Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ‘A. Francisco Gold Condominium Il, EDSA, Diliman, Quezon City OFFICE OF THE SECRETARY March 4, 2011 MEMORANDUM CIRCULAR NO, 2011-34 To : ALL PROVINCIAL GOVERNORS, VICE GOVERNORS, CITY MAYORS, CITY VICE MAYORS, MUNICIPAL MAYORS, MUNICIPAL VICE MAYORS, SANGGUNIAN MEMBERS AT ALL LEVELS, AND DILG REGIONAL DIRECTORS SUBJECT =: DISCIPLINARY ACTIONS ON ABSENTEEISM AND NEGLIGENCE OF LOCAL OFFICIALS Reports have reached this Department relative to the chronic absenteeism of certain local officials to the prejudice of public service. In this connection, attention is invited to the provisions of the Local Government Code, particularly Section 60 (c) and (f), and Section 50 (a) and (b) (5), thereof, quote: Section 60. Grounds for Disciplinary Actions. - An elective local official may be disciplined, suspended or removed from office on any of the following grounds: (c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; (f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay; Section 50. Internal Rules of Procedure.- (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sanggunian concerned shall adopt or update its existing rules of procedure. (b) The rules of procedure shall provide for the following: (5) The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled... (emphasis supplied)Attention is likewise invited to Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, particularly Section 4 (a) and (b) thereof which provide, quote: Section 4. Norms of Conduct of Public Officials and Employees (a) Commitment to public interest.- Public officials and employees shall always uphold the public interest over and above personal interest... (b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. (underscoring supplied) Further, pending the investigation of a complaint on absenteeism, negligence or dereliction of duty, preventive suspension may be imposed pursuant to the provisions of Section 63 of the Local Government Code: (1) By the President, if the respondent is an elective official of a province, a highly urbanized or an independent component city; (2) By the Governor, if the respondent is an elective official of a component city or municipality; or (3) By the Mayor, if the respondent is an elective official of the barangay. Meanwhile, should the members of the sanggunian concerned, where the absentee member belongs, determine that the latter has incurred absences in four consecutive sessions, the enforcement of their respective internal rules of procedures vis-a-vis Section 50 of the Local Government Code is hereby strongly encouraged, subject to the observance of due process. Relative thereto, all concerned local chief executives are enjoined to: 1. Hold public office at the established seat of government, i.e., Municipal Hall, City Hall or Provincial Capitol (Section 444, 454 and 464, Local Government Codes); 2. Render full time service, devote time and attention to the performance of official duties, disengage from practicing professions, and refrain engaging in any occupation other than the exercise of functions as Provincial Governor, City Mayor or Municipal Mayor (Section 90, Local Government Code); and 3. Set example in commitment to public service, and in advancing the primacy of public interestAIL DILG Regional Directors are hereby directed to: 1. Cause the immediate and widest dissemination of this Memorandum Circular to all Provincial Governors, Provincial Vice Governors, City Mayors, City Vice Mayors, Municipal Mayors, Municipal Vice Mayors and members of the Sanggunians at all levels in the region; 2. See to it that the intent of this Circular is effectively communicated and is understood by local officials; and 3. Monitor compliance of local authorities to legal mandates cited above and to this Circular. This Memorandum Circular shall take effect immediately. JESSE M, ROBREDO “Secretary SILG11-01917 OTE