Rules and Internal Government
Willful Neglect to Attend Regular Meeting of the Council
Section 1. Municipal Councilors are hereby required to attend regular meetings of the Council.
Section 2. Failure to attend meeting without good cause on the part of any Municipal Councilor, said Councilor will be subject to the payment of a fine of TWENTY PESOS (P20.00) for every willful absent from regular meeting of the Council, which fine shall be imposed by the majority of attending members of the Municipal Council.
Willful Neglect to Attend Regular Meeting of the Council
Section 1. Municipal Councilors are hereby required to attend regular meetings of the Municipal Council.
Section 2. Failure to attend meeting without reasonable or good cause on the part of any Municipal Councilor, said councilor shall be subject to the payment of a fine of TWENTY PESOS (P20.00) for every willful absent from regular meeting of the Council.
Section 3. That the fine of P20.00 shall be imposed by the Special Committee of Investigation, a body chosen by the Councilors among themselves, empowered to act, investigate, try and hear cases of willful absences of any councilor or councilors.
(a) That the Special Committee of Investigation shall be composed of three councilors; one chairman and two members.
(b) That for the time being the Special Committee shall compose of Councilor Abaoag, as Chairman, and Councilors Salomon and Quinto, as members.
(c) That in case the Chairman, or member of the Special Committee is the one supposed to be penalized for willful absence, the Council should select among themselves a pro-tempore chairman and pro-tempore members to act in their stead.
Internal Rules and Regulations of the City Council
Section 1. The members of the City Council of the City of Gen. Santos, shall be, pursuant to Section 12 & 13 of the City Charter.
PRESIDING OFFICER OF THE COUNCIL
Section 1. The Presiding Officer of the City Council, shall be the Vice Mayor of the City in accordance with Art. 3 Section 9 of the City Charter R.A. 5412, and he shall perform such duties in accordance with the City Charter and such other duties that may be assigned to him.
a) To preside over all sessions of the council.
b) During sessions, to preserve order and decorum and in case of disturbance or disorderly conduct in the Hall, galleries, corridors or rooms or within the premises, to take such measures he may deem advisable or as the body shall decide.
c) To decide all questions of order, subject as a body.
d) The Vice-Mayor and/or Presiding Officer shall have no right to vote except in cases of tie.
e) To perform such other duties under the provisions of the City Charter, R.A. 5412.
f) He shall recommend for approval all appointments of the employees of the City Council.
g) He shall assist in expediting business compatible with the right of the members, allowing brief remarks in cases of pending debatable motion.
Section 2. In the event of sickness, absence, abstentions, refusal to preside or other temporary incapacity of the presiding officer, the City Council shall be presided by the President Pro-Tempore and on the temporary incapacity of the latter, the City Council shall be presided by the Majority Floor Leader; on the temporary incapacity of the latter, the Minority Floor Leader shall be the presiding officer. In sickness, absence or other temporary incapacity of the foregoing officers, the body if it constitute a quorum shall choose one of the members present to act as temporary presiding officer.
Section 3. The Vice-Mayor as presiding officer of the Council, or any one temporarily acting as Presiding Officer thereof pursuant to the rule provided for in the preceding section, shall be called and addressed as “President”, while performing his duties as presiding officer.
THE SECRETARY TO THE COUNCIL
Section 1. The Secretary of the Council, shall perform duties in accordance with the section of the City Charter and such other duties as the council will assign to him.
OTHER OFFICERS OF THE COUNCIL
Section 1. The President Pro-Tempore . . . The City Council shall elect a President Pro-Tempore, who shall be one of its members and who shall assume and perform the powers of the Presiding Officer in sickness, absence, abstention, or refusal to preside or other temporary incapacity of the latter. The President Pro-Tempore shall also preside over the City Council in cases when the Presiding Officer adjourns the session without the approval of the body and the members present still constitute a quorum.
Section 2. Majority Floor Leader and Minority Floor Leader . . . The City Council, shall have a Majority Floor Leader who shall be chosen by the body from among the members of the Council belonging to the Majority Party therein and a Minority Floor Leader chosen by the body from among the members of the Council belonging to the Minority Party therein.
Section 3. The Majority Floor Leader shall have the following powers and duties:
a) To pass on and approve, all items in the agenda before the same shall be considered out for deliberation and action by the Council;
b) To act as ex-officio Chairman of the Committee on Rules and Privileges;
c) To perform such other duties as the Council may from time to time assign to him;
d) No matter shall be included in the agenda unless the same shall have passed through the proper committee which have made its recommendation thereon.
Section 4. The Officers of the City Council elected under these rules as well as the Committee Chairman shall hold their positions for a period of one (1) year, unless the body shall decide otherwise by a majority vote of all the members, provided the City Council shall elect its officers during the first regular session of each year.
COMMITTEES IN THE CITY COUNCIL
Section 1. Standing Committee . . . The City Council shall have standing Committees with the following scopes and functions:
WAYS AND MEANS COMMITTEE
This committee would pass on matters relating to the coordination and or synchronization to the functions and works of the committee on Finance and with the other standing committees, i.e., to raise funds for certain purposes.
HEALTH AND SANITATION COMMITTEE
This Committee passes on matters relative to the health and sanitation problems of the city and other relative matters which will redound to the benefit of the general public and all other matters also relating to the proper sanitation, disposition of and collection of garbages, sanitation of market and public places.
This Committee studies and makes public hearings on proposed ordinances pertaining to the educational problems of the city schools studies propose ordinances for the construction of school buildings, and other pertinent matters for the upliftment of our educational standards.
CIVIC AND SOCIAL FUNCTIONS & GAMES AMUSEMENT COMMITTEE
This committee attends to matters relative to civic and social functions of this city i.e., request of different civic organizations for public improvement and beautification of public plazas and parks, ordinances pertaining to the safety and convenience of the public attending public amusements and any problems arising relative to games and amusements.
LABOR AND LIAISON COMMITTEE
This committee passes on matters relating to the functions and supervision relative to the protection, amelioration, and enhancement of the rights of labor, and passes on matters relative to the proper liaison with the different government agencies and the people.
CULTURAL MINORITIES COMMITTEE
This committee attends to the problems and welfare of our cultural minorities. To pass upon propose ordinances and other matters affecting their livelihood and for their general welfare.
COMMERCE AND INDUSTRY COMMITTEE
This committee attends to propose ordinances relative to the passage of ordinances affecting the different business establishments, business activities, and industry of the city.
REVISION OF LAWS AND GOVERNMENT ORGANIZATION COMMITTEE
This committee attends to ordinances relative to the passage of ordinances affecting the different governmental organizations or departments, codification and updating and reviewing of ordinances for the purpose of confirming with the existing national laws; and also matters relative to governmental organization including barrio affairs.
INTERNAL RULES AND REGULATION COMMITTEE
This committee passes on matters affecting problems on internal rules and regulations as approved by the City Council and other matters relative to the proper decorum and behavior in council sessions.
PUBLIC WORKS AND UTILITIES COMMITTEE
This committee passes on matters affecting roads and bridges and building constructions in the city. Matters also affecting public improvements, regulation and supervision of public utilities and conveniences and all matters relative to public works.
This committee passes on matters relating to finance, taxation, fees, licenses and other sources of revenue for the city.
GENERAL SERVICES AND FIRE COMMITTEE
This committee passes on matters affecting needs such as the procurement of the supplies, materials and other matters which will redound to the benefit of the city and all other services not covered by the other committees.
PUBLIC MARKET AND AWARDS COMMITTEE
This committee attends to the needs of an ordinance for the benefit of the public markets and awarding of bids and contracts.
PUBLIC WELFARE AND RELIEF COMMITTEE
This committee takes charge of those indigents and fire victims.
POLICE MATTERS COMMITTEE
This committee passes on matters relating to the police department and the city jail.
COMMITTEE ON INVESTIGATION
This committee is charge with the measure of investigating cases of anomalies which may involve public interest of which the committee may be empowered to investigate. And also to investigate government officials involve in scandalous transaction affecting public interest of which the committee maybe likewise empowered to investigate.
LANDED ESTATES & URBAN PLANNING COMMISSION COMMITTEE
This committee passes on matters relating to the public domain, landed estates and city real estate holdings, their acquisitions, administration, disposal and sale, and all matters pertaining to the urban planning.
This committee attends to the agricultural problems of the city.
Section 2. The Council, immediately after the adoption of these rules, shall elect from among its members, a Chairman of the said standing committees.
Section 3. The Committee should be composed of chairman and members as maybe determined by the board but always in odd numbers.
Section 4. Special Committee – The council may organize and elect any special committee with such membership, powers and duties as the body may designate which shall cease to exist after the report is given to the Body.
Section 5 – All matters intended for action by the City Council shall first be referred to the Committees concerned for study and recommendation before the same shall be included in the agenda for the deliberation and action of the body.
Section 6 – Upon a petition signed by a majority of the members of the council, a committee may be compelled to return a matter committed or referred to it, to the body.
SESSIONS OF THE COUNCIL
Section 1. All regular sessions of the City Council, shall, unless otherwise decided by the body, be held at the usual session hall in the city hall, City of Gen. Santos, every Monday and Tuesday (2 regular sessions each week) which shall be open to the public, unless the body, by a vote of the majority of those present decide to hold sessions at closed doors, as circumstances may require; PROVIDED, HOWEVER, that by a majority vote, regular or special sessions may be held at any of the District Halls or other public buildings in the City of General Santos.
All resolutions and ordinances for agenda on Monday should be submitted Wednesday morning and for Tuesday, should be submitted Friday morning.
Section 2. All regular sessions shall open at exactly 8:30 A.M. and recess at 12:00 Noon and be resumed at 2:00 P.M. and adjourned at 5:00 o’clock in the afternoon as exigencies require.
Section 3. Special sessions may be held at such day and time as the Mayor may call, pursuant and subject to the limitation of Section 15 of the City Charter, R.A. 5412.
ORDER OF BUSINESS
Section 1. In all regular & special sessions, the order of business shall be:
a) Singing of the National Anthem
b) Roll call
c) Reading and approval of the minutes of the previous sessions.
d) Unfinished business of previous sessions.
e) Business of the day; and
f) Other Unfinished Business – third reading
Section 2. All resolutions and ordinances should pass the first, second and third readings. Resolutions could only be passed on one reading if such resolution is unanimously approved by the members present;
Section 1. The agenda shall be prepared in writing by the Secretary of the City Council, upon the due consultation with and approval of the Majority Floor Leader on the basis of urgency of matters and dates of filing by any members and a copy of the agenda shall be served by personal delivery upon each member at least two days before the session.
Section 2. Upon receipt, resolutions and ordinances vetoed by the Mayor shall be included by the Secretary of the Council in the agenda for the next regular or special session. The vetoed resolution or ordinances received by the Secretary of the Council after the agenda has been completed, shall be immediately furnished by the Secretary to the members of the Council for their information and/or action.
Section 3. The provision of Sec. 2. of this Rules notwithstanding matters which in the opinion of the Majority Floor Leader or any Committee Chairman are pressing and urgent or otherwise require immediate consideration and attention by the Council, such that the same can be treated by the Council acting as a Committee of the whole may be included in the agenda of the next regular or special session, Provided, however, that the body in session upon the motion present may approve the inclusion in the agenda of that session any matter deemed urgent and/or requiring the immediate action of the body. That urgent matters are such which involves public interest, the delay in consideration of which shall prejudice essential activities of the government.
DECORUM & DEBATE
Section 1. When a member desires to speak on any matter to the Council, he shall rise and respectfully address himself to the Presiding Officer.
Section 2. When two or more members rise, the Presiding Officer shall acknowledge the first member who shall speak.
Section 3. In referring to another member, the latter shall always be referred to by his official title or as the member who spoke last.
Section 4. Before any matter should be deliberated upon, a motion should be presented and duly seconded and stated by the chair.
Section 5. Members are called upon to observe proper decorum, are prohibited from passing between a member who has the floor and the chair, reading newspapers while the session is going on.
Section 6. No member should be admitted in the session hall when drunk or under the influence of liquor.
Section 7. No member can be deprived of his right to speak in the debate or discussion, Provided, However, that the time limit shall not exceed twenty minutes.
Section 8. Carrying of deadly weapon by the members inside the session hall is prohibited.
Section 9. In all cases, any member who has obtained the floor shall confine himself to the question under discussion avoiding personalities and shall refrain from using words and languages inconsistent with proper decorum and injurious to the dignity of any member.
Section 10. If any member in speaking shall transgress the Rules of the Council, the Presiding Officer on his own initiative or at the request of any member shall call him to order and the body shall, if appealed to, decide on the matter without debate. If the decision is in favor of the member called to order, he shall have the liberty to proceed, but not otherwise. In case of refusal to abide by the ruling of the chair, the board, upon motion of any member and duly seconded, may officially reprimand the erring member which reprimand shall appear in the minutes of the session of the Board. The same punishment maybe imposed for dereliction of duty as when a member refused to attend session after a quorum is questioned. This does not preclude the board or chair from imposing whatever additional penalty it may deem proper to impose.
Section 11. No non-member of the Council shall speak or participate in the debate or discussion of the body except on leave of the Chair or majority of the members present.
Section 1. In calling for a vote, the chairman shall direct the secretary to call the roll and each member called upon will give his vote whether in favor or against.
Section 2. The affirmative and negative votes as well as the names of the members voting shall be taken by the Secretary of the Council and the Presiding Officer shall then state the result to the body.
Section 3. No motion, except on the presence of a quorum shall be entertained during voting on any matter.
Section 4. In case of tie, the Vice-Mayor, or the Presiding Officer shall have the deciding vote. (Art. 4 Sec. 12, Par. 15, City Charter, R.A. 5412)
Section 1. When a motion, resolution, or ordinance has been adopted or lost, it shall be in order for any member to immediately move for the reconsideration of the decision of the Council, on the same day of the session, and such motions shall take precedence over all other questions except a motion to adjourn.
APPEARANCE OF DEPARTMENT HEADS
Section 1. At the instance of at least One (1) member of the Council or of any standing Special Committee, request for the appearance of any department head or other official of the city government before the body or before said Committee, shall be made in writing filed with the Secretary of the Council and the latter shall designate a date and hour for his appearance.
Section 1. Witnesses may be cited to appear before the Council, by subpoena in the name of the Council, to be prepared by the Secretary. This is applicable on all committee hearings.
Section 1. In matters not provided in these Rules, the Roberts’ Rules of Order and any rule of order or regulation of other parliamentary bodies not in conflict with the instant rules may be considered supplemental thereto.
Section 1. Any amendment to these rules may be adopted by the body upon approval of the majority of all its members.
Section 2. All ordinances and resolutions pertaining to the internal rules and procedures existing are superseded by this rule.
Creation of a Sub-Committee on Review of Barangay Resolutions and Ordinances
Under the Committee on Laws, Rules and Internal Government
Section 1. A sub-committee under the Committee on Laws, Rules and Internal Government in hereby created.
Section 2. COMPOSITION:
CHAIRMAN – Chairman of the Committee on Laws, Rules and Internal Government.
VICE-CHAIRMAN – Chairman, Committee on Barangay Affairs.
Members – Vice Chairman on the Committee on Laws, Rules and Internal Government.
Member – City Legal Officer
Member – City Secretary
Member – Any member of the Committee on Laws, Rules and Internal Government
Member – Any Chairman or member of the Committee concerned on the Barangay Resolution or Ordinance for review.
Section 3. FUNCTIONS:
a. To expeditiously and judiciously review all barangay resolutions and ordinances as to whether the same are consistent with law;
b. If this body finds the barangay resolutions and ordinances inconsistent with law, it shall, within thirty (30) days from receipt hereof, return the same with comments and recommendations to the Sangguniang Barangay for adjustment, amendment or modification;
c. To refer back to the Sanggunian the barangay resolutions and ordinances for proper action.
Quasi-Judicial Powers of Sanggunian
Section 1. DEFINITION OF TERMS. – For purposes of this Ordinance the following terms are hereby defined as:
a) QUASI-JUDICIAL POWER – refers to incidental power of the Sangguniang Panlungsod to hear and determine controversies outside of its legislative duty or power, as the power to hear and determine or ascertain facts and decide cases by the application of the rules of the law in the enforcement and administration of justice. It is different from the investigation in aid of legislation. It is exercised by the Sangguniang Panlungsod thru its Committee on Blue Ribbon, Justice and Human Rights whose findings and decisions shall be concurred by the Sangguniang Panlungsod en banc.
b) COMMITTEE – refers to the Committee on Blue Ribbon, Justice and Human Rights of the Sangguniang Panlungsod.
c) VERIFIED COMPLAINT – refers to a verified written statement under oath by a person who has personal knowledge of the facts complained of therein, alleging the complainants’ cause of action against any elective barangay official and shall include the names and addresses of the parties to the case.
d) SUBPOENA – is an order of the Committee on Blue Ribbon, Justice and Human Rights requiring a certain individual to appear and testify before it, in which case it is known as subpoena ad testificandum. It may also require a certain individual to appear before the said committee to produce relevant material documents, in which case it is known as subpoena duces tecum.
e) 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.
f) SUBSTANTIAL EVIDENCE – refers to such evidence as a reasonable mind might accept as adequate to support as conclusion.
g) DISCIPLINARY ACTION – is 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.
h) ABUSE OF AUTHORITY – exercise 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. It includes the use of such discretion in such a way as to deprive a person of his right or of the remedy to protect or enforce such right.
i) CULPABLE VIOLATION OF THE CONSTITUTION – a deliberate or willfull or intentional violation of the Constitution of the Republic of the Philippines.
j) DISHONESTY – concealment of truth in a matter of fact relevant to one’s office or connected with the performance of his duties.
k) OPPRESSION – means an act of cruelty, severity, unlawful exaction, domination or excessive use of authority.
l) MISCONDUCT IN OFFICE – means maladministration or willful, intentional neglect and failure to discharge the duties of the office. It is 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 a misconduct that effects the performance of duties as a public officer and not as a private individual.
m) GROSS NEGLECT OF DUTY- there is gross neglect of duty when the omission or refusal, without sufficient excuse, to perform an act or duty, when it was the officer’s legal obligation to perform, is flagrant and palpable.
n) DERELICTION OF DUTY – means deliberate, conscious or willful neglect of duty.
- o) DISLOYALTY TO THE REPUBLIC OF THE PHILIPPINES – an act seeking to remove allegiance from the Republic of the Philippines such as for instance, rebellion or insurrection.
p) ACTS INVOLVING MORAL TURPITUDE – these are acts considered immoral in themselves as contra distinguished from acts which are considered wrong because they are prohibited by law.
q) PUBLIC OFFICIAL – is any person who, by direct provision of law, popular election or appointment by competent authority, takes part in the performance of public functions in the government as an employee, agent or subordinate official, or any rank or class.
r) PREVENTIVE SUSPENSION – is a disciplinary sanction imposed by the City Mayor upon the recommendation of the Committee on Blue Ribbon, Justice and Human Rights and concurred by the Sangguniang Panlungsod en banc. It is a temporary withdrawal or separation from office of the elective barangay official, who is the subject of the administrative complaint, after the issues in the said complaint has been 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 evidence. This should not be construed as a penalty.
s) PUNITIVE SUSPENSION – is a penalty recommended by the Committee on Blue Ribbon, Justice and Human Rights, concurred by the Sangguniang Panlungsod en banc and enforced by the City Mayor. It is a temporary withdrawal or separation from office of the elective barangay official, who is the subject of an administrative complaint, after the investigation of his case.
t) CENSURE- means severe disapproval, criticism or condemnation of an official action of an elective barangay official.
u) REPRIMAND – is almost synonymous with censure. It is a formal and public censure, or severe reproof, administered to a respondent elective barangay official by the Sangguniang Panlungsod en banc.
Section 2. COVERAGE. – These rules shall apply only to administrative complaint against any elective barangay official that may be filed with the Sangguniang Panlungsod.
Section 3. LEGAL BASIS OF THE QUASI-JUDICIAL POWER OF THE SANGGUNIANG PANLUNGSOD. – the quasi-judicial power of the Sangguniang Panlungsod is based on Section 61 (c) which provides that a complaint against any elective barangay official shall be filed before the Sangguniang Panlungsod or Sangguniang Bayan concerned whose decision shall be final and executory, and Section 67 (Administrative Appeals) which provides that the decision of the Sangguniang Panlalawigan and the Sangguniang Panlungsod of highly urbanized cities and independent component cities may be appealed to the Office of the President.
Section 4. NATURE OF PROCEEDINGS. – the proceedings that may be conducted by the Committee on Blue Ribbon, Justice and Human Rights 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.
Section 5. GROUNDS FOR DISCIPLINARY ACTIONS. – An elective barangay official may be censured, reprimanded, suspended, or removed 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 six (6) years and one (1) day to twelve (12) years imprisonment;l
(5) abuse of authority;
(6) unauthorized absence for fifteen (15) consecutive working days, in the case of the Punong Barangay, and four (4) consecutive sessions for the other members of the Sangguniang Barangay;
(7) application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and
(8) such other ground as may be provided by R.A. 7160; R.A. 6713; R.A. 3019; Administrative Order of 1987; Revised Penal Code and all other general and special laws.
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.
Section 6. AUTHORITY OF THE COMMITTEE ON BLUE RIBBON, JUSTICE AND HUMAN RIGHTS TO HEAR AND DECIDE THE CASE. –
(a) The Committee on Blue Ribbon, Justice and Human Rights is hereby authorized to conduct investigation on complaint against any elective barangay official. It can hear and decide it. Its findings and decision, however, shall be with the concurrence of the majority of all the members of the Sangguniang Panlungsod en banc.
(b) The findings and decision of the Committee on Blue ribbon, Justice and Human Rights shall be submitted to the Sangguniang Panlungsod on its regular session for concurrence, and a resolution concurring said findings and decision shall be calendared for this purpose.
Section 7. FORM AND FILING OF ADMINISTRATIVE COMPLAINT AND RULES OF PROCEDURE IN THE CONDUCT OF INVESTIGATION. –
(a) A verified complaint with the copies of the affidavits of witnesses and other supporting documents against any elective barangay official may be filed by any person or entity before the Sangguniang Panlungsod. The complainant shall furnish the Department of Interior and Local Government (DILG) thru its office in the City a copy of the complaint. Upon receipt of the complaint, the Sangguniang Panlungsod, thru its Presiding Officer, shall forward it to the Committee on Blue Ribbon, Justice and Human Rights;
(b) Within seven (7) days after the administrative complaint is filed, the committee shall notify the respondent about it. Attached to the notice is a copy of the verified complaint. The notice shall require the respondent to file his answer with the copy of the witnesses and supporting documents within fifteen (15) days from receipt thereof;
(c) The unreasonable failure of the respondent to file his verified answer with the copies of the witnesses and other supporting documents within fifteen (15) days from receipt of the notice for him to file his answer shall be considered a waiver of his right to present evidence in his behalf.
(d) The committee shall commence the investigation within ten (10) days from the date of receipt of the answer of respondent. Should there be no answer, the investigation shall proceed without the evidence and presence of the respondent. If the investigation is suspended within the period of ninety (90) days immediately prior to any local election, the same shall resume after said period;
(e) The investigation shall be terminated within ninety (90) days from the start thereof, after which it shall be decided within thirty (30) days;
(f) The complainant shall be the first one to present his evidence. This shall be followed by the presentation of the evidence of the respondent. Any witness who may be presented in the proceedings shall be under oath. Any part may ask the committee for the issuance of a subpoena ad testificandum for a witness to appear and testify in the proceedings. If the complainant fails or refuses to present his evidence, the complaint shall be dismissed. If the respondent fails or refuses to present his evidence, the case shall be decided on the basis of the evidence presented by the complainant;
(g) Only the original or certified true copy of a document shall be admitted as documentary evidence. Any party to the administrative case may ask the committee to issue a subpoena duces tecum for the production of relevant document;
(h) Any party who asks the Committee for the issuance of a subpoena ad testificandum or subpoena duces tecum shall first show to the committee the relevance and materiality of the testimony of the person to testify and/or of the document he wishes to be produced;
(i) In case of disobedience of any subpoena of the committee, the said committee may seek, thru a proper petition, the aid of the Municipal Trial Court in Cities in General Santos City to cite the disobedient person in indirect contempt of court.
Section 8. VENUE. – The place of the investigation shall be only in General Santos City and must be within the legislative building of the General Santos City should there be any, or within the building where the Sangguniang Panlungsod is housed.
Section 9. That parties to the administrative case shall be accorded the opportunity to appear in person or by counsel.
Section 10. MOTION TO DISMISS NOT ALLOWED; EXCEPTION – except on the ground of lack of jurisdiction on the part of the Sangguniang Panlungsod, no motion to dismiss shall be entertained.
Section 11. QUANTUM OF EVIDENCE. – The quantum (amount) of evidence to sustain culpability of the respondent must be substantial.
Section 12. PREVENTIVE SUSPENSION. – Preventive Suspension may be imposed by the City Mayor upon the recommendation of the Committee on Blue Ribbon, Justice and Human Rights as concurred by the Sangguniang Panlungsod en banc. It may be recommended by the committee subject to following guidelines:
(a) Preventive suspension may be imposed at any time after the issue of the case are joined, 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;
(b) Any single preventive suspension of elective barangay official shall not extend beyond sixty (60) days;
(c) In the event that several administrative cases 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;
(d) Upon the expiration of the preventive suspension, the suspended elective barangay official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated and decided within one hundred twenty (120) days from the start thereof. If the delay in the proceedings is due to respondent’s fault, neglect or request, other than the appeal duly filed, the duration of such delay shall be counted in computing the time of the termination of the case;
(e) Any abuse in the exercise of the power of preventive suspension shall be considered as abuse of authority;
(f) The respondent elective official shall receive no compensation during his preventive suspension. Upon exoneration and reinstatement, however, he shall be paid his full compensation including other emoluments accruing during his said period of suspension.
Section 13. FORM, SUBSTANCE AND NOTICE OF DECISION. –
(a) Within thirty (30) days after the end of the investigation, the committee shall render a decision in writing stating clearly and distinctly the facts and the reasons for such decision. The same shall be concurred by the majority of the members of the Sangguniang Panlungsod in a regular session. After the concurrence, copies of the decision shall be furnished the parties;
(b) The decision shall clearly state the penalty/sanction which may be censure, reprimand, suspension or removal from office;
(c) To enforce a sanction/penalty of censure, it is enough that it is stated in the decision, copy furnished the parties;
(d) To enforce a sanction/penalty of reprimand, the respondent must be required to appear before the committee where he should be reprimanded only after the decision has become final and executory, that is, it is not appealed within the reglementary period, or appealed but the penalty has been affirmed;
(e) Only the City Mayor can enforce the sanction/penalty of suspension (punitive suspension) from office or removal from office;
(f) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense;
(g) The penalty of suspension (punitive suspension) shall not be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office;
(h) During the period of the punitive suspension, respondent so suspended shall not receive any compensation. Upon the expiration of the period of such suspension, he shall resume receiving compensation attached to his position; and
(i) The penalty of removal from office shall be considered a bar to the candidacy of the respondent so removed from any elective position.
Section 14. MOTION FOR RECONSIDERATION NOT ALLOWED. – No motion for reconsideration of any order or decision of the Sangguniang Panlungsod relative to the administrative case of the parties shall be allowed. The immediate and proper remedy of the parties is to appeal as herein provided and as provided in the Local Government Code of 1991 (R.A. 7160).
Section 15. APPEAL. –
(a) Either party or both parties to the case may, within thirty (30) days from receipt of the decision, appeal the said decision to the Office of the President. The decision of the Office of the President shall be final and executory.
(b) If no appeal is made within thirty (30) days from receipt of the decision, the decision shall become final and executory.
(c) The appeal must be filed with the Office of the President by personal filing or by registered mail. In case of filing by mail, the date of mailing shall be considered the date of filing. The appellant shall furnish a copy each of the appeal with the appellee, the Sangguniang Panlungsod and the Department of Interior and Local Government through its office in General Santos City.
Section 16. EXECUTION PENDING APPEAL. –
(a) An appeal shall not prevent the decision from becoming final and executory. The respondent shall be considered as having placed under preventive suspension during the pendency of the appeal. In the event the appeal results in exoneration, he shall be paid his compensation and such other emoluments accruing during the pendency of the appeal.
(b) Notwithstanding the immediate preceding paragraph, the penalty of censure or reprimand shall not be enforced during the pendency of the appeal.
Section 1. There shall be defined the powers of the Sangguniang Panlungsod en banc or through its committee to conduct investigation in aid of legislation, to wit:
a) to gather documents –
b) to subject the case to a committee hearing
c) to cross examine the parties and hear their testimonies
d) to recommend for the passage of certain legislative measure in relation to the case/complaint submitted
Section 2. Definition of Terms. – For purposes of this ordinance the following terms are defined as follows;
(a) Sangguniang Panlungsod En Banc – refers to this Sanggunian at least with majority of all its members assembled as one whole body;
(b) Committee – means any of the regular committees of the Sangguniang Panlungsod or any of the special committees that it may create;
(c) Adversarial Complaint is a complaint wherein the complainant is claiming for awards either monetary or otherwise or is asking that the respondent be sanctioned for the acts complained of;
(d) Investigation in Aid of Legislation means an inquiry the purpose of which is to determine whether or not there is a need to pass legislative measures to correct the acts subject of the said inquiry.
Section 3. Coverage. – This ordinance shall govern the conduct of investigation in aid of legislation that may be conducted by the Sangguniang Panlungsod en banc or through its committees on non-adversarial complaints or matters which in its own initiative be inquired into for the purpose of possible adoption of some measures which are believed to be beneficial to the constituents of General Santos City in particular or the people of the country in general. Adversarial matters or matters which are still pending for litigation and/or investigation with the court, Office of the Ombudsman and/or other agencies of the government shall not be a subject of investigation in aid of legislation.
Section 4. Authority. – No investigation in aid of legislation shall be conducted without the prior authority from the Sangguniang Panlungsod en banc through a Resolution to that effect.
Section 5. PROCEDURE –
A. INVESTIGATION UPON OWN INITIATIVE
(a) Any member of the Sangguniang Panlungsod may introduce/sponsor a resolution calling for an investigation in aid of legislation by the Sangguniang Panlungsod en banc or through its committees on the subject matter of the resolution;
(b) In case of an en banc investigation, the same shall be presided by the Vice-Mayor or in his absence or valid inhibition, by the President Pro Tempore, or in the absence of valid inhibitions of both Vice Mayor and President Pro Tempore, by any member of the Sangguniang Panlungsod who is chosen by the majority of the members present;
(c) In case of investigation by one committee of the Sangguniang Panlungsod, the same shall be presided by the chairman of the committee concerned. If there are two (2) or more committees tasked to conduct joint investigation, the members of the said committees shall choose from among their respective chairmen present to preside the hearing. In the absence or valid inhibitions of all the vice-chairmen, the members present shall choose from among themselves to do the presiding.
B. UPON COMPLAINT
(a) Should there be complaint filed with the Sangguniang Panlungsod by any person or entity asking for an investigation in aid of legislation of a particular matter/controversy, the same shall be referred by the Vice-Mayor to the Committee on Blue Ribbon, Justice and Human Rights to determine whether or not the complaint is adversarial or is still pending for investigation with the court, Office of the Ombudsman and/or other agencies of the government.
(b) Should the Committee on Blue Ribbon, Justice and Human Rights find that the complaint is adversarial or the subject matter therein is still pending with the court, Office of the Ombudsman and/or other agencies of the government, the same shall be returned to the complainant with the explanation of the reason of the return. Should it find that the complaint is non-adversarial or still pending for investigation with the court, Office of the Ombudsman and/or any other agencies of the government, the Committee on Blue Ribbon, Justice and Human Rights shall sponsor a resolution calling for an investigation in aid of legislation on matters subject of the complaint. If the resolution is approved by the majority of the members present of the Sangguniang Panlungsod en banc, the committee or committees concerned shall proceed with the investigation. If the said resolution is not approved by the majority of the members present en banc, the investigation shall not proceed. Instead, the complaint shall be returned to the complainant with explanation stating therein the fact that the resolution has been disapproved.
(c) The complaint must be verified and attached to it are the affidavits/sworn statements of witness or witnesses, otherwise, it shall be returned to the complainant with the explanation that it is not verified and without the attachment of the affidavits/sworn statements of the witnesses.
Section 6. INHIBITION. – Any member of the Sangguniang Panlungsod shall inhibit himself/herself from participating in the investigation only on the grounds of:
- conflict of interest
- pecuniary interest
Section 7. RECORD OF PROCEEDINGS. – All proceedings of the investigation in aid of legislation shall be reflected in its minutes.
Section 8. COMMITTEE REPORT. – If the investigation in aid of legislation is done through any of the committee of the Sangguniang Panlungsod, the committee concerned shall submit a report of its proceedings to the Sangguniang Panlungsod en banc for approval.
Section 9. EVIDENCE. –
(a) The technical rules on evidence shall not apply in an investigation in aid of legislation. However, the Rules of Court shall have suppletory application;
(b) The investigating body shall consider only such evidence that may be submitted during the investigation. It may consist of documentary or testimonial evidence;
(c) Only witnesses with affidavits/sworn statements shall be allowed to testify;
(d) All witnesses shall testify under oath;
(e) All statements/testimonies given by any witness during the investigation shall be considered privileged communication.