Escolar Documentos
Profissional Documentos
Cultura Documentos
vol. XXIV, NO. 16 Bicol, the philippines november 6-12, 2016 P5.00
3rd Floor, GERONIMO BLDG., BARLIN ST., NAGA CITY TELEPHONE: (054) 884-93-76 CP 0921-3183720 / 0919-2822901 / 0920-5337766
RESOLUTION NO. 96 Non-compliance with the foregoing requirements shall cause the dismissal of
Series of 2016 the complaint, at the discretion of the sanggunian.
RESOLUTION ENACTING AN ORDINANCE ADOPTING A REVISED RULES SECTION 3. Where filed.- Two (2) copies of the complaint plus additional cop-
OF PROCEDURE IN THE CONDUCT OF ADMINISTRATIVE INVESTIGATION ies corresponding to the number of respondent/s shall be filed with the Office of the
AGAINST ELECTIVE BARANGAY OFFICIALS WITHIN THE MUNICIPALITY OF Sanggunian Secretary, which shall be included in the calendar of business on the
CARAMOAN, CAMARINES SUR next regular session immediately following the day of the receipt of the complaint.
A copy of the complaint shall be furnished by the complainant to each of the
WHEREAS, presented for consideration and prompt action by this august body following:
was the aforecited ordinance; a) The office of the Municipal Mayor;
b) The Municipal Local Government Operations Officer (MLGOO) of the DILG
WHEREAS, there is an existing Rules of Procedure in the conduct of Admin- assigned at the municipality.
istrative Investigation against elective barangay officials of Caramoan, Camarines
Sur which the Committee on Rules and Privileges proposed to revise. No complaint shall be accepted unless the foregoing requirements are com-
plied, with proof of service that copies were furnished to the Municipal Mayor and
WHEREAS, after mature deliberation, it was unanimously decided by the body the MLGOO of the DILG.
to approve it as recommended by the Committee on Rules and Privileges.
SECTION 4. Complaint filed with other agency.- If a complaint is filed with an-
WHEREFORE, the foregoing premises considered, on motion by Hon. Elvis C. other government agency , the same maybe referred to and accepted by the Sang-
Alarkon, duly seconded by Hon. Francis R. Benemerito, be it gunian , provided, it complies with all the requirements as provided in the immediate
two (2) preceding sections.
RESOLVED by the Sangguniang Bayan of Caramoan, Camarines Sur, in ses-
sion assembled, to enact the following ordinance, to wit: SECTION 5. Anonymous complaint.- No action shall be taken on anonymous
complaint for non-compliance of the requirements.
MUNICIPAL ORDINANCE NO. 02 SECTION 6. 90-day ban. No complaint shall be accepted within (90) days im-
Series of 2016 mediately prior to any local election.
RULE 2 No answer shall be accepted unless the foregoing requirements are complied,
GROUNDS FOR ADMINISTRATIVE DISCIPLINARY ACTION with proof of service that copies were furnished to the foregoing parties/persons/
entities.
SECTION 1. Grounds. - (1) An elective barangay official may be disciplined,
SECTION 4. Failure to answer.- Unreasonable failure of respondents to file his
suspended, or removed from office on any of the following grounds:
verified answer within fifteen (15) days from the receipt of the complaint against him
a) Disloyalty to the Republic of the Philippines;
shall be considered as waiver of his rights to present evidence in his behalf.
b) Culpable violation of the Constitution;
No motion shall be allowed in lieu of the answer.
c). Dishonesty, oppression, misconduct in the office, gross negligence, or der-
eliction of duty;
RULE 5
d). Commission of any offense involving moral turpitude or any offense punish-
EVALUATION
able by at least prision mayor, which is from six (6) years and one (1) day
to twelve (12) years imprisonment; SECTION 1. Evaluation. Upon receipt of the answer, the Sanggunian shall, in
e). Abuse of authority; its regular session, determine the existence of a probable cause, and within ten (10)
f). Unauthorized absence for fifteen (15) consecutive working days in case of days commence the investigation through the creation by resolution of an ad hoc
local chief executives and four (4) consecutive sessions in case of mem- committee or Committee of the Whole which shall be composed of all the members
bers of the Sanggunian; of the Sangguniang Bayan with the vice mayor as chairman;
g). Application for, or acquisition of, foreign citizenship or residence status of If there exist no prima facie evidence against the respondent, the Sanggunian
an immigrant of another country; and may motu propio dismiss the case.
h). Such other grounds as may be provided by the Local Government Code
of 1991, Republic Act No. 6713, Republic Act No. 3019, Civil Service Law, RULE 6
Revised Penal Code and all other applicable general and special laws, PREVENTIVE SUSPENSION
(2) An elective barangay official may only be removed from office on the ground SECTION 1. Determination.- After the issues are joined, when the evidence of
enumerated above by order of the proper court. guilt is strong, and given the gravity of the offense, there is great probability that the
continuance in the office of the respondent could influence the witnesses or pose a as the case of contempt of court and, upon application by the Committee , shall be
threat to the safety and integrity of the records and other evidence, the committee dealt with by the judge of the proper regional trial court in the manner provided for
may recommend to the Sanggunian that respondent be placed under preventive under Book II, Chapter 3, Section 13, in relation to Chapter 1, Section 2 (1), of the
suspension which shall not extend beyond sixty (60) days; Provided , That in the Administrative Code of 1987.
event that several administrative cases are filed against the respondents , he can- The Committee is also authorized to issue interlocutory orders.
not be preventively suspended for more than ninety (90) days within a single year
on the same ground or grounds existing and known at the time of the first suspen- SECTION 4. Notice of Hearing. The parties their witnesses shall be notified of
sion. the scheduled of hearing at least five (5) days before the date thereof , stating the
date, time and place of hearing.
SECTION 2. Imposition.- Upon receipt of the Resolution of the Sanggunian
directing the preventive suspension to the respondent, the municipal mayor shall is- SECTION 5. Venue of hearing.- the formal investigation as contemplated in this
sue the order imposing the preventive suspension to the respondent without delay. rule shall be conducted in the session hall of the Sanggunian.
A copy of the order duly served shall be furnished the Sanggunian, the MLGOO SECTION 6. Request for subpoena.- if a party desires the attendance of a wit-
and other departments of the municipality for their information and appropriate ac- ness or the production of documents , he should formally request for the issuance
tion. of the necessary subpoena or subpoena duces tecum at least three (3) days before
the scheduled hearing.
SECTION 3. 90-day-ban.- No preventive suspension shall be imposed within
ninety (90) days immediately prior to any local election. If the preventive suspension SECTION 7. Postponement. No postponement shall be allowed unless for mer-
has been imposed prior to the 90-day period immediately preceding a local election, itorious grounds, which in no case be more than once during the entire proceeding.
it shall be deemed automatically lifted upon the start of the aforesaid period.
SECTION 8. Stenographic record of proceeding. - The testimony of each wit-
SECTION 4. Automatic reinstatement.-Upon expiration of the preventive sus- ness and the manifestation of the parties of the counsels during an investigation
pension, the suspended barangay official shall be deemed reinstated in office, with- shall be taken in shorthand or stenotype, tape-recorded or any other mode of record-
out prejudice to the continuation of the proceedings against him, which shall be ing. A transcript of the proceedings made by the official stenographer or stenotypist,
terminated within one hundred twenty (120) days from the time he was formally and duly certified by him shall prima facie a correct statement of such proceedings.
notified of the case against him. However, if delay in the proceeding of the case is The stenographer, stenotypist or any personnel assigned to record the pro-
due to fault, or request, other than the appeal duly filed, the duration of such delay ceedings shall immediately transcribe the same and prepare the transcript thereof
shall not be counted in computing the time of termination of the case. without any delay.
The transcripts of the proceedings shall be paged consecutively and in chrono-
SECTION 5. Salary of respondent pending suspension.- The respondent who logical order, sewed on the left hand side, and properly indexed, showing the page
is preventively suspended from office, shall receive no salary or compensation dur- on which the testimony of each witness begins. All transcript of proceedings shall
ing such suspension; but upon subsequent exoneration and reinstatement, he shall be filed in a separate folder.
be paid his full salary or compensation , including such emoluments accruing during The parties may request copies of the transcripts upon payment of the required
such suspension. fees.
RULE 7 SECTION 9. Order of hearing. The order of the hearing shall be as follows:
PRELIMINARY CONFERENCE a) The complainant shall produce the evidence on his part;
b) The respondent shall offer evidence in support of his defense; and
SECTION 1. Preliminary Conference.- The Committee shall within (10) days c) The parties may then respectively offer rebutting evidence unless the
from its constitution summon the parties to a preliminary conference to consider the Committee for good reasons and in the furtherance of justice, permits them
following: to offer evidence upon their original case.
a) Whether the parties could agree on amicable settlement;
b) Whether the parties desire a formal investigation or are willing to submit SECTION 10. Order of Examination. The order in which a witness may be ex-
the case for resolution upon submission of their respective position papers amined shall be as follows:
together with their documentary evidences; a) Direct examination by the proponent;
c) If the parties desire a formal investigation, to consider the simplification b) Cross-examination by the opponent;
of issues, the possibility of obtaining stipulation or admission of facts and c) Re-direct examination by the proponent; and
of documents, specifically affidavits and depositions, the limitation of the d) Re-cross examination by the opponent.
number of witnesses, dates of hearing, and such other matters as may aid
the prompt disposition of the case. The affidavit of the witness shall constitute his direct testimony but the same
must be identified and affirmed by him before his cross-examination.
SECTION 2. Preliminary conference brief.-The parties may submit their respec- The parties are required to furnish each other copies of the affidavits of their re-
tive preliminary conference brief containing the matters found in the foregoing sec- spective witnesses at least five (5) days before the scheduled hearing, unless said
tion and such other matters that will aid the Committee in the expeditious resolution affidavits are attached to the complaint and the answer.
of the case, at least three (3) days before the date of the scheduled preliminary
conference, and a copy furnished to the other party. SECTION 11.Termination of formal investigation. The formal investigation of the
case shall be determined by the Committee within ninety (90) days from the start
SECTION 3. Amicable settlement, compromise and arbitration.- The Commit- thereof, unless there are justifiable grounds for extension.
tee shall encourage the parties and their counsels to enter, at any stage of the
proceedings, into amicable settlement, compromise or arbitration, the terms and SECTION 12. Memorandum. Within fifteen (15) days after the termination of the
conditions of which shall be subject to the approval of the Sanggunian. formal investigation, the parties shall submit their respective memoranda, stating
clearly and distinctly the facts and the law upon which they are based, serving each
SECTION 4. Preliminary conference order.-After the preliminary conference, other a copy thereof. These requirements shall likewise apply to motions or applica-
the committee shall issue an order reciting the matters taken up thereon, including tions other than the final decisions.
the facts stipulated and evidences marked, if any. Such order shall limit the issues
for hearing to those not disposed of by agreement or admission of the parties, and SECTION 13. 90-day ban. No formal investigation shall be conducted within
shall schedule the formal investigation within (10) days from its issuance, unless a ninety (90) days immediately preceding any local election.
later date is mutually agreed by the parties concerned.
RULE 9
SECTION 5. Submission for resolution/decision. The parties may agree to sub- EVIDENCE
mit the case for resolution /decision based on the result of the preliminary confer-
ence without any need for further hearings. SECTION 1. Rules of evidence. In administrative disciplinary proceedings.
a) The Committee may admit and give probative value to evidence commonly
SECTION 6. Presence of the parties and counsel.- The parties and their re- accepted by reasonably prudent men in the conduct of their affairs. A fact
spective counsels, if represented, are required to attend the preliminary confer- may be deemed established if it is supported by substantial evidence, or
ence. In case of the absence of the complainant and his counsel, if represented, that amount of relevant evidence which a reasonable mind might accept as
without any justifiable reason, the case shall be dismissed. adequate to justify a conclusion;
b) Documentary evidence may be received in the form of copies or excerpts, if
In case of the absence of the respondent and his counsel, if represented, with- the original is not readily available. Upon request, the parties shall be given
out any justifiable reason, it shall be deemed as waiver of his right to present evi- opportunity to compare the copy with the original. If the original is in the
dence in his favor and the investigation/hearing may proceed ex-parte. official custody of a public officer, a certified copy thereof may be accepted;
c) The Committee may take notice of judicially cognizable facts and of
RULE 8 generally technical or scientific facts within its specialized knowledge. The
FORMAL INVESTIGATION parties shall be notified and afforded an opportunity to contest the facts so
noticed.
SECTION 1. Procedural due process.- The respondent shall be accorded full
opportunity to appear and defend himself in person or by counsel , to confront and SECTION 2. Marking. All documentary evidence or exhibits shall be properly
cross-examine the witnesses against him, and to require the attendance of witness- marked by letters (A,B,C, etc.), if presented by the complainant, and by numbers
es and the production of documents through the compulsory process of subpoena (1,2,3, etc.), if presented by the respondent. They shall be attached to the records
ad testificandum and subpoena duces tecum. or, if voluminous, kept in a separate folder marked Folder of Exhibits, which shall
be attached to the records.
SECTION 2. Who conducts the hearing.- The formal administrative investiga-
tion shall be conducted by an ad hoc committee or Committee of the Whole; SECTION 3. Offer of evidence/exhibits. Testimony of a witness must be offered
at the time the witness is called to testify.
SECTION 3. Power to take testimony or receive evidence and issue inter- Documentary and object evidence shall be offered after the presentation of a
locutory orders.- the Committee is hereby authorized to take testimony or receive partys testimonial evidence. Such offer shall be done orally unless allowed by the
evidence relevant to administrative proceedings which authority shall include the Committee to be done in writing.
power to administer oaths, summon witnesses, and require the production of docu- The purpose for which the evidence is offered must be specified.
ments by issuing subpoena and subpoena duces tecum pursuant to Book 1, Chap-
ter 9, section 37 of the Administrative Code of 1987. SECTION 4. Objection. -Objection to evidence offered orally must be made im-
Anyone who, without lawful excuse, fails to appear upon summons, issued un- mediately after the offer is made.
der authority of the preceding paragraph or who, appearing before the Committee Objection to a question propounded in the course of the oral examination of a
exercising the power therein defined, refuses to make oath , give testimony or pro- witness shall be made as soon as the grounds therefore shall become reasonably
duce documents for inspection, when lawfully required, shall be subject to discipline apparent, otherwise, the same shall be considered admitted.
SECTION 2. Suspension. The penalty of suspension shall not exceed the un-
expired term of the respondent, or a period of six (6) months for every administra- (Sgd.) LYDIA C. OBIAS (Sgd.) RAUL F. VILLARETE
tive offense, nor shall said penalty be a bar to the candidacy of the respondent so Municipal Councilor Municipal Councilor
suspended as long as he meets the qualifications required for the office. When the
respondent has meted two (2) or more penalties of suspension for two (2) or more
administrative offenses, such penalties shall be served successively. (Sgd.) ELVIS C. ALARKON (Sgd.) DICK H. CORDIAL
Municipal Councilor LIGA President (Ex-Officio Member)
RULE 14
EXECUTION OF DECISION
APPROVED:
SECTION 1. Execution of final decisions and orders. The Municipal Mayor shall
execute all final and executory decisions or orders of the Sanggunian by issuing the (Sgd.) ENGR. MARLYN S. CORDIAL
corresponding order implementing the same. He may also deputize or call upon any Municipal Mayor
personnel of the Philippine National Police (PNP) stationed within the municipality,
BIKOL REPORTER
to execute the said decisions or orders. Published: October 30 and November 6, 2016
BIKOL REPORTER
Published: November 6, 13 and 20, 2016
other Muslim scholars like
Message of Thanks
Supreme . . .
constitutional frame. There We, the family of the late
EXTRAJUDICIAL SETTLEMENT appears to be sufficient
for october
Name of Deceased Date of Interment
JESUS B. RAYALA October 2, 2016
PABLO S. GONZALES October 1, 2016
FE H. MANCERA October 2, 2016
FELIPA V. MUSTERA October 2, 2016
NILO V. BAES October 4, 2016
FORD P. GARZA October 3, 2016
ENCARNACION C. CATOLICO October 5, 2016
ROSENDA G. ANTONIO October 12, 2016
FLORDELIZA M. BESANA October 13, 2016
MERIEM A. LAVAPIE October 16, 2016
LILY B. ZUIGA October 17, 2016
EUGENIO G. NIDEA October 18, 2016
RUBEN D. VIAS October 20, 2016
ARMANDO P. ESCARES October 20, 2016
FRANK T. ALVISO October 22, 2016
GLORIA O. ESMERALDA October 24, 2016
CORAZON M. SALES October 25, 2016
ESTELA D. ROPETA October 29, 2016
ORLANDO M. DIMABAYAO October 28, 2016
BIKOL REPORTER
Published: Oct. 30; Nov. 6 and 13, 2016
Mayor Rosal
LEGAZPI CITY -- Le- said.
gazpi City was among 306 He said the Php 3 million
local government units that came with the award can
(LGUs) across the country be used to implement impor-
which received the 2016 tant projects and programs of
Seal of Good Local Gov- the city administration.
ernance Award (SGLG) Rosal said the award
award from the Department would also help the city hur-
of Interior and Local Gov- dle one of the requirements
ernment (DILG) for its good for securing approval of loans
governance practices. in the bank.
Mayor Noel E. Rosal an- In the Bicol region, the
nounced Friday that DILG LGUs that received the 2016
Secretary Ismael Sueno and SGLG award were the prov-
Senator Sonny Angara hand- inces of Catanduanes, Cama-
ed a plaque of recognition rines Norte and Sorsogon; the
and P3 million check to him four cities of Legazpi, Ligao,
and DILG-Legazpi Director Masbate and Sorsogon; and
Elmer Villanueva during the in the municipalities category
awards ceremonies Thursday - Tigaon, Camarines Sur; Vi-
in Manila. rac, Catanduanes; and Mobo,
Rosal said the SGLG Masbate.
award is the highest recog- Nationwide, the 2016
nition given by DILG to an SGLG award produced 306
LGU in its performance in the winners 43 in the prov-
areas of financial administra- inces level, 51 cities and 212
tion, social protection and di- municipalities.
saster preparedness. The SGLG was launched
He said the three other cri- by DILG in January 2014 to
teria in the award include busi- challenge LGUs to continue
ness friendliness and competi- good governance practices
tiveness, peace and order, and while providing better ser-
environmental management. vices. It originated from the
The SGLG award will in- Seal of Good Housekeeping
spire our investors to do more program that was introduced
business in the city, Rosal in 2010.