Saturday, April 18

Bacolod SP approves guidelines on admin cases vs. brgy officials

The Sangguniang Panlungsod of Bacolod has unanimously approved on third and final reading a landmark ordinance establishing clear guidelines and rules of procedure for the investigation and disposition of administrative cases involving elected and appointed barangay officials.

Authored by Councilor Caesar Z. Distrito, the ordinance institutionalizes a structured, fair, and efficient system to address complaints against barangay officials, ensuring accountability while upholding due process.

Pursuant to the Local Government Code of 1991, the Sangguniang Panlungsod is vested with the authority to hear and decide administrative complaints against barangay officials, including Punong Barangays, Sangguniang Barangay members (Kagawads), barangay secretaries, barangay treasurers, as well as Sangguniang Kabataan (SK) officials, a press release from Distrito on Tuesday, April 7.

The measure provides a comprehensive framework covering the filing of complaints, evaluation of evidence, conduct of hearings, and issuance of decisions. It aims to ensure the speedy, just, and judicious resolution of administrative cases, addressing delays and procedural gaps in the handling of such complaints, Distrito said.

Under the ordinance, administrative proceedings will follow a summary and streamlined process, allowing the Sangguniang Panlungsod, through its Committee on Laws, Ordinances and Good Government, to efficiently determine whether a prima facie case exists before proceeding to full hearings, he said.

The ordinance also clearly defines the grounds for administrative disciplinary action, including dishonesty, misconduct, abuse of authority, gross negligence, and other violations under existing laws, Distrito said.

Among its key features are:

• Clear requirements for filing verified complaints supported by affidavits and evidence, ensuring that only legitimate cases are acted upon;

• Timelines for submission of answers, position papers, and conduct of hearings to prevent unnecessary delays;

• Authority of the Committee to issue subpoenas, summon witnesses, and require the production of documents;

• Provisions on preventive suspension, with safeguards and limitations to prevent abuse; • Defined processes for decision-making, appeal, and execution of final orders.

To further safeguard due process, the ordinance prohibits anonymous complaints, requires proper notice and opportunity to be heard, and ensures that decisions are based on substantial evidence, Distrito said.

It also introduces mechanisms to avoid undue delays, including limits on postponements, consolidation of related cases, and strict timelines for the resolution of administrative proceedings, he said.

Distrito said the ordinance reinforces accountability at the grassroots level of governance.

“This ordinance ensures that administrative complaints are handled promptly, fairly, and transparently. It strengthens public trust while protecting both the rights of the complainant and the respondent,” Distrito said.*

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