Entrepreneurial Farmer

by ODON S. BANDIOLA

Aklan SP Enacts Rules of Procedure

(Ed’s Note: EF lends this column to a guest writer Mr. Odon S. Bandiola for this issue.)

The Aklan Sangguniang Panlalawigan now has its own rules of procedure in dispensing administrative cases filed before the body against municipal elective officials.

Through General Ordinance No. 2012 – 003, enacted during the 24th Regular Session of the SP on July 18, 2012, the provincial legislative body is now guided by its own  rules in resolving administrative cases.

Before, this body was guided by applicable provisions of the Rules of Court and by Civil Service laws, rules and regulation in the disposition of such cases.

Since Aklan Vice Governor Gabrielle V. Calizo – Quimpo became the presiding officer of the Aklan SP, four original and appealed cases were already filed with the Aklan SP.

The first was against Mayor Antonio Maming of Banga. The SP meted three months suspension but the SP decision was reversed by the Office of the President. 

A year ago, the Aklan SP junked the administrative appeal of Sylvano Sarabia against Barangay Captain Ethel Marte and Kagawad Lex Formaran of Barangay Old Buswang, Kalibo on technicality, the appeal having been filed beyond the prescriptive period.

There are still two (2) pending original administrative cases in the Aklan SP. 

The SP has already dismissed the case against Altavas Vice Mayor and certain Sangguniang Bayan members of the town of Altavas filed against them by Barangay Captain Joel Mayor of Poblacion, Altavas, Aklan. But Mayor promptly filed a Motion for Reconsideration which is yet to be resolved.

Another administrative case filed against the same set of Altavas public officials by Arturo Gregorio is still pending resolution.

The 35-page Rules of Procedure For Administrative Cases also defined the grounds for disciplinary action against elective officials and the imposable penalties in its annexes. 

Aklan Docs Sue Governor

For passing an ordinance mandating the 20 percent reduction from the total common fund of Philhealth reimbursement on professional fees of medical workers of the Aklan operated hospitals before being shared by them, Aklan Gov. Carlito S. Marquez and the Aklan Sangguniang Panlalawigan became respondents in a petition for declaratory relief filed by doctors rendering services in the provincial government hospitals.

The Special Civil Case No. 9453 is now lodged at Branch 7 of the Regional Trial Court, Aklan.

The questioned ordinance is General Ordinance No. 2012–001 enacted by the Sangguniang Panlalawigan of Aklan during its 17th Regular Session held on May 16, 2012.

It is titled, “An Ordinance Fixing The Distribution of Philippine Health Insurance Corporation (PHIC) Reimbursement on Professional Fees (PF) As Common Funds For Sharing Among Medical, Dental, Para-Medical and Non-Medical Personnel Employed And/Or Render Service At Hospitals of the Provincial Government of Aklan (PGA) After Deducting 20% From The Total Professional Fees To Be Used Solely For The Payment of Premium Contributions For Indigent Beneficiaries.

The doctor-petitioners prayed for judgment declaring General Ordinance No. 2012-001 as violative of Republic Act No. 7875 (National Health Insurance Act of 1995) and its Implementing Rules and Regulations. Likewise, it has prayed that such ordinance be declared violative of Republic Act 7305 (Magna Carta For Health Workers) and its implementing rules and regulations, and further violative of the Philippine Constitution, hence, the ordinance must be declared null and void ab initio.

On the part of the Sangguniang Panlalawigan, the doctors specifically made as respondents SP members Gerick M. Templonuevo, Nemesio P. Neron, Jean O. Rodriguez, Bob Augusto F. Legaspi and Rodson F. Mayor, having voted in favor of the passage of the questioned ordinance.

Mayor, for himself and in behalf of the other SP members has already filed an answer coupled with the motion to dismiss. /MP