The city council has approved Ordinance 98, s. 2023 or the Sangguniang Kabataan Accountabilities and Liabilities Ordinance of 2023 in Baguio.
The ordinance complies with the mandate of the Department of the Interior and Local Government Opinion 13, s. 2022 for the sangguniang panlungsod or pambayan to promulgate rules on suspension and removal from office of any elected SK official, taking into consideration the Local Government Code, and relevant laws.
The guidelines on the imposition of disciplinary sanctions to SK shall apply to all elective officers the SK chairperson, and kagawad in terms of their official duties and functions.
As used in the ordinance, SK official pertains to elective SK officials or officers such as the SK chairperson and kagawad.
Malfeasance is when someone is intentionally or purposely doing something illegal or wrong; misfeasance is when someone does something legal but in the wrong way; and non-feasance is the failure to do something that should have been done, resulting in harm or damage.
Under the ordinance, the SK officer who commits any misfeasance, malfeasance, or non-feasance during his/her term shall be either suspended or removed from his/her office, provided, that due process shall be accorded to the erring officer.
In addition, the ordinance cited Section 18 of Republic Act 10742 or the “SK Reform Act of 2015”, which provides that an elected official of the SK may, after due process, be suspended for not more than six months or removed from office by a majority vote of all members of the city council which shall be final and executory, on any of the following grounds.
These include absence from the regular meeting of the SK without valid cause for two consecutive times or accumulated absences of four within 12 months; failure to convene the regular assembly of the Katipunan ng Kabataan for two consecutive times; and failure to convene the regular SK meetings for three consecutive months in the case of the SK chairperson.
Failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual Barangay Youth Investment Program, or approve the annual budget within the prescribed period without justifiable reason; and failure to implement programs and projects outlined in the Annual Barangay Youth Investment Program without justifiable reason.
Four consecutive absences during the regular sangguniang barangay sessions without valid cause in the case of the SK chairperson; conviction by final judgment of a crime involving moral turpitude; and violation of existing laws against graft and corruption and other civil service laws, rules, and regulations; and failure in the discharge of his or her duty or has committed abuse of authority.
All administrative cases/complaints against elective SK officials shall be filed before the city council. The same shall be referred to the Committee on Youth Welfare and Sports Development that will determine if the same is sufficient in substance and form.
After determination of the sufficiency in substance and form of the complaint, the committee will then report to the city council its findings and recommendations.
Subject to due process requirements, the decision of the committee shall be final and executory. Under Section 18 of Republic Act 10742, the erring SK official may be suspended for a maximum period of six months or be removed from office.
The privileges accorded to an SK official as provided in Section 16 of RA 10742 shall likewise be suspended during the period of the erring SK official’s suspension from office. In the event of removal, the erring SK official shall lose all the benefits and privileges accorded to him/her.
The copy of the ordinance was submitted to Mayor Benjamin Magalong for his signature.
Through Resolution 714, 2023, the city council has revised the policies and guidelines on the use of the financial assistance provided to the Baguio General Hospital and Medical Center under Resolution 099, s. 2009.
The new policies and guidelines require that medical assistance shall be only for indigent patients admitted at the charity ward of the Out-Patient Department and emergency room patients under ward service.
The patient must be a resident of Baguio and the assistance shall be extended to patients who are confined at the charity ward of the BGHMC, which covers drugs, medicines, medical services, laboratory tests, ECG, x-ray, surgery, other hospital charges, and other medical and laboratory procedures directly provided by BGHMC; and for out-patients and emergency patient indigents, the funds may cover the same expenses as the above but are limited only to what is directly provided by BGHMC.
On procedure for disbursement, the councilor or official shall identify and recommend through an endorsement letter the indigent and deserving patient who may avail of the medical assistance; the endorsement letter shall be addressed to the City Social Welfare and Development for evaluation and assessment.
If qualified, the CSWDO prepares an endorsement in the form of a guarantee letter addressed to the chief of BGHMC, duly signed by the city mayor, and shall indicate the maximum amount the patient can avail of under the fund. If not qualified, other interventions shall be provided to the client/processor;
The guarantee letter shall be accompanied by original copy of the barangay certificate of residency of the patient indicating its purpose for medical/financial assistance or an original copy of the barangay certificate of residency of the processor indicating its purpose for medical/financial assistance of the patient; original copy of patient’s updated medical certificate and/or clinical abstract for at least three months issued by BGHMC only; copy of any of the following based on the needs of the patient, particularly treatment protocol; clinical or laboratory procedures request forms; prescription forms; statements of account/remaining bill statement; and photocopies of the government-issued identification card of the patient.
For monitoring and recording purposes, the Medical Assistance-City Aid Registry database through shared google sheet and/or web-based database managed by Malasakit Center-BGHMC shall be used as a centralized database to be accessed and monitored by the respective offices of the city council/city official, and CSWDO.
The BGHMC, through the Malasakit Center, shall furnish the city government, every quarter, the list of patients who have availed of the fund, including the amount of assistance extended; and The BGHMC, through the Financial and Management Office, shall submit to the city government, every quarter, the utilization report reflecting the status of assistance extended.
The endorsement letter issued by the city official is valid only within 10 working days. The patient/processor is required to submit the endorsement letter with the required attachments to CSWDO on or before the day of the specified expiration. In case the endorsement letter has expired, the patient/processor shall secure a new endorsement letter with a separate control number.
The guarantee letter is valid for one month, three months, or six months depending on the assessment of the staff in charge of CSWDO. Validity includes processing of documents, submission to Malasakit Center, and use of extended assistance.
For immediate reconciliation of balances, the patient can only use the assistance extended and the same to avail services of BGHMC subject to its specified validity period as indicated in the guarantee letter. Unused assistance funds will be reverted to the funding office.
May 4, 2024
