2014 - O - 16 AN ORDINANCE PROVIDING FOR THE RULES OF PROCEDURES FOR ALL ADMINISTRATIVE CASES WITHIN THE JURISDICTION OF SANGGUNIANG PANLUNGSOD OF THE CITY OF OLONGAPO

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION   OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON

MAY 07, 2014 AT THE CITY HALL.

PRESENT:

           

Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - -City Vice-Mayor & Presiding Officer

Hon. Eyrma Yvette D. Marzan-Estrella- - - - City Councilor

Hon. Eduardo J. Piano- - - - - - - - - - - - - - - -     “       “

            Hon. Aquilino Y. Cortez, Jr.- - - - - - - - - - - -     “       “

            Hon. Eduardo G. Guerrero- - - - - - - - - - - - -      “       “

            Hon. Benjamin G. Cajudo II- - - - - - - - - - - -      “       “

Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - -      “       “

Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - -      “       “          

Hon. Alreuela M. Bundang-Ortiz - - - - - - - - -     “       “

Hon. Edna A. Elane- - -  - - - - - - - - - - - - - - -      “       “

Hon. Emerito Linus D. Bacay- - - - - - - - - - - -     “       “

Hon. Randy C. Sionzon- - - - - - - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

            None.

                                   

            In the interest of public service and on motion of City Councilor Noel Y. Atienza, with the majority decision 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. 16

(Series of 2014)

AN ORDINANCE PROVIDING FOR THE RULES OF PROCEDURES

FOR ALL ADMINISTRATIVE CASES WITHIN THE JURISDICTION

 OF SANGGUNIANG PANLUNGSOD OF THE CITY OF OLONGAPO

            BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

            Pursuant to the quasi-judicial powers of the Sangguniang Panlungsod of the City of Olongapo to hear and decide administrative complaints against elective barangay official, this august body resolved to promulgate the following Rules of Procedures:

I

APPLICABILITY

SECTION 1.  Scope – This rule shall govern all the administrative complaints filed against elective barangay official within the territorial jurisdiction of the City of Olongapo

SECTION 2.  Construction – This rule shall be liberally construed in order to attain their purpose and assist the parties in determination of every administrative cases.

Con’t. of Ordinance No. 16, Series of 2014.

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II

GROUNDS FOR DISCIPLINARY ACTIONS

SECTION 3.  Grounds for Disciplinary Actions- An elective barangay official may be censured, reprimanded and suspended from office after due notice and hearing on any of the following grounds:

1.     Disloyalty to the Republic of the Philippines;

2.     Culpable violation of the Constitution;

3.     Dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty;

4.     Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor which is from six (6) years and one (1) day to twelve (12) years imprisonment;

5.     Abuse of authority;

6.     Unauthorized absence for four (4) consecutive sessions;

7.     Such other grounds as may be provided by Republic Act No. 7160, otherwise known as The Local Government Code of the Philippines, Republic Act No. 6713, Administrative Code of 1987, Revised Penal Code and all other applicable general and special laws.

SECTION 4.  Determination of Applicability- Upon filing of administrative complaint, the Sangguniang Panlungsod shall issue an order declaring whether or not the case shall be tried and decided by this august body.

III

PLEADINGS

SECTION 5.  Pleadings allowed- The only pleadings allowed to be filed are:  the administrative complaint, answer, reply and rejoinder.

SECTION 6.  Verification – All pleadings shall be required to be verified,  however in so far as the administrative complaints are concerned, the complainant shall be required to execute a Certification of Non Forum Shopping, otherwise the administrative complaint shall be expunged from the records.

IV

PERIODS FOR PLEADINGS

SECTION 7.  Time to Answer- Within seven (7) days after the administrative complaint is filed, the Sangguniang Panlungsod shall require the respondent or respondents to submit his verified answer within fifteen (15) days from receipt thereof.

SECTION 8.  Time to Reply- The complainant shall be entitled to submit his or her reply within five (5) days from receipt of the verified answer.

SECTION 9.  Time to file rejoinder – The respondent shall be required to file his or her rejoinder within five (5) days from receipt of the reply.

No other pleadings shall be allowed except those provided for under these rules.

Con’t. of Ordinance No. 16, Series of 2014.

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VI

FAILURE TO FILE VERIFIED ANSWER, REPLY AND REJOINDER

SECTION 10 . Failure to file verified answer- Unreasonable failure of the respondent or respondents to file his or her verified answer within the prescribed period from receipt of the complaint shall be deemed a waiver of his or her rights to present evidence in his or her behalf.

SECTION 11.  Failure to file Reply and Rejoinder- In case of failure to file Reply or Rejoinder within the prescribed period shall be considered a waiver of the rights of the complainant or respondents to answer the pleading thereto but shall in no case cause the dismissal of the administrative complaint

VI

MANDATORY MEDIATION BETWEEN THE PARTIES

SECTION 12.  Mandatory mediation between the parties- After receipt of the last pleading, the Sangguniang Panlungsod shall require the parties to appear before the body for the mandatory mediation for the possibility of the settlement of the disputes.

VII

INVESTIGATION: TIME, VENUE AND PROHIBITIONS

SECTION 13.  Period for Investigation – The Sangguniang Panlungsod sitting as a quasi-judicial body shall commence the investigation of the administrative case within ten (10) days after receipt of the last pleading.

SECTION 14. Venue for the Investigation – The venue of the administrative investigation shall be the place where the sanggunian concerned is located.

SECTION 15.  Prohibition – No administrative investigation shall be held within ninety (90) days immediately prior to any local elections and no preventive suspension shall be imposed within the same period. If preventive suspension has been imposed prior to the 90 day period immediately preceding local elections, it shall be deemed automatically lifted upon the start of the said period.

VIII

PREVENTIVE SUSPENSION

SECTION 16.  Preventive Suspension –

(a) Preventive suspension may be imposed by the mayor, if the respondent is an elective official of the barangay.

(b) Preventive suspension may be imposed at any time after the issues are joined upon motion of the complainant, when the evidence of guilt is strong and given the gravity of the 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 records and evidence.

(c)  Any single preventive suspension of an elective barangay official shall not extend beyond sixty (60) days.

Con’t. of Ordinance No. 16, Series of 2014.

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(d) In the event that several administrative complaints are filed against an elective barangay official, he cannot be placed under preventive suspension 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.

(e) Upon expiration of the preventive suspension, the suspended barangay elective official shall be deemed re-instated 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 was formally notified of the case against him. If the delay in the proceedings of the administrative case is due to his or her fault, neglect or request other than the appeal duly filed, the duration of such delay shall be counted in computing the time of termination of the case.

(f) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority.

IX

PRELIMINARY CONFERENCE

SECTION 17.  Preliminary Conference: appearance of parties or his or her counsel – Not later than fifteen (15) days after the last pleading is filed, a preliminary conference shall be held with the appearance of the parties and his or her counsel of his or her own choice.

            The failure of the complainant to appear in the preliminary conference shall be a cause for the dismissal of the administrative complaint.  On the other hand if the respondent failed to appear in the preliminary conference, the complainant shall be entitled to judgment on the basis of the evidence submitted.

SECTION 18.  The matters to be taken during the preliminary conference – The following matters shall be taken during the preliminary conference:

(a)            Concise statement of facts;

(b)            Proposal for admission and stipulation of facts;

(c)            Issues to be resolved;

(d)            Documentary exhibits to be marked and witnesses to be presented;

(e)            Trial dates;

(f)             Such other matters as may be warranted in order to expedite the disposition of the administrative case.

SECTION 19.  No other matters shall be taken other than those specifically considered during the preliminary conference: exception – After the termination of preliminary conference, the parties are prohibited to consider matters other those taken during the preliminary conference except for good cause, and upon motion of any party, the Sangguniang Panlungsod may, in its discretion, consider matters beyond those taken during the preliminary conference.

X

TRIAL

SECTION 20. Order of Trial – The order of trial shall be as follows:

(a)            The complainant must produce the evidence on his part;

(b)            The respondent shall then produce his or her evidence in support of his or her verified answer.

Con’t. of Ordinance No. 16, Series of 2014.

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SECTION 21.  Order In The Examination Of Individual Witness – The order in which an individual witness may be examined is as follows:

(a)   Direct examination by the proponent;

(b)   Cross examination by the opponent;

(c)   Re-direct examination by the proponent;

(d)   Re-cross examination by the opponent.

            SECTION 22. .Rights of the Respondent – The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross examine the witnesses and the production of documentary evidence in his or her favor.

XI

DECISION

            SECTION 23.  Decision –

(a)          Within thirty (30) days after the end of the investigation, the Sangguniang Panlungsod shall render a written decision stating clearly and distinctly the facts and reasons for such decision. Copies of decision shall be immediately furnished the complainant  or respondents and all interested parties. In the case of failure of the Sanggunian concerned to render a decision on the resolution recommended on the investigation within thirty (30) days after the end of the investigation, the recommended decision shall be considered the decision.

(b)          The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative case nor shall said penalty be a bar to the candidacy of the respondent or respondents so suspended as long as he or she meets the qualifications required for the office.

XII

ADMINISTRATIVE APPEALS

SECTION 24.  Administrative Appeals – Decision in the administrative cases may, within thirty (30) days from receipt of the decision, be appealed to the Office of the President. Decision of the Office of the President shall be final and executory.

SECTION 25.  Failure to Appeal – If no appeal is made within thirty (30) days from receipt of the decision, the decision shall become final and executory.

XIII

EXECUTION PENDING APPEAL

SECTION 26. Execution Pending Appeal – An appeal shall not prevent a decision from becoming final and 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, he shall be paid his salary and such other emoluments accruing during the pendency of the appeal.

Con’t. of Ordinance No. 16, Series of 2014.

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        XIV

        REPEALING CLAUSE

            SECTION 27.  All Ordinances and Resolutions as far as they are inconsistent with this act, are hereby repealed or amended accordingly.

 APPROVED,  May 07, 2014.

                                              RODEL S. CEREZO 

City Vice-Mayor & Presiding Officer

  EYRMA YVETTE D. MARZAN- ESTRELLA                       EDUARDO J. PIANO

                          City Councilor                                                                   City Councilor

                                                                                                           (opposed)

                                                                                                                                       

       AQUILINO Y. CORTEZ, JR.                                         EDUARDO G. GUERRERO                 

                     City Councilor                                                                           City Councilor        

                                                                

   

            BENJAMIN G. CAJUDO II                                              ELENA C. DABU

                       City Councilor                                                          City Councilor                    

                                                                                                     

              NOEL Y. ATIENZA                                     ALREUELA M. BUNDANG-ORTIZ                          

                   City Councilor                                                                City Councilor                                                                                                                  

                                                                                                                                              

                    EDNA A. ELANE                                           EMERITO LINUS D. BACAY

                        City Councilor                                                       City Councilor           

RANDY C. SIONZON

President, Liga ng mga Barangay

ATTEST:

                ATTY.  BERNARDINE S. GANTAN

                                Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

                                                                                    ROLEN C. PAULINO

                                                                                                 City Mayor

ATTEST:

                     SHEILA R. PADILLA

                  Secretary to the City Mayor