City Ordinance No. 530 - Bacolod City
City Ordinance No. 530 - Bacolod City
City Ordinance No. 530 - Bacolod City
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I<br />
REPUBLIKA NG PIL1PINAS<br />
TANGGAPAN NG SANGGUNIANG PANLUNGSOD<br />
LUNGSOD NG BAKOLOD<br />
-0O0-<br />
C1TY ORDINANCE NO. <strong>530</strong><br />
February 95 2011<br />
AM ORDINANCE ESTABLISHING THE BACOLOD CITY KATARUNGANG<br />
PAMBARANGAY SUPPORT PROGRAM AND APPROPRIATING FUNDS THEREOF.<br />
WHEREAS, The New Local Government Code provides that the city shall be<br />
responsible for the implementation of the Katarungang Pam barangay in all the barangays<br />
within its area of jurisdiction, and to provide funds to support the same;<br />
WHEREAS, the Katarungang Pambarangay is one of the most effective and<br />
efficient mechanism that helps decongest the dockets of our courts, as it tries to settle all<br />
disputes in the barangay level, and to do all means in order to avoid litigation;<br />
WHEREAS, if has promoted peace and harmony among aH the residents and<br />
neighbors in the community as the methods used is settling disputes amicably;<br />
WHEREAS, equipping our Lupon Tagapamayapa members of the knowledge and<br />
training, will help them more to be an effective medium in settling disputes and conflicts<br />
among residents in the barangay;<br />
THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod of the <strong>City</strong> of<br />
Bacoiod, that:<br />
SECTION 1. - TITLE. This resolution shall be known as "KATARUNGANG<br />
PAMBARANGAY SUPPORT PROGRAM OF BACOLOD ORDINANCE";<br />
SECTION 2. - SCOPE OF ORDINANCE. - This ordinance shall cover all the<br />
programs relative to the implementation of the Katarungang Pambarangay Law in all the<br />
sixty one (61) barangays of <strong>Bacolod</strong> Cily.<br />
SECTION 3. - DEFINITION OF TERMS. - As used in this <strong>Ordinance</strong>:<br />
a) Katarungang Pambarangay Advisory Council or BaKPAC shall refer to<br />
the council that will implement pfans and programs and provide support<br />
and advice for the effective and efficient implementation of this<br />
ordinance
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong> <strong>530</strong><br />
February 9, 2011<br />
Page 2<br />
b) Katarungang Pambarangay - shall refer to the system of amicable<br />
settlement of disputes at the barangay level without judicial recourse as<br />
provided for by P.D 1503 and the New I oca! Government Code<br />
c) Lupon Tanapamapayapa - is a body organized in every Barangay<br />
composed of the Punonq Barangay as Chairman and ten HO) to twenty<br />
(20) members<br />
d) Lupon Chairman - Punong Barangays acting as the head of the Lupon<br />
Tagapamayapa<br />
e) Lupon Members - Those not iess than ten (10) nor more than twenty<br />
(20) appointed by the Punonq Barangays to serve in the Lupon<br />
Tagapamayapa<br />
f) Lupon Secretary - Barangay Secretaries acting as the secretary of the<br />
Lupon Tagapamayapa shall be known as such.<br />
g) Member of Good Standing- <strong>No</strong> conviction of cases involving mora!<br />
turpitude or penalty not iess than one (1) year.<br />
SECTION 4. - BACOI OH KATARUNGANG PAMBARANGAY ADVISORY<br />
COUNCIL fBaKPAC). - There shall be created an advisory and support body to be<br />
known as the <strong>Bacolod</strong> Katarungang Pambarangay Advisory, and to be composed of the<br />
following:<br />
a) Chairman - <strong>City</strong> Mayor<br />
b) Vice Chairman - SP Chairman of the Committee on Laws and<br />
<strong>Ordinance</strong>s.'<br />
c) Member - DILG <strong>City</strong> Director<br />
d) Member - President of the Liga ng mga Barangay or his/her<br />
representative<br />
e) Member - <strong>City</strong> Legal Officer<br />
f) Member — President of the IBP local chapter or his/her representative<br />
g) Member - Executive Judge or his/her representative
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. <strong>530</strong><br />
Februarys, 2011<br />
h) Member - <strong>City</strong> Prosecutor or his/her representative<br />
Pane 3<br />
i) Member - President of the Lupon Tagapamayapa Federation<br />
j) Two (2) Members - at ieast two (2) members from the academe or law<br />
schools to be appointed by the <strong>City</strong> Mayor<br />
k) Two (?) Members - at least two (2) members from the private sector or<br />
(MGOs and POs, to be appointed by the <strong>City</strong> Mayor<br />
SECTION S. - POWERS AND DUTIES OF THE COUNCIL. - The Council has the<br />
following powers and duties:<br />
a) Shall be responsible for the formulation and implementation of the<br />
annual training program for ail the Lupon Taqapamapayapa members<br />
in sixty one (61) barangays;<br />
b) Shall prepare and submit, upon the recommendation of the Barangay<br />
Secretary in each barangay, ail the list of qualified Lupon<br />
Tagapamayapa Members, for the allocation of the Honorarium:<br />
c) Shall conduct an annual competition of the Most Outstanding Lupon<br />
Tagapamayapa and Lupon Members;<br />
d) Shall prepare the annua! budget of BaKPAC, to be submitted to the<br />
Office of the <strong>City</strong> Mayor:<br />
e) Shall be responsible for the formulation of various legai opinions and<br />
updates in the various laws and jurisprudence that affect the KP law;<br />
f) Shall resotve ali Segal queries and inquiries and be responsible for<br />
giving legal advice, through any council member who is a lawyer; and<br />
g) Shall be responsible for ail other programs and activities that will<br />
enhance the capabilities, knowledge and expertise of the Lupon<br />
Tagapamayapa members<br />
SECTION 6. - HONORARIUM. - A The I upon Secretary and every Lupon<br />
Tagapamayapa member is entitled to receive a monthly honorarium chargeable to the<br />
Barangay funds, depending on the availability of funds which such amount shall be<br />
determined by the Sangguniang Barangay and provided that he/she possesses the<br />
following qualification:
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong> <strong>530</strong><br />
February 8, 201!<br />
He/She must be a I upon Member of good standing;<br />
Page 4<br />
He/She must have undergone the Basic Training for Katamngang<br />
Pambarangay:<br />
c He/she must be of good mora! character:<br />
He/she must be an active member of the I.upon Tagapamayapa in<br />
his/her barangay.<br />
B. The Lupon Chairman shall be entitled also for an honorarium which shall be<br />
determined by the Sanqguniang Barangay, depending on the availability of funds.<br />
SECTION 7. - KATARUNGANG PAMBARANGAY JOURNAL - The Council<br />
shall release a quarterly journal that will include latest jurisprudence, laws and opinions<br />
that are relevant to the advancement of the implementation of the Katamngang<br />
Pambarangay Law.<br />
SECTION 8. - LEGAL ADVICE. - The Lupon Chairman or any member of the<br />
Lupon or Pangkat may, whenever he deems if necessary in the exercise of his powers or<br />
in the performance of his functions and duties under the Katamngang Pambarangay Law,<br />
may seek an advice from the BakPAC through any Sawyer-member thereof.<br />
SECTION 9. -TRAINING AND SEMINAR - The council shall be responsible for<br />
the regular (raining and seminar of at! Lupon Chairmen, Lupon Secretaries and Lupon<br />
members in order to equip them the necessary skills and knowledge in settling conflicts<br />
and disputes, including the iatest jurisprudence regarding KP Law.<br />
SECTION 10. - LUPON MEMBERS BEING PERSONS IN AUTHORITY - Ail<br />
Lupon Chairmen and Lupon Members are considered as Persons in Authority while they<br />
are in the performance of their function, as provided for under Art. 152 of the Revised<br />
Penal Code.<br />
SECTION 11. - INCENTIVES. - the BAKPAC shall formulate a system of granting<br />
incentives to Barangays who had successfully solved cases that did not reach the courts<br />
and that the Lupon members will do their best in solving cases at their level<br />
SECTION 12. - APPROPRIATION. - An appropriation of One Million Frve<br />
Hundred Thousand Pesos (P1, 500,000.00) is hereby set aside for the full implementation<br />
of this ordinance.
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. <strong>530</strong><br />
Februarys, 2011<br />
Page 5<br />
The said appropriation shail be taken from the AiP, which shall be included therein<br />
as an automatic appropriation.<br />
The formula of distributing the appropriation shall be, the forty-one (41) Urban<br />
barangays will get 30% of the appropriation, the twenty (20) Rural Barangays wiil also get<br />
30% of it, and the remaining 40% wilt be used for the seminars, trainings, publication of<br />
journals and other administrative matter.<br />
The funding shall be used directly for allowances of I upon Members.<br />
SECTION 13. - FILING FEES. The Barangay could collect filing fees for every<br />
complaint riled, which such amount shall be determined by the Sangguniang Barangay<br />
and unless there is no such provision, an amount of twenty-five pesos (Php 25. 00) shall<br />
be the filing fee.<br />
SECTION 14. - SEPARABILITY CLAUSE. - If any provision of this ordinance or<br />
the application thereof, to any person or circumstances is held invalid, the remainder of<br />
this ordinance and the application of such provision to other persons or circumstance shall<br />
not be affected thereby;<br />
SECTION 15. - REPEALING CLAUSE. - All ordinances, rules and regulations or<br />
portion thereof, inconsistent with this ordinance are hereby repealed, amended and/or<br />
modified accordingly<br />
SECTION 16. - EFFECTIVITY CLAUSE. - This resolution shall take effect upon its<br />
approval.<br />
CARRIED BY THE VOTE OF:<br />
Affirmative:<br />
Councilors : Homer Q. Bais, Roberto M. Rojas, Em L. Ang, Al Victor A.<br />
Espino, Caesar Z. Distrito, Mona Oia G. Jardin.<br />
Negative: Councilors Archie S. Baribar, Catalino T. Alisbo, Elmer T.<br />
Sy and Sonya rVi. Verdeflor.<br />
Abstention: Councilor E! Cid M. Familiaran.<br />
Official Leave: Councilors Dindo C. Ramos. Carlos Jose V. Lopez and<br />
Keith Emmanuel L. Ramos.
<strong>City</strong> <strong>Ordinance</strong> <strong>No</strong>. <strong>530</strong><br />
February 9, 2011<br />
ATTESTED:<br />
Absent :<br />
Main Author :<br />
Co-Author:<br />
Passed :<br />
Comments:<br />
<strong>No</strong>ne.<br />
Councilor Caesar Z. Distrito.<br />
Councilor Em L Ang.<br />
Page 6<br />
Februarys, 2011 (32Regular/Special Session).<br />
Passed<br />
ATTY. NH'O T^l/EJANORINO<br />
Secretary to the Sanggunian<br />
APPROVED: February2010 EVELIO R. LEONARD!A<br />
<strong>City</strong> Mayor -ft-<br />
NTA/HPL/j'te<br />
SP<br />
LEGISLATIVE SERVICES SECTION