COURSE-EPISODE 9 SUMMARY

Title/Topic: Barangay (Public) Accountability

1. General Course-Episode Outline:

The responsibility of enforcing community quarantine guidelines in their respective jurisdictions or face liability including the identification and distribution of cash under the National Government’s emergency subsidy program (ESP) falls directly under the care of elected Barangay Officials, particularly the Punong Barangay (Barangay Chairman). Those held liable for failure to enforce and implement the afore-mentioned transgressions are criminally accused of violating Republic Act No. 11469 or the Bayanihan to Heal As One Act, and Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act. The Department of Interior and Local Government (DILG) submitted that the anomalies allegedly committed by elected and apppined Barangay Officials include among others: falsification of the list of beneficiaries, splitting of the case received and those imposing and receiving a portion (“tara”) from the beneficiaries. Moreover, a public officer may be held civilly, criminally, and administratively liable for a wrongful doing[1]. It is in this predicament that we need to dissect the matter of administrative liability of the responsible public official which includes such penalties as suspension, removal from Office and perpetual disqualification from holding public office.

“Administrative discipline is the mechanism by which public servants are either recognized or made answerable for omissions or acts committed while in office, in relation to laws, rules, regulations and public policy, prescribing their duties and responsibilities: Provided, that due process of law and the protection of the rights to security of tenure are made paramount in the pursuit of any disciplinary action.”[2]

The following are the Constitutional and Legal Bases for Administrative Discipline, to wit:

1. “No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law.” (Art. IX B. Sec. 2 1987 Constitution)
2. “Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, and act with patriotism and justice and lead modest lives.” (Art. XI Section 1, 1987 Constitution).
3. No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process. (Sec. 46[a], Chapter 7, book V, Executive Order No. 292)

Administrative discipline is intended in advocating and regulating the conduct of public servants in our common pursuit of establishing a high standard of ethics in public service according to accepted norms of responsibility, integrity competence and loyalty, patriotism, justice, leading modest lives, efficiency and integrity.

The following are grounds for disciplinary action against local elective officials[3], to wit:

(1) Disloyalty to the Republic of the Philippines;

(2) Culpable violation of the Constitution;

(3) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;

(4) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor;

(5) Abuse of authority;

(6) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the sangguniang panlalawigan, sangguniang panglunsod, sangguniang bayan, and sangguniang barangay;

(7) Application for , or acquisition of foreign citizenship or residence or the status of an immigrant of another country; and

(8) Such other grounds as may be provided in 1991 LGC and other laws.

If such elective official is found to be liable on any of the afore-mentioned administrative offense or grounds, he may be disciplined, suspended or removed from office by order of the proper court. An “administrative offense” means every act or conduct or omission which amounts to or constitutes, any of the grounds for disciplinary action.[4]

Hence, this webinar series seeks to provide the viewer the basic laws and regulations which are often violated by Barangay appointed and elected officials in the performance of their duties and responsibilities.

1. Intended Course-Episode Learning Outcomes:
2. Comprehend the role, functions and responsibilities of local government units (specially the Barangay) as frontline agencies in the formulation, planning and implementation of developmental programs, projects and activities for the benefit of their respective constituencies.
3. Be familiar with the essential concepts, general laws and regulations which identifies the prohibited acts and the process of imposing administrative discipline among Barangay elected and appointed officials and the related agencies or institutions of Government which are mandated to process the same.
4. Understand the principle of accountability as it applies within the context of elected and appointed Barangay Officials in the performance of their mandate, duties and responsibilities.

III. Course-Episode Objectives:

This Course-Episode seeks to address the following answer the following issues?

1. What are duties, responsibilities and functions of the Barangay Local Government Units in the implementation of covid measures that are subject to various administrative cases?

2. What are the major concepts and principles of public accountability and administrative discipline in the context of Barangay local government unit?

3. What are processes existing in imposing administrative discipline and the government agencies or institutions that are engaged in the hearing and decision-making on administrative case and accountability of barangay officials?

• Course-Episode Relation to Rex’s Edukampyon principles and objectives:

This webinar course-episode is related on the Whole School Approach (WSA) which among other emphasizes that learning involves not only the school but the community as well. Realistically, such community and school are just but institutions in a bigger unit such as a local government unit whose affairs are managed and implemented by formal structure and led by those chosen by the residents therein.

Moreso, this webinar course episode is focused on the “gatekeepers” of education in the community and the nation in general. It further illustrates the critical relationship among the stakeholders (duty bearers) and the gatekeepers of education in providing the best possible learning experience for our children and the youth.

1. Mechanics of the Course- Episode:

The webinar will run for One (1) Hour and Thirty (30) Minutes and shall be divided into three (3) sections: The Resource Learning Section,  2^nd is the exemplification portion (best practices cases) and the 3^rd is a Question and Answer (Q & A) portion.

1. The Resource Learning Section provides for a main speaker that will

seek to elucidate on the objectives and learning outcomes as previously enumerated. The main speaker shall be provided a time allocation of forty-five (45) Minutes and has the option to utilize the zoom platform either through recording or in-person lecture.  The Center for Local Governance shall coordinate with the main speaker on what platform and format he/she wishes to convey the learnings.

For this course-episode, the main speaker will be the:

Atty. ENRIQUE V. DELACRUZ, Jr.

Municipal Councilor, Municipality of Baliuag, Bulacan

Faculty Member, UST Law School

Lecturer, UP NCPAG

2. The Exemplification Portion will include LGU Exemplars (Best

Practice & Innovation) which implemented outstanding programs, projects & activities in ensuring continuity in learning within the community.  This portion will include three (3) LGU exemplars which will be allocated Ten (10) Minutes each for a total of thirty (30) minutes.

          The following are the Barangay exemplars in this course-episode:

• Hon. ELIZABETH P. CRUZ

Barangay Chairman

Barangay New Zaniga,

Mandaluyong City

• Hon. PRISCILA B. PONGE

Barangay Chairman

Barangay Gordon Heights,

Olongapo City

• Hon. FEDERICO B. CODLEY

Barangay Chairman

Barangay Atok Trail,

Baguio City

Makati City

Mechanics for the Exemplars:

• Each Barangay Exemplar shall be allotted a total of Ten (10) Minutes.
• The details and substance of the exemplary program/project/activity (PPA) shall be presented by the Barangay Chairman/ Punong Barangay.
• All presentation under this portion (Exemplary Best Practices) are to recorded and submitted to REX Edukampyon Staff for lay-out and editing
• All Barangay exemplars shall be invited in the subject webinar episode to access the final and official product/version.

3. The Question & Answer (Q & A) Portion will be allotted fifteen (15)

Minutes to be presided upon by the webinar host.

1. Reference Materials:

• 1987 Philippine Constitution
• Republic Act 7160 otherwise known as the Local Government Code (LGC) of 1991
• Republic Act 3019 otherwise known as Anti-Graft and Corrupt Practices Act
• Republic Act 6713 otherwise known as Code of Conduct and Ethical Standards for Public Officials and Employees
• Executive Order No. 292 also known as the Administrative Code of 1987

[1]https://www.google.com/urlsa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiZ6vTf0_rzAhVOxGEKHeZpD6kQFnoECAYQAw&url=https%3A%2F%2Flawlibrary.chanrobles.com%2Findex.php%3Foption%3Dcom_content%26view%3Darticle%26id%3D87316%3A63635%26catid%3D1627%26Itemid%3D566&usg=AOvVaw1Bs8bG9mS2nGWqLyOegBNJ

[2] Grande, Angelito G. (2000) Handbook in Investigation of Administrative Disciplinary Cases.

[3] Section 60, Republic Act 7160, otherwise known as the “Local Government Code”.

[4]   Salalima vs. Guingona, G.R. No. 117589 -92, May 22, 1996.