:
i. Execution by the punong barangay (quasi-judicial
and summary in nature) AND
ii. Action in regular form, which remedy is judicial
g. Petitioners noncompliance paved way for application of 2041,
enforce compromise
i. Following the procedure of Revised Katarungang
Pambarangay Law OR
ii. Regard as rescinded and insist on his original
demand
h. Respondent choose the latter option when instituted the case
i. Non-compliance considered as REPUDIATION
i. Did not intend to be bound by the terms thereof
ii. Petition has the option
j. Having instituted a collection for sum of money, petitioner obviously
chose to rescind the agreement
k. CA erred when it remanded the case to the trial court
i. Fact that petitioner opted it to be rescinded, CA
should decide on the merits of the case
ii. Kasunduang Pagaayos well nigh incontrovertible
proof of the respondents indebtedness with the
petitioner as it was executed precisely to give the
repspndent a second chance to make good on his
undertaking.
l. PETITION GRANTED.


































ALU VS LETRONDO
Associated Labor Union entered into a Collective Bargaining Agreement
(CBA) with AMS Farming Corporation in 1990. The CBA was to be effective
from 1990 to 1995. Part of the CBA provides that AMS Farming shall be
paying for holiday pay which shall include among others local and national
elections. In 1992, the President declared December 4, 1992 as a general
election for Sanggunian Kabataan throughout the nation. AMS Farming did
not pay any holiday for said day as it argued that said election by any stretch
of the imagination cannot be considered as a local election within the
meaning of CBA because not all people can vote in the said election but only
qualified youths. The issue was submitted to a voluntary arbitrator (Rosalina
Letrondo-Montejo) and the arbiter ruled in favor of AMS Farming.
ISSUE: Whether or not the SK Election held on December 4, 1994 is a
holiday.
HELD: Yes. It is in fact a regular election as even defined by the Revised
Administrative Code of 1987. It was even announced through the media that
such day is a nonworking holiday. Consequently, whether in the context of
the CBA or the Labor Code, December 4, 1992 was a holiday for which
holiday pay should be paid by AMS Farming Corporation.







































GARVIDA VS SALES
FACTS:
In 1996, Lynette Garvida filed her candidacy to the position of Chairman of
the Sangguniang Kabataan (SK) of a barangay in Bangui, Ilocos Norte. Her
candidacy was opposed by her rival Florencio Sales, Jr. on the ground that
she is over 21 years old (21 years old, 9 months at the time of the filing).
Nevertheless, the trial court ordered that she be admitted as a candidate and
the SK elections went on. Sales, in the meantiume, filed a petition to cancel
the certificate of candidacy of Garvida. When the elections results came in,
Garvida won with a vote of 78, while Sales got 76. Garvida was eventually
proclaimed as winner but had to face the petition filed by Sales.
Garvida, in her defense, averred that Section 424 of the Local Government
Code (LGC) provides that candidates for the SK must be at least 15 years of
age and a maximum age of 21 years. Garvida states that the LGC does not
specify that the maximum age requirement is exactly 21 years hence said
provision must be construed as 21 years and a fraction of a year but still less
than 22 years so long as she does not exceed 22 she is still eligible
because she is still, technically, 21 years of age (although she exceeds it by
9 months).
ISSUE: Whether or not Garvida met the age requirement.
HELD: No. Section 424 of the Local Government Code provides that
candidates for SK must be:
1. Filipino citizen;
2. an actual resident of the barangay for at least six months;
3. 15 but not more than 21 years of age; and
4. duly registered in the list of the Sangguniang Kabataan or in the
official barangay list.
The provision is clear. Must not be more than 21 years of age. The said
phrase is not equivalent to less than 22 years old. The law does not state
that the candidate be less than 22 years on election day. If such was the
intention of Congress in framing the LGC, then they should have expressly
provided such.
Sales claims that he obtained the second highest number of vote,
hence he should be declared as the SK Chairman, is this a valid
contention?
No. Applying the ruling in Labo vs COMELEC, a defeated candidate, though
obtaining the second highest number of vote, is not deemed to have been
elected by reason of the winners eventual disqualification/ineligibility. He
cannot be declared as successor simply because he did not get the majority
or the plurality of votes the electorate did not choose him. It would have
been different if Sales was able to prove that the voters still voted for Garvida
despite knowing her ineligibility, this would have rendered her votes stray.
Under Section 435 of the LGC, the SK Chairman should be succeeded by
the SK member who obtained the highest number of votes, should the SK
member obtaining such vote succeed Garvida?**
(**Not to be confused with Sales situation Sales was a candidate for SK
chairmanship not SK membership.)
The above argument cant be considered in this case because Section 435
only applies when the SK Chairman refuses to assume office, fails to qualify,
is convicted of a felony, voluntarily resigns, dies, is permanently
incapacitated, is removed from office, or has been absent without leave for
more than three (3) consecutive months. Garvidas case is not what Section
435 contemplates. Her removal from office by reason of her age is
a question of eligibility. Being eligible means being legally qualified;
capable of being legally chosen. Ineligibility, on the other hand, refers to the
lack of the qualifications prescribed in the Constitution or the statutes for
holding public office. Ineligibility is not one of the grounds enumerated in
Section 435 for succession of the SK Chairman.











ALINSUG V. RTC AND MAYOR PONSECA GR No. 108232; August 23,
1993; J. Vitug

FACTS: Zonsayda Alinsug, had been a regular employee of the municipal
government of Escalante, Negros Occidental, when she received a
permanent appointment as Clerk III in the office of the Municipal Planning
and Development Coordinator of the same municipality.
The newly proclaimed mayor, Rolando Ponsica detailed her to the Office of
the Mayor.
On 19 June 1992, Zonsayda absented herself from work allegedly to attend
to family matters. She had asked permission from the personnel officer but
not from the mayor.
Mayor Ponsica issued Office Order No. 31, suspending Zonsayda for one
month and one day commencing on 24 June 1992 for "a simple misconduct
which can also be categorized as an act of insubordination." The order also
stated that the suspension "carries with it forfeiture of benefits such as salary
and PERA and leave credits during the duration of its effectivity."
Zonsayda filed with the RTC a petition for injunction with damages. She
alleged that her suspension was an act of political vendetta because her
family supported Mayor Ponsicas rival in the 11 May 1992 elections.
Mayor Ponsica, through private practitioner Samuel SM Lezama, claimed
that Zonsayda had not yet exhausted administrative remedies and that her
suspension was in accordance with law.
The foregoing elicited a motion from the petitioner, praying that the answer
be disregarded and expunged from the record, and that the respondents be
all declared in default on the ground that since the respondents were sued in
their official capacities, "not including their private capacities," they should
have been represented by either the municipal legal officer or the provincial
legal officer or prosecutor as provided for by Sec. 481 (b) (i) and (3) of the
Local Government Code.
It also cited Sec. 1 of Rep. Act No. 10 and Art. 177 of the RPC which
penalizes usurpation of public authority.
The respondents opposed the motion.

Manifesting that the municipality of Escalante has no legal officer, they
asserted that both the Local Government Code and the Administrative Code
of 1987 do not have any provision "relative to the duty of any provincial legal
officer or prosecutor to represent a municipality or its officials in suits filed
against them by an employee or a private individual."
They contended that it was "unnecessary to provide such a provision
because there (exist) administrative and judicial rulings sustaining the validity
of the employment of a private counsel by municipal officials.
The lower court issued the Order denying the motion on the thesis that since
the appointment of a legal officer was optional on the part of the municipal
government (Art. 481, third paragraph, Local Government Code) and the
municipality of Escalante had not, in fact, designated any such legal officer,
petitioner's move to declare respondents in default "for having retained a
private counsel" was not thereby legally sustainable.
ISSUE: WON a private counsel may represent municipal officials sued in
their official capacities
HELD: Yes
RATIO: In Province of Cebu V. IAC (1987), SC held that where rigid
adherence to the law on representation of local officials in court actions could
deprive a party of his right to redress for a valid grievance, the hiring of a
private counsel would be proper.
And, in Albuera v. Torres, this Court also said that a provincial governor sued
in his official capacity may engage the services of private counsel when "the
complaint contains other allegations and a prayer for moral damages, which,
if due from the defendants, must be satisfied by them in their private
capacity."
The key then to resolving the issue of whether a local government official
may secure the services of private counsel, in an action filed against him in
his official capacity, lies on the nature of the action and the relief that is
sought.
While the petition below was filed against respondents as public officials, its
allegations were also aimed at questioning certain acts that can well bring
the case beyond the mere confines of official functions.
The petition also claims moral and exemplary damages, as well as litigation
expenses. Moral damages cannot generally be awarded unless they are the
proximate result of a wrongful act or omission. Exemplary damages, on the
other hand, are not awarded if the defendant had not acted in a wanton,
oppressive or malevolent manner nor in the absence of gross or reckless
negligence.
A public official, who in the performance of his duty acts in such fashion,
does so in excess of authority, and his actions would be ultra vires that can
thereby result in an incurrence of personal liability.

















































GORDON VS. VERIDIANO II
167 SCRA 51
CRUZ; November 8, 1988

FACTS
- The San Sebastian Drug Store (SSDS) and the Olongapo City Drug Store (OCDS),
both owned by respondent Rosalinda Yambao, are located a few meters from each
other in the same building in Olongapo City. They were covered by Mayor's Permits
issued for the year 1980 and licenses to operate issued by the Food and Drug
Administration (FDA) for the same year.

- In 1980, a joint team of agents from the FDA and narcotics agents from the
Philippine Constabulary conducted a "test buy" at SSDS and was sold 200 tablets of
Valium 10 mg. worth P410 without a doctor's prescription. A report on the operation
was submitted to Mayor Richard Gordon of Olongapo City. He issued a letter
summarily revoking the stores Mayor's Permit of SSDS "for rampant violation of the
Pharmacy Law and the Dangerous Drugs Act of 1972."

- Acting on the same investigation report of the "test-buy," and after hearing, FDA
Administrator Arsenio Regala directed the closure of the drug store for 3 days and its
payment of a P100 fine for violation of R.A. 3720. He also issued a stern warning to
Yambao against a repetition of the infraction. Later, the FDA lifted its closure order
after noting that the penalties imposed had already been discharged and allowed the
drug store to resume operations. Valium is not a prohibited drug, which is why the
penalty imposed was only a 3-day closure and a fine of P100.

- Yambao wrote a letter to Mayor Gordon seeking reconsideration of the revocation of
the Mayor's Permit. Having received no reply, she filed with the RTC of Olongapo City
a complaint for mandamus and damages, with a prayer for a writ of preliminary
injunction, against Mayor Gordon. On the same day, Yambao requested permission
from the FDA to exchange the locations of the two stores for reasons of "business
preference." The request was granted but Mayor Gordon disapproved the transfers
and suspended the Mayor's Permit for the OCDS. The CFI issued a writ of preliminary
prohibitory injunction against Mayor Gordon.

ISSUE
WON Mayor Gordon may, in the exercise of his power, prevent the operation of the
drug stores previously permitted by the FDA.

HELD
NO (SSDS) and YES (OCDS).
Ratio The power to approve a license includes by implication, even if not expressly
granted, the power to revoke it. By extension, the power to revoke is limited by the
authority to grant the license, from which it is derived in the first place.
Reasoning If the FDA grants a license upon its finding that the applicant drug store
has complied with the requirements of the general laws and the implementing
administrative rules and regulations, it is only for their violation that the FDA may
revoke the said license. By the same token, having granted the permit upon his
ascertainment that the conditions as applied particularly to Olongapo City have been
complied with, it is only for the violation of such conditions that the mayor may revoke
the said permit.

- In this case, the closure of the San Sebastian Drug Store was ordered by the FDA
for violation of its own conditions, which it had the primary power to enforce. By
revoking the mayor's permit on the same ground for which the SSDS had already
been penalized by the FDA, the mayor was in effect reversing the decision of the
latter on a matter that came under its jurisdiction. As the infraction involved the
pharmacy and drug laws which the FDA had the direct responsibility to execute, the
mayor had no authority to interpose his own findings on the matter and substitute
them for the decision already made by the FDA.

- It would have been different if the offense condoned by the FDA was a violation of a
city ordinance. The city executive may ignore such condonation and revoke the
mayor's permit just the same. In this situation, he would be acting properly because
the enforcement of the city ordinance is his own prerogative. In this case, the
condition allegedly violated related to a national law, not to a matter of merely local
concern, and so came under the jurisdiction of the FDA.

- Factual findings of administrative authorities are accorded great respect because of
their acknowledged expertise in the fields of specialization to which they are
assigned. Even the courts of justice, including this Court, are concluded by such
findings in the absence of a clear showing of a grave abuse of discretion, which is not
present in the case at bar. For all his experience in the enforcement of city
ordinances, Mayor Gordon cannot claim the superior aptitudes of the FDA in the
enforcement of the pharmacy and drug addiction laws. He should therefore also be
prepared, like the courts of justice themselves, to accept its decisions on this matter.

- It is also worth noting that the San Sebastian Drug Store was penalized by the FDA
only after a hearing at which Yambao appeared and testified. By contrast, the
revocation of the mayor's permit was merely communicated to her in a letter without
any hearing. If only for the violation of due process, the mayor's arbitrary action can
be annulled.

- The indefinite suspension of the mayor's permit for Olongapo City Drug Store was
based on its transfer to the site of the SSDS as approved by the FDA but without
permission from the mayor. On this matter, the Court believes that the final decision
rested with the mayor. The condition violated related more to the location in Olongapo
City of business establishments in general than to the regulation of drug stores in
particular. It therefore came under Mayor Gordon's jurisdiction.

- The reason for disapproving the transfer was the violation of the Mayor's Permit
which by its terms was valid only at the place stated therein. We find that that reason
was valid enough. The permit clearly allowed the drug store to operate in the address
given and not elsewhere. No hearing was necessary because the transfer without the
mayor's permission is not disputed and was in fact impliedly admitted by Yambao.
The Mayor's Permit for SSDS could also have been validly suspended for the same
reason were it not for the fact that such permit was revoked on the more serious
ground of violation of the Pharmacy Law and the Dangerous Drugs Act of 1972.

- It is understood, however, that the suspension should be deemed valid only as the
two drug stores have not returned to their original sites as specified in their respective
permits. Indefinite suspension will amount to a permanent revocation, which will not
be a commensurate penalty with the degree of the violation being penalized. The
Court adds that the request for transfer, if properly made, may not be validly denied in
the absence of a clear showing that the transfer sought will prejudice the residents of
the city. As the two drug stores are only a few meters from each other, and in the
same building, there would seem to be no reason why the mere exchange of their
locations should not be permitted.

Dispositive Orders of the CFI MODIFIED in the sense that suspension of Mayor's
Permit for OCDS considered valid but only until the two drug stores return to their
original sites as specified in the FDA licenses and the mayor's permits or until the
request for transfer, if made, is approved by the petitioner. The rest of the said Orders
are AFFIRMED.











































ACEBEDO OPTICAL VS CA
Acebedo Optical applied for a business permit to operate in Iligan City. After
hearing the sides of local optometrists, Mayor Cabili of Iligan granted the
permit but he attached various special conditions which basically made
Acebedos dependent upon prescriptions to be issued by local optometrists.
Acebedo is not allowed to practice optometry within the city.
Acebedo however acquiesced to the said conditions and operated under the
permit. Later, Acebedo was charged for violating the said conditions and was
subsequently suspended from operating within Iligan. Acebedo then assailed
the validity of the attached conditions.
The local optometrists argued that Acebedo is estopped in assailing the said
conditions because it acquiesced to the same and that the imposition of the
special conditions is a valid exercise of police power; that such conditions
were entered upon by the city in its proprietary function hence the permit is
actually a contract.
ISSUE: Whether or not the special conditions attached by the mayor is a
valid exercise of police power.
HELD: NO. Acebedo was applying for a business permit to operate its
business and not to practice optometry (the latter being within the jurisdiction
PRC Board of Optometry). The conditions attached by the mayor is ultra
vires hence cannot be given any legal application therefore estoppel does
not apply.
It is neither a valid exercise of police power. Though the mayor can definitely
impose conditions in the granting of permits, he must base such conditions
on law or ordinances otherwise the conditions are ultra vires. Lastly, the
granting of the license is not a contract, it is a special privilege estoppels
does not apply.
ISSUE:
Whether or not the imposition of special conditions by the
public respondents were acts ultra vires
RULING:

Police Power exercised by LGUs

Police power as an inherent attribute of sovereignty is the power to prescribe
regulations to promote the health, morals, peace, education, good order or
safety and general welfare of the people. The State, through the legislature,
has delegated the exercise of police power to local government units, as
agencies of the State, in order to effectively accomplish and carry out the
declared objects of their creation. This delegation of police power is
embodied in the general welfare clause of the Local Government Code xxx

The scope of police power has been held to be so comprehensive as to
encompass almost all matters affecting the health, safety, peace, order,
morals, comfort and convenience of the community. Police power is
essentially regulatory innature and the power to
issue licenses or grant business permits, if exercised for a regulatory and not
revenue-raising purpose, is within the ambit of this power.

Power of city mayor to grant business permits

The authority of city mayors to issue or grant licenses and
business permits is beyond cavil. It is provided for by law.

xxxx

However, the power to grant or issue licenses or business permits must
always be exercised in accordance with law, with utmost observance of the
rights of all concerned to due process and equal protection of the law.

But can city mayor cancel business permits or impose special
conditions? As aptly discussed by the Solicitor General in his Comment, the
power to issue licenses and permits necessarily includes the corollary power
to revoke, withdraw or cancel the same. And the power to revoke or cancel,
likewise includes the power to restrict through the imposition of certain
conditions.

Did the conditions or restrictions imposed amount to a confiscation of the
business?

Distinction must be made between the grant of a license or permit to do
business and the issuance of a license to engage in the practice of a
particular profession. The first is usually granted by the local authorities and
the second is issued by the Board or Commission tasked to regulate the
particular profession. A business permit authorizes the person, natural or
otherwise, to engage in business or some form of commercial activity. A
professional license, on the other hand, is thegrant of authority to a natural
person to engage in the practice or exercise of his or her profession.

In the case at bar, what is sought by petitioner from respondent City Mayor is
a permit to engage in the business of running an optical shop. It does not
purport to seek a license to engage in the practice of optometry as a
corporate body or entity, although it does have in its employ, persons who
are duly licensed to practice optometry by the Board of Examiners in
Optometry.