THE Daanbantayan Municipal Council has passed an ordinance outlining the procedures in investigating barangay officials.
The ordinance was passed on second reading before the Municipality of Daanbantayan and was submitted before the Cebu Provincial Board (PB) for review.
The ordinance pertains to administrative cases filed against barangay officials in Daanbantayan.
But elections season is coming up, which means there is not much time to implement a provision for the new ordinance.
“No preliminary investigation shall be conducted within 90 days immediately prior to any election,” section 14 of the ordinance read.
Section 16 also read, “No preventive suspension shall be imposed within 90 days immediately prior to any local election.”
The ordinance is aimed to complement, supplement and enhance the Municipal Council house rules.
The grounds for the filing of administrative complaints against barangay officials are disloyalty to country, constitutional violation, dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty, and offenses involving moral turpitude.
The grounds also include unauthorized absences for 15 consecutive days, and acquisition of foreign citizenship.
A private person or any municipal official can file an administrative case against a barangay official.
The complaint will be filed before the Office of the Sangguniang Secretary, with copies to be furnished to the Office of the Mayor and the Department of Interior and Local Government.
The complaint can either be dismissed outright or submitted for preliminary conference if found that there is basis to conduct the investigation.
Hearings are conducted at the Sangguniang Bayan Session Hall.
When evidence of guilt is strong, the official can be preventively suspended.
Suspension should not go beyond 60 days, and if there are several cases filed, suspension should not be more than 90 days.
Like any other hearing, the complainant is ordered to produce evidence and the respondent will have an opportunity to answer.
Rebuttal evidence follows.
Decision becomes final and executory within 30 days from receipt of copy of the resolution.