SKF head proposes rules on disposing grievances

CEBU, Philippines — Cebu City Sangguniang Kabataan Federation president Jessica Resch has proposed an ordinance prescribing the procedure for the filing and disposition of administrative complaints against SK elective and appointive officials.

The proposed measure is now pending before the committee on laws, ordinances, and styling of the city council for review.

Resch, who is sitting as ex-officio member of the City Council, said there have been several instances in which complaints against SK officials are not acted upon and/or no such complaints, at all, have been formally instituted in the absence of a mechanism on how it is done.

“There is a need for an institutionalized procedure in holding the abovementioned public officials accountable for any misfeasance, malfeasance, or nonfeasance committed during their terms and to ensure, as well, a speedy and effective disposition of the complaints filed against them,” she said.

The proposed ordinance provides that cases/complaints against elective and appointive SK officials, excluding the chairperson, shall be filed with the SKF office, who shall determine if the same is complete and in form.

The SKF will then endorse the complaint to the Sangguniang Panlungsod (SP), through the Office of the SP secretary.

“The only pleadings allowed to be filed are the complaint, which should clearly show the facts and legal ground/s that gave rise to the complaint, and the answer. All pleadings must be verified,” Section 3 states.

Section 4 provides any elected and appointed SK official may, after due process, be suspended for not more than six months or removed from office by a majority vote of all members of the SP based on the grounds stated in the proposed measure.

These include absence from the regular meeting without valid cause for two consecutive times or accumulated absences of four within a period of 12 months; failure to convene the regular assembly of the Katipunan ng Kabataan for two consecutive times; failure to convene the regular SK meetings for three consecutive months in the case of the SK chairperson; failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual Barangay Youth Investment Program, or approve the annual budget within the prescribed period of time without justifiable reason, among others.

Upon receipt of the appropriate cases/complaint, the SKF secretary shall submit a report to the office of the SP secretary stating the fact of receipt of the complaint, its completeness and/or compliance with the requisites provided for, and other particulars that would enable the latter to act accordingly.

The SP secretary, upon receipt of the endorsement, shall require the defendant/s to file an answer within a period of 15 days, counted from receipt of complaint.

After the 15-day period has lapsed or upon receipt of the answer, records of the administrative cases shall be forwarded to the SP for appropriate action.

The SP shall, by resolution, endorse the same to the committee on barangay affairs for possible amicable settlement, provided with the express consent of both parties.

The duty of the committee is to call both parties to a maximum of three conciliation conferences.

Should an amicable settlement be agreed upon by the parties, they shall sign an agreement terminating the case. The signed agreement shall be forwarded to the SP, which by resolution, declare the case dismissed with finality.

Should both parties fail to settle amicably, the said committee shall make a certification to this effect and endorse the same to the hearing committee of the SP for immediate disposition.

The hearing committee shall be composed of three members— one each from the committee on education, committee on youth, and committee on barangay affairs.

The committee shall hear the case and submit its recommendation to the SP.

Section 10 states that within three days from its constitution, the hearing committee shall notify the parties, in writing, of the date, time, and place of the hearing.

Proceedings before the committee shall be duly recorded and within 30 days from the termination of the proceedings, the committee shall endorse its findings and recommendations to the SP for its approval, disapproval, or modification. — GMR (FREEMAN)