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ADMINISTRATIVE ORDER NO. 94
ADMINISTRATIVE ORDER NO. 94 -
CREATING AN AD-HOC COMMITTEE TO INVESTIGATE THE ADMINISTRATIVE
COMPLAINTS FILED AGAINST CERTAIN ELECTIVE LOCAL OFFICIALS OF THE
PROVINCE OF ALBAY, ARISING FROM SPECIAL AUDIT OFFICE REPORT NO. 93-11
OF THE COMMISSION ON AUDIT (COA), AND OTHER ADMINISTRATIVE COMPLAINTS
MENTIONED HEREIN
WHEREAS, Sec. 61 of Republic Act No.
7160, otherwise known as the "Local Government Code of 1991", provides
that a complaint against any local elective official of a province
shall be filed with the Office of the President;
WHEREAS, Sec. 2, Rule 1 of Administrative Order No. 23 dated 17
December 1992 entitled "Prescribing the Rules and Procedures on the
Investigation of Administrative Disciplinary Cases Against Elective
Local Officials of Provinces, Highly Urbanized Cities, Independent
Component Cities, Component Cities, and Cities and Municipalities in
Metropolitan Manila" provides that "(a)ll administrative complaints,
duly verified, against elective local officials mentioned in the
preceding Section shall be acted upon by the President. The President,
who may act through the Executive Secretary, shall hereinafter be
referred to as the "Disciplinary Authority";
WHEREAS, Special Audit Office ("SAO") Report No. 93-11 was submitted by
COA Chairman Pascasio S. Banaria to the Secretary of the Interior and
Local Government in a letter dated 20 August 1993;
WHEREAS, as a result of SAO Report No. 93-11, several administrative
complaints were filed against certain local elective officials of Albay
Province which are under the disciplinary authority of the Office of
the President;
WHEREAS, there are other administrative complaints which should be
looked into and which may be investigated by this Office;
WHEREAS, pertinent aspects of SAO Report No. 93-11 has made mention of
matters alleged and complained of in the case of "Mayor Naomi C. Corral
versus Governor Romeo Salalima et al.", for: malversation, consistent
and habitual violation of R.A. No. 7160, Sec. 60 (c) and (d),
docketed as DILG Case No. P-11-93;
WHEREAS, DILG Case No. P-11-93 was filed prior to the release of SAO
Report No. 93-11 and the latter is now one of the bases of the
administrative charges mentioned herein;
WHEREAS, investigation of DILG Case No. P-11-93 has not yet commenced,
and may accordingly be taken cognizance of the Investigating Committee
herein created; and
WHEREAS, the magnitude and seriousness of the administrative complaints
require the particular attention of this Office to ensure their speedy
and judicious resolution.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. An Ad-Hoc Committee to investigate the
administrative complaints against certain elective local officials of
the Province of Albay, arising from the Special Commission on Audit
Report (Special Audit Office Report No. 93-11), and other
administrative complaints mentioned hereinbelow, is hereby created and
constituted.
Sec. 2. The Committee herein created is hereby
designated as the Investigating Authority, as an exception, in this
particular case, to Sec. 3, Rule 1 of Administrative Order No. 23
dated 17 December 1992, and shall be referred to as the "Investigating
Committee".
Sec. 3. The Investigating Committee shall be
composed of the following:
Alexander
P. Aguirre — Chairman
Undersecretary
Department of the Interior and
Local Government
Angel V.
Saldivar — Member
Presidential Assistant
for Public Administration
Stephen F.
Sergio — Member
Director IV
Office of the Sr. Deputy
Executive Secretary
Sec. 4. The Investigating Committee shall
investigate the administrative charges against certain elective local
officials of the Province of Albay, arising from COA Special Audit
Office Report No. 93-11 on the Province of Albay, as well as the other
administrative complaints filed with the Office of the President,
listed herein below:
a.
Mayor Naomi C. Corral vs. Governor Romeo Salalima, et al., for: Abuse
of Authority and Oppression under R.A. No. 7160, Sec. 60 (c);
b. Mayor Naomi
C. Corral vs. Governor Romeo Salalima, et al., For: Malversation,
consistent and habitual violation of R.A. No. 7160, Sec. 60 (c) and
(d);
c. Kgd.
Francisco Alarte, et al. vs. Governor Romeo Salalima, For: Violation of
R.A. No. 7160, Sec. 60 (c) and (d).
d. Antonio O.
Demetriou vs. Governor Romeo Salalima, For: Violation of R.A. No. 7160,
Sec. 60 (c) and (d).
Sec. 5. In accordance with Sec. 1, Rule 5 of
Administrative Order No. 23, the complaints and the answers together
with their attachments and other relevant papers shall be referred by
this Office to the Investigating Committee which shall commence the
preliminary investigation of the case within ten (10) days from receipt
of the same.
Sec. 6. In accordance with Sec. 3, Rule 5 of
Administrative Order No. 23, within twenty (20) days from receipt of
the complaints and answers, the Investigating Committee shall
determine whether or not there is a prima facie case to warrant the
institution of formal administrative proceedings.
Sec. 7. The records, proceedings and investigation
of the case of Mayor Naomi C. Corral versus Governor Romeo Salalima et
al., For: Malversation, consistent and habitual violation of R.A. No.
7160, Sec. 60 (c) and (d), and docketed as DILG Case No. P-11-93 shall
be turned-over to the Investigating Committee herein created.
Sec. 8. The formal administrative investigation
shall be conducted by the Investigating Committee.
Sec. 9. Preventive suspension, if warranted, shall
be in accordance with Sec. 63 of the Local Government Code of 1991.
Sec. 10. Copies of all the Complaints, Answers and
pertinent documents shall be furnished the Department of the Interior
and Local Government.
Sec. 11. Except as herein provided, the
Investigating Committee shall follow the procedure prescribed under
Sec. 62 to 65 of the 1991 Local Government Code, as well as the
corresponding Implementing Rules and Regulations thereon, in relation
to Book VII, Chapter 3, Sec. 10 and 13, of the 1987 Administrative
Code, as implemented by Executive Order No. 26, dated 7 October 1992,
prescribing procedures and sanctions to ensure speedy disposition of
administrative cases, and Administrative Order No. 23, dated 17
December 1992.
Sec. 12. The investigation of the administrative
complaints stated in this Administrative Order shall be terminated by
the Investigating Committee within ninety (90) days from the start
thereof.
Sec. 13. The Investigating Committee shall, within
twenty (20) days after receipt of the last pleading and evidence, if
any, in case the respondents do not elect formal investigation; or
after the expiration of the period within which to submit the same; or
after the termination of the formal investigation; or after the parties
have submitted their respective memoranda, if so allowed; forward to
the Disciplining Authority the entire records of the case, together
with its findings and recommendations; as well as the draft decision
for the consideration of the President.
Sec. 14. Other administrative complaints which may
be subsequently filed against the respondents, as adverted to in
Sec. 4 hereof, which this Office shall deem appropriate to be
investigated may be referred to the Investigating Committee for its
appropriate action.
Sec. 15. The record of the cases herein referred
to shall be forwarded to the Investigating Committee for appropriate
action.
Sec. 16. This Administrative Order shall take
effect immediately.
DONE in the City of Manila,
this 26th day of November in the year of Our Lord, Nineteen Hundred and
Ninety-Three.
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