timon 1st quarter 2015

8
1 TI- MON LEGAL OPINION FACT: On March 22, 2015, a Municipal Mayor in Agusan del Norte received an order from the Office of the Ombudsman ordering his good office to implement the Decision suspending a Punong Barangay within his area of responsibility. The dispositive portion of the Decision reads: HON. XXX, incumbent Municipal Mayor of XXX, Agusan del Norte, is directed to imple- ment the penalty of Suspension for one (1) month without pay against XXX, within ten (10) days from receipt hereof, and to submit to this Office, within the same period, a Compliance Report indicating the Docket Number of this case.QUERY: 1. Can the suspension be made effective on April 1, 2015? 2. Is there any implication if the Municipal Mayor will not obey the order of the Ombudsman? See Findings in page 8 DILG 13 Regional Director Lilibeth A. Famacion jumpstarting BUB 2015 with ferocity. Caraga Ready for BUB 2015 By Bryan F. Edulzura Butuan City – The Department of the Interior and Local Govern- ment (DILG) Region 13, is all set to implement the Bottom – Up Budget- ing (BUB) 2015. With around 800 individual projects totaling to P 1.004 billion, to be implemented by the participating agencies, the Department engages more community mobilizers to assist LGUs and communities in implementing and monitoring BUB projects. We double the number of Community Mobilizers (CM) to assist Caraga Regions 73 Local Government Units (LGUs) to implement the BUB projects. From 6 CMs we hired in the first semester of 2014, we increased it to 13 CMs in 2015”, DILG Regional Director Lilibeth A. Famacion said. We value the importance of organizing the communi- ties to deepen their participation and improve the efficiency in reaching the poor. These are the very essence of the BUB process”, RD Famacion stressed. BUB 2015 (page 2) The Official Publication of the Department of the Interior and Local Government—Region XIII (Caraga) | February 2015 In This Issue San Vicentes (Butuan City) Secure Spot in LTIA 2014 LGRRC 13 DRR Engagement with CSOs DILG13 Inks MOA for Cinemoble Project III Caraga Launches Operation Listo! Caraga SGH 2014 Passers CSIS Utilization Conferences

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Official Publication of the Department of the Interior and Local Government - Region XIII (Caraga Region)

TRANSCRIPT

Page 1: Timon 1st Quarter 2015

1

TI- MON

LEGAL OPINION

FACT:

On March 22, 2015, a Municipal Mayor in Agusan

del Norte received an order from the Office of the

Ombudsman ordering his good office to implement

the Decision suspending a Punong Barangay within

his area of responsibility. The dispositive portion of

the Decision reads:

“HON. XXX, incumbent Municipal Mayor of

XXX, Agusan del Norte, is directed to imple-

ment the penalty of Suspension for one (1)

month without pay against XXX, within ten (10)

days from receipt hereof, and to submit to this

Office, within the same period, a Compliance

Report indicating the Docket Number of this

case.”

QUERY:

1. Can the suspension be made effective on April 1, 2015?

2. Is there any implication if the Municipal Mayor will not obey the order of the Ombudsman?

See Findings in page 8

DILG 13 Regional Director Lilibeth A. Famacion jumpstarting BUB 2015 with ferocity.

Caraga Ready for BUB 2015 By Bryan F. Edulzura

Butuan City – The Department of the Interior and Local Govern-

ment (DILG) Region 13, is all set to implement the Bottom – Up Budget-

ing (BUB) 2015. With around 800 individual projects totaling to P 1.004

billion, to be implemented by the participating agencies, the Department

engages more community mobilizers to assist LGUs and communities

in implementing and monitoring BUB projects.

“We double the number of Community Mobilizers (CM) to assist

Caraga Region’s 73 Local Government Units (LGUs) to implement the

BUB projects. From 6 CMs we hired in the first semester of 2014, we

increased it to 13 CMs in 2015”, DILG Regional Director Lilibeth A.

Famacion said. “We value the importance of organizing the communi-

ties to deepen their participation and improve the efficiency in reaching

the poor. These are the very essence of the BUB process”, RD

Famacion stressed.

BUB 2015 (page 2)

The Official Publication of the Department of the Interior and Local Government—Region XIII (Caraga) | February 2015

In This Issue

San Vicente’s (Butuan City)

Secure Spot in LTIA 2014

LGRRC 13 DRR Engagement with

CSOs

DILG13 Inks MOA for Cinemoble

Project III

Caraga Launches Operation Listo!

Caraga SGH 2014 Passers

CSIS Utilization Conferences

Page 2: Timon 1st Quarter 2015

BUB 2015 (Continued from page 1) For 2015, all cities and municipalities will receive at least P12.5 million worth

of projects. This money will be used to fund community-determined, anti-poverty

interventions—such as agriculture and fisheries support, potable water supply,

public healthcare, local access road, basic education, and disaster preparedness

and response. These projects were identified and unanimously endorsed by the

Local Poverty Reduction Action Team (LPRAT) which is composed of 50% LGU

Representatives and 50% Civil Society Organizations.

Now on its 4th year, Bottom – Up Budgeting (BUB) puts emphasis on the

deepening participation of stakeholders in public spending. The BUB seeks to

amplify the voice of the grassroots in the allocation and management of public

funds, as well as to promote a greater sense of understanding and ownership of

the budgeting process among the public.

“This year, we will face another challenge as we implement the projects; but

with the engagement of community mobilizers and support from the participating

agencies, LGUs and civil society organizations, we are ready for the 2015 BUB

run”, Marilou Autor-Salado, DILG-BUB Regional Focal Person, proudly declares.

The oversight agencies of BUB 2015 are Department of the Interior and Local

Government (DILG), Department of Budget and Management (DBM), National

Economic Development Authority (NEDA) and National Anti-Poverty Commission

(NAPC). The participating agencies are Department of Agriculture (DA), Depart-

ment of Social Welfare and Development (DSWD), Department of Trade and In-

dustry (DTI), Department of Agriculture (DA), National Irrigation Administration

(NIA), Department of Tourism (DOT), Department of Health (DOH), Department of

Labor and Employment (DOLE), Department of Environment and Natural Re-

sources (DENR), Department of Energy (DOE), Department of Education

(DepEd), National Electrification Administration (NEA) and Local Government

Support Fund (LGSF).

Full list of 2015 BUB projects can be viewed at www.caraga.dilg.gov.ph and

www.dbm.gov.ph.

San Vicente, Butuan tops 2014 LTIA By Lolita H. Savaria Barangay San Vicente of Butuan City made it again to the top 3 highly ur-banized barangays in the Philippines that demonstrate exemplary perfor-mance in settling disputes at the grassroots level. This is after the performance and accomplishments of the Lupong Ta-gapamayapa of San Vicente were evaluated by composite committees organized at the city and regional lev-els on the basis of efficiency of opera-tions; effectiveness in securing the Katarungang Pambarangay objectives and creativity and resourcefulness of mediators. Being the Regional Awardee, it is now qualified for the national search and has been shortlisted for the top performing Lupong Tagapamayapa from among the 42,028 barangays nationwide. It can be recalled that San Vicente is the reigning Lupong Tagapamayapa Incentive Awards (LTIA) grand winner of the highly urbanized category for the last two years since 2012. With this development, it has a chance of gar-nering the grand slam for winning in three consecutive years. Dir. Lilibeth Famacion of DILG Caraga recognized the efforts of the Lupon members, “Two thumbs up for Punong Barangay Raul Carampatana for leading the pool of performers in the barangay “ Famacion said.

The Lupong Tagapamayapa of Brgy. San Vicente with PB Raul Carampatana.

DILG XIII Director Lilibeth A.

Famacion is now Career Executive

Service Officer (CESO) III, as pub-

lished by the Career Executive Ser-

vice Board (CESB) on March 17,

2015. There are 3 other CESOs in

DILG 13, i.e. PD Pedrito P. Alacaba

of Surigao del Sur (CESO V); PD

Romeo A. Solis Agusan del Norte and

concurrent City Director of Butuan

City (CESO V) and LGOO VII Charis-

sa T. Guerta, Chief of Local Govern-

ment Capacity Development Division

(LGCDD) who is CES Eligible.

Page 3: Timon 1st Quarter 2015

Regional Director’s

NOTES

This year is going to be a challeng-

ing year for us in the DILG.

2015 is the year many have set tar-

gets for. The ASEAN integration and

even Millennium Development Goals

are but a couple. Working for gov-

ernment, targets and commitments

are naturally recurring things. So we

go for higher targets for our pro-

grams, especially the Bottom-Up

Budgeting.

But despite the challenges the year

poses, we are still very hopeful.

Things remain promising. We have

had several gains in 2014 and we

will use the momentum we’ve build

up to keep on track.

And so we push on. The first quarter

has just ended, but we have many

things to do. Many things to look

forward to.

LILIBETH A. FAMACION, CESO III Regional Director

Commitment Collage of Caraganons manifesting support and commitment to the Listo Program.

Caraga Launches Operation Listo! By Bryan F. Edulzura

Butuan City – The Department of the Interior and Local Government (DILG)

Region XIII and the Local Government Academy (LGA) conducted the Re-

gional Launching and Orientation on Operation Listo: Tamang Paghahan-

da, Tamang Aksyon last January 29, 2015 in this city.

Operation Listo is DILG’s response to the continuing threat of natural disas-

ters that confront LGUs. “With the advent of Climate Change, we do not

want to “Miss Again” our disaster preparedness efforts, just like what hap-

pen to Yolanda in 2013”. “While we are already armed with information on

lessons learned from Typhoon Sendong and Pablo in 2011 and 2012 respec-

tively, Yolanda left with thousands of casualties.” “We do not want it to hap-

pen again, ever”, DILG 13 Regional Director Lilibeth A. Famacion, said.

Among the highlights of the event was the launching of the Operation Listo

Manual. The manual contains checklists for early preparations for local

chief executives and other key personnel in the LGU that will help deter-

mine the readiness of LGU in times of disaster. It will also assist them in the

formulation of their respective disaster preparedness plans.

Present during the launch were key personnel from the DILG, Mr. Slvester Z.

Barrameda, Jr. of the Local Government Academy, officials of the Philip-

pine National Police (PNP) and Bureau of Fire Protection (BFP) as well as

officials from the selected member agencies of the Regional Disaster Risk

Reduction and Management Council (RDRRMC) Region XIII.

After the regional launching, the Department will conduct the remaining

components of the program such as Provincial Convergence Action Plan-

ning, the Disaster Preparedness Dialogue and WemBoree (for the youth)

until May, this year.

Page 4: Timon 1st Quarter 2015

4

Butuan City – The Department of the Interior and

Local Government (DILG) Region XIII announced on

February 20, 2015 that there are 73 out of 78 local gov-

ernment units (LGUs) in the region that passed the as-

sessment of the CY 2014 Good Financial Housekeep-

ing (GFH) under the Seal of Good Local Governance

(SGLG).

The GFH, a component of the SGLG, is formerly

known as the Seal of Good Housekeeping (SGH) which

the Department initiated in 2010. GFH and SGH apply

the same minimum criteria, namely: Unqualified or

Qualified COA Opinion and Compliance with the Full

Disclosure Policy (FDP).

For an LGU to be a recipient of the SGLG, it should

pass all three core assessments namely GFH, Disaster

Preparedness and Social Protection. It should also pass

one of the three essential assessments namely Busi-

ness Friendliness and Competitiveness, Environmental

Protection and Law & Order and Public Safety.

DILG 13 Regional Director Lilibeth A. Famacion

said that the assessment was conducted on July to

August 2014 through cross-posting method by the Re-

gional Assessment Teams (RATs) composed of DILG

Field Officers, representatives from the Civil Society

Organizations (CSOs) and National Government Agen-

cies (NGAs). The DILG field officers together with the

members of the assessment teams were assigned in

other LGUs to avoid biases during the assessment.

After the assessment, it was calibrated by the DILG Provin-

cial and Regional Directors before it was submitted to the

DILG Central Office for national calibration.

The assessment is finally completed and the list of

passers can be accessed in the DILG Central Office web-

sitewww.dilg.gov.ph and DILG 13 web-

site www.caraga.dilg.gov.ph. Such will be the basis for the

issuance of the GFH Certification for loan purposes and

accessing other national program windows, subject to spe-

cific guidelines.

“The GFH Certification is a requirement for local gov-

ernments in accessing loans pursuant to Local Finance

Circular No. 1-2012, and in accessing national program

windows like the Bottom-Up Budgeting (BuB) Program and

the SALINTUBIG Program pursuant to DILG Memorandum

Circular No. 2013-066.” Dir. Famacion said when asked on

the importance of the GFH.

LGUs that failed to pass the GFH should not lose

hope. If a failure is due to FDP, they have the opportunity

to comply with the FDP and avail of the “After Assessment

Compliance” pursuant to DILG Memorandum Circular No.

2014-13 dated February 6, 2014 to secure the GFH Certifi-

cation without waiting for the next assessment period. How-

ever, if failure is due to COA Opinion, the LGU has to coor-

dinate with COA to settle the negative findings in order to

secure either Unqualified or Qualified COA Opinion for the

next COA Audit Report.

73 OF 78 Caraga LGUs Pass SGH 2014

Page 5: Timon 1st Quarter 2015

5

DILG-13, JPIC-IDCI Ink

Cinemobile P-III MOA By Jason Ryan R. Lam

January 16, 2015—To strengthen its fight

against trafficking in persons, the Justice, Peace

and Integrity of Creation – Integrated Develop-

ment Center (JPIC-IDC, Inc.) entered into a

memorandum of agreement (MOA) with the

Department of the Interior and Local Govern-

ment (DILG)–Region 13 for Cinemobile Project

III covering the cities of Butuan, Cabadbaran

and Bayugan and the municipalities of Nasipit,

Bunawan and Prosperidad in the provinces of

Agusan del Norte and Agusan del Sur as pilot

LGUs for the project.

The partnership highlights capacity develop-

ment of the Local Committee Against Trafficking

and Violence Against Women and their Children

(LCAT-VAWC), and monitoring of its functionali-

ty to ensure protection of women and children

against, and prevention of, human trafficking.

Cinemobile Project III is a continuation of

the JPIC-IDCI’s project in partnership with Karl

Kubel Stiftung fur Kind und Familie (KKS) of

Germany. The implementation period will be up

to 45 months from year 2014 to 2017. The target

groups of the project are the 4 out of 5 pillars of

criminal justice specifically the law enforcement,

prosecution, courts/judges and the community

as represented by the local government coun-

cils, NGOs and people’s organizations which

contribute to the prevention of trafficking in per-

sons.

DILG 13 Regional Director Lilibeth

Famacion, CESO IV and JPIC-IDC, Inc. Ex-

ecutive Director Rev. Fr. Anthony S. Salas

signing the Memorandum of Agreement for

Cinemobile Project Phase III last Jan. 16,

2015 in Butuan City.

DATE NAME FROM

1/15/2015 ADA IV Fernando A. Ruaza DILG SDS

1/30/2015 LGOO VI Cecilia B. Besona DILG RO

Retirement

PERSONNEL MOVEMENTS

DATE NAME FROM

3/1/2015 ADASST II Eric James G. Brasileño DILG RO

Resignation

DATE NAME POSITION OS

1/1/2015 Celso G. Almirol BUB CM

(Contractual)

DILG RO

1/1/2015 Demelyn E. Boniza BUB CM

(Contractual)

DILG SDN

1/6/2015 Oneil Lantaca Driver

(Contractual)

DILG BXU

1/6/2015 Janifer C. Casimero Driver

(Contractual)

DILG SDS

2/2/2015 Johan Jake M. Aliguay ENGR

(Contractual)

DILG RO

2/2/2015 Aileen M. Villacorta ADA VI DILG SDS

2/16/2015 Jolaiza S. Rezus Acct II DILG RO

New Hires

DATE NAME FROM TO

1/2/2015 to LGOO VI Jocelyn C. Jayoma DILG RO Australia

1/2/2015 to LGOO V Emmylou P. Burias DILG RO Australia

Study Grants (PAHRODF)

Page 6: Timon 1st Quarter 2015

6

CSU, FSUU, PNU, SDSSU Present CSIS Findings By Don Manuelo O. Patrimonio

“The data presented here is really the prevailing

sentiment of the people. Generally, that is their

situation. So as far as the areas where we are

low, there is a need for us to intervene, thanks

to CSU and DILG for giving as the data that

will become the bases for our action.”

Mayor Dale Corvera

Cabadbaran City, March 27, 2015

“It is a great challenge for us in the government to

improve our delivery of services to benefit our

clients. Quoting Jesse Robredo, ‘A public servant is

like a candle, it consumes itself for the sake of

others.’ ”

CPDC and Ex-Mayor Alexander T. Pimentel

Tandag City, March 25, 2015.

“[The CSIS is a] good and effective tool to enhance

our services to our constituents, to track if they are

really satisfied. There are a lot of things [for us] to

improve, as we’ve seen. We are thankful [for] this tool

since this is all for the development. We signed this

pledge of commitment aron matagbaw ang atong

lumulupyo sa taga Bayugan.”

Vice Mayor Charles Anggayong

Bayugan City, March 25, 2015

Caraga State University (CSU), Father Saturnino Uri-

os University (FSUU), Philippine Normal University—

Mindanao Campus (PNU) and Surigao del Sur State Uni-

versity (SDSUU) presented the findings of the Citizen Sat-

isfaction Index System (CSIS) for Cabadbaran City, Bu-

tuan City, Bayugan City and Tandag City, respectively,

throughout the month of March, this year.

The CSIS is a survey instrument designed to collect

and generate relevant citizens’ feedback on local govern-

ments’ service delivery performance, in terms of citizens’

awareness and availment, as well as their general satis-

faction. It looks into the LGUs’ performance in the areas

of health services, support to education, social services,

infrastructure, governance, agriculture, environmental

management and tourism promotion.

The CSIS was developed by the Bureau of Local Gov-

ernment Supervision (BLGS) of the Department of the

Interior and Local Government, and facilitated by the dif-

ferent DILG Regional Offices, tapping Local Resource

Institutes (LRIs) to administer the tool to all cities across

the country, from 2013-2015.

In 2013, the CSIS was conducted in Bislig City and

Surigao City by PNU-Mindanao Campus and Saint Paul Universi-

ty—Surigao, respectively. And throughout October of 2014, these

four (4) LRIs conducted the CSIS for the remaining cities in Cara-

ga Region.

Completed in 2015, the Citizen Satisfaction Reports were

generated and presented to the LGUs during a series of Utiliza-

tion Conferences to determine the level of appreciation of stake-

holders on and encourage the utilization of the CSIS data in com-

ing up with strategies and necessary interventions to improve

delivery of services.

The Utilization Conference was first held for Butuan City on

March 17 at the Butuan City Hall, then in Tandag City at the Sea-

son’s Park Inn on March 19, then in Bayugan City at the Bayugan

City Hall on March 25, and lastly in Cabadbaran City on March 27

at the People’s Government Center, Cabadbaran City.

Local officials, functionaries responsible for the deli very of

the eight (8) service areas assessed, representatives of the Civil

Society Organizations (CSOs) and other stakeholders were invit-

ed during the utilization conferences.

“This can be used in for evidenced-based planning. we are happy that we have this. Now we know where we can improve that will make

our constituents more satisfied. We can use this to support or back up program proposals for programs that are relevant to the people.”

Engr. Antenedo E. Milloren

Butuan City, March 17, 2015

Page 7: Timon 1st Quarter 2015

7

MSAC members with CSOs from Butuan Evangelical Ministers Association (BEMA),

Save Mindanao Volunteers Incorporated (SMVI), Sibog Katawhan Alang sa Paglam-

bo (SIKAP), PhilGrassroots-ERDF, Philippine Disaster Risk Reduction Network

(PDRRN), and the Philippine Red Cross.

DILG 13 Engages CSOs for

Disaster Risk Reduction By : LGOO V Marilou Autor – Salado

BUTUAN CITY – The Department of

the Interior and Local Government –

Caraga Region (DILG 13) initiated a

collaborative meeting of its Multi-

Stakeholders Advisory Council

(MSAC) members and Civil Society

Organizations concerned on DRR/

CCA activities last March 20, 2015 at

Almont City Hotel, this city.

The MSAC is the advisory body

of DILG’s Local Governance Regional

Resource Center (LGRRC)—its

knowledge hub on local governance

and special thematic areas. It is com-

posed of National Government Agen-

cies, Non-Government Organizations

and academic institutions and is dy-

namically extending its network for

collaborators and partners in develop-

ment work in the field of local govern-

ance.

With the stalwart support of Di-

rector Lilibeth A. Famacion, the meet-

ing was initiated through the DILG 13

- LGRRC as a pro-active strategy to

continually improve its services

through expansion of its network and

linkages, particularly with members of

the Multi-Stakeholders Advisory

Council (MSAC) and stakeholders

from the Civil Society Organizations

that are concerned on Disaster Risk

Reduction and Management.

It was intended to fill the current

need for a unified action to mitigate, pre-

pare and respond to natural calamities,

which is apparent in the increase of DRR-

related priority projects identified by the

grassroots community from all 73 cities

and municipalities of the region under the

Bottom-up Budgeting (BuB) program.

A year prior, LGRRC-13 initiated an

interface meeting with the MSAC mem-

bers and various CSOs last September

2014. The DRR interventions provided by

the CSOs to the Local Government Units

in Region XIII were mapped out during

that meeting.

The resulting collaborative efforts for

DRR-CCA are hoped to be propelled by

various strategies agreed during the

meeting, i.e. (1) the creation of a TWG to

come up a Regional Climate Condition

based on Scientific-Based information

that will serve as DRR database for all

planning activities in the region was

agreed; (2) harmonization of training

modules on community-based DRRM; (3)

partnerships for the DILG’s Seal of Good

Local Government (SGLG) Assessment,

particularly on the Seal of Disaster Pre-

paredness component; and (4) partner-

ships with the Department of Science and

Technology (DOST) and the Philippine

Red Cross for technical advice on the

standards of DRR-related equipment,

including maintenance and utilization.

BARANGAY ASSEMBLY DAY

Proclamation No. 260 dated

September 30, 2011 amended Proclamation No. 342 series of 2003 and declared the last Sat-urday of March and the second Sunday of October of every year as Barangay Assembly Days. This mandate is in accordance with Sections 397 and 398 of Republic Act 7160 otherwise known as the Local Government Code (LGC) of 1991 which re-quire the barangay assembly to meet twice a year, to hear and discuss the semestral report of the Sangguniang Barangay con-cerning its activit ies and f inanc-es as well as problems affecting the barangay.

The insti tut ionalization of

barangay assembly day nation-wide is one of the major compo-nent programs of the Biyaheng Pinoy: Tapat na Palakad Bayang Maunlad launched on October 10, 2010 by the Department of the Interior and Local Govern-ment (DILG). With this, the De-partment continues to establish mechanisms that help in strengthening the compliance of LGUs to such codal provisions. The conduct of regular monitor-ing as well as part icipation to barangay assemblies are one of these mechanisms.

Per DILG Memorandum Cir-

cular No. 2015 -24 dated March 5, 2013 and in consonance with Proclamation No. 260 the Syn-chronized Barangay Assembly Day for the First Semester of this year was scheduled on March 28, 2015 with the theme “ Isaalang -alang ang Ka-pakanan ng Inyong Barangay Aktibong Makiisa sa Asembli-ya!”.

PB Gilberto Enriquez addressing his constituents during the March 28, 2015 barangay assembly in Brgy. Doongan, Butuan City, together with the Barangay Coun-cil, DILG XIII RD Lilibeth Famacion, OIC-ARD Donald Seronay and DILG Butuan City Director Romeo Solis.

Page 8: Timon 1st Quarter 2015

Editorial Board

LILIBETH A. FAMACION, CESO IV

Regional Director

DONALD A. SERONAY

OIC-Asst. Regional Director/CAD

Members:

PD Romeo A. Solis

PD Arleen Ann R. Sanchez

PD Pedrito P. Alacaba

PD Domingo E. Bulabog

PD John Reyl L. Mosquito

Don Manuelo O. Patrimonio, LGOO II

Issue Editor

Advisers:

Lucia B. Garrido, SAO

Ray Gregory F. Jaranilla, LGMED Chief

Charissa T. Guerta, LGCDD Chief

Contributors:

Lolita H. Savaria, DILG RO

Bryan F. Edulzura, DILG RO

Atty. Allen M. Gasulas, DILG RO

Marilou Autor-Salado, DILG RO

Jason Ryan R. Lam, DILG RO

Published by:

DILG Region XIII

————————————————-

CONNECT WITH US

[email protected]

Dilg Caraga

@DILGCaraga

We accept any and all queries,

comments, suggestions and

article or photo contributions that

we might just publish!

BY ATTY IV ALLEN M. GASULAS

LEGAL OPINION FOR FACT AND QUERRIES IN PAGE 1

OPINION (RLO 2015-005):

1. No. The Decision states that it be imple-

mented within ten (10) days from receipt.

Since it was received on March 12, 2015, it

shall be implemented until March 22,

2015. April 1, 2015 appears to be way be-

yond the prescribed period.

2. Yes. Section 15 (3) of R.A. 6770 or the

Ombudsman Act of 1989 states:

Section 15. Powers, Functions and Du-

ties. — The Office of the Ombudsman

shall have the following powers, func-

tions and duties:

(3) Direct the officer concerned to

take appropriate action against a

public officer or employee at fault or

who neglect to perform an act or

discharge a duty required by law,

and recommend his removal, suspen-

sion, demotion, fine, censure, or

prosecution, and ensure compliance

therewith; or enforce its disciplinary

authority as provided in Section 21

of this Act: provided, that the refusal

by any officer without just cause to

comply with an order of the Om-

budsman to remove, suspend, de-

mote, fine, censure, or prosecute an

officer or employee who is at fault or

who neglects to perform an act or

discharge a duty required by law

shall be a ground for disciplinary

action against said officer; (Emphasis

ours)

Also, Sections 3 (e) and 9 of R.A. 3019 of

the Anti-Graft and Corrupt Practices Act:

Section 15. Powers, Functions and Du-

ties. — The Office of the Ombudsman shall

have the following powers, functions and

duties:

(3) Direct the officer concerned to take

appropriate action against a public of-

ficer or employee at fault or who neglect

to perform an act or discharge a duty

required by law, and recommend his

removal, suspension, demotion, fine,

censure, or prosecution, and ensure

compliance therewith; or enforce its

disciplinary authority as provided in

Section 21 of this Act: provided, that

the refusal by any officer without

just cause to comply with an order

of the Ombudsman to remove, sus-

pend, demote, fine, censure, or pros-

ecute an officer or employee who is

at fault or who neglects to perform

an act or discharge a duty required

by law shall be a ground for discipli-

nary action against said officer;

(Emphasis ours)

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall consti-tute corrupt practices of any public of-ficer and are hereby declared to be un-lawful:

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwar-ranted benefits, advantage or prefer-ence in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negli-gence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than one year nor more than ten years, perpetual dis-qualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.

xxx

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thou-sand pesos, or by imprisonment not ex-ceeding one year, or by both such fine and imprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prose-cution is instituted against him.