RESOLUTION NO. 2023-0397 (Sponsor: Ad Hoc Committee) "A RESOLUTION REFERRING TO THE BODY ACTING AS COMMITTEE OF THE WHOLE THE ADMINISTRATIVE COMPLAINT DOCKETED AS SP ADMIN CASE NO. 001-2023 FILED BY DIOSDADO A. UNO, ET.AL. AGAINST PUNONG BARANGAY ROEL A. AMBAN AND BARANGAY TREASURER EDITHA A. LUMPOC OF BARANGAY DEBOROK, PAGADIAN CITY, FOR GRAVE MISCONDUCT AND ABUSE OF AUTHORITY, FOR THE CONDUCT OF HEARING PURSUANT TO PARAGRAPH 2, SECTION 7 OF RULE 4 OF CITY ORDINANCE NO. 2016-362, ENTITLED: "AN ORDINANCE ADOPTING THE RULES OF PROCEDURES IN THE CONDUCT OF ADMINISTRATIVE INVESTIGATION AGAINST ELECTIVE BARANGAY OFFICIALS" WHEREAS, the Adhoc Committee--a special committee created by the purposely for the conduct of a preliminary investigation relative to an administrative complaint filed by Barangay Kagawad Diosdado A. Uno, et.al., against Punong Barangay Roel A. Amban and Barangay Treasurer Editha A. Lumpoc, all of Barangay Deborok, this city, for Gross Misconduct and Abuse of Authority--after careful perusal and initial consideration of the foregoing, finds probable cause to indict the above-named respondents of the afore-mentioned charges based on the following grounds, to wit: The respondent failed to present pertinent documents to show there was proper posting and bidding made prior to the procurement and payment of the subject motor vehicle and the construction of the perimeter fence of the tribal hall in Barangay Deborok, this city, to the preferrable/selected supplier in violation of the provisions of Republic Act No. 9184 otherwise known as the "Government Procurement Reform Act;" The preferrable/selected supplier, known as Cherie General Merchandise with an office address at Barangay Dao, Pagadian City, during the time of the procurement process, failed to meet the minimum requirement prescribed under Republic Act No. 9184 or the Government Procurement Reform Act, such as the following circumstances: b.1 The above-named supplier voluntarily and willingly admitted during one of the Committee's preliminary hearing, that they have not yet secured necessary permits and/or accreditation during the time of the procurement process; b.2 The above-named supplier's application for accreditation with the Philippine Government Electronic Procurement System (PhilGeps) was not yet approved and their registration with the Bureau of Internal Revenue was still on process; WHEREAS, in view of the foregoing, the Ad Hoc Committee, pursuant to Paragraph 2, Section 7 of Rule 4 of City Ordinance No. 2016-362, entitled: "An Ordinance Adopting the Rules of Procedures in the Conduct of Administrative Investigation Against Elective Barangay Officials," deems it imperatively necessary to refer the above-entitled administrative complaint to the body acting as Committee of the Whole for the conduct of the proper hearing; NOW, THEREFORE, on seconded motion of Honorable Ronald Christopher Glenn L. Ariosa, be it RESOLVED to refer, as this body hereby refers to the body acting as Committee of the Whole the administrative complaint docketed as SP Admin Case No. 001-2023 filed by Diosdado A. Uno, et.al. against Punong Barangay Roel A. Amban and Barangay Treasurer Editha A. Lumpoc of Barangay Deborok, Pagadian City, for Grave Misconduct and Abuse of Authority, for the conduct of hearing pursuant to Paragraph 2, Section 7 of Rule 4 of City Ordinance No. 2016-362, entitled: "An Ordinance Adopting The Rules Of Procedures In The Conduct Of Administrative Investigation Against Elective Barangay Officials." RESOLVED FURTHER, to let a copy of this Resolution be furnished the Complainants, Barangay Kagawad Diosdado A. Uno et.al.; and the Respondents, Punong Barangay Roel A. Amban and Barangay Treasurer Editha A. Lumpoc, for their information and guidance. APPROVED UNANIMOUSLY. I HEREBY CERTIFY to the correctness of the foregoing resolution. BALDOMERO FERNANDEZ City Vice Mayor/Presiding Officer Verified: JESUS B. BAJAMUNDE, JR. SP Member/Floor Leader Attested: ELKID P. NACUA Secretary to the Sangguniang Panlungsod