Mechanism to hold erring SK officials liable pushed

CEBU, Philippines —  The Cebu City Council’s Committee on Laws, Ordinances, and Styling has referred to the Department of Interior and Local Government (DILG) for its opinion on the proposed ordinance prescribing the procedure for the filing and disposition of administrative complaints against Sangguniang Kabataan (SK) elective and appointive officials.

Councilor Jessica Resch, SK Federation President, is the author of the proposed measure.

“There have several instances where complaints against Sangguniang Kabataan Councilors, Treasurers, and Secretaries are not acted upon and/or no such complaints, at all, have been formally instituted because of the absence of a mechanism on how it is done,” read the proposed measure.

“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,” it added.

Section 2 of the proposed measure states 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 sufficient in substance and form.

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

Agreed

Under Section 61 of the Local Government Code and City Ordinance No. 1510, the SP is the proper venue to entertain the filing of administrative complaints against any elective barangay official whose decision shall be final and executory.

The committee noted and agreed with the preambulatory clause of the ordinance that with the current provision of the Code and CO 1510, the avenue for filing of administrative complaints covers only elective barangay officials, the SK chairman, and excludes the SK councilors, treasurers, and secretaries.

It added that even the procedure to impose suspension and disciplinary actions provided under DILG Joint Memorandum Circular (JMC) No. 2017-01 covers only SK Federation officers.

Thus, the committee said the proposed ordinance which seeks to finally provide a proper mechanism to entertain administrative complaints against these SK officers is “quite welcome.”

“However, this Committee would prefer to err on the side of caution before submitting the proposed ordinance for passage by this Sanggunian, lest it be accused of acting beyond its delegated legislative authority,” read the committee report.

“For want of a clear provision of law, circular, or other legal basis, we find it most prudent that the ordinance be first referred to the Department of Interior and Local Government (DILG) for its opinion on the matter. The opinion of the DILG will greatly help guide the Sanggunian in determining whether it is the appropriate body to prescribe the rules of procedure, and whether the proposed ordinance itself is proper,” it added.

Further, the committee stated that in the event that the Sanggunian’s authority and the ordinance’s validity are upheld, it has also recommended additions.

It noted that despite providing for a mechanism for hearing and imposing disciplinary measures to erring SK officers, it makes no mention of preventive suspension.

“It is our considered opinion, that much like in the procedure under DILG JMC No. 2017-01 and the Local Government Code, a provision to impose a preventive suspension while the case of the erring officer is pending, should also be included,” the committee report further read. — JMD (FREEMAN)