lo005s2013
DESCRIPTION
1. AdministrationBarangay administration is one of the crucial and essential functions of the barangay. This includes 9 indicators: Barangay Legislation, Transparency, Citizen’s Participation, Development Planning, Revenue Generation, Resource Allocation and Utilization, Financial Accountability, Facilities and Customer Service, Human Resource Management and Development. LOCAL LEGISLATIONLegislation is the heart of governance. This is the foundation of effective implementation of laws which leads to a better management and development of the LGU.One of the basic functions/roles of the Sanggunian is the enactment of ordinances and adoption of resolution. This process is called legislation. In order to formulate responsive ordinances/resolutions, there is a need to have proper structure and processes. A monitoring process is needed in order to check the implementation of ordinances. The indicators contained in the data capture form of the BGPMS reveals presence or absence of the following: Present Absent Of the nine (9) indicators, Barangay ________ obtained ___ indicators or ___%.____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ TRANSPARENCYPublic trust should always be given premium/importance by the barangay officials. It is necessary that their constituents are informed andmade aware of the operation of the barangay affairs. This is easily done if the barangay opens in all its transactions and operation to the public.The indicators contained in the data capture form of the BGPMS reveals presence or absence of the following: Present Absent Of the five (5) indicators, Barangay ________ obtained ___ indicators or ___%____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ CITIZEN’S PARTICIPATIONThe involvement and participation of the different stakeholders is very important especially in voicing out their concerns and aspirations for the barangay. Their inputs are also vital during planning and formulation of laws.Citizens participation is one of the important aspect of governance, This is a manifestation that supreme power is lodged to the citizenry. The administered BGPMS Data Capture Forms reveal the following information: Present Absent Of the 5 indicators, Barangay ________ obtained ___ indicators or ___% rating. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ DEVELOPMENT PLANNING Barangay officials and various sectoral representatives’ work together to chart the future development of the barangay and address relevant problems and concerns affecting the community. It is in this activity where programs, projects and activities are identified and prioritized to ensure judicious utilization of the barangay funds.The administered data capture form of BGPMS reveal the following: Present AbsentTRANSCRIPT
-
RFPUBLIC OF THE PHILIPPINESDEPARTMEFIT OF TIiE INTFNIOR AND IOCA,T GOVERNMENT
Froncisco Gold Condominium llEDSA Cor. Mopogmohol St., Dillnron
Quezon City
OFFICE OF THE
MR. ITLORENCIO B. qUICOY, JR.Department HeadI-;nd Banl< ol rlrc Philil'ljnesAntipolo BrancllM.L. Quezon Sr., Antipolo eiry
UNDERSECRETARYDILG tegal Opinion No.05, S.2013
'r g FEB ?013
BARANGAY SAN LUIS, ANTIPOLO CITY PUNONGBARANGAY CONTROVEITSY
Dear Mr. Quicoy, Jr.:
'l'his refets to youl request for. clarificatio' on this Depafiment,s Opinion No. 2,8, S.20 l3 rclatir e ro two issucs, lo wil:
1. Validity ofthe Decision dated 02 January 2013 of the Sangguniang panlungsodimposing upon you the penalry ofsuspension for six (6) months; and
2. Whether the aforesaid Decision may be irr.rplemenred even betbre the lapse oi.the fifieen (15)-day period providecl under Antipolo City Ordinance No. 94-2001 ,
As regarcls the first issue, please nore that tl"ris Depar-tment deliberately did notaddress the same since as we have stated: "the Department will not unduly interwene on anissue which is withir-r the jurisdictiorl of another body" since it appears that tl-rere was anappeal of the decision of the Sangguniang Panlungsod. Hence, there is nothing to be clarifiedanent this issue.
With respect to the second issue, please be advised that this Department resolved thesame by clariiying that the implernentation of the SP Decision shoulcl be made in the 1igl-rt ofthe Citlr Orclinance, the latter having been stated in the opinion to be presumecl valid.
Sj.nce the Dcpartment's Legal Opinion l-rad presuned tl-re validiry o1' the CitvOrdinance anent thc enforceabiliry of the l)ecision stated above, tl-ren we have effbctivelydeclared that the implementation of tl-re Decision of the SP should comply with the periodprovided in the ordinance. Therefore, the recognition made by Antipolo City Mayor DaniloLeyble in favor of PB Andrei Zapanta on 7 |anuary 2013 finds basis in the said CiryOrdinance.
At this juncture, the fact that the election period (January 13 to fune 12, 2013) hasset-in within the lilteen-day period proviclecl by the ordinarrcc lbr the enlbrceability of theSP Decision, then it becones incumbent upon the SP to seek rhe opinion o{ the COMELEC
RE
ecblqatl'rg 20 qea o 6l .{6c41 4cdor.i'roq an t&o P&q4a*a.
-
as to whether or not the ratter's crearance shourd be a condition precedent for theimplemenration of the said Decision in rhe right of Secti.n 1 (A)(2) of COMELEC ResolutionNo. 9581 dated December 18, 2012 entitled: "IN THE MATTER oF ENFORCING THEPROHIBITIONS AGAINST APPOINTMENT OR HIRING OF NEW EMPLOYEES,CREATING OR F'ILUNG OF NEW POSITIONS, GTVING ANY SALARY INCREASE ORTRANSFERRING OR DETAILING A]VY OFFICER OR EMPLOYEE IN THE CIWLSERVICE AND SUSPENSION OF ELECTIVE LOCAL OFFICIALS IN CONNECTION WITHTHE MAY 13, 2013 AUTOMATED SYNCHORIZED NATIONAL, LOCAL AND ARMMREGIONAL ELECTIONS", which provides, to wit:
"Section 1. Prohibited acts.
B. Suspend any elective provincial, city, municipal or barangay officer,ur ess rhe suspension will be for purposes of applying the .,Anti_Graft arrdcorn:pt Practices Act" in relation to the suspension and removal of electiveoffilcials."
Attached is a copy of the said GoMELEC Resoruti.n for your ready reference.
Hence, if you are raising the issue of recognition between pB Zapanra and Mr. cate,you are hereby advised to raise the same before the GoMELEC, in view of the provisionss[ated above.
We hope to have addressed your concern accorclingly.
Very truly yours,
LS:87/l I
AUSTERE A. PANADEROUndersecretary