VM TOTO PUSHES FOR REVIEW AND UPDATING OF CITY CODES


During las tAugust 08, 2014 regular session, the Presiding Officer of the 12th Sangguniang Panlungsod, Vice Mayor Jose Antonio “Toto” S. Veloso has once again called the attention of the concerned committees of the Sangguniang Panlungsod for the review and updating of the Codes of the City of Tagbilaran. During his presiding officer’ time, he emphasized that the Codes of the City of Tagbilaran had been enacted more than 5 years, in fact there are two Codes enacted more than 10 years ago. With the changing times, it can be surmised that our Codes are already outdated and not in consonance with the signs of the times.

The Administrative Code was enacted last January 2007; the Gender and Development Code was enacted last April 2007, Children’s Code enacted November 2006, the Investment Incentive Code enacted October 2002. Both the Environmental Management Code and Traffic Code were enacted last December 1997, which is more than 10 years ago.

It can be noted that VM Toto had earlier called for the updating of the Revenue Code after the  Workshop for the Review of the Revenue Code  in Cebu City last June revealed several segments in the City Revenue Code that are already inapplicable because it is already outdated.  VM Toto’s call did not fall on deaf ears because Hon. Bebiano Inting led the updating of the Revenue Code of the City of Tagbilaran  and is awaiting for the data and input from the heads of different departments of the City.

The updating of the rest of the Codes would  have to be scheduled at  a later date considering that this would entail numerous activities, such as workshops and training, and would have to be  included in next year’s budget.

VM Toto Veloso: amending SP Rules, City Codes, is relevant to public service


“There is really a need to amend our Rules in the SP as well as to revise most of our City Codes so that these set of rules and local laws can be used consistently in guiding our everyday acts and choices which in effect will shape our choices and decisions. Though trivial and insignificant at a glance, we should take note then that small things will achieve tremendous and sensible results when done for a good reason and common purpose.”

This was the reply of City Vice Mayor Jose Antonio S. Veloso, Presiding Officer of the Twelfth Sangguniang Panlungsod of Tagbilaran on the query of some media personalities regarding the move of the Sangguniang Panlungsod initiated by known criminal lawyer-City Councilor Alexander H. Lim that in order to compel the attendance and presence of invited resource persons during committee meetings and hearings, penal sanctions should be imposed to those who will intentionally snub such invitation.

Vice Mayor Veloso commented that the move of Councilor Lim may have been the result of his (Lim’s) frustration over the “blatant and arrogant display of power” by some city officials and key figures who instead of living up to their campaign of unity are doing otherwise instead. This is in addition to the fact that invitations for committee meetings and hearings are prone to being snubbed and ignored by respondents as if they are not giving it any weight and importance at all and this is because the SP has no subpoena power and therefore we cannot compel their attendance.

However, in their unsolicited efforts to assist the SP in this predicament, some known legal luminaries in the city have hinted that there are other available legal provisions and options for the SP to take aside from R.A.#6713 (Code of Ethical Standards). There is the so-called Non-feasance (Anti Graft & Corrupt Act or RA#3019) or when a public officer willfully refrains or refuses to perform an official duty which his/her office requires him to do.

Also available in our legal arsenal particularly under the Revised Penal Code are these three applicable provisions which carry with them the maximum penalty of arresto mayor and perpetual special disqualification such as Refusal of Assistance (Art. 233), Refusal to discharge elective office (Art.234) and Prolonging performance of duties and powers (Art.237).

In summing up, the City Vice Mayor was quoted to have said in connection with the prevailing criminalities that we are experiencing, “to do the right thing and follow what acts or actions are being provided for all people to do at a given circumstance is a duty for every concerned Tagbilaranon to do. This I believe will ultimately solve our problems in the community, maybe we cannot do great things, we may not change the situation today, but hope is there that we can effect change someday, for the better, and that is by following and respecting our laws, rules and regulations”.

by:SP Data & Info Team
Tagbilaran City

 

Art. 233. Refusal of assistance. — The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.

Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office.

Art. 237. Prolonging performance of duties and powers. — Any public officer shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos.

 

 

Other Offenses or Irregularities by Public Officers [Art. 231-245]

Chapter Six

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. — Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum period, temporary special disqualification in its maximum period and a fine not exceeding 1,000 pesos.

Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. — Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its minimum and medium periods and perpetual special disqualification.

Art. 233. Refusal of assistance. — The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.

Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office.

Art. 235. Maltreatment of prisoners. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused.

Section Two. — Anticipation, prolongation and abandonment of the duties and powers of public office.

Art. 236. Anticipation of duties of a public office. — Any person who shall assume the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from 200 to 500 pesos.

Art. 237. Prolonging performance of duties and powers. — Any public officer shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos.

Art. 238. Abandonment of office or position. — Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crime falling within Title One, and Chapter One of Title Three of Book Two of this Code, the offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.

Section Three. — Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. — The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof.

Art. 240. Usurpation of executive functions. — Any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.

Art. 241. Usurpation of judicial functions. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction.

Art. 242. Disobeying request for disqualification. — Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

Art. 243. Orders or requests by executive officers to any judicial authority. — Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos.

Art. 244. Unlawful appointments. — Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos.

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity; Penalties. — The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification.

Destruction of Life [Art. 246-261]

 Infidelity of Public Officers [Art. 223-230] 

SP REQUESTS PNOY TO APPOINT CITY PROSECUTORS


True to its advocacy and promise to promote justice,  the 12TH Sangguniang Panlungsod passed Resolution 123-14 in its regular session earlier today.

The resolution calls for President Benigno Aquino III for the appointment of six (6) Associate City Prosecutors of the City of Tagbilaran. These positions have been vacant for some time leaving the Office of the City Prosecutor with only four (4) Prosecutors including City Prosecutor Romeo M. Chatto. With the apparent lack of prosecutors, the four prosecutors are left with no choice but to juggle with the mountains of cases piled in their office. Understandably, this leads to failure of the City Prosecution service to immediately act on cases filed by the public in the various City Courts and the Regional Trial Courts (RTC).

There are already applicants for the said six (6) positions and that all their pertinent papers have been duly submitted and endorsed by DOJ Sec. of Leila M. De Lima, for the review, approval and appointment of Pres. Aquino. The appointment of the six associate prosecutors will be fundamental in the de-clogging of the cases that has already piled up in the courts and will hasten the serving of justice.

CITY SP CONGRATULATES INC FOR 100TH YEAR ANNIVERSARY


During its regular session today, the  Sangguniang Panlungsod passed RESOLUTION NO. 122 – 14. A resolution expressing congratulations and best wishes to the Iglesia ni Cristo on the occasion of its 100th founding anniversary on July 27, 2014.

The Iglesia ni Cristo was founded by the late Executive Minister Felix Y. Manalo at Barrio Tipas, Municipality of Taguig, Province of Rizal on July 27, 1914.

After 100 years of its existence, the Iglesia ni Cristo is undeniably one of the fastest growing churches in the world where magnificent worship buildings can be found and the latest of which is the monumental Philippine Arenastructure built in time for the celebration of their centennial anniversary.

Throughout the years, the Iglesia ni Cristo has greatly supported the City of Tagbilaran and the entire Province of Bohol as well as its various municipalities by means of its extensive civic-oriented activities and other meaningful socio-economic projects.

It is in this light that the Sangguniang Panlungsod of Tagbilaran would like to express its deep admiration that the Iglesia ni Cristo, under the able leadership of Bro. EDUARDO“Ka Eduardo”V. MANALO, continues to lead spiritual upliftment of its members. With their upcoming Centennial Anniversary celebration this July 27, 2014, the entire officialdom of the City of Tagbilaran wishes the Iglesia ni Cristo to gain more numerical strength and recognition.

ORDINANCE NO. 05 -14 “HELMET ORDINANCE” FINALLY APPROVED


Ordinance no. 05-14 entitled, “An Ordinance Prohibiting Motorists to Use Any Material that Conceals Identity in Public Places within the City of Tagbilaran”, is finally approved on its third and final reading after passing the careful scrutiny of the 12Th Sangguniang Panlungsod.

The ordinance sponsored by Hon.Jerry Pabe was subjected to several amendments for fear that it may be ultra vires with the existing Helmet Law or Republic Act No. 10054 “Motorcycle Helmet Act of 2009.” The ordinance is in response to the alarmed Boholano community regarding the rise of shooting incidents involving riding in tandem wearing either bonnets, cloth around their face or full-face helmets concealing the identities of the riders which makes criminal investigations difficult.

One of the highlights in the ordinance is Section 3. Prohibited Acts which provides,

SECTION 3. PROHIBITED ACTS. No motorist shall use any material that covers the face or in any way conceals intentionally his/her identity within the City of Tagbilaran, such as but not limited to the following:

(a) wearing bonnet that covers the face;

(b) wearing the hood of a garment that covers a considerable portion of an individual’s face;

(c)  wearing of full face helmets or helmets with tinted visors that  conceals the identity of a motorist;

(d) wearing of cloth or any other material around the face or wrapping          the entire head with a cloth.”

 

The City shall conduct massive information, education and communication campaigns using quad media (print, radio, television and internet) upon approval of this Ordinance for the information and guidance of the Tagbilaranons.

The lead agencies for the effective implementation of this ordinance shall be the City Traffic Management Office (CTMO) and the City PNP and they shall maintain a database for reference and monitoring purposes. Both implementing agencies are authorized to flag down any violators of this ordinance and shall require the violators to present the proper identification.

25 Percent COMPLETION OF CITY HALL PHASE 1 REHABILITATION


In today’s regular session, the 12th Sangguniang Palungsod has invited City Engineer Engr. Pianicita Castolo and Engr. Teodoro Estoque to give updates and shed light regarding the rehabilitation of the City Hall.

Engr. Estoque as Chairman of the Technical Committee for the Rehabilitaion of the City Hall, reported to the august body that as of this moment, the Phase I rehabilitation of the City Hall is already 25% complete.  Target date of completion is four months and is slated that on September 21, it will be completed.  Phase I rehabilitation includes re-roofing, fence enclosure and demolition works. Phase I is funded by the 4M savings by the City.

The Technical Committee has also started planning for Phase 2 of the City Hall Rehabilitation. Phase 2 will be funded by the financial assistance from the national government’s rehabilitation fund.

Phase 2 shall include the exterior demolition (cracked walls), interior demolition,ground floor repair, tile works, ceiling, main entrance,  glass works, revamp plumbing works,  installation of parapet walls, installation of new planning fixtures such as elevators, electrical and lighting fixtures, ramp, exterior and interior railings, fire exit structures, site development plan including the landscaping.

SP APPROVES 2014 2ND SUPPLEMENTAL INVESTMENT PLAN


The resolution no. 108-14 adopting resolution no. 02-14 series of 2014 of the City Development Council  Executive Committee has been approved by the 12th Sangguniang Panlungsod at its first regular session in the month of July.

The resolution seeks for the approval of  the 2014 2nd Supplemental  Investment Plan (SIP 2) of the City of Tagbilaran amounting to  one hundred forty seven million seven hundred fifty five thousand and eighty seven pesos (Php 147,755,087.00)

The SIP includes 116.6 million financial grants from the National Government from the Office of the President coursed to the Provincial Government of Bohol to be included in the investment plan so it can be included in our 2014 budget. The budget office cannot  appropriate the financial assistance  if it is not included in the SIP.

Also included in the 147 million are the investment plan in the Disaster Risk Reduction Management Fund amounting to 7.6 million for tools and equipment procurement, 7.5 million for improvement for drainage system,  4 million from general fund, and the rest of the for the repairs for the Fire Station, Senior Citizen building,Health Center, and Barangay Halls of Ubujan, Manga and San Isidro.

SP SUPPORTS BY-PASS ROAD DEVELOPMENT PROJECT OF DPWH


The august body of the Sangguniang Panglungsod, in its first regular session for the month of July,  approves resolution No. 105-14  which strongly supports and endorses to regional director Ador G. Canlas, CESO I DPWH, Region VII for the inclusion of road improvements in the by-pass road development project of the Department of Public Works and Highways (DPWH).

The passage of such as resolution is in consonance with the vision of the YAP-VELOSO administration to embark on improving the infrastructure programs/plans and projects in the City of Tagbilaran.

The city government has aligned on top of its priorities for its infrastructure projects the road in front of the Tagbilaran City Central Public market (both left and right lanes) leading to the by-pass road and the entrance and exit road at the back portion of the Integrated Bus Terminal (IBT).

The total project would cost approximately 19.9 million. With 11.2 million estimated cost for road in front of the Central public market’s estimated length/distance of 231 meters and width of 12 meters each lane and 8.7 million for the Integrated Bus Terminal (IBT) road with an estimated length/distance of 281 meters and width of 15 meters.

CITY’S ALL-OUT SUPPORT FOR THE BOHOL SANDUGO 2014


July is a much-awaited  month for Boholanos. Thousand of foreign and local tourist flock the province for its month-long celebration of the Sandugo festival. Sandugo is  Bohol’s annual commemoration of the Blood compact between  Spanish explorer Miguel López de Legazpi and Datu Sikatuna the chieftain of Bohol on March 16, 1565, to seal their friendship as part of the tribal tradition. This is considered as the first treaty of friendship between the Spaniards and Filipinos. “Sandugo” is a Visayan word which means “one blood”.

The Bohol Provincial Tourism Council, Inc., is spearheading the  celebration of the Bohol Sandugo Festival 2014 with the aim in view of promoting Bohol as a prime eco-cultural destination and spread awareness and appreciation of the historical importance of Sandugo.

The City has expressed all-out support for the Bohol Sandugo Festival by providing financial assistance amounting to five hundred thousand pesos (Php 500,000.00) to the Bohol Provincial Tourism Council, Inc. to help promote the tourism of the province through the Bohol Sandugo Street Dancing Competition 2014, Search for Miss Bohol 2014, Marketing and Promotion and other contingencies.

The 12th Sangguniang Panglungsod approved Resolution No. 111-14 – Authorizing the Hon. City Mayor John Geesnell L. Yap II to enter into a Memorandum of Agreement (MOA) with the Bohol Provincial Tourism Council Inc., in connection with city’s financial assistance in the amount of Php500,000.00 for the 2014 Bohol Sandugo Celebration, in its first regular session forJuly.

Aside from the Sandugo street dancing & Miss Bohol pageant, agri-trade fairs, art and cultural exhibits and performances are also to watch-out for in the month long nightly activities. This will not only boost tourism, but an opportunity to showcase the showcase the local creativity and ingenuity of the Boholanos and making the festival a venue of cultural expression of the province.

ADDITIONAL GOV’T ASSISTANCE FOR SENIOR CITIZEN


Good news for our elderly citizens. The 12th Sanggunian Panlungsod has approved resolution 104-14 which was included in the special order of the day in the first regular session for July. The resolution, which authorizes Hon. John Geesnell L. Yap II, City Mayor of Tagbilaran City to enter into a Memorandum of Agreement (MOA) with the Department of Social Welfare and Development (DSWD), represented by Mercedita P. Jabagat, Regional Director DSWD, Region VII, regarding the Social Pension Program for indigent senior citizen in the City of Tagbilaran.

 Republic Act No. 9994 or Expanded Senior Citizens Act of 2010 which provides additional benefits and privileges to senior citizen and maximize their participation in nation building institutionalized social protection by providing monthly  stipend to indigent senior citizens as support the family to provide care for the sick and the disabled senior citizen.

 The Social Pension Program for indigent senior citizen is in provision of monthly pension for qualified indigent senior citizen in the amount of five hundred pesos (Php500.00)  as government assistance to augment the daily subsistence and other medical needs of senior citizens.

 The Social pension program is in fulfilment of the obligation of the government to protect the most vulnerable sector of our society. The program shall be coursed through the local government unit. The guidelines for the implementation of the project, including the database of the qualified indigent senior citizen shall be provided for in the MOA that will be signed by the Mayor  Baba Yap and DWSD Regional Director Merecedita P. Jabagat.