ORDINANCE NO. SERIES OF 2013

Transcription

1 Draft Ordinance SPPO NO. WHEREAS, Section 34, Book I, Title I of Republic Act Numbered Seventy One Hundred and Sixty (RA 7160), otherwise known as The Local Government Code of 1991, enjoins local government units to promote the establishment of peoples organizations (POs) and nongovernment organizations (NGOs) to become active partners thereof in the pursuit of local autonomy; WHEREAS, Section 35, Book I, Title I of the same RA 7160 also authorizes LGUs to enter into joint ventures and such other cooperative arrangements with POs and NGOs to engage in the delivery of certain basic services, capability building and livelihood projects, develop local enterprises designed to improve productivity and income, enhance the economic and social well being of the people, among others; WHEREAS, Section 36, Book I, Title I of the same RA 7160 further authorizes LGUs, through their respective local chief executives and with the concurrence of the Sanggunian concerned, to provide assistance, financial or otherwise, to such POs and NGOs for economic, socially oriented, environmental, or cultural projects to be implemented within its territorial respective jurisdictions; WHEREAS, Memorandum Circular issued by the Department of the Interior and Local Government (DILG) on August 04, 2010, while reiterating the applicable provisions of the Local Government Code of 1991 and its Implementing Rules and Regulations, has provided such other clarificatory guidelines relative to the accreditation of POs, NGOs, and other organized groups in the selection of their representatives to Local Special Bodies; WHEREAS, this Sanggunian deems necessary in the pursuit of local autonomy the acknowledgment of established Purok or Sitio as institutionalized POs to formalize and further galvanize whatever subsisting partnerships or other practical or customary relations which have been going on between the LGU, the barangay, other government agencies, NGOs, and these socioeconomic entities; NOW, THEREFORE, on motion of City Councilor Franklin M. Gacal Jr., duly seconded by City Councilor(s), be it RESOLVED, as it is hereby resolved, to enact this Ordinance: ORDINANCE NO. SERIES OF 2013 AN ORDINANCE ACKNOWLEDGING THE VARIOUS ESTABLISHED PUROKS OR SITIOS IN THE CITY OF GENERAL SANTOS AS INSTITUTIONALIZED PEOPLES ORGANIZATIONS, DEFINING THE EXTENT AND LIMITS OF ITS POWERS AND FUNCTIONS AS SUCH, FIXING A UNIFORM TERM OF OFFICE FOR PUROK OR SITIO OFFICIALS INCLUDING THEIR DUTIES AND RESPONSIBILITIES AND FOR OTHER PURPOSES HON. SHIRLYN L. BAÑAS NOGRALES AUTHOR HON. FRANKLIN M. GACAL JR. CO AUTHOR & PRINCIPAL SPONSOR PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 1 OF 10

2 Be it ordained by this Sangguniang Panlungsod that: ARTICLE I GENERAL PROVISIONS Section 1. Short Title. This Ordinance shall be known as The Purok Empowerment Ordinance of the City of General Santos. Section 2. Definition of Terms. For the purposes of this Ordinance, the following terms shall be understood to mean as follows: a. Barangay shall refer to the smallest political unit used in governance which serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized, and considered, and where disputes may be amicably settled. b. Bayanihan shall refer to the spontaneous tendency unique among Filipinos to extend labor and other forms of practical assistance without any remuneration or compensation to a person, family, clan, sect, or any group of people in need of such labor assistance which, in the Visayan vernacular, is also called Dagyaw. c. Institutionalize shall mean the process of conferring to the Purok or Sitio the personality of a People s Organization (PO), therefore, making the organization become entitled to the benefits available thereto, within the ambit of the provisions of RA 7160, its Implementing Rules and Regulations, rules and regulations of the DILG, and such other applicable laws, rules and regulations. d. Peoples Organization (PO) shall refer to such groups of people with an identifiable leadership structure and membership outside of government, except for religious groups, who are organized for the attainment of some legitimate aspirations or established to promote the public interest, e.g., labor unions, peasant groups cooperatives, and such other similar organizations of people which may either be profit oriented or nonprofitoriented which fall under the category of civil society organizations as classified under DILG Memorandum Circular No , dated 04 August e. Police Power shall refer to the basic power inherent in the Government to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the people, and which enables the State to prohibit all that is hurtful to the comfort, safety, or welfare of the society. f. Purok or Sitio shall refer to the community of households found within the barangays, which has been in existence thereat for quite a long period PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 2 OF 10

3 of time already, having its own set of officers and members including such rules or by laws to govern its organization as such, and organized for purposes relative to maintaining peace and order, or beautification of the community, or such other purposes relative to the promotion of public interest or the general welfare, however, in manners which do not, in any way or at any given time, involve the exercise of Police Power or anything exclusive only to the Government or its agencies to execute. Section 3. Policy Statement. Consistent with Sections 34, 35, and 36, Title I, Book I of Republic Act Numbered Seventy One Hundred and Sixty (RA 7160), otherwise known as The Local Government Code of 1991, this Sanggunian, in its pursuit of acknowledging the various established Puroks or Sitios in the City of General Santos City as institutionalized Peoples Organizations (POs), hereby adheres to the following policies, to wit: a. That the city s Local Government Unit shall commit to respect the existence and operation of the Purok or Sitio as an independent nonpartisan community of people whose organization as such is outside of government control: Except, on certain cases wherein government intervention may be deemed appropriate or necessary in the interest of promoting public service or the general welfare,. b. That the city s Local Government Unit shall commit to enable the Purok or Sitio become empowered partners of the government and nongovernment organizations (NGOs) towards full development through such means that support these POs to develop into a self sufficient organization of people. c. That the city s Local Government Unit shall commit to pursue the recognition and institutionalization of the Purok or Sitio as POs within the ambit of the pertinent provisions RA 7160, its Implementing Rules and Regulations, the applicable rules and regulations of the Department of the Interior and Local Government (DILG), and such other related laws, rules, and regulations. d. That the institutionalization of the Purok or Sitio shall cause to delineate its role as People s Organization (PO) established merely to promote socioeconomic activities as distinguished from the barangay, which is being recognized by law as the smallest political entity used for governance either as a primary planning and implementing unit, or as forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled. e. That the institutionalization of the Purok or Sitio shall, by no means, be used as an instrument of any sort of partisan politics, or facilitate to directly or indirectly cater, at any given period of time, to the processes or interests of any sort of partisan politics through the individual or concerted actions of Purok or Sitio officers. f. That the institutionalization of the Purok or Sitio shall be for the chief purpose of enabling the organization to independently carry out its powers and functions as such, and to efficiently and effectively assist the PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 3 OF 10

4 LGU, the barangay, and other government agencies towards achieving their respective goals. g. That the institutionalization of the Purok or Sitio shall, under no circumstances or period of time, cause to confer upon this People s Organization (PO) Police Power or any semblance thereof. Section 4. Powers and Functions of Institutionalized Purok or Sitio. The following are the powers and functions that an institutionalized Purok or Sitio may exercise in its relations with the city s LGU, the barangay, other government agencies, or any other concerned NGOs, to wit: a. To promulgate, alter, or modify its own set of by laws thereby defining the organization s nature, e.g., procedures of membership, qualification or disqualification of officers and members, manner of election of officers, administrative policies, rules of procedures, and such other necessary rules or guidelines to govern its existence as such: Except, to duties and responsibilities of its officers, their term of office, the schedule of Purok or Sitio election, and such other aspects which are deemed to be contrary to intents and purposes of this Ordinance, the law, public interest, morals, good customs or public policy. b. To seek representation with Local Special bodies, i.e., the Local Development Council, the Local Health Board, the Local School Board, or the Local Peace and Order Council, subject to the pertinent provisions of RA 7160, Its Implementing Rules and Regulations, rules and regulations of the DILG, and other applicable laws, rules and regulations. c. To enter into contract with the city s LGU, the barangay, other government agencies, or any other concerned NGOs concerning the implementation of programs, projects, or activities, subject, however, to the provisions of Section 6, Article II hereof and other applicable ordinances, orders, laws, rules and regulations. d. In times of emergencies or calamities, assist the city s LGU or the barangay concerned in the efficient and effective implementation of relief operations, search and rescue operations, retrieval operations, or such other disaster management schemes. e. In partnership with the city s LGU, the barangay concerned, any other government agency, or any NGO concerned, or, by its own, organize or facilitate bayanihan activities within its respective areas of jurisdiction as often as it deems necessary in the pursuit of activities, programs or projects. f. Facilitate the efficient and effective implementation of laws and ordinances, and such other writs or legal orders to be carried out within their respective areas of jurisdiction. g. Exercise such other powers or functions expressly granted, those necessarily implied therefrom, as well as powers and functions necessary, PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 4 OF 10

5 appropriate, or incidental for its efficient and effective organization as such, and those which are essential to the protection or promotion of public interest or the general welfare: Provided, that the exercise thereof shall not be contrary to this Ordinance, the law, morals, good customs, or public policy. Article II Institutionalization Process Section 5. Acknowledging the Purok or Sitio as Institutionalized Peoples Organization (PO). Due to its long established leadership structure and membership, and as well its indispensable role in community development and the promotion of public interest, all Puroks or Sitios found within the City of General Santos are hereby acknowledged and institutionalized as Peoples Organizations and, thus, may apply for accreditation with the LGU s Sanggunian pursuant to the pertinent provisions of the Department of the Interior and Local Government s (DILG s) Memorandum Circular No , dated 04 August 2010 vis à vis Rule XIII, Article 64 of the Rules and Regulations Implementing The Local Government Code of Section 6. Availment of Financial Assistance from the LGU, the barangay, other national government agencies, or NGOs. The Puroks or Sitios, as institutionalized POs, may enter into contract with the LGU, the barangay, other national government agencies, or other concerned NGOs for the availment of financial assistance in support of its programs, projects or activities, subject to the following limitations, to wit: a. No Purok or Sitio may enter into contract with the city s LGU, the barangay, or any other government agency which has for its purpose the release of public funds, unless such contracting Purok or Sitio shall have been duly accredited as People s Organization (PO) by the city s Sanggunian. b. No such contract with the city s LGU shall be valid unless the same shall have been entered into pursuant to Section 455 (b)(1)(vi) in relation to Section 458 (2)(iii), Book III, Title III of Republic Act Numbered Seventy One Hundred and Sixty (RA 7160), otherwise known as The Local Government Code of c. No such contract with the barangay shall be valid unless the same shall have been entered into pursuant to Section 389 (b)(2) in relation to Section 391(a)(12), Book III, Title I of Republic Act Numbered Seventy One Hundred and Sixty (RA 7160), otherwise known as The Local Government Code of d. Any contract entered into by the Purok or Sitio which has for its purpose the release of public funds shall be made subject to subsisting government accounting and auditing laws, rules, and regulations. e. Any contract entered into by the Purok or Sitio with other government agencies or accredited NGOs which has for its purpose the release of public funds shall, likewise, be subject to applicable laws, rules, and regulations. PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 5 OF 10

6 Section 7. Creation of a Technical Working Group (TWG) to Facilitate the Accreditation of the Purok or Sitio. (a) Not later than thirty (30) days after this Ordinance shall have become effective, there shall be constituted, by virtue of a Memorandum issued for such purpose by the Office of the City Vice Mayor, a Technical Working Group (TWG) to assist qualified Puroks or Sitios all through the accreditation process and all matters relevant thereto. (b) Whenever requested by the accredited Purok or Sitio, such constituted TWG shall also assist the organization to come up with an Internal Rules of Procedure for the conduct of its meetings or provide some other similar forms of technical assistance as the Purok or Sitio may request in the pursuit of its functions as Peoples Organization (PO). (c) Such TWG shall be headed by the Secretary to the Sanggunian, and to comprise of at least five (5) but not to exceed seven (7) staff component including the Assistant Secretary to the Sanggunian who shall come from among the career and/or co terminus personnel of the Office of the Sangguniang Panlungsod. (d) Not Later than thirty (30) days after this Ordinance shall have become effective, the Office of the City Vice Mayor shall issue a Memorandum to implement the intents and purposes of the preceding Paragraph and, henceforth, shall name therein the specific staff component of such TWG including their respective duties, responsibilities and accountabilities to be performed within the duration of their assignment as such pursuant to the provisions hereof. (e) Except for the Secretary and Assistant to the Sanggunian, services rendered on overtime by the staff component of such TWG shall entitle them to earn service credits commutable to Certificate of Overtime Credit (COC), application of which be made subject to the pertinent provisions of Civil Service laws, rules, and regulations. ARTICLE III DUTIES AND RESPONSIBILITIES OF PUROK OR SITIO OFFICERS Section 8. Duties and Responsibilities of Purok or Sitio Officials. To ensure the protection and promotion of public interest and the general welfare, all Purok or Sitio officials shall, therefore, share a common duties and responsibilities as defined under the following provisions of this Article. Section 9. The Purok or Sitio President. The following are the duties and responsibilities of the Purok or Sitio President, to wit: a. To call and preside over the Purok or Sitio Council meetings, assemblies, or other official activities of the Purok or Sitio; b. To represent the Purok or Sitio in all its business transactions and sign in its behalf all contracts, obligations, or such other onerous transactions upon the authority of the Purok or Sitio Council. c. To authorize and approve payments made out of Purok or Sitio funds in connection with the lawful operation or activities thereof; d. To execute or disseminate plans, policies and resolutions duly approved by the Purok or Sito Council; PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 6 OF 10

7 e. To facilitate the maintenance of peace and order or beautification of the Purok or Sitio concerned and, in pursuance thereof, may conduct close coordination with barangay officials, LGU officials, or police officers, as the case may be; f. To facilitate the effective and efficient implementation of the LGU s programs and projects, and such other related activities to be implemented within the Purok or Sitio concerned; g. To assist government officials or agents thereof in the enforcement of writs or such other similar court decrees to be served forthwith to any known resident of the Purok or Sitio concerned; h. To organize and lead, in times of calamity or emergency, an emergency response team within the Purok or Sitio concerned; i. To facilitate the delivery of basic services by the LGU, the barangay, other government agencies, or NGOs to be accomplished within the Purok or Sitio concerned; j. To encourage the participation or representation of the Purok or Sitio in all barangay activities, whenever called for; and k. To perform such other duties and responsibilities as may be prescribed by law or ordinance. Section 10. The Purok or Sitio Vice-President. Aside from attending in the meetings and other activities of the Purok or Sitio Council, the Vice President thereof shall have no other duties or responsibilities: Except, to act as Purok or Sitio President in case of death, permanent disability, resignation, or temporary absence of the Purok or Sitio President. The Purok or Sitio Vice President may also be designated to perform such other social functions as may be directed by the President. Section 11. The Purok or Sitio Secretary. The following are the duties and responsibilities of the Purok or Sitio Secretary, to wit: a. To serve as official custodian of all records of the Purok or Sitio; b. To record and transcribe the journals and minutes of all meetings conducted by the Purok or Sitio officials; and c. To perform such other related duties and responsibilities as may be Section 12. The Purok or Sitio Treasurer. The following are the duties and responsibilities of the Purok or Sitio Treasurer, to wit: a. To keep custody of the official funds and properties of the Purok or Sitio concerned; PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 7 OF 10

8 b. To collect and issue receipts for contributions in the form of monies or materials and other sources of income accruing to the coffers of the organization concerned, and to deposit the same in any banking institution pursuant to an authorization duly passed by the Purok or Sitio Council; c. Subject to the availability of funds, maintain a petty cash revolving fund in such amount as the Purok or Sitio Council may determine: Provided, that this shall, in no case, exceed Five Thousand Pesos (P5,000.00); d. To certify and, in connection therewith, disburse funds in accordance with the procedures passed by the Purok or Sitio Council; e. To submit or make available for the information of the Purok or Sitio Council the organization s financial statements as often as may be required thereby; and f. To perform such other related duties and responsibilities as may be Section 13. The Purok or Sitio Auditor. The following are the duties and responsibilities of the Purok or Sitio Auditor, to wit: a. To examine and audit the financial expenditures of the Purok or Sitio concerned; and b. To perform such other related duties and responsibilities as may be Section 14. The Purok or Sitio Public Relations Officer (PIO). The following are the duties and responsibilities of the Purok or Sitio Public Relations Officer, to wit: a. To deliver official communications and act as messenger of the Purok or Sitio; b. To assist the Purok or Sitio President in the dissemination of information to the constituents thereof; and c. To perform such other related duties and responsibilities as may be Section 15. The Purok or Sitio Business Manager. The following are the duties and responsibilities of the Purok or Sitio Business Manager, to wit: a. To serve as the purchasing officer of supplies and materials with the assistance of the treasurer; and b. To perform such other related duties and responsibilities as may be PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 8 OF 10

9 Section 16. The Purok or Sitio Sergeant-at-Arms. The following are the duties and responsibilities of the Purok or Sitio Sergeant at Arms, to wit: a. Assist the Purok or Sitio President on matters concerning the maintenance or promotion of peace and order, beautification, and such other relative programs, projects, or activities within the Purok or Sitio; and b. To perform such other related duties and responsibilities as may be ARTICLE III THE PUROK OR SITIO COUNCIL Section 17. The Purok or Sitio Council. The Purok or Sitio Council shall be comprised by all elected Purok or Sitio officers and, as such, shall serve as the sole policy making body of the Purok or Sitio. Section 18. Duties and Responsibilities of the Purok or Sitio Council. The following are the duties and responsibilities of the Purok or Sitio Council, to wit: a. Promulgate, alter, or repeal the by laws or other subsisting internal policies or rules of the Purok or Sitio; b. Formulate internal rules of procedures to govern the conduct of Purok or Sitio meetings; c. Devise plans, programs, projects, or activities for the benefit or well being of the Purok or Sitio; d. Subject to the pertinent provisions of this Ordinance, authorize the Purok or Sitio President to enter into contract with the city s LGU, the barangay, other government agencies, or NGOs concerned; e. Pass resolutions which represent the sentiment of the Purok or Sitio on certain policies, issues or concerns affecting the public interest or the general welfare; f. Resolve issues and concerns internal to the Purok or Sitio: Except, those which have already been submitted for conciliation proceedings by the Lupong Tagapamayapa of the barangay; and g. Perform such other duties and responsibilities as may be prescribed by law or ordinance. ARTICLE IV TERM OF OFFICE & SCHEDULE OF ELECTION PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 9 OF 10

10 Section 19. Term of Office of Purok or Sitio Officers. (a) The officers of the Purok or Sitio shall be elected for a term of three (3) years, which shall commence immediately on the day following their election. (b) No officer of the Purok or Sitio shall serve for more than three (3) consecutive terms. Voluntary renunciation of office for any period of time shall not be considered as an interruption in the continuity of the officer s service for the full term for which said officer was elected. (c) Any vacancies in the Purok or Sitio shall be resolved in accordance with the provisions of its respective by laws. Section 20. Schedule of Election of Purok or Sitio Officers. Unless otherwise provided by an Ordinance enacted the city s Sannguniang Panlungsod concerned, the regular election of the Purok or Sitio Officers shall be held on the third Monday of October. ARTICLE V FINAL PROVISIONS Section 21. Penalty Clause. Any person who willfully refuses to abide by the provisions of this Ordinance shall, after due trial, be punished by a penalty of one (1) year imprisonment, or by a fine of Five Thousand Pesos (P5,000.00), or both such fine and imprisonment at the discretion of the court without prejudice to the filing of other appropriate criminal, civil, and/or administrative charges for violation of other pertinent laws, rules and regulations. Section 22. Amendatory Clause. The provisions of previous local enactments, resolutions, memoranda, circulars, and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 23. Separation Clause. In the event that a provision or some provisions hereof are found or decreed to be invalid or unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall remain to be in full force and effect. Section 24. Effectivity Clause. This Ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within General Santos City. /rtt. (Last Modified ) PUROK EMPOWERMENT ORDINANCE OF GSC PAGE 10 OF 10