RULES AND PROCEDURES ON INVESTIGATION OF ADMINISTRATIVE CASES AGAINST ELECTIVE BARANGAY OFFICIALS OF THE MUNICIPALITY OF CATARMAN, CAMIGUIN
Section 1
Coverage. This rules and procedures shall apply to administrative disciplinary cases filed against elective barangay officials of the municipality of Catarman, Camiguin.
Section 2
Disciplinary authority. The Sangguniang Bayan shall act upon all administrative complaints duly verified against elective barangay officials mentioned in the preceding section. The Sangguniang Bayan shall hereinafter be referred to as the Disciplinary Authority. The Sangguniang Bayan may after taking jurisdiction of the administrative case commission and/or name the committee on Justice and Good Government as the Investigating Authority or have the Sangguniang Bayan en banc to conduct the investigation of the case. As counsel of the Sangguniang Bayan, the Municipal Attorney or the Provincial Attorney or the Provincial Prosecutor as the case maybe, shall assist the Disciplinary Authority and the Investigating Authority in all matters referred to him/her for evaluation, comments and/or opinion.
Section 3
Ground for Administrative Disciplinary Action. An elective barangay official may be disciplined, suspended or removed from the office on any of the following grounds:
3.a Disloyalty to the Republic of the Philippines
3.b Culpable violation of the Constitution
3.c Dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty.
3.d Commission of any offenses involving moral turpitude, or any offense punishable by at least prison mayor, which is from six (6) years and one (1) days to twelve (12) years imprisonment.
3.e Abuse of authority
3.f Unauthorized absence for fifteen (15) consecutive working days in case of the Punong Barangay abd four (4) consecutive sessions in case of the sangguniang member
3.g Application for or acquisition of foreign citizenship or residence or status of an immigrant of another country, and
3.h Such other grounds as maybe provided by R.A. 7160, R.A. 6713, R.A. 3019, Revised Penal Code and Other Applicable General and Special Laws.
Section 4
How Initiated. An administrative case maybe initiated by any private individual or any government officer or employee by filing a verified complaint against any elective barangay officials of the Municipality of Catarman, Camiguin.
Section 5
Form of Complaint. The verified complaint accompanied by affidavit of witnesses or evidence in support of the charge, shall be addressed to the Sangguniang Bayan. It shall be drawn in clear, simple and concise language and in methodical manner as to appraise the respondent of the nature of the charge against him to enable him to prepare his defense. The party who filed the complaint shall be called the complainant, while the official complained of shall be called the respondent.
Section 6
Where to File. The complaint shall be filed with the Office of the Sangguniang Bayan, thru the Secretary thereof.
Section 7
Answers.
7a. Notice. Within seven (7) days after the complaint is filed, the Disciplinary Authority thru the Secretary shall issue a summon with the attachment of the copy of the complaint and its supporting documents requiring the respondent to submit his verified answer within fifteen (15) days from the receipt thereof.
7b. Form of Answer. The answer of the respondent shall be under oath and the affidavit of witnesses and evidences in support of the defense shall be addressed to the Sangguniang Bayan and shall be drawn on clear, simple and concise language and in methodical manner as to traverse the charge.
7c. When to File. The answer shall be filed at the Office of the Sangguniang Bayan, thru its Secretary, a copy of which, shall be furnished the complainant with proof of service thereof shall be required before filing the answer.
7d. Failure to Answer. Unreasonable failure of the respondent to file his verified answer within fifteen (15) days from receipt of the complaint against him shall be considered as waiver of his right to present evidence in his behalf.
Section 8
Formal Investigation.
8a. Procedural Due Process. The respondent shall be afforded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him to require the attendance of witnesses and the production of documents through the compulsory process of subpoena or subpoena duces ticum.
8b. Who Conduct the Hearing. The Investigating Authority shall conduct the formal administrative investigation.
8c. Failure To Commence Formal Investigation. Unreasonable failure to commence the formal investigation within the prescribed period on the preliminary conference by the person or persons assigned to investigate shall be a ground for administrative disciplinary action.
8d. Power To Take Testimony or Receive Evidence. The Investigating Authority is authorized to take testimony or receive evidence relevant to the administrative proceedings, which authority shall include the power to administer oath, summon witnesses and require the production of documents by subpoena duces ticum pursuant to the Administrative Code of 1987.
Anyone who without lawful excuse, fails to appear upon summons issued under the authority of 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 of the Investigating Authority, shall be dealt with by the proper Trial Court in the manner provided for under the Administrative Code of 1987.
8e. Notice of Hearing. The parties and their witnesses shall be notified by the subpoena of the scheduled hearing at least five (5) days before the date thereof, stating the date, time and place of hearing.
8f. Request for Subpoena. If a party desires the attendance of witnesses or the production of documents, he should make formal request for the issuance of the necessary subpoena or subpoena duces ticum at least three (3) days before the scheduled hearing.
8g. Postponement. Postponement of investigation shall be discouraged and shall be allowed only in meritorious cases, like illness of parties or counsels and other similar case. The postponement for a period longer than seven (7) days shall be allowed and in no case shall the total number of postponement for one (1) party be more than twenty (20) days.
8h. Stenographic Record of Proceedings. The testimony of each witness and the manifestation of the parties and counsels during the investigation shall be taken in shorthand stenotype, and or tape recording. A transcript of the proceedings made by the official stenographer or steno typist and duly certified by him shall be prime facie or correct statement of such proceedings.
8i. Sequence of Presentation of Evidence. The sequence of presentation of evidence by the parties shall be the following:
8i1 Evidence of Complaint
8i2. Formal Offer of Evidence for complainant preparatory to resting his case.
8i3. Evidence for Respondent
8i4. Formal Offer of evidence for respondent preparatory to resting his defense.
8i5. Rebuttal Evidence area not, due to expediency, normally resorted to in the administrative investigation; and
8i6. Filing of simultaneous memoranda.
8j1. For Complaint
8j1.1 Direct Examination
8j1.2 Cross Examination
8j1.3 Redirect Examination
8j1.4 Recross Examination
8j2. For Respondent:
8j2.1 Direct Examination
8j2.2 Cross Examination
8j2.3 Redirect Examination
8j2.4 Recross Examination
8k. Order of Examination. The order in which the witnesses for each party may be examined shall be as follows:
8k1. Adopt Complaint. Affidavit and other supporting affidavits as the direct tertimony of the complainant or respondent and the witnesses.
8k2. Cross Examination may be conducted by the opposing party, and
8k3. Clarificatory question may be conducted by the Committee.
8l. Termination of Formal Investigation. The Investigating Authority shall terminate the formal investigation of the case within ninety (90) days from the start thereof. Unreasonable failure to complete the formal investigation after the said period by the person or persons assigned to investigate shall be a ground for disciplinary action.
8m. Memoranda. The investigating Authority may allow the parties to submit their respective memoranda within fifteen (15) days after the termination of the formal investigation.
8n. Limitations in the Conduct of Investigation and Imposition of Suspension. Limitations in the conduct of Administrative Investigation and imposition of suspension relative thereto are the following:
8n1 The investigation shall be held within ninety (90) days immediately prior to an election.
8n2 No preventive suspension shall be imposed within the said period. If however, the preventive suspension has been imposed prior to the aforesaid period the preventive suspension shall be filed.
Section 9. Evidence
9a. Non-Technical Procedure. The investigation shall be conducted solely for the purpose of ascertaining the truth and without necessarily adhering to technical rules applicable in judicial proceedings
9b. Material and Relevant Evidence. The investigating Authority shall accept all evidenc e having materiality and relevance to the case. In case of doubt it should resolve for the admission of the evidence subject to the objection interposed against the admission.
9c. Marking of Documentary Evidence. All Documentary evidence and/or exhibits shall be properly marked by letters (ABC) if presented by complainant and by the numbers (123) if presented by respondents. It shall be attached to the records or if voluminous, kept in a separate folder mark “Folder of Exhibits” which shall be attached and form part of the records.
Section 10. Report of Investigating Authority and Transmission of Records:
10a. Transmission of Records to Disciplinary Authority. The investigating Authority shall forward to Disciplining Authority its finding and recommendation together with the following:
10a1. The draft decision, resolution and order
10a2. The complete records with each page consecutively numbered and initialed by the record custodian.
10a3. A summary of proceedings thereon, from the filing of the complaint to the transmittal of the records in the chronological order indicating the action taken on the incidents involved; and
10a4. A list of all pleadings, motions, manifestations, annexes, exhibits and other documents submitted and filed by the contending parties as well as the corresponding orders and or resolutions. Such documents shall be forwarded to the Disciplining Authority within fifteen (15) days from the termination of the investigation or after the parties have submitted their respective memoranda if so allowed.
The transcript of the proceedings shall be paged consecutively and in chronological order: served in the left hand side and properly indexed: showing the page which the testimony of each witness begins.
10b. Records Classification. Records in administrative disciplinary case are classified as confidential in nature and any information as to charges, accusation of facts adduced may not be released and such records may not be available except to the proper authorities and upon request on the “need to know” basis pursuant to Memorandum Circular No. 78 dated August 14, 1964 as amended by Memorandum Circular No, 196 dated July 19, 1968 prescribing rules governing security of classified matter in government officers.
Section 11. Decision
11a. Rendition of Decision. On the next session day after the lapse of seven (7) days from receipt of the report of the Investigating Authority and transmittal records, the Disciplining Authority shall after due deliberation, render a decision thru a resolution duly approved in accordance with law, stating clearly and distinctly the facts and reasons for such decision, Copies of said decision shall immediately be furnished the respondent and all proper parties including the Office of the Mayor and the Municipal DILG.
11.b Execution Pending Appeal. An appeal shall not prevent a decision from becoming final and executor. The respondent shall be considered as having been placed under preventive suspension during the pendency of the appeal and in the event he/she wins the appeal or in the event the appeal results in the exoneration, the respondent shall be paid his salary or honorarium and such other emoluments accruing during the pendency of the appeal.
Section 12. Penalties
12a. Suspension or Removal. A respondent found guilty of any of the offenses enumerated in Section 3 of this Rules and Procedures, may be meted a penalty of suspension or removal depending on the evidence presented and the aggravating or mitigating circumstances that may be considered by the Disciplining Authority.
12b. 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.
12c. Removal. An elective barangay official may be removed from office on the grounds enumerated in Section 3 of this rules and procedures by the Disciplining Authority.
The penalty of Removal from Office as a result of the administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.
Section 13. Inter-Office Courtesy. Whenever it becomes necessary to invite or require the presence of any appointive barangay and municipal official and for him to produce any requested papers or documents, the Sangguniang Bayan or any of its committee may do so only by resolution approved in session or committee hearing, by a majority vote of the members present there being quorum, provided that, as a matter of inter office courtesy, a formal invitation to carry out the intent of the resolution shall be coursed through the Office of the Municipal Mayor being the Chief Executive of the LGU.
Section 14. Miscellaneous Provisions.
14a. Should there be a necessity for the efficient conduct of the investigation the rules of Court, the pertinent provisions of the 1987 Administrative Code and other applicable laws may be considered as supplemental rule and procedures to be applied in the proceedings.
Section 15. Effectivity. This ordinance shall take effect upon its approval.
ADOPTED, this 20th day of December, 2004.
APPROVED: December 20, 2004
GRACE NIEVES B. VELOSO
SB Secretary
ATTESTED:
CLEMENTE E. TORRO
Vice Mayor, Presiding Officer
APPROVED:
MARVE G. RODRIGUEZ
THOMPSON I. BABAEL
CLAUDIA E. MAISO
WILFREDO R. ABREGANA
LIBRADO B. ABESAMIS
ISIDRO E. DABLO
OLIMPIO A. JADMAN
BERNARDO B. BORRES
JULITO M. BORRES
GILBERTO G. LOQUIAS