ORDINANCE NO: 2016-362 (Authored Honorable Ricardo S. Alajeno) "AN ORDINANCE ADOPTING THE RULES OF PROCEDURES IN THE CONDUCT OF ADMINISTRATIVE INVESTIGATION AGAINST ELECTIVE BARANGAY OFFICIALS." WHEREAS, the Sangguniang Panlungsod of Pagadian City has original jurisdiction over administrative disciplinary cases against Barangay officials within the City pursuant to Section 60 to 68 of RA 7160, otherwise known as the Local Government Code of 1991, in relation to Articles 124 to 132 of the Rules and Regulations Implementing the Local Government Code of 1991; WHEREAS, the aforementioned provisions of the Local Government Code of 1991 and its Implementing Rules and Regulations on Disciplinary Actions are too general and does not provide for specific provisions on the conduct of the administrative investigation; WHEREAS, pursuant to Section 50 of RA 7160, the Sangguniang Panlungsod has the authority to adopt its Internal Rules of Procedure and such other rules as it may deem necessary; NOW THEREFORE, be it ordained by the Sangguniang Panlungsod of the City of Pagadian in a Regular Session that:? RULE 1 PRELIMINARY PROVISIONS SECTION 1. Title: This Ordinance shall be known as "AN ORDINANCE ADOPTING THE RULES OF PROCEDURES IN THE CONDUCT OF ADMINISTRATIVE INVESTIGATION AGAINST ELECTIVE BARANGAY OFFICIALS." SECTION 2. Coverage: The herein ordinance shall govern the conduct of the administrative cases filed against elective Barangay officials within the City of Pagadian. SECTION 3. Definition of Terms: As may apply to the conduct of administrative investigation and for the purpose of this Ordinance, the following terms are hereby defined as: Abuse of Authority - Excessive use of power or authority unbefitting of a public official. Acts committed in excess of one's power or authority as conferred on him by law or outside of one's duties and functions. After the Issues are Joined - The complaint has been answered and there is no longer any substantial preliminary issue that remains to be threshed out. Appeal - The method of exercising appellate jurisdiction for the review by the Sangguniang Panlalawigan of decisions on administrative cases filed before the Sanggunian Panlungsod. Committee - refers to the Committee on Good Government, Ethics & Civil Service of the Sangguniang Panlungsod. Culpable Violation of the Constitution - A deliberate or willful, or intentional, violation of the fundamental law. Dereliction Of Duty - Means deliberate, conscious or willful neglect of duty. This may be deliberate overt acts or by intentional omission of a duty. Disloyalty To The Republic Of The Philippines - An act seeking to remove allegiance from the Republic of the Philippine such as for instance, rebellion or insurrection. Disciplinary Action - A mode of correction or punishment for certain unlawful conduct, behavior or actuations of elective barangay officials in connection with the performance of their powers, functions and duties, as prescribed by law, or in relation to their public office, based on grounds specified therein. Dishonesty - Lack of honesty or integrity of disposition to deceive or defraud, such as for instance, malversation, falsification, bribery, etc. Concealment or distortion of truth in a matter of fact relevant to one's office or connected with the performance of his duties. Disloyalty to the Republic of the Philippines - An act announcing or seeking to remove allegiance from the Republic such as, for instance, rebellion or insurrection. Due Process - Is that which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. It requires notice and opportunity to be heard before judgment is rendered. Misconduct in Office - A transgression of some established and definite rule of conduct, more particularly, unlawful behavior or gross negligence by the public officer. Misconduct, whether involving dishonesty, oppression or any form of misdeeds, must comprehend a wrongful intention and not a mere error of judgment. It must be misconduct that affects the performance of duties as a public officer and not as a private individual. Neglect of Duty - The omission or refusal, without sufficient excuse, to perform an act or duty, when it was the officer's legal obligation to perform. The disregard of some duty imposed by law. Moral Turpitude - These are acts considered to be immoral in itself. Most of these acts are those classified as "malan en se" (should read "mala en se"; meaning "acts wrong in themselves") as contra distinguished from "mala prohibita" (meaning "acts which are considered wrong because they are prohibited by law). Oppression - An act of cruelty, severity, unlawful exaction, domination, or excessive use of authority. Preventive Suspension - Is a disciplinary sanction imposed by the Mayor upon the recommendation of the Committee and concurred by the Sangguniang Panlungsod. Prison Mayor - A penalty imposed by the Revised Penal Code that has a duration of six (6) years and one (1) day to twelve (12) years imprisonment. Punitive Suspension - Is a penalty recommended by the Committee, concurred by the Sangguniang Panlungsod and enforced by the Mayor. Public Official - Is any person who, by direct provisions of law, popular election or appointment by competent authority, takes part in the performance of public functions in the government, duties as an employee, agent or subordinate official, or any rank or class. Quasi-Judicial Body - Refers to the Sangguniang Panlungsod as administrative body of the Local Government of Pagadian having jurisdiction to administrative complaints filed against elective Barangay Officials pursuant to Section 1961-68 of RA 7160. Quasi-Judicial Power - The incidental power of an officer or body to hear and determine controversies outside of its administrative or legislative duty or power; is the power to hear and determine or ascertain facts and decide cases by the application of the rules of law in the enforcement and administration of justice; is exercised by the Sangguniang Panlungsod through its Committee on Ethics and Good Government. SECTION 4. Nature of Proceedings: The proceedings that may be conducted by the Committee shall be governed by this Ordinance and the pertinent provisions of the Local Government Code of 1991 (R.A. 7160). It is summary in nature and shall not be bound by the rules on evidence which may be applied suppletorily. It is a must, however, that due process of law must be observed. RULE 2 GROUNDS FOR ADMINISTRATIVE DISCIPLINARY ACTION SECTION 5. Grounds for Disciplinary Actions. Disciplinary actions against Barangay officials as contained in this Article constitute the administrative punishment of admonition, reprimand or censure; withholding of privileges, suspension, forfeiture of salary, demotion or removal from office for commission of the following acts: Disloyalty to the Republic of the Philippines, to wit: - 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 Culpable violation of the Constitution, to wit: - 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 Commission of any offense involving moral turpitude or an offense punishable by at least prison mayor, to wit: - Rape - Adultery or concubinage - Act of lasciviousness - Seduction, corruption of minors and - White slavery Abuse of Authority which may include, but not limited to, insubordination frequent absences or tardiness, habitual drunkenness, and gambling prohibited by law. Unauthorized absence for fifteen (15) consecutive working days, except in the case of local chief executives, and four (4) consecutive sessions, in case of members of the Sangguniang Panlalawigan. Sangguniang Panlungsod, Sangguniang Barangay. Application for, or acquisition of, foreign citizenship, or residence or the status of an immigrant of another country; and Such other grounds as may be provided under R.A. 7160 and other laws. (Sec. 60, R.A. 7160), (Art. 124 IRR of R.A. 7160) An elective Barangay official may be removed from office on the grounds enumerated above by order of the proper court or by the City Mayor and recommended by the Sangguniang Panlungsod as the disciplining authority whichever first acquires jurisdiction to the exclusion of the other. RULE 3 COMPLAINT & ANSWER SECTION 6. Filing of Administrative Complaints Submission of Answer or Counter Affidavits, Submission of Affidavits Witnesses and Enclosures of Documentary and Object Evidence: Affidavits of the Complainant(s), and counter affidavits of respondents and their respective witnesses shall be done in judicial Affidavit Form (Question and Answer format). Where the affiant is not conversant in the English language, the affidavit shall be done in the dialect he is conversant with a corresponding English translation. All affidavits submitted must carry a verification clause; Complaint(s) against any elective Barangay officials in the City of Pagadian shall be filed before the Sangguniang Panlungsod through the Committee on Good Government, Ethics and Civil Service (Sec. 61, R. A. 7160) in five (5) copies. Attached to the Complaint Affidavit shall be the affidavit of witnesses for the Complainant including all documentary and object evidence also in five (5) copies. After the receipt of the Complaint Affidavit, the Chairman of the Committee on Good Government, Ethics and Civil Service shall report to the Sanggunian the existence of the Complaint for the creation of the Ad Hoc committee of three who will take care of the preliminary investigation. The chairman of the Committee on Good Government, Ethics and Civil Service shall serve as chairman of the Ad Hoc Committee plus two other members of the Sangguniang Panlungsod. Within seven (7) days after the administrative complaint is filed, the Chairman of the Committee of Good Government, Ethics and Civil Service shall issue summons to the respondent requiring him to submit his responsive pleading to the Complaint within fifteen (15) days from his receipt of the summons. The summons shall be accompanied with a copy of the complaint including all annexes. Within fifteen (15) days after the Respondent shall have received his copy, the respondent shall submit his responsive pleading (such as his counter-affidavit) and the affidavit of his witnesses, including documentary and object evidence required for his defense. Unreasonable failure of the respondent to file his verified pleading within 15 days from receipt of summons shall be considered waiver on his rights to present evidence on his behalf. The venue of the investigation shall be the Barangay where the elective official has been elected or the Session Hall of the Sangguniang Panlungsod of the City of Pagadian, at the option of the investigating officers; The Ad Hoc committee hearing or investigation shall start within ten (10) days from the receipt of respondent's responsive pleading; The Ad Hoc committee hearing or investigation shall start the investigation with a Preliminary Conference where both parties are required to attend. The following objectives shall be explored: The probability of settlement between parties; Clarification of the facts and other areas related to the case Conference between legal counsels of both parties; Defining the limits and parameters of issues in the complaint and answer; Naming and limitation of additional witnesses of the parties Reservation on the presentation of documentary or object evidence not readily available; The submission of the additional judicial affidavits or reserved documentary or object evidence shall be done within seven (7) days after the Preliminary Conference, after which, whether there be any submission of additional affidavits or documentary evidence or object evidence, the Ad Hoc Committee shall render the evaluation of the case. RULE 4 EVALUATION SECTION 7. Evaluation. After the Preliminary conference, The Ad Hoc committee shall evaluate the case and make its recommendation to the Sangguniang Panlungsod. The recommendation may either be: Where there is no probable cause, the Ad Hoc committee may dismiss the case outright and seek only the Approval of the Dismissal by Sanggunian by the way of a Resolution; Where the Ad Hoc Committee finds a probable cause, the Ad Hoc Committee shall so state and recommend for the creation of the Committee as a whole for the purpose of hearing the case. SECTION 8. The Sanggunian As A Committee As A Whole - As administrative cases may be heard summarily, once the committee as a Whole is convened, the Committee as a Whole has the following options to wit; Where the facts of the case is clear and issues duly joined, the Committee as a whole may opt to decide the case without requiring the parties to present further testamentary or documentary or object evidence; Where there is a need to clarify facts and issues in order to render a viable and intelligent decision, the Committee as Whole may opt to receive further oral testimonies and evidence, making use of the judicial affidavits of the parties and their witnesses as direct testimonies and conducting only clarificatory questions to selected witnesses. Legal counsel of parties and their witnesses may move to conduct clarificatory examinations on witnesses on the witness stand only after the clarificatory questions conducted by the members of committee as a whole. After the case is submitted for decision, the chairman of the committee on Good Government and Civil Service shall pen the decision of the case concurred by the members of the Ad Hoc Committee. The decision shall be submitted to the Committee as a Whole for approval by way of a Resolution. Members of the Committee as a Whole who do not approve of the decision may submit their dissenting opinion on the case. RULE 5 PREVENTIVE SUSPENSION SECTION 9. Imposition. Upon receipt of the Resolution of the Sanggunian directing the preventive suspension to the respondent, the municipal mayor shall issue the order imposing the preventive suspension to the respondent without delay. A copy of the order duly served shall be furnished the Sanggunian, and other departments of the municipality for their information and appropriate action. SECTION 10. 90-day-ban. No 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 shall be imposed prior to ninety (90) days period immediately preceding local elections, it shall be deemed automatically lifted upon the start of the said period (Sec. 62, RA 7160 and Art. 126 IRR) SECTION 11. Automatic Reinstatement. Upon expiration of the preventive suspension, the suspended 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 was formally notified of the case against him. However, if delay in the proceeding of the case is due to fault, or request, other than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case. SECTION 12. 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 6 PRELIMINARY CONFERENCE SECTION 13. Preliminary Conference. The Committee shall within (10) days from its constitution summon the parties to a preliminary conference to consider the following: Whether the parties could agree on amicable settlement; Whether the parties desire a formal investigation or are willing to submit the case for resolution upon submission of their respective position papers together with their documentary evidences; If the parties desire a formal investigation, to consider the simplification of issues, the possibility of obtaining stipulation or admission of facts and of documents, specifically affidavits and depositions, the limitation of the number of witnesses, dates of hearing, and such other matters as may aid the prompt disposition of the case. SECTION 14. Preliminary Conference Brief. The parties may submit their respective preliminary conference brief containing the matters found in the foregoing section and such other matters that will aid the Committee in the expedition's resolution 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 15. Preliminary Conference Order. After the preliminary conference, the committee shall issue an order reciting the matters taken up thereon, including 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 shall schedule the formal investigation within (10) days from its issuance, unless a later date is mutually agreed by the parties concerned. SECTION 16. Submission For Resolution/Decision. The parties may agree to submit the case for resolution /decision based on the result of the preliminary conference without any need for further hearings. SECTION 17. Presence Of The Parties And Counsel. The parties and their respective counsels, if represented, are required to attend the preliminary conference. In case of the absence of the complainant and his counsel, if represented, without any justifiable reason, the case shall be dismissed. In case of the absence of the respondent and his counsel, if represented, without any justifiable reason, it shall be deemed as waiver of his right to present evidence in his favor and the investigation/hearing may precede ex-parte. RULE 7 FORMAL INVESTIGATION SECTION 18. 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 ad testificandum and subpoena duces tecum. SECTION 19. Who Conducts The Hearing. The formal administrative investigation shall be conducted by the Committee; provided, that, the Sanggunian is not precluded from assuming the conduct of the investigation at any stage of the proceeding, if it may deem necessary. SECTION 20. Power To Take Testimony Or Receive Evidence And Issue Interlocutory Orders. The Committee is hereby authorized to take testimony or receive evidence relevant to administrative proceedings which authority shall include the power to administer oaths, summon witnesses, and require the production of documents by issuing subpoena and subpoena duces tecum pursuant to Book 1, Chapter 9, Section 37 of the Administrative Code of 1987. Anyone who, without lawful excuse, fails to appear upon summons, issued under authority of the preceding paragraph or who, appearing before the Committee 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 the case of contempt of court and, upon application by the Committee, shall be dealt with by the judge of the proper Regional Trial Court in the manner provided for under Book II, Chapter 3, Section 13, in relation to Chapter 1, Section 2 (1), of the Administrative Code of 1987. The Committee is also authorized to issue interlocutory orders. SECTION 21. Notice Of Hearing. The parties their witnesses shall be notified of the scheduled of hearing at least five (5) days before the date thereof , stating the date, time and place of hearing. SECTION 22. Venue Of Hearing. The formal investigation as contemplated in this rule shall be conducted in the session hall of the Sanggunian. SECTION 23. Request For Subpoena. If a party desires the attendance of a witness or the production of documents , he should formally request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days before the scheduled hearing. SECTION 24. Postponement. No postponement shall be allowed unless for meritorious grounds, which in no case be more than once during the entire proceeding. SECTION 25. Stenographic Record Of Proceeding. The testimony of each witness and the manifestation of the parties of the counsels during an investigation shall be taken in shorthand or stenotype, tape-recorded or any other mode of recording. A transcript of the proceedings made by the official stenographer or stenotypist, and duly certified by him shall prima facie a correct statement of such proceedings. The stenographer, stenotypist or any personnel assigned to record the proceedings shall immediately transcribe the same and prepare the transcript thereof without any delay. The transcripts of the proceedings shall be paged consecutively and in chronological order, sewed on the left hand side, and properly indexed, showing the page on which the testimony of each witness begins. All transcript of proceedings shall be filed in a separate folder. The parties may request copies of the transcripts upon payment of the required fees. SECTION 26. Order Of Hearing. The order of the hearing shall be as follows: The complainant shall produce the evidence on his part; The respondent shall offer evidence in support of his defense; and The parties may then respectively offer rebutting evidence unless the Committee for good reasons and in the furtherance of justice, permits them to offer evidence upon their original case. RULE 8 EVIDENCE SECTION 27. Rules Of Evidence In Administrative Disciplinary Proceedings. The Committee may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs. A fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion; 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; The Committee 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 28. Marking. All documentary evidence or exhibits shall be properly marked by letters (A,B,C, etc.), if presented by the complaint, and by numbers (1,2,3, 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 be attached to the records. SECTION 29. Offer Of Evidence/Exhibits. Testimony of a witness must be offered at the time the witness is called to testify. Documentary and object evidence shall be offered after the presentation of a party's testimonial evidence. Such offer shall be done orally unless allowed by the Committee to be done in writing. The purpose for which the evidence is offered must be specified. RULE 9 DECISION SECTION 30. Form And Notice Of Decision. Investigation of the case shall be terminated within ninety (90) days after the start thereof. Within thirty (30) days after the end of the investigation, the Sanggunian concerned shall render a decision based on the recommendation of the Committee on Good Government, Ethics & Civil Service in writing, stating clearly and distinctly, the facts and the reasons for such decision. Copies of said decision shall immediately be furnished the respondent and all interested parties. The Committee shall call a final hearing with the sole purpose of promulgating the decision reached by the Sangguniang Panlungsod. A motion for reconsideration of the order for decision may be filed by the concerned party at least ten (10) days from receipt of the order. The motion for reconsideration, which in itself is a form of an appeal, does not prevent the decision from becoming final and executory. 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 the penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office. 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. RULE 10 PENALTIES SECTION 31. Disciplinary Sanctions For Erring Barangay Official. Elective Barangay Officials found guilty of committing any of the administrative offenses enumerated herein, shall be sanctioned as follows: Immediate removal or dismissal from office for actions of disloyalty to the Republic of the Philippines or any combination of such acts as enumerated in this Article; Imposition of disciplinary punishment of dismissal from office, suspension or forfeiture of salary; or any combination thereof for a period not exceeding one hundred eighty (180) days for culpable violation of the Constitution comprising, but not limited to, acts enumerated in this Article. Imposition of administrative punishment of admonition or reprimand; 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 for acts of dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty and any or combination of the acts enumerated under this Article. Crimes involving moral turpitude and is not linked with the performance of official duties, conviction by final judgment is required as a condition precedent to administrative action. Crimes involving moral turpitude committed within the purview of official duties shall have the penalty of immediate removal or dismissal from office. Censure, reprimand, suspension or removal from office for abuse of authority comprising, but not limited to, acts enumerated in this Article. SECTION 32. Preventive & Punitive Suspension And Reinstatement. Preventive suspension is imposed by the Mayor upon the recommendation of the Committee on Good Government, Ethics & Civil Service as concurred by the Sanggunian; while suspension as a penalty is a decision arrived at by the Committee on Good Government, Ethics & Civil Service, concurred by the Sanggunian and enforced by the Mayor. Requirements in Issuing a Preventive Suspension Order. A Preventive Suspension Order may be issued by the authorized official concerned at any time after the issues are joined subject to the following requisites: - When the evidence of guilt is strong, and given the gravity of the offense, there is 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. - Any single preventive suspension of local elective official shall not extend beyond sixty (60) days. - In the event that several administrative cases are filed against an elective 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. - Upon the expiration of the preventive suspension, suspended elective official(s) 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 was formally notified of the case against him. - However, if delay in the proceedings of the case is due to respondent's fault, neglect, or request, other than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case. - Respondent elective official preventively suspended from office shall not receive salary or compensation during the period of suspension, but upon subsequent exoneration and reinstatement, shall be paid full salary or compensation including such emoluments accruing to him during the suspension. (Sec. 64, RA 7160) Punitive 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. 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. (Sec. 66, RA 7160). RULE 11 ADMINISTRATIVE APPEAL SECTION 33. Administrative Appeal. Decisions in administrative cases may, within thirty (30) days from receipt thereof, be appealed with the Office of the President. The decision of the Office of the President shall be final and executory. 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 period of an appeal. In the event the appeal results in exoneration, he shall be paid his salary and such other emoluments during the period of the appeal. (Sec. 68, RA 7160) RULE 12 MISCELLANEOUS PROVISIONS SECTION 34. Docket Or Logbook. The Sanggunian shall keep a logbook and/or docket of all administrative cases filed with it and shall assign a case number for each case in the order that they are filed. SECTION 35. Custodian Of The Records. The Sanggunian Secretary shall be custodian of all records pertaining to all administrative cases and shall receive all pleadings and other papers in connection thereto. SECTION 36. Transitory Provision. All pending administrative cases not yet decided upon the effectivity of this Rules shall be heard by the Committee. SECTION 37. Repealing Clause. All rules and regulations and other issuances in conflict hereof, are hereby repealed. SECTION 38. Effectivity. These Rules shall take effect after ten (10) days following the posting of copies hereof at the entrance of the City Hall and at the bulletin board of the Sanggunian. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 9th Regular Session held on 13 September 2016 at the Sangguniang Panlungsod Session Hall, Pagadian City.