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City of lloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD
EXCERPT FROM THE MINUTES OF THE 161H REGULAR SESSION OF THE aTH
SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT
THE SESSION HALL, 6TH FLOOR NEW CITY HALL BUILDING, PLAZA LIBERTAD,
ILOILO CITY, ON TUESDAY, APRIL 25, 2017.
PRESENT:
HON. JEFFREY P. GANZON
Acting_ Presiding Officer
ABSENT:
Hon. Jose S. Espinosa Ill (On Leave) Vice Mayor & Presiding Officer
Hon. Jose Efrain G. Treiias Ill (On Leave) Member
"PREFATORY STATEMENTS
Pursuant to Section 61 of Republic Act No. 7160, otherwise known as the Local
Government Code (LGC) of 1991 and the relevant provisions of its Implementing Rules
and Regulations, the Sangguniang Panlungsod of lloilo City has original jurisdiction over
administrative disciplinary cases against elective barangay officials within the City of
lloilo.
thus, it is necessary for the Sanggunian Panlungsod to adopt rules that shall govern
such investigation and proceedings.
RULE 1
GENERAL PROVISIONS
SECTION 2. Coverage. - The rules of procedure shall govern the conduct of the
investigation and hearings by the Sangguniang Panlungsod of lloilo City in
administrative cases filed against elective barangay officials within the territorial
jurisdiction of the City of lloilo.
RULE2
GROUNDS FOR ADMINISTRATIVE
DISCIPLINARY ACTION
(d) Commission of any offense involving moral turpitude or any offense punishable
by at least prision mayor, which is from six (6) years and one (1) day to twelve
(12) years imprisonment;
(f) Unauthorized absence for fifteen ( 15) consecutive working days in case of the
Punong Barangay and four (4) consecutive sessions in the case of members of
the sangguniang barangay;
(g) Application for, or acquisition of, foreign citizenship or residence of the status of
an immigrant of another country; and
(h) Such other grounds as may be provided by the Local Government Code of 1991,
Republic Act No. 6713, Republic Act No. 3019, Civil Service Law, Revised Penal
Code and all other applicable general and special laws.
RULE3
COMPLAINT
A cial shall be given due course unless the same is in writing under oath The
mplaint shall be addressed to the Sanggunian Panlungsod and shall be
ccompanied by the affidavits of witnesses or evidence in support of the charge. It shall
be drawn in clear, simple, and concise language and in 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 called the "Complainant"
while the official against whom the complaint is filed shall be called the "Respondent".
(b) Full name and address of the respondent as well as his position and office;
(c) A narration of the relevant and material facts which shows the acts or
omissions allegedly committed by the respondent. Documentary evidence
and sworn statements or affidavits of witnesses, if any, should be attached as
annexes; and
f
issues, has been filed before any agency or administrative body performing
quasi-judicial functions.
Reg. Ord. No. 2017-069. Apr. 25. 2017 Page4
SECTION 3. Where filed. - Two (2) copies of the complaint plus additional
copies corresponding to the number of respondenUs shall be filed with the Office of the
Sanggunian Panlungsod Secretary. The complaint shall be included in the calendar of
business on the next regular session immediately following the day of its receipt.
The complainant shall serve a copy of the complaint upon the Office of the City
Mayor of lloilo and lhe City Director of the Department of Interior and Local Government
(DILG). Proof of service of the complaint upon the foregoing parties shall be submitted
together with the complaint.
RULE4
ANSWER
SECTION 1. Notice. - Within seven (7) days after the complaint is duly
ived the Office of the Sangguinan Panlungsod Secretary, the Sanggunian
Panlungsod, in its regular session, shall determine if the complaint complies with all the
requirements under Sections 2 and 3 of Rule 3. Upon confirmation of such
compliance, the Sanggunian Panlungsod shall issue a summon requiring the
respondent to submit his answer within a period of fifteen (15) days from receipt
thereof.
SECTION 3. Where filed. - The respondent shall submit two (2) copies of
the answer to the Office of the Sanggunian Panlungsod Secretary, copy furnished
the following:
No other motion shall be allowed in lieu of the answer. In which case, the
Sangguniang Panlungsod shall not entertain any request for clarification, bill of
particulars, motion to dismiss and any other motions patently designed to delay the
administrative proceedings.
RULES
EVALUATION
/ In the event that the Sanggunian Panlungsod finds a prima facie case
warranting the conduct of further proceedings, it shall, within ten (10) days from
such prima facie finding, order the creation of an Ad Hoc Investigating Committee
that shall conduct the investigation. The Ad Hoc Committee shall be composed of
the following:
RULE&
PREVENTIVE SUSPENSION
SECTION 1. Determination. - After the issues are joined, 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 other evidence, the Ad Hoc Committee may
f
recommend to the Sanggunian Panlungsod that respondent be placed under preventive
suspension which shall not extend beyond sixty (60) days; Provided, That in the event
Reg. Ord. No. 2017-069. Apr. 25. 2017 Page6
that several administrative cases are filed against the respondent, 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.
A copy of the order duly served shall be furnished the Sanggunian Panlungsod
and other departments of the city for their information and appropriate action.
RULE7
PRELIMINARY CONFERENCE
Any objection to the evidence offered may be included in the Position Paper.
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 in
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.
I
uled hearing.
SECTION 6. Presence of the parties and counsel. - The parties and their
pective counsels, if represented, are required to attend the preliminary conference.
and pleadings filed by the parties. Any additional relevant affidavits and/ or documentary
evidence may be attached by the parties to their position papers.
The failure of the party to submit said documents shall be deemed as a waiver
thereof.
SECTION 9. Clarificatory Hearing - Within five (5) days from receipt of the
position paper of the parties or after the expiration of the period to file the same, either
party may move for the issuance of an Order for the conduct of a clarificatory hearing
where parties shall be afforded the opportunity to be present and submit written
clarificatory questions to the Adhoc Committee which will determine whether or not the
questions are necessary and relevant to the fact in issue.
The Adhoc Committee may, at its instance, require the conduct of clarificatory
hearing if in its opinion there is a need to clarify certan factual matters before rendering
a judgment. Otherwise, the case shall be submitted for resolution upon the expiration of
the period given for the filing of the position paper, affidavits and other pleadings, or
when no requests from the parties were made.
RULE9
EVIDENCE
(a) 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;
{c) 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.
RULE10
REPORT OF THE COMMITTEE
Reg. Ord. No. 2017-069. Apr. 25. 2017 Page9
(a) from receipt of the last pleading and evidence, if any, in case the respondent
does not elect a formal investigation;
(b) after the expiration of the period within which to submit the same; or after the
termination of the formal investigation; or
(c) after the parties have submitted their respective memoranda or after the
expiration of the period for their submission.
RULE 11
DECISION
The decision shall be rendered within thirty (30) days from the date of submission
for resolution. The decision shall be in writing, stating clearly and distinctly the facts and
reasons for such decision.
The decision shall state the concurring, dissenting, abstaining and absent
m bers, and shall bear the signatures of the ponenteand members who concur. Any
ember of the Sanggunian Panlungsod who dissents may write a separate dissenting
opinion which shall be submitted within the said 30-day period, which shall be appended
to the decision of the majority.
Copies of said decision shall immediately be furnished the respondent, the City
Mayor, the DILG City Director, and all interested parties after it has been signed as
mentioned above.
SECTION 2. Required number of votes for the decision. - All decisions of the
Sanggunian Panlungsod, be it with sanction or dismissal, shall be approved by at least
a majority of all the members duly elected and qualified.
RULE12
MOTION FOR RECONSIDERATION
(a) New evidence has been discovered which materially affects the order, or
decision; or
(b) Errors of law or irregularities have been committed prejudicial to the interests
of the movant.
Only one motion for reconsideration shall be allowed, which shall be decided
within fifteen (15) days from date of submission for resolution. No other pleading shall
be allowed other than the motion for reconsideration and opposition thereto.
A motion for reconsideration shall not toll the running of the period to appeal and
the movant has to perfect his appeal within the remaining period.
The motion for reconsideration shall be heard and evaluated by the Committee
and shall submit its recommendation with the draft resolution/order to the Sanggunian
Panlungsod within ten (10) days from submission for resolution.
If the motion for reconsideration has not been resolved with the period to appeal,
the same is deemed denied.
It is incumbent upon the movant to check with the Committee or the Sanggunian
Panlungsod the status of his motion for reconsideration and to perfect his appeal, in
case the said motion has not been resolved within the period to appeal.
RULE13
PENALTIES
When the respondent has meted two (2) or more penalties of suspension for two
(2) or more administrative offenses, such penalties shall be served successively.
RULE14
EXECUTION OF DECISION
A copy of the Order implementing the final decisions and orders of the
Sanggunian Panlungsod shall be furnished the Office of the Municipal Mayor, MLGOO
and other interested parties for their information and appropriate action.
RULE 15
ADMINISTRATIVE APPEAL
The notice of appeal shall indicate the parties to the appeal, the decision or
order appealed from, and state the material dates showing the timeliness of
ppeal.
RULE16
MISCELLANEOUS PROVISIONS
Important data such as date of filing, date of hearing, status of the case, e.g.,
when submitted for resolution, date of promulgation of decision, date when the decision
becomes final, and other relevant data shall be entered in the said logbook or docket.
SECTION 4. Repealing clause. -All rules and regulations and other issuances
in conflict hereof, are hereby repealed.
SECTION 5. Effectivity. - These Rules of Procedure shall take effect after ten
( 1O) days following the posting of copies hereof at the entrance of the City Hall and at
the bulletin board of the Sanggunian Panlungsod."
UTH H.ARROY
Seer tary to the Sang
A~
P NZON
si in Officer
/nats