2005 Ord No. 51
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
AUGUST 10, 2005, AT THE CITY HALL.
PRESENT:
Hon. Rolen C. Paulino- - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion- - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez- - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
ABSENT:
None.
In the interest of public service and on motion of Councilors Marey Beth D. Marzan, Noel Y. Atienza and Brian Patrick H. Gordon, with the unanimous accord of the Members of the Sangguniang Panlungsod present,
RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:
ORDINANCE NO. 51
(Series of 2005)
AN ORDINANCE PRESCRIBING RULES AND PROCEDURES IN CONDUCTING ADMINISTRATIVE INVESTIGATION AGAINST ELECTIVE
BARANGAY OFFICIALS IN THE CITY OF OLONGAPO
BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:
RULE I
PRELIMINARY PROVISIONS
SECTION 1. Coverage – These rules and procedures shall apply to administrative cases filed against any elective barangay officials of Olongapo City
SECTION 2. Disciplining Authority – The City Mayor and the Sangguniang Panlungsod as a quasi-judicial body shall be designated as the Disciplining Authority in the conduct of investigation against elective barangay officials.
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SECTION 3. Investigating Authority – All administrative complaints duly verified against elective barangay officials shall be acted upon by the Sangguniang Panlungsod hereinafter referred to as the investigating Authority.
SECTION 4. Implementing Authority – The Local Chief Executive and the Sangguniang Panlungsod shall be referred to as the implementing authority.
4.1 Preventive Suspension – To be determined by the Sangguniang Panlungsod but to be imposed by the City Mayor
4.2 Penalty – To be implemented by the Sangguniang Panlungsod thru the City Vice-Mayor.
RULE II
GROUNDS FOR DISCIPLINARY ACTIONS
SECTION 5. Grounds for Disciplinary Actions – An elective barangay officials maybe disciplined reprimanded, suspended or removed from office after due notice of hearing on any of the following grounds
1) Disloyalty to the Republic of the Philippines;
i.e.
- espionage
- treason
- conspiracy and proposal to commit treason
- inciting to war or giving motives to reprisals
- correspondence with hostile country
- piracy and mutiny on the high seas
- qualified piracy
2) Culpable Violation of the Constitution;
i.e
- arbitrary detention or expulsion
- delay in the delivery of detained person
- violation of domicile
- searching domicile without witnesses
- interruption of religious worship
- offending the religious feelings
- prohibition, interruption and dissolution of peaceful meetings
Con’t. of Ordinance No. 51, Series of 2005.
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3) Dishonesty, Oppression, Misconduct in Office, Gross Negligence or Dereliction of Duty;
i.e.
- bribery
- malversation
- conniving with or consenting to evasion
- removal, concealment, or destruction of documents
- open disobedience
- refusal of assistance
- usurpation of powers
- abuses against chastity
- simulation of birth and usurpation of civil status
- frauds
4) Commission of any offense involving moral turpitude or an offense punishable by the at least prision mayor;
i.e.
- rape
- adultery or concubinage
- act of lasciviousness
- seduction, corruption of minors and white slavery
5) Abuse of Authority;
6) Unauthorized absence for fifteen (15) consecutive working days for Punong Barangays and four (4) consecutive session for Sangguniang Barangay Members;
7) Application for or acquisition of foreign citizenship or residence or the status of an immigrant of another country; and
8) Such other grounds as maybe provided under R.A. 7160 and other laws.
RULE III
COMPLAINT
SECTION 6. How initiated – An administrative case may be initiated by any private individual or any government officer or employee by filing a sworn statement complaint against any elective barangay official enumerated under Section 5, Rule II hereof.
SECTION 7. Form of Complaint – The complaint, accompanied by affidavits of witness or evidences in support of the charge, shall be addressed to the Sangguniang Panlungsod that the Presiding Officer. It shall be drawn in clear, simple and concise language in the methodical manner as to apprise the respondent of the nature of the charge against him and to enable him to prepare his defense. The party filing the complaint shall be
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called the complainant, while the official against whom the complaint is filled shall be called the respondent.
SECTION 8. Where to file – A verified complaint against any erring barangay elective officials shall be filed before the Sangguniang Panlungsod of Olongapo City.
A copy of the complaint shall be furnished the Office of the Mayor, and in all cases the DILG.
RULE IV
ANSWER
SECTION 9. Notice – Within seven (7) days after the complaint is filed, the Investigating Authority shall issue an order requiring the respondent to submit his verified answer within fifteen (15) days from the receipt hereof.
SECTION 10. Form of Answer - The answer accompanied by the affidavits of witnesses or evidences in support of defense shall be addressed to the Sangguniang Panlungsod thru the Presiding Officer who shall authenticate all the pertinent document presented to him. A copy of the answer shall be furnished the complainant, Office of the City Mayor and in all cases the DILG.
SECTION 11. Failure to Answer - Unreasonable failure of respondent to file his verified answer within fifteen (15) days from receipt of the complaint against him shall be considered as waiver of his night to present evidence in his behalf.
RULE V
PRELIMINARY INVESTIGATION
SECTION 12. Commencement – Within ten (10) days from receipt of the answer the Investigating Authority shall commence the investigation of the case through public hearing.
SECTION 13. Failure to commence preliminary investigation – Unreasonable failure to commence the preliminary investigation within the prescribed period by the person or persons assigned to investigate shall be a ground for administrative disciplinary action.
SECTION 14. Evaluation – Within twenty (20) days from receipt of the complaint and answer, the Investigating Authority shall determine whether there is a prima facie case to warrant the institution of formal administrative proceedings.
SECTION 15. Dismissal motu propo – If the Investigating Authority determines that there is a prima facie case to warrant the institution of formal administrative proceedings, it shall proceed without delay. It there is none, the motu propio dismissal of the base.
Con’t. of Ordinance No. 51, Series of 2005.
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SECTION 16. Preliminary conference – If the Investigating Authority determines that there is a prima facie case to warrant the institution of formal administrative proceedings. It shall within the same period prescribed under the preceding Section, summon the parties to a preliminary conference to answer the following:
a) Whether the parties desire a formal investigation or are willing to submit the case for resolution on the basis of the evidence on record; and
b) If the parties desire a formal investigation to consider the simplication of issue the possibility of obtaining stipulation or admission of facts and of documents, specifically affidavits and depositions, to avoid necessary proof, the limitation of number of witnesses, and such other matters as may aid the prompt disposition of the case.
The Investigating Authority shall encourage the parties and their counsels to enter at any stage of the proceedings, into amicable settlement, compromise and arbitration, the terms and conditions of which shall subject to the approval of the Disciplining Authority.
After the preliminary conference, the investigating Authority shall issue an order reciting the matters taken up there on, including the facts stipulated and the evidences marked, it any. Such order shall limit the issues for hearing to those not disposed of by agreement or admission of the parties, and shall schedule the formal investigation within ten (10) days from its issuance, unless a later date is mutually agreed in writing by the parties concerned.
SECTION 17. Venue of Hearing – The preliminary investigation as contemplated in this Rule shall be conducted at the Sangguniang Panlungsod Session Hall.
SECTION 18. 90-day Ban – No preliminary investigation shall be conducted within ninety (90) days immediately prior to any local election.
RULE VI
PREVENTIVE SUSPENSION
SECTION 19. Grounds, Power to Suspend – Preventive suspension may be imposed by the City Mayor upon the recommendation of the Sangguniang Panlungsod at any time after the issues are joined, that is, after respondent has answered the complaint, when the evidence to guilt is strong and given the gravity of offense, there is a great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the record and other evidence.
SECTION 20. 90-day Ban – No preventive suspension shall be imposed within ninety (90) days immediately prior to any local election. If the preventive suspension has been imposed prior to the (90) day period immediately preceding a local election, it shall be deemed automatically lifted upon the start of aforesaid period.
Con’t. of Ordinance No. 51, Series of 2005.
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SECTION 21. Duration – Any single preventive suspension of barangay elective officials shall not extend beyond sixty (60) days; provided that, in the event that several administrative cases are filed against an elective barangay official, he cannot 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 suspension.
SECTION 22. Automatic reinstatement – upon expiration of the prevention suspension, the suspended elective barangay official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within one hundred twenty (120) days from the time he is formally notified of the case against him. However, if the delay in the proceeding of the case is due to his fault, or request, other than the appeal duly filed, the duration of such delay shall not be in computing the time of termination of the case.
SECTION 23. Salary of respondent pending suspension - The respondent, who is preventively suspended from office, shall receive no salary or compensation during such suspension, but upon subsequent exoneration and reinstatement, he shall be paid his full salary or compensation, including such emoluments accruing during such suspension.
RULE VII
FORMAL INVESTIGATION
SECTION 24. Procedural due process – The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him and to require the attendance of witnesses and the production of documents through the compulsory process of subpoena or duces tecum.
SECTION 25. Who conduct the hearing – The formal administrative investigation shall be conducted by the Investigating Authority.
SECTION 26. Failure to commence formal investigation – Unreasonable failure to commence the formal investigation within the prescribed period in the preliminary conference order by the person or persons assigned to investigate shall be a ground for administrative action.
SECTION 27. Power to take testimony or receive evidence – The investigating Authority is hereby authorized to take testimony or receive evidence relevant to the administrative proceedings, which authority shall include the power to administer oaths, summon witnesses, and require the production of documents by subpoena duces tecum pursuant to Book I, Chapter 9, Section 37 of the Administrative Code of 1987.
Anyone who, without lawful excuse, fails to appear upon summons issued under authority or the preceding paragraph or who, appearing before the Investigating Authority exercising the power therein defined, refuses to make oath, give testimony or produce documents for inspection, when lawfully required shall be subject to discipline as in case of contempt of court and, upon application by the Investigating Authority, shall be dealt with by the judge of the proper regional trial court in the manner provided for under Book VII,
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Chapter 3 Section 13, in relation to Chapter 1 Section 2(1), of the Administrative Code of 1987.
SECTION 28. Notice of Hearing – The parties and their witnesses shall be notified by subpoena of the scheduled hearing at least five (5) days before the date thereof, stating the date, time and place of the hearing.
SECTION 29. Venue of Hearing – The preliminary investigation as contemplated in this Rule shall be conducted in the Sangguniang Panlungsod session hall, Olongapo City.
SECTION 30. Request for subpoena - If party desires the attendance of a witness or the production of documents, he shall make formal request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days before the scheduled hearing.
SECTION 31. Postponement – Postponement of investigation shall be discourage and shall be allowed only in meritorious cases, like illness of the parties or counsels and other similar case. No postponement for a period longer than seven (7) shall be allowed, and in no case shall the total number of postponements for one party be more than twenty (20) days.
SECTION 32. Record of the Proceedings – The testimony of each witnesses and the manifestation of the parties and counsels during an investigation shall be taken. A transcript of the proceedings made and duly certified by the Secretary of the Sangguniang Panlungsod shall be prima tacie correct of such proceedings.
SECTION 33. Order of hearing – Unless otherwise directed by the Investigating Authority, the order of a hearing shall be as follows:
a) The complaint shall produce the evidence of his part;
b) The respondent shall then offer evidence in support of his defense; and
c) The parties may then respectively offer rebutting evidence, unless the Investigating Authority, for good reasons and in the furtherance of justice, permits them to offer evidence upon their original case.
SECTION 34. Order of examination – The order in which a witness may be examined shall be as follow:
a) Direct examination by the proponent;
b) Cross examination by the opponent;
c) Re-direct examination by the proponent; and
d) Re-cross examination by the opponent.
SECTION 35. Memoranda – The Investigating Authority may allow the parties to submit their respective memoranda, together with their respective draft resolutions and
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orders for the consideration of the Investigating Authority, within fifteen (15) days the termination of the formal investigation.
RULE VIII
EVIDENCE
SECTION 36. Rules of Evidence – In administrative disciplinary proceedings –
a) The Investigating Authority may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs;
b) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted; and
c) The Investigating Authority may take notice of judicially cognizable facts and of generally technical or scientific facts within its specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed.
SECTION 37. Making – All documentary evidence or exhibits shall be properly marked by letter (A.B.C. etc.), if presented by the respondent. They shall be attached to the records or if voluminous, kept in a separate folder marked “Folder of Exhibits”, which shall also be attached to the records.
RULE IX
REPORT OF INVESTIGATING AUTHORITY
SECTION 38. Creation of a Committee to Prepare a Report –After the termination of the investigation period, the Investigation Authority shall create a committee compose of three (3) or five (5) members to prepare the following:
a) the draft decision, resolution and order;
b) the complete records with the page consecutively numbered and initiated by the custodian of the records;
c) a summary of proceedings from the filing of the complaint to the transmittal of the records in chronological order indicating the action taken on the incidents involved.
The Committee Chairperson and secretary shall be chosen from among the member of the committee.
Con’t. of Ordinance No. 51, Series of 2005.
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SECTION 39. Records Classification – Records in administrative disciplinary cases are classified as confidential in nature and any information as to the charges, accusation, or facts adduced may not be released, and such records may not be available, except to the proper authorities and upon request to the parties in interest or their authorized representatives on the “need-to-know” basis.
RULE X
DECISION
SECTION 40. Rendition of decision – Within thirty (30) days from the receipt of the Committee Report, the Disciplining Authority shall render a decision in writing, stating clearly and distinctly the facts and reasons for such decision and shall immediately be furnished the respondent and all interested parties.
SECTION 41. Rule XII on Votes and Voting of the Sangguniang Panlungsod Internal Rules and Procedures shall apply in the rendition of decisions of all administrative cases. Decisions and voting mad by the Disciplining Authority shall be done in close doors.
SECTION 42. Finality of decision – The decision of Disciplining Authority shall become final and executory after the lapse of thirty (3) days from the receipt of a copy thereof by the complainant or the respondent, as the case may be, unless a motion for reconsideration is filed within the said period. Saved in exceptionally meritorious cases, only one motion for reconsideration by any one party shall be allowed which shall suspend the running of the thirty (30) days reglementary period.
SECTION 43. Execution pending appeal – An appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal. In the event the appeal results in an exoneration, the respondent shall be paid his salary and such other emoluments accruing during the pendency of the appeal.
RULE XI
PENALTIES
SECTION 44. Suspension or removal – The respondent, if found guilty of any offenses enumerated in Rule II hereof, may be meted the penalty of suspension or removal depending on the evidence presented and the aggravating or mitigating circumstances that may be considered by the Disciplining Authority.
SECTION 45. Suspension – The penalty of suspension shall not exceed the unexpired term of the respondent, or a period of six (6) months for every administrative offense nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.
SECTION 46. Removal – A barangay official may be removed from office on the grounds enumerated on Rule II hereof.
The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.
Con’t. of Ordinance No. 51, Series of 2005.
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RULE XII
SUPPLEMENTARY RULE
SECTION 47. Supplementary Rule – The provisions of the local Government Code of 1991 and Administrative Code of 1987 shall apply to all matters not provided under these rules of procedure.
SECTION 48. Effectivity – This rules of procedure shall take effect immediately upon its approval.
APPROVED UNANIMOUSLY, August 10, 2005.
ROLEN C. PAULINO
City Vice Mayor & Presiding Officer
NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor
ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor
GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay
ROBINE ROSE C. BUENAFE
SK Federation President
ATTEST:
ELFLIDA S. SALMON
City Council Secretary
APPROVED BY HIS HONOR, THE CITY MAYOR ON________________.
JAMES GORDON, JR.
City Mayor
ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor
AUGUST 10, 2005, AT THE CITY HALL.
PRESENT:
Hon. Rolen C. Paulino- - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion- - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez- - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
ABSENT:
None.
In the interest of public service and on motion of Councilors Marey Beth D. Marzan, Noel Y. Atienza and Brian Patrick H. Gordon, with the unanimous accord of the Members of the Sangguniang Panlungsod present,
RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:
ORDINANCE NO. 51
(Series of 2005)
AN ORDINANCE PRESCRIBING RULES AND PROCEDURES IN CONDUCTING ADMINISTRATIVE INVESTIGATION AGAINST ELECTIVE
BARANGAY OFFICIALS IN THE CITY OF OLONGAPO
BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:
RULE I
PRELIMINARY PROVISIONS
SECTION 1. Coverage – These rules and procedures shall apply to administrative cases filed against any elective barangay officials of Olongapo City
SECTION 2. Disciplining Authority – The City Mayor and the Sangguniang Panlungsod as a quasi-judicial body shall be designated as the Disciplining Authority in the conduct of investigation against elective barangay officials.
Con’t. of Ordinance No. 51, Series of 2005.
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SECTION 3. Investigating Authority – All administrative complaints duly verified against elective barangay officials shall be acted upon by the Sangguniang Panlungsod hereinafter referred to as the investigating Authority.
SECTION 4. Implementing Authority – The Local Chief Executive and the Sangguniang Panlungsod shall be referred to as the implementing authority.
4.1 Preventive Suspension – To be determined by the Sangguniang Panlungsod but to be imposed by the City Mayor
4.2 Penalty – To be implemented by the Sangguniang Panlungsod thru the City Vice-Mayor.
RULE II
GROUNDS FOR DISCIPLINARY ACTIONS
SECTION 5. Grounds for Disciplinary Actions – An elective barangay officials maybe disciplined reprimanded, suspended or removed from office after due notice of hearing on any of the following grounds
1) Disloyalty to the Republic of the Philippines;
i.e.
- espionage
- treason
- conspiracy and proposal to commit treason
- inciting to war or giving motives to reprisals
- correspondence with hostile country
- piracy and mutiny on the high seas
- qualified piracy
2) Culpable Violation of the Constitution;
i.e
- arbitrary detention or expulsion
- delay in the delivery of detained person
- violation of domicile
- searching domicile without witnesses
- interruption of religious worship
- offending the religious feelings
- prohibition, interruption and dissolution of peaceful meetings
Con’t. of Ordinance No. 51, Series of 2005.
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3) Dishonesty, Oppression, Misconduct in Office, Gross Negligence or Dereliction of Duty;
i.e.
- bribery
- malversation
- conniving with or consenting to evasion
- removal, concealment, or destruction of documents
- open disobedience
- refusal of assistance
- usurpation of powers
- abuses against chastity
- simulation of birth and usurpation of civil status
- frauds
4) Commission of any offense involving moral turpitude or an offense punishable by the at least prision mayor;
i.e.
- rape
- adultery or concubinage
- act of lasciviousness
- seduction, corruption of minors and white slavery
5) Abuse of Authority;
6) Unauthorized absence for fifteen (15) consecutive working days for Punong Barangays and four (4) consecutive session for Sangguniang Barangay Members;
7) Application for or acquisition of foreign citizenship or residence or the status of an immigrant of another country; and
8) Such other grounds as maybe provided under R.A. 7160 and other laws.
RULE III
COMPLAINT
SECTION 6. How initiated – An administrative case may be initiated by any private individual or any government officer or employee by filing a sworn statement complaint against any elective barangay official enumerated under Section 5, Rule II hereof.
SECTION 7. Form of Complaint – The complaint, accompanied by affidavits of witness or evidences in support of the charge, shall be addressed to the Sangguniang Panlungsod that the Presiding Officer. It shall be drawn in clear, simple and concise language in the methodical manner as to apprise the respondent of the nature of the charge against him and to enable him to prepare his defense. The party filing the complaint shall be
Con’t. of Ordinance No. 51, Series of 2005.
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called the complainant, while the official against whom the complaint is filled shall be called the respondent.
SECTION 8. Where to file – A verified complaint against any erring barangay elective officials shall be filed before the Sangguniang Panlungsod of Olongapo City.
A copy of the complaint shall be furnished the Office of the Mayor, and in all cases the DILG.
RULE IV
ANSWER
SECTION 9. Notice – Within seven (7) days after the complaint is filed, the Investigating Authority shall issue an order requiring the respondent to submit his verified answer within fifteen (15) days from the receipt hereof.
SECTION 10. Form of Answer - The answer accompanied by the affidavits of witnesses or evidences in support of defense shall be addressed to the Sangguniang Panlungsod thru the Presiding Officer who shall authenticate all the pertinent document presented to him. A copy of the answer shall be furnished the complainant, Office of the City Mayor and in all cases the DILG.
SECTION 11. Failure to Answer - Unreasonable failure of respondent to file his verified answer within fifteen (15) days from receipt of the complaint against him shall be considered as waiver of his night to present evidence in his behalf.
RULE V
PRELIMINARY INVESTIGATION
SECTION 12. Commencement – Within ten (10) days from receipt of the answer the Investigating Authority shall commence the investigation of the case through public hearing.
SECTION 13. Failure to commence preliminary investigation – Unreasonable failure to commence the preliminary investigation within the prescribed period by the person or persons assigned to investigate shall be a ground for administrative disciplinary action.
SECTION 14. Evaluation – Within twenty (20) days from receipt of the complaint and answer, the Investigating Authority shall determine whether there is a prima facie case to warrant the institution of formal administrative proceedings.
SECTION 15. Dismissal motu propo – If the Investigating Authority determines that there is a prima facie case to warrant the institution of formal administrative proceedings, it shall proceed without delay. It there is none, the motu propio dismissal of the base.
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SECTION 16. Preliminary conference – If the Investigating Authority determines that there is a prima facie case to warrant the institution of formal administrative proceedings. It shall within the same period prescribed under the preceding Section, summon the parties to a preliminary conference to answer the following:
a) Whether the parties desire a formal investigation or are willing to submit the case for resolution on the basis of the evidence on record; and
b) If the parties desire a formal investigation to consider the simplication of issue the possibility of obtaining stipulation or admission of facts and of documents, specifically affidavits and depositions, to avoid necessary proof, the limitation of number of witnesses, and such other matters as may aid the prompt disposition of the case.
The Investigating Authority shall encourage the parties and their counsels to enter at any stage of the proceedings, into amicable settlement, compromise and arbitration, the terms and conditions of which shall subject to the approval of the Disciplining Authority.
After the preliminary conference, the investigating Authority shall issue an order reciting the matters taken up there on, including the facts stipulated and the evidences marked, it any. Such order shall limit the issues for hearing to those not disposed of by agreement or admission of the parties, and shall schedule the formal investigation within ten (10) days from its issuance, unless a later date is mutually agreed in writing by the parties concerned.
SECTION 17. Venue of Hearing – The preliminary investigation as contemplated in this Rule shall be conducted at the Sangguniang Panlungsod Session Hall.
SECTION 18. 90-day Ban – No preliminary investigation shall be conducted within ninety (90) days immediately prior to any local election.
RULE VI
PREVENTIVE SUSPENSION
SECTION 19. Grounds, Power to Suspend – Preventive suspension may be imposed by the City Mayor upon the recommendation of the Sangguniang Panlungsod at any time after the issues are joined, that is, after respondent has answered the complaint, when the evidence to guilt is strong and given the gravity of offense, there is a great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the record and other evidence.
SECTION 20. 90-day Ban – No preventive suspension shall be imposed within ninety (90) days immediately prior to any local election. If the preventive suspension has been imposed prior to the (90) day period immediately preceding a local election, it shall be deemed automatically lifted upon the start of aforesaid period.
Con’t. of Ordinance No. 51, Series of 2005.
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SECTION 21. Duration – Any single preventive suspension of barangay elective officials shall not extend beyond sixty (60) days; provided that, in the event that several administrative cases are filed against an elective barangay official, he cannot 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 suspension.
SECTION 22. Automatic reinstatement – upon expiration of the prevention suspension, the suspended elective barangay official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within one hundred twenty (120) days from the time he is formally notified of the case against him. However, if the delay in the proceeding of the case is due to his fault, or request, other than the appeal duly filed, the duration of such delay shall not be in computing the time of termination of the case.
SECTION 23. Salary of respondent pending suspension - The respondent, who is preventively suspended from office, shall receive no salary or compensation during such suspension, but upon subsequent exoneration and reinstatement, he shall be paid his full salary or compensation, including such emoluments accruing during such suspension.
RULE VII
FORMAL INVESTIGATION
SECTION 24. Procedural due process – The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him and to require the attendance of witnesses and the production of documents through the compulsory process of subpoena or duces tecum.
SECTION 25. Who conduct the hearing – The formal administrative investigation shall be conducted by the Investigating Authority.
SECTION 26. Failure to commence formal investigation – Unreasonable failure to commence the formal investigation within the prescribed period in the preliminary conference order by the person or persons assigned to investigate shall be a ground for administrative action.
SECTION 27. Power to take testimony or receive evidence – The investigating Authority is hereby authorized to take testimony or receive evidence relevant to the administrative proceedings, which authority shall include the power to administer oaths, summon witnesses, and require the production of documents by subpoena duces tecum pursuant to Book I, Chapter 9, Section 37 of the Administrative Code of 1987.
Anyone who, without lawful excuse, fails to appear upon summons issued under authority or the preceding paragraph or who, appearing before the Investigating Authority exercising the power therein defined, refuses to make oath, give testimony or produce documents for inspection, when lawfully required shall be subject to discipline as in case of contempt of court and, upon application by the Investigating Authority, shall be dealt with by the judge of the proper regional trial court in the manner provided for under Book VII,
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Chapter 3 Section 13, in relation to Chapter 1 Section 2(1), of the Administrative Code of 1987.
SECTION 28. Notice of Hearing – The parties and their witnesses shall be notified by subpoena of the scheduled hearing at least five (5) days before the date thereof, stating the date, time and place of the hearing.
SECTION 29. Venue of Hearing – The preliminary investigation as contemplated in this Rule shall be conducted in the Sangguniang Panlungsod session hall, Olongapo City.
SECTION 30. Request for subpoena - If party desires the attendance of a witness or the production of documents, he shall make formal request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days before the scheduled hearing.
SECTION 31. Postponement – Postponement of investigation shall be discourage and shall be allowed only in meritorious cases, like illness of the parties or counsels and other similar case. No postponement for a period longer than seven (7) shall be allowed, and in no case shall the total number of postponements for one party be more than twenty (20) days.
SECTION 32. Record of the Proceedings – The testimony of each witnesses and the manifestation of the parties and counsels during an investigation shall be taken. A transcript of the proceedings made and duly certified by the Secretary of the Sangguniang Panlungsod shall be prima tacie correct of such proceedings.
SECTION 33. Order of hearing – Unless otherwise directed by the Investigating Authority, the order of a hearing shall be as follows:
a) The complaint shall produce the evidence of his part;
b) The respondent shall then offer evidence in support of his defense; and
c) The parties may then respectively offer rebutting evidence, unless the Investigating Authority, for good reasons and in the furtherance of justice, permits them to offer evidence upon their original case.
SECTION 34. Order of examination – The order in which a witness may be examined shall be as follow:
a) Direct examination by the proponent;
b) Cross examination by the opponent;
c) Re-direct examination by the proponent; and
d) Re-cross examination by the opponent.
SECTION 35. Memoranda – The Investigating Authority may allow the parties to submit their respective memoranda, together with their respective draft resolutions and
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orders for the consideration of the Investigating Authority, within fifteen (15) days the termination of the formal investigation.
RULE VIII
EVIDENCE
SECTION 36. Rules of Evidence – In administrative disciplinary proceedings –
a) The Investigating Authority may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs;
b) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted; and
c) The Investigating Authority may take notice of judicially cognizable facts and of generally technical or scientific facts within its specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed.
SECTION 37. Making – All documentary evidence or exhibits shall be properly marked by letter (A.B.C. etc.), if presented by the respondent. They shall be attached to the records or if voluminous, kept in a separate folder marked “Folder of Exhibits”, which shall also be attached to the records.
RULE IX
REPORT OF INVESTIGATING AUTHORITY
SECTION 38. Creation of a Committee to Prepare a Report –After the termination of the investigation period, the Investigation Authority shall create a committee compose of three (3) or five (5) members to prepare the following:
a) the draft decision, resolution and order;
b) the complete records with the page consecutively numbered and initiated by the custodian of the records;
c) a summary of proceedings from the filing of the complaint to the transmittal of the records in chronological order indicating the action taken on the incidents involved.
The Committee Chairperson and secretary shall be chosen from among the member of the committee.
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SECTION 39. Records Classification – Records in administrative disciplinary cases are classified as confidential in nature and any information as to the charges, accusation, or facts adduced may not be released, and such records may not be available, except to the proper authorities and upon request to the parties in interest or their authorized representatives on the “need-to-know” basis.
RULE X
DECISION
SECTION 40. Rendition of decision – Within thirty (30) days from the receipt of the Committee Report, the Disciplining Authority shall render a decision in writing, stating clearly and distinctly the facts and reasons for such decision and shall immediately be furnished the respondent and all interested parties.
SECTION 41. Rule XII on Votes and Voting of the Sangguniang Panlungsod Internal Rules and Procedures shall apply in the rendition of decisions of all administrative cases. Decisions and voting mad by the Disciplining Authority shall be done in close doors.
SECTION 42. Finality of decision – The decision of Disciplining Authority shall become final and executory after the lapse of thirty (3) days from the receipt of a copy thereof by the complainant or the respondent, as the case may be, unless a motion for reconsideration is filed within the said period. Saved in exceptionally meritorious cases, only one motion for reconsideration by any one party shall be allowed which shall suspend the running of the thirty (30) days reglementary period.
SECTION 43. Execution pending appeal – An appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal. In the event the appeal results in an exoneration, the respondent shall be paid his salary and such other emoluments accruing during the pendency of the appeal.
RULE XI
PENALTIES
SECTION 44. Suspension or removal – The respondent, if found guilty of any offenses enumerated in Rule II hereof, may be meted the penalty of suspension or removal depending on the evidence presented and the aggravating or mitigating circumstances that may be considered by the Disciplining Authority.
SECTION 45. Suspension – The penalty of suspension shall not exceed the unexpired term of the respondent, or a period of six (6) months for every administrative offense nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.
SECTION 46. Removal – A barangay official may be removed from office on the grounds enumerated on Rule II hereof.
The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.
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RULE XII
SUPPLEMENTARY RULE
SECTION 47. Supplementary Rule – The provisions of the local Government Code of 1991 and Administrative Code of 1987 shall apply to all matters not provided under these rules of procedure.
SECTION 48. Effectivity – This rules of procedure shall take effect immediately upon its approval.
APPROVED UNANIMOUSLY, August 10, 2005.
ROLEN C. PAULINO
City Vice Mayor & Presiding Officer
NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor
ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor
GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay
ROBINE ROSE C. BUENAFE
SK Federation President
ATTEST:
ELFLIDA S. SALMON
City Council Secretary
APPROVED BY HIS HONOR, THE CITY MAYOR ON________________.
JAMES GORDON, JR.
City Mayor
ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor
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