Quezon City, Metro Manik

SIXTEENTH CONGRESS,
%,

ANG
Second Regular Session \S,e",,

4693 Ss

House Bill No.

Introduced by Rep. EVELIO R. LEONARDIA

EXPLANATORY NOTE

To initiate a criminal complaint is subject to prescription. Criminal offenses covered
by the conciliation proceedings before the Barangay Lupon requires a shorter period to
prescribe while suspension of the prescriptive period pending conciliatory proceedings is
provided by the Local Government Code. In many instances, the simple issuance by the
Barangay Lupon or any responsible official of the Barangay for that matter is ordinarily
overlooked, thus, the lapse of the filing of the criminal complaint to the prejudice of justice.
Thus, there is the need to impose sanctions on such failure by the Barangay Official
concemed to encourage diligence in such public service and to fortify the administration of
justice

As such, the approval of this Bill is earnestly sought

ee

REP. EVELIO R, LEONARDIA
‘Lone District, Bacolod City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 4633

Introduced by Rep. EVELIO R. LEONARDIA

ANACT
AMENDING REPUBLIC ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991 BY ADDING SECTION 410 (C-1) ON CHAPTER
Vil (KATARUNGANG PAMBARANGAY) IN PROVIDING PENALTIES IN
VIOLATION OF OFFICIAL DUTY UNDER SECTION 410 (b) and (c) THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. CHAPTER VII entitled “Katarungang Pambarangay” provided
in R.A. 7160, otherwise known as the Local Goverament Code of 1991, shall be added
the provision as follows:

Section 410 (C-1). Omission of Conciliation Proceedings by Barangay Officials
and Other Acts — the Lupon Chairman, the Pangkat Secretary, the individual members
of the Lupon, or any Barangay Official charged with the duty of initiating, conducting,
or hearing the mediation, conciliation, or arbitration proceedings shall, upon
conviction, be punished by a fine of not less than one thousand pesos (P1,000.00) nor
more than five thousand pesos (P5,000.00) , or by imprisonment of not less than one (1)
month nor more than six (6) months, or both such fine and imprisonment, at the
discretion of the court, when there is the willful, intentional, or negligent failure to
perform any of the following duty as follows:

(a) To issue or cause to summon the parties for mediation proceedings, or to
constitute the Pangkat in accordance with the provision of Chapter VII of the
Local Government Code;

(b) By allowing or causing to lapse the 60-day period of interruption of the
prescriptive period of offenses as provided for in Section 410 ( ¢ ) without the
issuance of the Certification to File Action after demand in writing is made
by the complainant or any aggrieved party;

Provided further, that the criminal penalty under this provision is without
prejudice to the imposition of administrative sanctions by any other duly constituted
authority pursuant to other applicable laws.



XXXXXX

SECTION 2. Separability Clause. — If any provision of this Act is declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall
continue to be in full force and effect.

SECTION 3. _ Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with any provision of this Act as hereby amended or modified accordinaly.

SECTION 4. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved,