EXCERPTS FROM THE MINUTES OF THE 100TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON JULY 03, 2018.
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member,
Hon. Corazon B. Borromeo Acting Pres., LMB & Member, &
Hon. Allan Earvin S. Burce Pres., SK Pederasyon & Member.
N O N E
On Official Business:
Hon. Sheina Marie C. Onrubia Floor Leader & Member.
Proponents: HON. HECTOR D. RODRIGUEZ
HON. RAUL ROI B. BOREJON
City Ordinance No. 013- 2018
AN ORDINANCE AMENDING RULE IX, SECTION 21; RULE X, SECTION 28; RULE XV, SECTION 53, OF ORDINANCE NO. 012 – 2014 ENTITLED, “AN ORDINANCE ADOPTING THE REVISED RULES OF PROCEDURE OF THE SANGGUNIANG PANLUNGSOD OF TABACO CITY ON ADMINISTRATIVE PROCEDURE”.
BE IT ENACTED by the Sangguniang Panlungsod of Tabaco City, in regular session duly assembled that:
SECTION 1. TITLE. This Ordinance shall be known as an “AN ORDINANCE AMENDING RULE IX, SECTION 21; RULE X, SECTION 28; RULE XV, SECTION 53, OF ORDINANCE NO. 012 – 2014 ENTITLED, “AN ORDINANCE ADOPTING THE REVISED RULES OF PROCEDURE OF THE SANGGUNIANG PANLUNGSOD OF TABACO CITY ON ADMINISTRATIVE PROCEDURE”.
SECTION 2. Rule IX, Section 21 is hereby amended and to read as follows:
Section 21. Preliminary Conference. Whenever the Investigating Committee determines that there is a prima facie case, it shall, within ten (10) days from such determination, conduct a preliminary conference for the parties to appear, consider and agree on the following:
- Stipulation or admission of facts/ documents to avoid unnecessary proof;
- Simplification of Issue;
- Identification and pre-marking of evidence;
- Waiver of objections to admissibility of evidence;
- Limiting the number of witnesses and their names;
- Dates of subsequent hearings; and
- Such other matters as may aid in the proprietary rendering of decisions based on pleadings, affidavits and position papers in the prompt and just resolution of the case.
After the preliminary conference, the Investigating Authority shall issue a preliminary conference order reciting therein the matters taken up during such conference and shall schedule the formal investigation as agreed, if any. Otherwise, it shall schedule the hearing within ten (10) days after issuance of the order, unless a later date is mutually agreed in writing by the parties concerned.
The parties may submit their respective memorandum with supporting affidavits and/or documents and submit the case for resolution based on the result of the preliminary conference without need of further hearing.
SECTION 3. Rule X, Section 28 is hereby amended and to read as follows:
Section 28. Salary of Respondent Pending Suspension. The respondent who is preventively suspended from the office shall receive no salary or compensation during such suspension; but upon subsequent exoneration and reinstatement, he shall be paid his full salary or compensation, including such emoluments accruing during such suspension.
In case the respondent have been meted a penalty of suspension, the preventive suspension shall form part of the penalty and only the remaining period shall be served.
SECTION 4. Rule XV, Section 53 is hereby amended and to read as follows:
Section 53. Suspension, Duration. A respondent found guilty of the offense charged may be meted the penalty of suspension depending on the gravity of the offense.
The penalty of suspension shall not exceed the unexpired term of the respondent, or a period of six (6) months for every administrative offense, or 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.
The graduation of penalties if found guilty of offense depending upon the attending circumstances shall be as follows:
Censure – severe disapproval criticism or condemnation of an official action but in the presence and in consideration of good faith and other mitigation circumstances.
Reprimand – a formal and public censure, or severe reproof, administered to a person at fault to be executed by his Superior Authority having jurisdiction over the respondent. Likewise, considering good faith and other mitigating circumstances.
Suspension – respondent found guilty of the offense charged maybe meted with a penalty of suspension depending on the gravity of the offense.
SECTION 5. REPEALING CLAUSE. All ordinances, rules and regulations, or parts thereof, in conflict with or inconsistent to the provisions of this Ordinance are hereby repealed of modified accordingly.
SECTION 6. EFFECTIVITY. This Ordinance shall take effect immediately after its approval and review of the Sangguniang Panlalawigan ng Albay.
APPROVED, this 3rd day of July 2018.
We hereby certify to the correctness of the foregoing Ordinance.
HECTOR D. RODRIGUEZ RAUL ROI B. BOREJON
NESTOR T. SAN PABLO
City Vice Mayor & Presiding Officer
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
CIELO KRISEL LAGMAN-LUISTRO