RESOLUTION NO:

A RESOLUTION ADOPTING THE SUBSTANTIVE AND PROCEDURAL RULES TO

BE OBSERVED IN ADMINISTRATIVE CASES FILED AGAINST ELECTIVE
BARANGAY OFFICIALS BEFORE THE SANGGUNIANG BAYAN OF THE
MUNICIPALITY OF DAGAMI, PROVINCE OF LEYTE IN ITS CAPACITY AS A
QUASI-JUDICIAL BODY PURSUANT TO SECTION 61-68 OF THE LOCAL
GOVERNMENT CODE OF 1991

WHEREAS, jurisdiction to hear and decide administrative cases against

elective barangay officials has been vested by Section 61 of the Local Government
Code of 1991 in the Sanggunian of Cities and Municipalities;
WHEREAS, the Sangguniang Bayan, in the exercise of its quasi-judicial
function shall adopt a set of rules, both substantive and procedural, with the
inclusion of the provisions of the R.A. 7160, its implementing rules and regulations,
jurisprudence, and issuances of the Department of Interior and Local Government
on administrative cases as a matter of due process and in order to inform and guide
the parties as to the manner of their respective cases.
WHEREFORE, on the motion of Hon. Judy M. Dumduma, Jr., duly seconded
by all Members present.
BE IT RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang
Bayan to ADOPT, as it is hereby ADOPTS, the following substantive and procedural
rules to be observed in administrative cases filed against elective barangay officials
before the Sangguniang Bayan in its capacity as a quasi-judicial body pursuant to
Sections 60-68 of the Local Government of 1991; and the established issuances and
jurisprudence on the matter.

RULE 1
PRELIMINARY PROVISIONS

Section 1. Title- These rules shall be known as the 2022 Rules of Procedure
of the Sangguniang Bayan of the Municipality of Dagami, Province of Leyte in the
conduct of administrative proceedings in the exercise of its quasi-judicial functions.

Section 2. Coverage- These rules and procedures shall apply to

administrative disciplinary cases filed against all elective barangay officials of
Dagami, Leyte.

Section 3. Construction- These shall be liberally construed in order to

promote public interest and to assist parties in obtaining just speedy and
inexpensive determination of their pending administrative case(s) filed before the
Sangguniang Bayan of Dagami, Leyte.

Section 4. Jurisdiction- Jurisdiction over administrative cases against

elective barangay officials is vested with the Sangguniang Bayan without prejudice
however to the concurrent jurisdiction of the Office of the Ombudsman. The
Sanggunian shall hereafter be referred to as the “Disciplinary Authority.”
 Section 5. Nature of the Proceedings – Proceeding before the
Sangguniang Bayan shall be summary in nature, without adhering to legal
technicalities obtaining in the courts of law.

Section 6. Parties- Then person filing the complaint shall be called the
Complainant and the person against whom the complaint is filed shall be called the
Respondent.

Section 7. Engagement of Counsels- Appearance by counsel is at the

discretion of the parties who may or may not hire a lawyer for the prosecution or
defense of their respective cases. Provided, however, that the appearance or non-
appearance of a lawyer during the hearing shall not interrupt the flow of the case
considering the time frame by which the Sanggunian is mandated to dispose of the
cases before it.

RULE 2
COMPLAINT

Section 1. How Initiated- An administrative complaint may be 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 Dagami,
Leyte accompanied by sworn statements of witnesses and supporting documents, if
any. The complainant shall specify any of the following grounds which may be relied
upon, to wit;

a) Disloyalty to the Republic of the Philippines;

b) Culpable Violation of the Constitution;
c) Dishonesty, oppression, misconduct in office, gross negligence, dereliction
of duty;
d) Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor (imprisonment of 6 years and 1 day
to 12 years). The offense involving moral turpitude must be linked to the
performance of official duties of respondent and conviction by final
judgment shall be a condition precedent for the filing of any
administrative case involving this ground. (Palma vs. Fortich, 147 SCRA
379, Mondano vs. Silvosa, 97 Phil. 144-145, DILG Opinion No. 11, s. 2006,
February 20, 2006);
e) Abuse of Authority;
f) Unauthorized absence for fifteen (15) consecutive working days;
g) Application for, or acquisition of, foreign citizenship or residence or status
of an immigrant of another country; and
h) Such other grounds as may be provided in the Local Government Code of
1991.

Section 1 (a). Definition of Terms/ Offenses:

 a) Disloyalty to the Republic of the Philippines - Any act or omission
which among others, may be considered as crimes against national
security.
b) Culpable Violation of the Constitution- It implies or covers acts of
deliberate intent and to a certain degree of perversity so as to defy
knowingly what the constitution provides. It includes a violation serious
enough to warrant betrayal of public trust such as a violation of a
constitutional oath of office.
c) ADMINISTRATIVE OFFENSES - Every act or conduct or omission which
amounts to, or constitutes any of the grounds for disciplinary action
(Salalima vs Guingona, 257 SCRA 55). The grounds for administrative
action under Sec. 60, R.A. 7160 may still be charged against a respondent
even if committed during a prior term as re-election or election to another
public office is not a mode of condoning an administrative offense.
(Morales vs CA and Binay, G.R. No. 217126-27, Nov. 10, 2015).
d) DISHONESTY- Any act related to or connected with the performance of
public or official duties which has a disposition to lie, cheat or exhibit
untrustworthiness or lack of integrity. (Black's Law Dictionary. 5th Ed.)
e) OPPRESSION- An act of cruelty, severity, unlawful exaction, domination,
or excessive use of authority. (Ochate vs Deling, 105 Phil. 390).
f) MISCONDUCT IN OFFICE - One that affects the performance of duties as
a public officer, and not such as affects his character as a private
individual. (Lacson vs Roque 92 Phil 465).
g) GROSS NEGLIGENCE - The want of even slight care and diligence. Such
entire want of care as to raise a presumption that the person at fault is
conscious of the probable consequences of carelessness, and is
indifferent, or worse, to the danger of injury to or property of others. Such
negligence as amounts to a reckless disregard for the safety of person or
property. (Ameda vs Rio J Olabarrieta Inc. 95 Phil 37).
h) DERELICTION OF DUTY - It generally refers to a failure to conform to
rules of one's job, which will vary by tasks involved. It is a failure or refusal
to perform an assigned task/job.
i) ABUSE OF AUTHORITY- It is a denial of justice when discretion, by virtue
of one's position, has not been justly and properly exercised. It signifies
the use of that discretion in such a way as to deprive a person of his right
or of the remedy to protect or enforce such right. (DILG Opinion No. 11, s.
2006, Feb. 20, 2006).
Section 2. Form of Complaint- The complaint shall be addressed to the
Sangguniang Bayan. It shall be drawn in clear, simple, and concise language and in
a methodical manner as to appraise the respondent of the nature of the charge filed
against him and to enable him to prepare his defense.
Section 3. Where Filed - The complaint shall be filed with the Office of the
Secretary to the Sanggunian.
Section 4. Number of Copies - The complainant shall file two (2) original
copies of the complaint and supporting affidavit and eleven (11) machine copies of
the same. The number of annexes shall not be less than fifteen.
 RULE 3
ANSWER

Section 1. Notice - Within Seven (7) days after the complaint is filed, the
Disciplinary Authority shall issue an order requiring the respondent to submit his
verified answer to the complaint together with the supporting affidavits and
annexes within Fifteen (15) days from his receipt thereof. The order shall be signed
by the Presiding Officer of the Sangguniang Bayan and sent through by registered
mail by the Secretary of the Sangguniang Bayan without need of referral to the
body for such action.

Section 2. Form of Answer - The answer, accompanied by affidavit of

witnesses or evidences in support of the defenses, shall be addressed to the
Sangguniang Bayan.

Section 3. Motion to Dismiss - A motion to dismiss an administrative

complaint in lieu of an answer is an improper pleading considering that the
Sanggunian is entrusted the duty of determining whether the offense is proper for
investigation. All possible grounds for dismissal of the complaint shall be considered
a matter of defense which will be subject to consideration by the Sanggunian in
rendering a decision. (Section 62 (d) of RA 7160, DILG Opinion No. 11, s. 2006, Feb.
20, 2006)

Section 4. Number of Copies - The respondent shall file two (2) original
copies of the complaint and supporting affidavit and eleven (11) machine copies of
the same. The number of annexes shall not be less than fifteen.
Section 5. Failure to Answer - Unreasonable failure of respondent to file
his verified answer within 15 days from receipt of the complaint against him shall be
considered as waiver of his right to present evidence in his behalf.

RULE 4
PRELIMINARY INVESTIGATION

Section 1. Commencement - Within Twenty (20) days from the receipt of

the answer the Disciplinary Authority shall commence the investigation of the case.

Section 2. Evaluation - Within the period mentioned in the preceding

section, the Disciplinary Authority shall determine whether there is a prima facie
case to warrant the institution of formal administrative proceedings, it shall
immediately issue an order dismissing the complaint.

Section 3. Dismissal Motu Proprio - If the Disciplinary Authority

determines that there is no prima facie case to warrant the institution of formal
administrative proceedings, it shall immediately issue an order dismissing the
complaint.

Section 4. Preliminary Conference - If the Disciplinary Authority

determines that there is a prima facie case to warrant the institution of formal
administrative proceedings, it shall within the same period prescribed under the
preceding Section, summon the parties to a preliminary conference to answer the
following:

a. Whether the parties desire a formal investigation or are willing to submit

the case for resolution on the basis of the evidence on record;
b. If the parties desire a formal investigation, to consider the simplification of
issues, the possibility of obtaining stipulation or admission of facts and of
documents, specifically affidavits and depositions, to avoid unnecessary
proof, the limitation of number of witnesses, and such other matters as
may aid the prompt disposition of the case.

The Disciplinary Authority shall encourage the parties and their

counsels to enter in any stage of the proceedings, into amicable
settlement, compromise and arbitration, the terms and conditions of
which shall be subject to its approval.

After the preliminary conference, the Disciplinary Authority shall

issue an order reciting the matters taken up thereon, including the facts
stipulated and the evidences marked, if, any. Such order shall limit the
issues for hearing to those not disposed of by agreement of admission of
the parties, and shall schedule the formal investigation within Ten (10)
days from its issuance, unless a later date is mutually agreed in writing by
the parties concerned.
Section 5. Venue of Hearing - The preliminary investigation shall be
conducted in the place where the Office of the Sangguniang Bayan is located.
Section 6. 90-Day Ban - No preliminary investigation shall be conducted
within Ninety (90) days immediately prior to any election.

RULE 5
PREVENTIVE SUSPENSION

Section 1. Power to Suspend - Preventive suspension may be

recommended by Disciplinary Authority to be imposed by the Municipal Mayor who
shall immediately implement the preventive suspension upon actual receipt of the
resolution recommending the preventive suspension.

Section 2. 90-Day Ban - No preventive suspension shall be imposed within

90days immediately prior to any local election. If the preventive suspension has
been imposed prior to the 90-day period immediately preceding a local election, it
shall be deemed automatically lifted upon the start of aforesaid period.

Section 3. Grounds - Preventive suspension may be imposed at any time

after the issues are joined, that is, after the respondent has answered the complaint
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 respondents could influence
the witnesses or pose a threat to the safety and integrity of the records and other
evidence.

Section 4. Duration - Any simple preventive suspension of local elective

officials shall not extend beyond Sixty (60) days; provided that, in the event that
several administrative cases are filed against an elective official, he cannot be
preventively suspended 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.

Section 5. Automatic Reinstatement - Upon the expiration of the

preventive suspension the suspended elective local official shall be deemed
reinstated in office without prejudice to the continuation of the proceedings against
him, which shall be terminated within One Hundred Twenty (120) days from the
time he was formally notified of the case against him. However, if the delay in the
proceeding of the case is due to his fault, or request other than the appeal duly
filed, the duration of such delay shall not be counted in computing the time
termination of the proceedings.

RULE 6
FORMAL INVESTIGATION

Section 1. Procedural Due Process - The respondent shall be accorded

full opportunity to appear and defend himself in person or by counsel, to confront
and cross-examine the witnesses against him, and to require the attendance of
witnesses and the production of documents through the compulsory process of
subpoena ad testificandum or duces tecum.

Section 2. Who Conducts the Hearing - The formal administrative

investigation shall be conducted by the Disciplinary Authority, in a plenary session
presided over by the regular presiding officer. All members of the Sanggunian,
acting as jurors, may propound questions relative to the case against any of the
parties during the hearing or the investigation.

Section 3. Power to Take Testimony or Receive Evidence - The

Disciplinary Authority is hereby authorized to take testimony or receive evidence
relevant to the administrative proceedings, which authority shall include the power
to administer oaths, summon witnesses, and require the production of documents
by subpoena duces tecum pursuant to Book I, Chapter 37 of the Administrative
Code of 1987.

Anyone who, without lawful excuse, fails to appear summons issued under
the authority of the preceding paragraph or who, appearing before the Disciplinary
Authority exercising the power therein defined, refuses to take 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 by the
Investigating Authority, shall be dealt with by the judge of the proper regional trial
court in the manner provided for under Book VII, Chapter 3, Section 13, in relation
to Chapter 1, Section 2 (1) of the Administrative Code of 1987.
 Section 4. Venue of Hearing - The formal investigation shall be conducted
in the place where the Sangguniang Bayan is located.

Section 5. Request for Subpoena - If a party desires the attendance of a

witness or the production of documents, he should make a formal request for the
issuance of the necessary subpoena ad testificandum or subpoena duces tecum at
least three (3) days before the scheduled hearing.

Section 6. Postponement - Postponement of investigation shall be

discouraged and shall be allowed only in meritorious cases, like illness of the parties
or counsels and other similar cases. No postponement for a period longer than
seven (7) days shall be allowed, and in no case shall the total number of
postponements for one party be more than Twenty (20) days.

Section 7. Record of the Proceedings - The testimony of each witness

and the manifestation of the parties and counsels during the investigation shall be
taken by the Sangguniang Bayan Secretary. A transcript of proceedings made by
the Sangguniang Bayan Secretary and duly certified by him/her shall be prima facie
a correct statement of such proceedings.

Section 8. Order of Hearing - Unless otherwise directed by the Disciplinary

Authority, the order of a hearing shall be as follows:

a. The Complainant shall produce the evidence on his part;

b. The Respondent shall then offer evidence in support of his defense; and
c. The parties may then respectively offer rebutting evidence unless the
Disciplinary Authority for good reasons and in the furtherance of justice,
permits them to offer evidence upon their original case.
Section 9. Order of Examination - The order in which a witness may be
examined shall be as follows:
1. Direct examination by the proponent;
2. Cross-examination by the opponent;
3. Re-direct examination by the proponent; and
4. Re-cross examination by the opponent.
Section 10. Termination of Formal Examination - The formal
investigation of the case shall be terminated by the Disciplinary Authority within
Ninety (90) days from the start thereof unless the delay is for causes beyond its
control.
Section 11. Memoranda - The Disciplinary Authority may allow the parties
to submit their respective memoranda, together with their respective draft
resolution and orders for consideration of the Disciplinary Authority, within Fifteen
(15) days after the termination of formal investigation.

RULE 7
EVIDENCES
Section 1. Rules of Evidence:
 1. The Disciplinary Authority may admit or give probative value to
substantial evidence or such evidence which a reasonable mind might accept
as adequate to support a conclusion;
2. Documentary evidence may be received in the form of copies or
excerpts if the original is not readily available. Upon request, the parties shall
be given the opportunity to compare the copy with the original. If the original
is in the official custody of a public officer, a certified copy thereof may be
accepted; and
3. The Disciplinary Authority may take notice of judicially
cognizable facts within its specialized knowledge. The parties shall be notified
and afforded an opportunity to contest the facts so noticed.
Section 2. Marking - All documentary evidences of exhibits shall be marked
by letters (A, B, C, etc.) if presented by the complainant, and by numbers (1,2,3,
etc.) if presented by respondents.

RULE 8
REPORT OF THE SECRETARY TO THE SANGGUNIANG BAYAN
Section 1. Transmission of Records to Disciplining Authority - The
Secretary to the Sanggunian shall forward to the Disciplinary Authority the following
documents:

a. The complete record of each page consecutively numbered

and initiated by the custodian of records;
b. a summary of proceeding thereon from the filing of the
complaint to the transmittal of the records in chronological order
indicating the action taken on the incidents involved; and
c. a list of all pleadings, motions, manifestations, annexes, and
other papers or documents filed by the contending parties, as well as
the corresponding orders or resolutions.
The Transcript of the proceedings shall be paged consecutively and in
chronological order, sewn on the left-hand side, or properly indexed, showing the
page on which, the testimony of each witness begins.
Section 2. Records Classification - Records in administrative disciplinary
cases are classified as confidential in nature and any information as to the charges,
accusations, or facts adduced may not be released, and such records may not be
available, except to the proper authorities and, upon request, to the parties-in-
interest and or their authorized representatives 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 offices.

RULE 9
DECISION
 Section 1. Rendition of Decision - Within Thirty (30) days of receipt of the
report of the Secretary to the Sanggunian and the transmittal record, the
Disciplinary Authority shall render a decision in writing stating clearly and distinctly
the facts and reasons for such decision shall immediately be furnished both the
respondent and the complainant and all interested parties.
Section 2. Finality of Decision - The decision of the Disciplinary Authority
shall become final and executory after the lapse of Thirty (30) days from the receipt
of the copy thereof by the complainant or the respondent, as the case may be.
Section 3. Decisions of the Sanggunian - Decisions of the Sanggunian in
administrative cases shall not require the approval of the mayor. (Sec. 66 R.A. 7160
and DILG Opinion No. 19, series of 2002, January 24, 2002)
Section 4. Motion for Reconsideration – No motion for reconsideration
shall be allowed to the parties.

RULE 10
PENALTY

Section 1. Penalty - A respondent found guilty of any of the offenses

enumerated in Rule 2 thereof may be meted the penalty of reprimand, suspension,
or removal depending on the gravity of evidence presented and the aggravating or
mitigating circumstances that may be considered by the Disciplinary Authority.

Section 2. 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 be said penalty be a bar to the candidacy of the
respondent so suspended as long as he meets the qualifications required for the
office.

Section 3. Removal - An elective local official may be removed from office

on the grounds enumerated in Rule 2 hereof by order of the proper court or the
Disciplinary Authority whichever first acquires jurisdiction to the exclusion of the
other.

The penalty of removal from office as a result of an administrative

investigation shall be considered a bar to the candidacy of the respondent for any
elective position.

RULE 11
APPEAL

Section 1. Administrative Appeal - The decision of the Disciplinary

Authority may within Thirty (30) days from receipt thereof by the respondent, be
appealed to the Sangguniang Panlalawigan.

Section 2. Period of Appeal - Within Ten (10) days after the receipt of the
notice of appeal filed by the respondent, the Secretary shall elevate the entire
record of the case to the Sangguniang Panlalawigan without need of further orders
from the Sangguniang Bayan.

Section 3. Execution Pending Appeal - An appeal shall not prevent a

decision from becoming final or executory. The respondent shall be considered as
having been placed under preventive suspension during the pendency of an appeal.
In the event the appeal results in an exoneration the respondent shall be paid his
salary and such other emoluments accruing during the pendency of the appeal.

RULE 12
MAINTAINANCE OF DOCKET BOOKS

Section 1. The Sanggunian shall keep a docket for administrative cases

where all complaints shall be properly entered and given their corresponding
number in the order of receipt. The docket shall likewise contain in chronological
order every pleading, notice, order, resolution, and other incidents of the case in
summary form from receipt of the complaint to the service of decision.
RESOLVED FINALLY to furnish copies of this resolution to all parties in
administrative cases filed before the Sanggunian.
UNANIMOUSLY CARRIED”.