 |
Local legislative bodies can
conduct administrative investigation only up to Feb. 12
By Philippine Information Agency (PIA 8)
February
1, 2007
TACLOBAN CITY, Leyte – The
local legislative bodies, starting February 13 up to May 14, 2007, can no
longer conduct administrative investigations nor impose preventive suspension
orders on local elective officials.
The Department of Interior and
Local Government made the reminder even as it made clear that such restrictions
do not cover cases under probe by the Office of the Ombudsman.
In answer to the many
inquiries regarding the issue, Secretary Puno of the Department of Interior and
Local Government issued a memorandum on January 23, on the guidelines on probe
and suspension of local officials during election period. Puno issued the
memorandum, which he has instructed DILG regional directors to disseminate
nationwide.
Secretary Puno pointed out
that under Batasang Pambansa 881 or the Omnibus Election Code, administrative
investigations may still be conducted by the Sangguniang Panlalawigan,
Sangguniang Panlungsod or the Sangguniang Bayan against local elective officials
within their respective disciplinary authority, from Jan. 14, which is the start
of the election period, up to Feb. 12. However, starting Jan. 14, these
disciplinary bodies “cannot, pursuant to Section 261 of the Omnibus Election
Code, anymore impose preventive suspension or suspension as penalty unless prior
approval of the Commission on Elections (Comelec) is secured.”
Starting Feb. 13, 2007 (90
days prior to election day) the Sangguniang Panlalawigan, the Sangguniang
Panlungsod, or the Sangguniang Bayan can no longer conduct administrative
investigation and no more preventive suspension shall thereafter be imposed.
If a preventive suspension
order has already been imposed, this is deemed automatically lifted on Feb, 13,
2007 as provided under Section 62 (c) of the Local Government Code. However,
this automatic lifting of preventive suspension does not apply to the preventive
suspension of the Ombudsman considering that respondents are being proceeded
administratively under the Ombudsman Act and not under the Local Government
Code,” Puno stressed in his memorandum. “Parenthetically, the Ombudsman Act (RA
6770) does not provide for the automatic lifting of preventive suspension,
whether during the election period or the 90-day period prior to a local
election.
The same Memorandum states
that starting May 15, 2007, or a day after the elections, administrative
investigations may be resumed by the incumbent Sanggunian boards “until the end
of their terms of office on June 30, 2007, unless the local elective official
under probe will be proclaimed as winner earlier than June 30, 2007.
If a local chief executive
under investigation is declared the winner in the elections prior to June 30,
2007, “he shall be accordingly exonerated from such administrative case against
him pursuant to the Supreme Court decisions in Pascual vs. Provincial Board of
Nueva Ecija and Aguinaldo vs. Santos,” which enunciated the doctrine that
reelection means a condonation by the electorate of one’s administrative
liability, the Memorandum pointed out.
|
Online voting upholds OFWs’ right of suffrage
