FINALIZING THE CITY’S ELA

Tagbilaran City Officials and heads of both the executive and legislative departments are currently finalizing the Executive Legislative Agenda Workshop slated this August 21-23 at Dumaluan Beach Resort, Bolod, Panglao, Bohol.

The ELA was initially formulated during a workshop last year on August 2013 and the body was able identify pertinent issues and concerns which affect the City of Tagbilaran. The workshop enabled the city officials and heads to grasp a deeper understanding of the importance of the strategic leadership, participatory governance, and convergence in the local planning and decision-making process for the city’s progress and development.

However, there is a need to revise the ELA because of the occurrence of the 7.2 magnitude earthquake last October.  The tragedy opened the eyes of our City leaders to find a better approach in dealing with calamities, and to re-define the major development thrusts and priorities of the executive and legislative branches of the government for the remaining 2 years

The creation of an Executive Legislative Agenda (ELA) is pursuant to Section 106 of the Local Government Code of 1991 mandating each local government unit to prepare a comprehensive multi-sectoral development plan to be initiated by its local development council and approved by its Sanggunian. The ELA is a three-year program of governance anchored  toward the attainment of a unified development  vision, mission, goals and objectives and  is a product of a participatory planning and consensus building process participated by both the executive and legislative departments of the local government unit (LGU).

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 With the changing times, it can be surmised that our Codes are already outdated and not in consonance with the signs of the times.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]