SE Republic of the Philippines Province of Camarines Sur ey Municipality of Camaligan OFFICE OF THE SANGGUNIANG BAYAN EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF CAMALIGAN, CAMARINES SUR HELD AT SB HALL, CAMALIGAN, CAMARINES SUR ON JULY 26, 2021 PRESENT: Hon. Diano SI. bardaloza Ir = Municipal Vice-Mayor, Presiding Officer Hon. Felix N. Prado - Municipal Councilor, Member Hon. Jonathan A. Azutillo = Municipal Councilor, Member Hon. Rodelio DL. Punzalan - Municipal Councilor, Member Hon. Nathaniel F. Capucao = Municipal Councilor, Member Hon. Sheila A. Morico ~ Municipal Councilor, Member Hon. Josefina N. Asor - Municipal Councilor, Member Hon. Dionely J. Dematera ~ Municipal Councilor, Member Hon. George A. Rabina - Municipal Councilor, Member Hon. Loretta A. Acabado ~ LNB President, Ex-Officio Member Hon. John Paul Q Mendina - SKF President, Ex-Officio Member MUNICIPAL ORDINANCE NO. 047 Series of 2021 Sponsor: LNB President Loretta A. Acabado Co-Sponssor: Councilor Nathaniel F. Capucao ‘AN ORDINANCE GRANTING SERVICE BENEFITS/ INCENTIVES TO ALL. PUNONG BARANGAY AND BARANGAY KAGAWAD IN CAMALIGAN, CAMARINES SUR WHO HAD RENDERED THREE (3) CONSECUTIVE, ‘TERMS OF OFFICE AND PRESCRIBING GUIDELINES THEREOF \_ WHEREAS, the benefits granted to Barangay officials under the Local Government Code of 1991 are very minimal compared to the overwhelming tasks they have to perform under existing laws particularly in the area of peace and order and community relations, despite the limited resources made available to them; WHEREAS, Barangay Officials are the front liners in giving efficient and effective service to their Barangays; WHEREAS, Section 458 (a) of the Local Government Code of 1991 provides that the Sangguniang Bayan shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of the same Code; SOK, Pip G hatsWHEREAS, the Barangay Officials who had rendered service for three (3) consecutive terms are hereby given gratuity in recognition of their services rendered to the Municipality in addition to what is provided for under the law; NOW THEREFORE, on motion of LNB President Loretta A. Acabado and duly seconded by all the members present:- BE IT ENACTED BY THE SANGGUNIANG BAYAN OF CAMALIGAN, CAMARINES ‘SUR IN REGULAR SESSION ASSEMBLED THA. Section 1. TITLE. This Ordinance shall be known a5 “An Ordinance Conferring a Distinguished Award fo a Three-Termer Barangay Official”. mn 2. SCOPE OF AWARD. All Barangay Officials who had served three (3) ‘consecutive terms as a Punong Barangay or a Barangay Kagawad beginning 2010 are hereby granted a “Distinguished Punong Barangay Award” or a “Distinguished Barangay Kagawad Award”. Only the Punong Barangay or Barangay Kagawad who has not been declared guilty by final judgement in any administrative or criminal case in relation to his/her office wherein the judgement includes the forfeiture of all benefits of his/her position or by any goverment agency, quasi-judicial body or court of justice at any time during. hishher term of office shall be entitled to the benefits provided under this ordinance. Section 3, DEFINITION OF TERMS. The terms hereunder shall be construed as follows: Barangay Official ~ shall refer to a Punong Barangay or a Barangay Kagawad who acquired the position ether thn election or appointment by the rule of succession; Distinguished Barangay Kagawad ~ shall refer to the Barangay Kagawad who had served the same barangay for three consecutive terms for the same position, or for, at Teast, two terms as Barangay Kagawad of said three consecutive terms as a barangay official; Distinguished Punong Barangay — shall refer to the Punong Barangay who had served the same barangay for three consecutive terms for the same position, or for, at least, two terms as Punong Barangay of sai three consecutive temis as a barangay official; ‘Three Consecutive Terms ~ shall refer to the period served by the Barangay Official which is composed of three continuous terms of service, usually a total of nine (9) years considering each term as composed of three (3) years, unless a term/s is/are ‘extended by virtue of law, Section 4. AWARD, The “Distinguished Punong Barangay and Barangay Kagawad Award” shall consist of the following; a) A Plaque of Appreciation for both the “Distinguished Punong Barangay” and “Distinguished Barangay Kagawad”; 18 old Apb) A Cash Reward of Ten Thousand Pesos (Php 10,000.00) for the “Distinguished Punong Barangay” and Five Thousand Pesos (5,000.00) for the “Distinguished Barangay Kagawad”” ‘At the end of the Barangay Officials’ third term, the Award for the “Distinguished Punong Barangay” and/or “Distinguished Barangay Kagawad” shall be handed by the ‘Municipal Mayor to the Recipients atthe Municipal Hall Flag Raising Ceremony. Section 5. VACANCIES AND SUCCESSIONS. In cases where the highest-ranking Barangay Kagawad shall succeed the position of the Punong Barangay by virtue of cperation of aw under title two, Chapter 2 of the Local Government Code of 1991 on ‘vacancies and successions, on his/her third (3") term as Barangay Kagawad, the latter shall receive the same plaque of appreciation and/or cash award for the position he/she was last elected Section 6. TWO-TERM RULE. In the event a Barangay Official who was elected for three consecutive terms, but in two terms of which he/she was a Punong Barangay, he/she will be awarded as a “Distinguished Punong Barangay”. In the same way, a Barangay Official who was elected for three consecutive terms, but in two terms of which he/she was a Barangay Kagawad, he/she will be awarded as a “Distinguished Barangay Kagawad” Section 7. POSTHUMOUS AWARD. In the event that during the third term of the elected barangay official he/she dies, he/she shall still have the award to be received posthumously by his/her heirs; Section 8. FUNDING. The Local Government of Camaligan shall allocate funds for the “Distinguished Punong Barangay and Barangay Kagawad Award”, Section 9. DOCUMENTARY REQUIREMENT. The Barangay Council shall submit to the office of the Municipal Mayor the list of qualified barangay official/s entitled to the benefits provided under this ordinance, one (1) month after the assumption of office of the newly elected barangay official's, and a certification from the DILG and COMELEC thatthe listed barangay official/s is‘are, indeed, a three-termer!s. Section 10, SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this ordinance is held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue tobe in full force and effect Section 11. REPEALING CLAUSE. ~ All ordinances, rules, orders and regulations or parts thereof which are in conflict or inconsistent with the provisions of the ordinance are hereby repealed or modified accordingly. Section 12. EFFECTIVITY. This ordinance shall take effect immediately upon approval ‘and will be posted in all barangay halls within the Municipality of Camaligan, Camarines Sur. ~~ July 26, 2021. BPhgy #4 eG paarWE HEREBY CERTIFY to the correctness and “gare 1 foregoin soy me Se bor SAN BUENAVE! Secretary to the Sangguniang Bayan FELIX N. PRADO sonapifagha. AZUTILLO ‘Municipal Councilor Municf “ih a Nathnul 4 (40 DL PUNZALAN /ATHANIEL F. GAPUCAO Municifal Councilor Municipal Gof)ncilot i il SHI ‘MORICO JOSEFINA/N. ASOR ouncilor Municipal Councilor a DIONE J. DEMATERA GEOR BINA Municipal Councilor Munici incilor vieeraa too Liga ng mga Barangay President Attested by:Republic of the Philippines Province of Camarines Sur Municipality of Camaligan Sto. Domingo, Camaligan, Camarines Sur OFFICE OF THE SANGGUNIANG BAYAN ATTENDANCE PUBLIC HEARING of Committee on Laws and Rules Dated: JULY 15, 2021 1:00PM Name Designation Address. Signature ‘Coun. NATHANIEL F. CAPUCAO ‘Chairman AT Coun. JOSEFINA A. ASOR Vice-Chairman AW ‘Coun. GEORGE A. RABINA Member q Coun. SHIELA A. MORICO Member = ow Coun. DIONELY J. DEMATERA Member : J INB Pres. LORETTA. ACABADO__| Member GUESTS: Ms. Eden G. Torallo Punong Barangay _| Bay-San Francisco ‘Mr. Rolando P. Marasigan Punong Barangay | Bgy. San Roque Ms. Delia B. Mansor Bay. Marupit ‘Ms. Susan Agna Punong Barangay Bgy. San Marcos Ms. Ma. Teresa A. Ruiz Punong Barangay | Bgy. Sto. Domingo 5 Ms. Cyril. Agomaa Punong Baranga Bay. San Lucas Mr. Emeterio M. Avila Punong Barangay. Bgy. San Juan-San Rapton Ty [[Ms. Ma. Jasmin Trinidad Punong Barangay Bay. Sto. Tomas f Ms. Eden B.Bon Punong Barangay | Bgy. San Jose-San Pablo Mr. Carlos Mariscal, Jr. Punong Barangay Bay. San Mateo Z Mr. Rodelio A. Punzalan, Jr. O1C-Punong Barangay _| Bey. Dugcal 4 Mr. Servando Sta. Ana Punong Barangay Bey. Sua MMs. Nerissa M. Manamitam MSWDO Gud Ms. France G. Belza (OSCA Head Ms. Connie M. Samson ‘CPWDF President E | Mr. Esmeraldo A. Acabado Aesencher/consont - (aty Les Ve cea. Nel [iy Yeotfe B= Volta 6 pailede "ee se flucRepublic ofthe Philipines Province of Comarines Sut Municipality of Camaligan Sto, Domingo, Camaligan, Camarines Sur OFFICE OF THE SANGGUNIANG BAYAN PUBLIC HEARING OF COMMITTEE ON LAWS & RULES COMMITTEE REPORT NO, __ SERIES OF 2021 PRESENT: > Coun, NATHANIEL F,CAPUCAO — ~ Chairperson > Coun, JOSEFINA N. ASOR ~ Vice-Chairperson > Coun. DIONELY J. DEMATERA — — Member > Coun, SHIELA A. MORICO Member > LnBPres. LORETTA A. ACABADO —- Member cuests: > PB Rolando P. Marasigan ~ Bgy. San Roque > PB Delia B. Mansor ~ Bey. Marupit PB Susan Agna - Bgy. San Marcos PB Ma, Teresa A. Ruiz.—Bgy. Sto, Domingo PB Emeterio M. Avila ~San Juan-San Ramon PB Ma. Jasmin Trinidad ~ Bey. Sto. Tomas PD Eden B. Bon — Bay. San Jose-San Pablo PB Carlos Mariscal, Jr. ~ Bgy. San Mateo PB Servando Sta. Ana —Bgy. Sua PB Eden G, Torallo ~ Bgy. San Francisco (Rep: Bgy. Treas. Marvic Lamtecson) PB Cyril O, Agomaa— Bgy. San Lucas OIC-PB Rodelio A. Punzalan, Jr. ~ Bey. Dugcal Aity. Lea V. Cea, MBO Ms, Nerissa M, Mantamtam, MSWDO Ms, France G. Belza, OSCA Head Ms. Connie M. Samson, CPWDF President Ms, Violeta G. Ballester, CSCF President t Coun. GEORGE A. RABINA, Member ByyvyvyvvvvVVVVYY Ask Minutes of the Public Hearing conducted by the Committee on Laws & Rules on July 15, 2021, at Sangguniang Bayan Session Hall, Quorum present? Yes ‘The mecting was called to order by the Chairperson at :50 p.m. After a short prayer, the roll call of Committee members and Guests, and the reading of Agenda followed simultaneously, Agenda:1. AN ORDINANCE GRANTING SERVICE BENEFITS) INCENTIVES TO ALL PUNONG BARANGAY AND BARANGAY KAGAWAD IN (CAMALIGAN, CAMARINES SUR WHO HAD RENDERED THREE (3) CONSECUTIVE TERMS OF OFFICE AND PRESCRIBING GUIDELINES THEREOF DELIBERATION/DISCUSSION: ‘The Chaisperson gave the floor to LNB Pres. Acabado to facilitate the review and discussion of the Ordinance she authored. ‘The Body found the Ordinance fine in form amidst the certain issmes that were raised and answered in the process. To wit 1, Using of the word “Distinguished” > Coun. Asor asked if the word “distinguished” i fit to be used to describe the award and if the Barangay Officials three-term achievement be enough to measure the quality of service he/she rendered to the community that it would deserve the word “distinguished. She proposed if the ‘word “loyalty” would be fine. > PB Sta. Ana of Bay. Sua reacted that being elected for three consecutive terms is itself a distinguished achievement of a barangay official. He added that one cannot reach that far of bing re-elected twice if higher performance as a publie servant is bad or of poor quality LNB Pres. Acabado just asked the invited PBs to pick their choice of word to use. The latter siill chose the word “distinguished” which Coun. Asor respected, ““Self-serving” Implication Coun. Asor expressed apprehension that since the author herself will benefit from the Ordinance since she isa three-termer, the Ordinance will appear self-serving, > Atty. Cea added that since the award will involve a monetary reward, the Ordinance appears slightly to be self-serving. > Coun, Morico shared her happy feeling when she herself experienced being an awardee then as 4 three-termer municipal councilor. She added that even if she received only a plaque of ‘appreciation without any attached monetary reward, she felt great about the award, > LNB Pres. Acabado explained that she asked the former president ofthe Ligang mga Barangay before to author an ordinance that would motivate barangay officals to do their job well and be role models to their constituents. Apparently, it did not materialize, thus she is not letting her term as LNB President pass without having passed said ordinance which she believes will rot only benefit her but even the present and future barangay officials in the long term. As to the involved monetary reward, she claimed that it would still be up to the SB en banc for approval should the funds be available, thus there is no harm in trying 3. Legal basis of the Ordinance Atty, Cea told the Body that she respects the wisdom of the SB members when it comes to the Ordinances they create However, since she finds LNB Pres. Acabado’s Ordinance to be slightly self-gratifying due to the monetary benefits involved, Atty. Cea suggested that some legal basis be established to support further the Ordinance. > Coun. Dematera shared her experience when she was also awarded by UNC for her 25% year ‘of service with a plaque of recognition only. She supported Atty. Cea’s points by encouraging, ‘also the author to look for legal basis of the Ordinance, > LNB Pres, Acabado told the Body that Coun. Capucao, who co-authored the Ordinance, has a legal basis for its creation. > Coun, Capucao showed to Atty, Lea the letter of reply dated 22 January 2009 of DILG Undersecretary Austere A. Panadero regarding the query of Mr. Jorge L. Duron, Interim President of Bay, Captains Alumni Association, Inc. of Iloilo City, asking, “Is there a law prohibiting the Local Government Unit through its Sanggunian to enact an Ordinance Conferring a Distinguished Public Service Award with monetary benefits within their Area of Jurisdiction invoking the essence of Local Autonomy?” v ve> The gist ofthe reply is: “.. we find the power of the Sangguniang Panlungsod under Section 438 (a) ofthe Local Government Code of 1991 to enact ordinances and appropriate funds for the general welfare of the city and its inhabitants pursuant 10 Section 16 of the Code as a sufficient basis for the conferment ofthe award and grant of the aforesaid monetary benefits Tet it be noted that general welfare or public purpase is not unconstiturional merely because it incidentally benefis a limited number of persons (Binay vs. Domingo G.R. No. 92389, ‘Seplember 11, 1991: COA Decision No, 94-222 August I, 1994), suclas the herein barangay officials who have been elected for thee (3) consecutive terms. > Atty. Cea, ater having fully read the document, gave the Ordinance a nod of approval, ‘The Chaisperson, sensing no further queries, requested for a motion to approve the Ordinance’s clevation to $B en bane for final approval, Coun, Asor did the motion and was seconded by Councilors Dematera and Marico, The proposed Ordinance will now appear as presented below. To wit AN ORDINANCE GRANTING SERVICE BENEFITS/ INCENTIVES TO ALL PUNONG BARANGAY AND BARANGAY KAGAWAD IN CAMALIGAN, CAMARINES SUR WHO HAD RENDERED THREE (3) CONSECUTIVE TERMS OF OFFICE AND PRESCRIBING GUIDELINES THEREOF WHEREAS, the benefits granted to Barangay officials under the Local Government Code of 1991 are very minimal compared to the overwhelming tasks they have to perform under existing laws particularly in the area of peace and order and community relations, despite the limited resources made available to them; WHEREAS, Barangay Officials are the front liners in giving efficient and effective service to their Barangays; WHEREAS, Section 458 (a) of the Local Government Code of 1991 provides that the Sangguniang Bayan shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of the same Code; WHEREAS, the Barangay Officials who had rendered service for three (3) consecutive terms are hereby given gratuity in recognition of their services rendered to the Municipality in addition to what is provided for under the law; NOW THEREFORE, on motion of LNB President Loretta A. Acabado and duly seconded by Mun, Coun, Nathaniel F. Capucao, BE IT ENACTED BY THE SANGGUNIANG BAYAN OF CAMALIGAN, CAMARINES SUR IN REGULAR ‘SESSION ASSEMBLED THAT: Section 1. TITLE. This Ordinance shall be known as “An O1 Distinguished Award to a Three-Termer Barangay Official”. Section 2. SCOPE OF AWARD. All Barangay Officials who had served three (3) ‘consecutive terms as a Punong Barangay or a Barangay Kagawad beginning 2010 are hereby granted a “Distinguished Punong Barangay Award” or a “Distinguished Barangay Kagawad Award”. mice Conferring a Only the Punong Barangay or Barangay Kagawad who has not been declared guilty by final judgement in any administrative or criminal case in relation to his/her office wherein the judgement includes the forfeiture of all benefits of his/her position or byany goverment agency, quasi-judicial body or court of justice at any time during his/her term of office shall be entitled to the benefits provided under this ordinance, Section 3, DEFINITION OF TERMS. The terms hereunder shall be construed as follows: Barangay Official — shall refer to a Punong Barangay or a Barangay Kagawad who acquired the position either thru election or appointment by the rule of succession; Distinguished Barangay Kagawad ~ shall refer to the Barangay Kagawad who had served the same barangay for three consecutive terms for the same position, or for, at least, two terms as Barangay Kagawad of said three consecutive terms as a barangay official; Distinguished Punong Barangay — shall refer to the Punong Barangay who had served ‘the same barangay for three consecutive terms for the same position, or for, atleast, ‘two terms as Punong Barangay of said three consecutive terms as a barangay official, ‘Three Consecutive Terms ~ shall refer to the period served by the Barangay Official which is composed of three continuous terms of service, usually a total of nine (9) ‘years considering each term as composed of three (3) years, unless a term/s is/are extended by virtue of law. Section 4, AWARD. The “Distinguished Punong Barangay and Barangay Kagawad Award” shall consist of the following; 8) A Plaque of Appreciation for both the “Distinguished Punong Barangay” and “Distinguished Barangay Kagawad”; b) A Cash Reward of Ten Thousand Pesos (Php 10,000.00) for the “Distinguished Punong Barangay” and Five Thousand Pesos (5,000.00) for the “Distinguished Barangay Kagawad”. ‘At the end of the Barangay Officials’ third term, the Award for the “Distinguished Punong Barangay” and/or “Distinguished Barangay Kagawad” shall be handed by the Municipal Mayor to the Recipient/s at the Municipal Hall Flag Raising Ceremony. Section 5. VACANCIES AND SUCCESSIONS. In cases where the highest-ranking Barangay Kagawad shall succeed the position of the Punong Barangay by virtue of ‘operation of law under tile two, Chapter 2 of the Local Government Code of 1991 on vacancies and successions, on his/her third (3°) term as Barangay Kagawad, the latter shall receive the same plaque of appreciation and/or cash award for the position he/she was last elected. Section 6, TWO-TERM RULE. In the event a Barangay Official who was elected for three ‘consecutive terms, but in two terms of which he/she was a Punong Barangay, he/she will be awarded as a “Distinguished Punong Barangay”. In the same way, a Barangay Official who was elected for three consecutive terms, but in two terms of which he/she was a Barangay Kagawad, he/she will be awarded as a “Distinguished Barangay Kagawad” Seetion 7. POSTHUMOUS AWARD. In the event that during the third term of the elected barangay official he/she dies, he/she shall still have the award to be received posthumously by hisvher heirs;Section 8. FUNDING. The Local Government of Camaligan shall allocate funds for the “Distinguished Punong Barangay and Barangay Kagawad Award”. Section 9. DOCUMENTARY REQUIREMENT. The Barangay Council shall submit to the office of the Municipal Mayor the list of qualified barangay official/s entitled to the benefits provided under this ordinance, one (1) month after the assumption of office of the newly clected barangay official/s, and a certification from the DILG and ‘COMELEC that the listed barangay officials is/are, indeed, a three-termer's Section 10, SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this ordinance is held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. Section 11. REPEALING CLAUSE. ~ All ordinances, rules, orders and regulations or parts thereof which are in conflict or inconsistent with the provisions of the ordinance are hereby repealed or modified accordingly. Section 12. EFFECTIVITY. This ordinance shall take effect immediately upon approval and will be posted in all barangay halls within the Municipality of Camaligan, Camarines Sur. DISPOSITIONS: 1. To seek the final approval of SB en banc for this Ordinance. 2. To seek the approval of SB en banc for this Committee Report. Given no other related matters to tackle, Coun. Morico motioned to adjourn the hearing, The Body seconded the move. The hearing then adjourned at exactly 3: 30 p.m. wu. NATHANIELE.CAPUCAO Coun Gyan. ASOR pie ie carsase 7 c : CE on fe A. ndRICO come oy 3, DEMATERA ber Member ‘Coun. GEA A. RABINA. LNB Pres. ‘A A. ACABADO a ‘Member