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Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT


REGIONAL OFFICE NO. 10

RETOOLING PROGRAM FOR DILG TECHNICAL OFFICERS


March 13 - 15, 2017
Hotel Conchita, Cagayan de Oro City

(A Terminal Report)
I. SUMMARY

The Department of the Interior and Local Government (DILG) Region 10


conducted the retooling program for DILG Technical Officers. The activity was
aimed to strengthen the knowledge and skills of the technical officers that they
may be able to internalize and explain the updates of DILG PPAs for CY 2017
implementation.

The activity also includes orientation on handling of fact-finding


investigation.

II. PARTICIPANTS

The meeting was attended by DILG Field Officers and Regional Office Staff,
breakdown as follows:

PARTICIPANTS Day 1 Day 2 Day 3


DILG Field Officers:
Bukidnon

Camiguin

Lanao del Norte

Misamis Occidental

Misamis Oriental

Cagayan de Oro City

Iligan City

DILG Regional Office Staff

Guests

TOTAL

III. DATE AND VENUE


The activity was conducted on March 13 to 15, 2017 at Hotel Conchita,
Cagayan de Oro City.

IV. PRELIMINARIES
The activity commenced with the singing of the Philippine National Anthem
and was followed by the prayer, Panunumpa sa Watawat, Panunumpa ng Kawani
ng Gobyerno and the singing of Bayat LGOO.

Director Arnel M. Agabe, CESO IV gave his welcome message


emphasizing the importance of conducting the activity. He said that the retooling
program must influence the behavior and attitude of all. He reminded the field
officers to always have a committed heart, dedication and idealism to do the
mandate of the Department. Further, through this activity, LGUs must be
influenced to better serve the public, effectively and efficiently.

V. PROGRAM FLOW
Day 1
Gender and Development (GAD) Program
Competency Dashboard
Disaster Preparedness
Business Permit and Licensing System (BPLS)

Day 2
ASEAN Summit 2017
A Drug Free Workplace Policy
Mamayang Ayaw sa Anomalya, Mamamayang Ayaw sa Illegal na Droga
(MASA MASID)
Foreign Travel Authority (FTA) Online System
Peace and Order and Public Safety (POPS) Plan
Confidential Fund
Seal of Good Local Governance (SGLG)
Administrative Requirements for Authority to Purchase Motor Vehicle
Federalism

Day 3
How to Conduct Fact-Finding Investigation
Preliminary Investigation under the Rules of Criminal Procedure
Project Development and Management (PDMU)

VI. ISSUES AND CONCERNS


DAY 1

PROGRAM / QUESTION / ISSUES / ANSWERS /


TOPIC CONCERNS RECOMMENDATION

GAD Program LGOO VI Mary Jean Quibranza: LGOO V Myrna Felicilda:


Is LCPC included in the GAD? Yes, LCPC should be allocated with
a 1% budget on top of the 5%,
and another 1% for the PWD,
making it a total of 7%.
CLGOO Rey Capricho: LGOO V Myrna Felicilda:
Under examples of expenses that Just have to justify that the issues
cannot be charged to the GAD includes increasing number or
Budget is the Religious Activities, cases of domestic violence and
in issues concerning domestic there is a need for a spiritual
violence one intervention of the counseling through the CBRP.
CBRP is the spiritual counseling,
will it not be included?
MLGOO Christy Cubero: LGOO V Myrna Felicilda:
Can the municipality allocate a It is up to the LGUs to decide in
budget for financial assistance for providing assistance but it may
those who cannot file a case due not necessarily mean as financial
to financial constraints? assistance.

What is the sequence in In some cases, the municipality


accomplishing the GAD Plan, Is it can gather data from the
the Barangay GAD first then the barangay to come up with their
municipal? GAD, it Is another way to look on
what needs assistance in the
barangays. Some do it
simultaneously.
MLGOO Sylvia Dagus: LGOO V Myrna Felicilda:

What is in the GAD database, can Everything is in the database,


we have sample data? including the information
gathered through the CBMS and
the like. We will provide soft copy
of the guideline.

Disaster MLGOO Janeth Labadan: LGOO VI Hazel L. Occena:


Preparedness
In our LGU, the person who was That would be the problem
trained is not the DRRM Officer but especially if the person who was
still, he was able to come up with trained is a job order/contractual.
the risk map. Thus, it is a request But, even if thats the case, he is
that our newly appointed DRRM required to share the learning that
Officer will be invited if ever there he acquired from the training.
are future trainings.

CapDev MLGOO Janeth Labadan: LGOO VI Hazel L. Occena:

Theres no common understanding Your respective Capdev was


on how to respond/use the Capdev formulated during the CDP
tool. process. In the Capdev summary
report, theres a certain period on
when shall this be conducted and
who is the responsible person. In
the CapDev agenda form required
by the LGA, the Cluster Leaders
will transfer the required forms.
For information, the LGA will
conduct orientation. In the
meantime, make use of the
existing CapDev summary forms.
MLGOO Maria Corazon LGOO VI Hazel L. Occena:
Cimacio:
A copy of the online CapDev
The DILG-Misamis Oriental Team Market System will be provided.
does not know on what to do with
the tool since there are no
instructions.

ASEAN Summit ARD Nilo P. Castanares: LGOO II Ellaine Josephine C.


Basco:
2017
Do we have any glimpse of
idea to what particular LGUs For Region 10, its only Cagayan
will be visited? de Oro City. But all LGUs are
required to disseminate the
information about ASEAN.

ARD Nilo P. Castanares: LGOO II Ellaine Josephine C.


Basco:
Is there a gathering of the
LCEs and other NGAs? There will be a multi-sectoral
forum tentatively scheduled on
the last week of April.

A Drug Free CD Foster A. Anayron: Atty. Jap Laarni T.Pasiol:


Workplace
Would there be a penalty if the There is no delivery so it is
Policy other party refuses to accept possession on the other party who
the offered drug? offered the drug.

MLGOO Alfredo Igar: Atty. Jap Laarni T.Pasiol:

What penalty would I be It depends upon the surrounding


charged if the shabu is caught circumstances. It would either be
to be inside my car? transportation or possession.

Barangay Drug MLGOO Joemer Ricafort: Ms. Dina Mae Yunito:


Clearing
Is the Chief of Police already They should already be informed
Operation aware of the process in about it.
declaring drug-free
barangays?

MLGOO Richard Guillen: Ms. Dina Mae Yunito:

Issue on the synchronization The oversight committee is


of PNP and PDEA with regards responsible for declaring the
to the drug-free barangays. drug-free barangays.

CLGOO Rey Gilbert Capricho: Ms. Dina Mae Yunito:

What is the process of All the record of activities of the


declaring a drug-free barangays shall be submitted to
barangay? DILG verified by PNP and PDEA.

MLGOO Rainero Jose L. Salig: Ms. Dina Mae Yunito:

Issue on the BADOC There are certain personnel who


Resolution. are in-charge of the barangay
drug clearing who will verify the
activities of the barangay.
MLGOO Emily Popera: Ms. Dina Mae Yunito:

Are we authorized to inform We still have to discuss your


the personnel in the barangay concerns with our director.
level?

MLGOO Camilo Cosain: Ms. Dina Mae Yunito:

Do you conduct mandatory If you already have the policy, you


drug testing in the barangays? can request the PDEA anytime to
conduct the mandatory drug
testing in your barangays.
MLGOO Janethearlyn Labadan: Ms. Dina Mae Yunito:

Issue on the steps of barangay We will copy furnish DILG with


drug clearing. regards to the steps.

Foreign Travel PD Pablio D. Benitez Jr.: LGOO II Marydhel C. Daelo:


Authority (FTA)
What will be the role of the To monitor the status of the FTA.
Online System Regional and the Provincial
Offices?

PD Pablio D. Benitez Jr.: LGOO V Maria Antonieta A.


Porol:
Issue on the processing of
FTA. You may entertain applicants who
will come to your office.
CD Jane J. Docallos: LGMED Division Chief Corazon
Vicente:
Issue on the acceptance of
application by the Regional or We will raise the issue to the
Provincial Office. BLGS.

MLGOO Julian Sasil: LGOO II Marydhel C. Daelo:

What if the MLGOO will travel? The BLGS will still try to replicate
the system.

MLGOO Camilo Cosain: LGOO II Marydhel C. Daelo:

Issue on the travel of an LCE Since the FTA online system will
abroad on the purpose of a be linked to the Bureau of
business trip. Immigration, there is a great
possibility that they will be
recognized as a government
official.

Seal of Good MLGOO Julian Sasil: LGOO V Maria Antonieta A.


Porol:
Local
Can the post compliance
Governance passer use the SGLG seal in We still have to refer it to the
(SGLG) 2017 their letterhead together with BGLS.
Implementation their official seal?
MLGOO Richard Guillen: LGOO V Maria Antonieta A.
Porol:
What if the LDRRMO position
is not filled in due to no one is We still have to wait for the
qualified but the next lower technical notes.
position is already filled in,
would you accept that?

Administrative MLGOO Janethearlyn Labadan: LGOO V Maria Antonieta A.


Porol:
Requirements
Issue on the request of two
for Authority to vehicles by the LGU which is We still have to wait for the
Request Motor later on modified by the LCE. technical notes.
Vehicle

MLGOO Cyrus Olavides: LGOO V Maria Antonieta A.


Porol:
What is the implication if the
LGU will not comply with the We will refer it to MC 2014-155.
requirements?

(POPS) Plan MLGOO Rainero Jose L. Salig: LGOO V Liza D. Ladres:

When will the certification We will be asking help from the


from the ROPC be released? province about that.

Confidential PD Pablio D. Benitez Jr.: LGOO V Liza D. Ladres:


Fund
Do we really need to submit It is localized. The
the accomplishment report to accomplishment report is needed
the COA National Office? for the certification.

Federalism CD Foster Anayron: ARD Nilo P. Castanares:

May we not include the topic The memorandum is already


of federalism in the upcoming released. We should comply with
Barangay Assembly? that.

LGOO V Elizabeth Buna: ARD Nilo P. Castanares:

Can we just conduct the Its up to your ways on how to do


federalism forum in the it.
barangay level?

PD Pablio D. Benitez Jr., CD ARD Nilo P. Castanares:


Jane J. Docallos (with
suggestions from MLGOOs
Rose Chu & Rainero Jose
Salig):

We will come up with a unified


Issue on the different presentation (AVP) regarding
Federalism to be presented.
standards in delivering
federalism. Suggesting a 1 or
2 pager statement to be
presented in the Barangay
Assembly.

CLGOO Rey Gilbert Capricho: ARD Nilo P. Castanares

On our advocacy on There is no limit. But using


federalism, is there a limit to DILG Seal (Logo) is prohibited
the participating agencies? in using during forums.

MLGOO Rainero Jose Salig ARD Nilo P. Castanares

Issue on a letter stating the Requesting for a copy furnish


conduct of federalism by the of the letter to Region 10
RD of Region 11

How to conduct MLGOO of Claveria, Misamis Oriental: ATTY. BENITEZ:


fact-finding
There are situations in the field that I am not saying that you will not take
investigation needs immediate action (legal immediate action, its just if there is
matters) In that case, do we have to no available Department Legal
refer it to the Central Office? Opinion that would somehow answer
the query, that would be the time to
refer the matter to the Central Office.

What we want to emphasize is the


manner in which you will render the
reply. You will have to craft it in a
manner which makes reference to
prior Department Legal Opinion in
order to have uniformity as regards
the stand/opinion of the Department
on certain matters (legal).

City Director (CAGAYAN DE ORO) ATTY. BENITEZ:

Can we differentiate on when can we It is a matter of assessment on the


render a legal opinion from a mere nature of the query (serious in
referral/reference to a Legal Opinion? character) or one which apparently
needs legal attention
MLGOO from Medina, Misamis ATTY. BENITEZ:
Oriental:
Under the law, apart from lawyers,
When we say under oath, does it mean there are other Officials/ Officers in
we (the MLGOO) would have to spend the government who can administer
for the documents notarization? (with oath such as Justices of the Court of
Appeals, Judges of lower courts,
reference to the fact-finding report
Public Prosecutors, Mayors, Chief of
and the document which is the Police (in their mandate as law
product of the interview), especially in enforcers).
the my station, wherein it is really
difficult to find a lawyer. The Punong Barangays, have limited
capacity to administer oath. That is in
the case of the Barangay Justice
(compromise agreements entered into
by the parties in Lupon amicable
settlements). Only in that instance,
can a PB administer oath.

No fee is required to be paid for this.


PD Pablio Benitez, Jr. (Misamis ATTY. BENITEZ:
Occidental):
The grievance that you are expressing
With the advent of Hotline 8888, we right now is duly noted in my memory
were flooded with complaints for and I will have that transmitted to
inquiry. In my case for example, I the Central Office (particularly to the
Legal Service) for proper discussion
was DIRECTED by the Civil Service
and inclusion as well in the many
Commission to conduct inquiry and instances that we need to gather to
now, I am wondering why the address the problems of the entire
Commission is now directing me to DILG family.
conduct an inquiry. With this, I hope
the Central Office can answer this The problem really with fact-finding is
particular concern. really a fuselage of experience. When
you talk about fact-finding, my first
Reality on the ground is that, the action would be to ascertain the
origin (direction) or the directive to
usual subject of complaints are those
conduct fact-finding is coming. The
government officials and Office of the Ombudsman is guilty of
functionaries with whom we are this kind of misgiving or this particular
closely working with for the kind of unorthodox action.
implementation of the Departments
programs (like in cases where the Example: Office of the
MLGOOs will be the ones to conduct Ombudsman has received a complaint
against a local elective local official
the fact-finding inquiry, the
(e.g. governor, barangay, municipal
Provincial Operating Unit took the elective official or city elective
liberty of conducting the same in officials), their usual
order not to put our MLGOOs in a bad mechanism/reaction is that despite
light with these officials and the fact that the complaint was
functionaries) filed/lodged with them, such will be
referred to DILG, under the
OBSERVATION: contention that the DILG has
jurisdiction over local elective
We have good working relationships officials. From the very beginning, the
with these officials and here we are premise is already wrong/defective.
My usual response to these kinds of
conducting fact-finding inquiry on
referrals is to send it back to the
them, do note that we want an Office of the Ombudsman with an
honest to goodness investigation, opening premise that The
that is why, we request that if ever Department is bereft of any
the people on the ground will be jurisdictional competence over local
placed in an abrasive situation with elective officials- that is clear under
these officials, can the Central Office the LGC and that no particular law at
the moment that ascribes
handle some of the fact-finding
jurisdictional competence with the
inquiries especially on sensitive Department when it comes to local
issues (i.e. Narco politics etc). as elective officials.
regards complaints against local chief
executives?
Therefore, by and large, we only
get the chance to conduct an
investigation vis a vis local elective
officials if we are directed by the
Office of the President (OP), because
under A.O. 23, the DILG is constituted
as the investigating arm of the OP,
that is the only way we conduct fact-
finding investigation.

So if you have to look at it, the


DILG has really no jurisdiction over
these local elective officials and this
is one error that has been reflected or
mirrored by the public for so long a
time/period. The stark truth is, we do
not really have any authority over the
governor, mayor, and we can only
derived authority over these officials
if we are being dire
directed
directed by the OP to conduct a fact-
finding investigation. Like for
example, the Tokhang, the Narco-
politician, the Task Force Agila, who
conducts the investigation for these
matters, it is the Central Office.

Even if these agencies will invoke the


Doctrine of Primary Jurisdiction
(under Administrative Law), this
means that there are two agencies
which has jurisdiction over a
particular matter admittedly
(concurrent jurisdiction) like for
example, the Civil Service Commission
and then the DILG, both of them has
jurisdiction. It cannot be prevented
that there are times wherein
concurrent jurisdictions apply. That is
the interplay of different legislative
measures crafted by Congress.
Including the Ombudsman which also
overlaps on some matters also
concerning the Department. So, you
cannot use the Doctrine of Primary
Jurisdiction as it appears allegedly
that we (as a Department) has a
superiority or more competence
because in the first place, we do not
have that particular competence in
the Department. What I do, as the
Chief of the Trial and Investigation
Division, I return copy/ies of the
referral or if not, I refer to to the
appropriate governmental agency with
the information that it was
downloaded in favor of for example
Civil Service or the like, so the CSC
would know that the Department has
taken steps/action on the matter. But
for us to conduct the fact-finding, I
can never venture into an undertaking
that I find myself incompetent to
address it completely especially on
the matter of manpower.

Like for example, the DILG is


asked to conduct fact-finding inquiry
on fiscal matters, a subject in which
DILG personnel are not so adept in
terms of familiarity and proficiency on
the matter, thus, an undertaking
requiring a skill in numbers is
something which is most unwelcome
at least as far as this representation is
concerned. I will never allow my
people to venture into an undertaking
that I find them incompetent to
address because I know it wont be
effective/successful/relevant.
PD Bruce A. Colao (BUKIDNON) ATTY. BENITEZ:

Allow me to complicate a bit the First things first, do not treat fact-
point/query raised by PD Benitez, finding as an undertaking that should
this time in our experience in go beyond the ambit of your capacity
Bukidnon, we received a directive to or limitations, if for example, you can
never gather facts on the basis of the
conduct a fact-finding inquiry for one
existing realities because of the
Vice-Mayor in one of the limitations, you could stop from there
municipalities in my area of (i.e. because of the intervention of
responsibility, the letter-complaint the NPA, we could no longer proceed
was lodged to the OP, dowloaded it any further). The incapacity of the
to the Department, the from the Department for that
Department, further downloaded to complaint/validation should compel
another government agency which is
the Regional Office, until it reached
more adequate such as the PNP. You
our level and then, we referred it to could pass it to PNP, provided, a prior
the concerned MLGOO, the subject action/effort was already made from
of the complaint is that the VM is your part. I reiterate, do not go
involved with the activities of the beyond the limit of your capacity, just
New People s Army, how would you be honest. What is important is that
you have done something.
be able to deal in conducting the
investigation regarding this matter, Fact-finding is not a matter of
can you help us on how to go about orthodox tradition. It is not bound by
this concern Sir. the conventional rules. What is
important is to know what is the
concept of fact-finding, and that is
VALIDATION, and you can only validate
as much as you can. You can never
validate beyond the coverage of your
competence. Like for example, you
can no longer penetrate the area
because of actual hostilities there,
then it is imperative that as technical
officers, we could stop our inquiry at
that point. You may conduct interview
with people who can be as close to
such incident.

Yes, that is very much possible, but


Are we also on the right track Sir, if before stating that your security is
we refer it back to the higher level being threatened, you have to
validate it first, because that is the
stating this time in our report, the
instruction, that is the marching order
limitation of our officers on the for you- to validate.
ground, because we could not just
pass it to another agency
MLGOO of Matungao, Lanao del ATTY. BENITEZ:
Norte:

What is the implication of forum- For example, there are allegations by


shopping in the conduct of fact- the respondent wherein, he should no
finding investigation? longer be subjected to a case because
the complainant is guilty of forum
shopping. Forum shopping is that,
there are two (2) fora, which has
jurisdiction, and then the complainant
lodged his/her complaint on both fora
(thus, speculating), hoping against
hope, to have at least a favorable
treatment in one of those filed. Take
note, same complainant, same
subject-matter of the complaint,
same cause of action albeit different
agencies, or different courts, as the
case may be. You are speculating on
the fortune of litigation. If this is done
(allegations of forum-shopping), what
you should do from your end is that,
you can easily access the courts, and
check if there really is such case filed.
You can write the court to inquire, if
there really is such record pending. In
the affirmative, ask for a
Certification, that is, if you go for
records, always ask for certified true
copies, whether it is a certified
machine copy or a certified true copy,
make it your practice, that your copy
is a certified one by the agency or the
office that has custody of the records.
This should come as a matter of
instinct in our part and not as
something that we have to be
reminded about.

If I were you, I will still go to the


Court and ask if these are the sam
There is no need for me to go to the records that the Court is holding,
Courts in order to validte because because the ORDER for you is to
the same complaint was given to me validate, and that is part of the
by the Office of the Ombudsman and instruction, for you to validate.
the other was from the Sangguniang
Bayan. I have seen it personally
already, thus, going to Court to
validate it, is no longer necessary.
Mr. Ernie Sanchez (CAMIGUIN ATTY. BENITEZ:
Provincial Office):

If there is a directive from DILG- It does not fault you. The Central
Regional Office to conduct a fact- Office can appreciate it if next time ,
finding inquiry and on our part, we you can already make a
recommendation or we can provide
have already conducted the
you a format or table for that.
validation (all methodologies of
inquiry were done i.e. complainant
and respondents side were all heard
of, and then we refer it back to
DILG-RO and then on our/ my report,
I did not put any recommendation
because I did not know what to put
in it. What is the implication of just
presenting the facts sans
recommendation from our/my end?

Can I bring a tape recorder with me


the during the interview? You have to take note that you are not
to conduct an interview without being
transparent to your potential
interviewee. You then have to
translate he negative connotations of
the interview into a positive one
because it might abbreviate the
proceeding. Please avoid being
abrasive with your potential
interviewees.

Further, do not settle for a single


interview, resort to a corroboration of
interviews that could at least
validate/corroborate the allegations .

MLGOO of Medina (MISAMIS ATTY. BENITEZ:


ORIENTAL):

How are we assured of the As to the promise of confidentiality, it


confidentiality of the is not the same kind of confidentiality
recommendations we made in our that is observed in Courts but rest
assured, we will not allow the
inquiry vis a vis our succeeding stay
public to sneak into the records and
in the LGU where we are stationed? it is for internal consumption only.

Remember this, do not attempt to


violate the constitutional rights of
the person youre inquiring into.
QUERY: ATTY. BENITEZ:

If after the inquiry, the interviewee Indicate it in your report that such
refused to have his/her statements person refused to have his statements
to be made under oath, what to be sworn under oath.
should/must be done?
PD Pablio Benitez: ATTY. BENITEZ:

Regarding the inquiry report, is it An unsigned report is like a mere


necessary that the MLGOO who scrap of paper, one without value like
conducted the inquiry to sign the an unsigned pleading.
report?
The only kind of intervention is for the
Can we just submit the report Central Office to assuage that nothing
sans the signature of the MLGOO and will happen to you.
have the Regional Office sign it on
On the issue of implementation, if you
our behalf? have clarifications, you can letter-
write the Office of the Ombudsman
for clarification on how to go about
the particular ORDER (directed to you)
because this will serve as an
injunction on your part that you are
still not expected to implement the
decision because you have sought
guidance/clarification from them still,
and in most cases, the OMB is
receptive of these clarifications.

OUT OF TOPIC (MLGOO of Claveria, ATTY. BENITEZ:


Misamis Oriental)

There's a letter from the Yes, you are liable because the
Ombudsman addressed to me to letter/order is directed to you. If not
contact several personalities in my feasible within the deadline, pray for
extension of time by writing a letter
area of responsibility, will I be liable
seeking for an extension of the period
if I will not contact these given to you. Provided that your
personalities? request for extension is made PRIOR
the expiration of the period, for there
is no longer any period to extend if
done beyond it. In fairness to the
OMB, it is receptive of extensions.
Project Regarding the submission of SWA: Misamis Occidental MLGOOs were
asked for their practices as to why
Development
MLGOO Maria Corazon they are able to submit SWA:
And Cimacio:
Management Municipal Engineers are
Unit (PDMU) The Municipal Engineer is provided with load and
problematic accommodated with
Projects snacks.
CLGOO Fely Uy
Engr. Marisia Naybe:
There are times that the Mayor Suggests that they should voice
cannot sign documents out their concerns to come up
immediately. with recommendations.

MLGOO Emily Propera MLGOO Rose Chu Gitagum:

Submits needed documents to Suggests that they will be allowed


Engr. Baio but is not sure as to to rate since they already have
what happens next. prior knowledge about the
workload. Engr. Naybe agrees,
MLGOO FLORENCE WABAN considering that it was already
discussed during the Engineering
Requests for the indication in the
for Non-Engineers.
report the concerns regarding the
Engineer to be presented to the
Mayor.

Regarding the PCF Engr. Marisia Naybe:

PD Jun Benitez: Explains that the mode of funds is


from the DBM to the LGU. DILG
States that LGOO II Roy said that will base on LGUs compliance to
the funds for the first batch was Good Financial Housekeeping and
already downloaded but there was PFMAT. What was release in
no formal communication about it. February was just the list and the
release of funds is scheduled in
the first or second week of March.
It is the Mayor who will send the
communication stating that the
received funds.
0.

Prepared by:

Secretariat

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