SPPR NO. 2013- _____

WHEREAS, Section 391 (16) of Republic Act 7160, otherwise known as the Local Government Code of 1991, provides for the organization of community brigades, tanods or community service units as may be necessary. The State recognizes the integral role of Barangay Tanod in governance and maintenance of peace and security at the barangay level;

WHEREAS, Section 2 of E.O. 366, Series of 1996 issued by then President Fidel V. Ramos on September 5, 1996, provides for “…Organizing the Barangay Peace and Order Committee as the Implementing Arm of the City / Municipal Peace and Order Council at the Barangay Level”, as amended by E.O. No. 773, Series 739, Series of 2009, issued by then President Gloria M. Arroyo on January 5, 2009, entitled “Further Reorganization of the Peace and Order Council”;

WHEREAS, Section 2 of E.O 546, Series of 2006 issued by then President Gloria M. Arroyo on July 14, 2006, entitled “Directing the Philippine National to Undertake Active Support to the Armed Forces of the in Internal Security Operations for the Suppression of Insurgency and Other Serious Threats to National Security, Amending Certain Provisions of Executive Order No. 110 Series of 1999 and For Other Purposes”, authorizes the PNP to deputize the Barangay Tanods as force multipliers in the implementation of the security plan in the area;

WHEREAS, Section 3 of E.O. No. 546, Series of 2006 provides that the Department of Interior and Local Government shall exert efforts in securing and institutionalizing funding support from Local Government Units. For this purpose, governors and mayors, as deputized representatives of the National Police Commission in their respective territorial jurisdiction, and in relation to their sworn duty to implement Section 16 of the Local Government Code, shall ensure that sufficient funds shall be appropriated in their annual budget for the operational and logistical support of the concerned PNP units for the implementation of this Executive Order;

WHEREAS, Section 4 of E.O. No. 546 provides that the Local Chief Executives, in coordination with the Local Peace and Order Councils, shall include in the integrated area/Community Public Safety Plan of their respective city/municipality, the priority program of action/thrust in resolving the insurgency and other serious threats to national security and ensure appropriation thereof for effective implementation of this Executive Order;

WHEREAS, the Department of the Interior and Local Government thru Secretary Jose D. Lina, Jr., issued Memorandum Circular No. 2003-42 on March 10, 2003, provides for the “Guidelines on Professionalizing the Barangay Tanod” with the primordial concern of making these Barangay Tanods as agents for peace and development consistent to the thrust of the present administration towards building a strong republic;

WHEREAS, the Department of the Interior and Local Government thru the recommendation of Undersecretary Alipio F. Fernandez approved by Jose D. Lina Jr., issued Memorandum Circular No. 2003-91 on April 29, 2003, providing for additional “Barangay Tanod Training and Mobilization Monitoring Guidelines” with regard to the conduct of Barangay Tanod Training Course, in reference to Memorandum Circular No. 2003-43 issued by DILG Secretary Jose D. Lina, Jr. on March 10, 2003, ordering the “Conduct of Training in the Barangay Tanod Professionalization Program” to capacitate all the stakeholders and volunteers to ensure and effective implementation of the program;

WHEREAS, the maintenance of peace and order is recognized as a key factor in the continued development process of every locality and the present challenges on peace and order situation in the locality is pressing. The ideal ratio of policemen to population is 1:500,

1 | Page interpreted as one (1) police is to five hundred (500) people. However, in reality, the ratio is 1:1,508, interpreted as one (1) police is to one thousand five hundred eight (1,508) people;

WHEREAS, the Barangay Tanod has become a pillar in the barangay government affairs, and the Barangay Tanod members have been the visible community officials that provide direct and round-the-clock services in the barangays in the maintenance and preservation of peace and order. The Barangay is the smallest political unit in the country, but is without doubt the most significant in reaching out to the public and responding to immediate parochial needs.

WHEREAS, as of 2013, there are a total of twenty six (26) barangays and five hundred thirty one (531) in the City of General Santos;

WHEREAS, there is a total of four hundred four (404) Barangay Tanods in the City of General Santos City. The average compensation per month is Two Thousand Two Hundred (Php2,200.00), the highest of which is Five Thousand Pesos (Php5,000.00) and the lowest is Three Hundred Pesos (Php300.00). In addition, the Barangay Tanods are receiving Three Hundred Pesos (Php300.00) monthly honorarium, released quarterly by the Department of Interior and Local Government;

WHEREAS, a specialized Task Force composed of Barangay Tanod members shall be organized and institutionalized to fight against crime and lawlessness, in cooperation with the Philippine National Police, to eradicate, or at least significantly reduce crime rate at the barangay level;

NOW, THEREFORE, on motion of City Councilor Franklin M. Gacal, Jr., duly seconded by City Councilor(s) ______, be it –

RESOLVED, as it is hereby resolved, to enact this Ordinance.

AN ORDINANCE INSTITUTIONALIZING BARANGAY TANODS TO COMPOSE THE GENSAN AGAINST CRIME AND LAWLESSNESS TASK FORCE, PROVIDING FUNDS THEREOF FOR ITS OPERATION, AND FOR OTHER PURPOSES ------HON. FRANKLIN M. GACAL, JR - Author ------

Be it ordained by the of the City of General Santos City assembled.

Section 1. TITLE. – This ordinance shall adopt the title, “AN ORDINANCE INSTITUTIONALIZING BARANGAY TANODS TO COMPOSE THE GENSAN AGAINST CRIME AND LAWLESSNESS TASK FORCE AND PROVIDING FUNDS THEREOF FOR ITS OPERATION”.

Section 2. DECLARATION OF POLICY. – It is the declared policy of the State to promote and enhance the efficiency and responsiveness of barangay officials, including Barangay Tanods. Barangay Tanods duly created under the Local Government Code of 1991, has an indispensable role in barangay government specifically in the maintenance and peace and order and the promotion of public safety within the barangay.

Section 3. MANDATE. – as an offshoot of institutionalizing the barangay tanods, there is hereby created the Gensan Against Crime and Lawlessness Task Force to serve the purpose further elaborated in this Ordinance.

Section 4. OBJECTIVE. - This Ordinance specifically aims to:

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a.) Provide the people of General Santos a greater sense of security thru the institution of Barangay Tanods as legitimate “force multipliers”, in unison with the role of the PNP and Military Personnel, devoted to the maintenance of peace and order within the various Puroks in each Barangay, and as a whole, the entire City of General Santos;

b.) Provide an enhanced grassroots level of awareness in matters of security and public safety;

c.) Provide a venue for empowerment among the barangay constituents, particularly barangay tanods in the common drive of promoting a responsive community against crime and lawlessness, hence, the title of this Ordinance; and

d.) Provide adequate welfare for barangay tanods in order for them to play an efficient and active role in the community;

Section 5. DEFINITION OF TERMS. – For purposes of this Ordinance, the following terms shall mean:

a.) Barangay – the basic political unit, which serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and disputes may be amicably settled.

b.) - refers to the community or households found within the barangays.

c.) Barangay Tanod - refers to a brigade or body composed of civilian volunteers, duly created at the barangay level, assisting the barangay officials in the exercise of its law enforcement function specifically in maintaining peace and order and promotion of public order and safety in the barangay.

d.) Barangay Tanod Member – refers to a civilian volunteer, duly appointed by the , which shall number not more than twenty (20) in each barangay, who composed the Barangay Tanod.

Section 6. BARANGAY TANOD MEMBER, APPOINTMENT / TERM OF OFFICE / REMOVAL AND TERMINATION. – A Barangay Tanod member shall be appointed by the Punong Barangay upon recommendation of the Barangay Peace and Order Committee (BPOC), which may be renewed unless earlier revoked for a valid cause by the law or order creating the Barangay Tanod. Renewal of appointment shall require favorable recommendation of the BPOC.

Section 7. TASK FORCE, QUALIFICATION REQUIREMENTS. - Task Force applicant shall undergo a rigid screening process, including but not limited to the requirement of undergoing drug testing and neuro-psychiatric examination in accordance with the Dangerous Drug Act, as mandated by Local Ordinance No. 15, Series of 2003.

Section 8. TASK FORCE, COMPOSITION AND SELECTION. – The Task Force shall be composed of two (2) Barangay Tanod members from each purok, but shall not exceed twenty (2) per barangay. The Task Force members shall be selected and appointed by the City Mayor upon the recommendation of the respective Barangay Chairperson, and recommending

3 | Page approval of the SP Chairman on the Committee on Peace and Order (CPOC), or its equivalent, for a term of three (3) years, unless earlier revoked for a valid cause by the law.

Section 9. TASK FORCE, DUTIES AND RESPONSIBILITIES. - The Task Force members shall undergo extensive training program to function, as enumerated, aside from their regular functions as Barangay Tanod members:

(a) Implement peace and order programs and projects at the barangay level; (b) Maintain close coordination with the BPOC and CPOC; (c) Prepare a report on prevailing peace and order situation in their area of responsibility to be submitted to the Barangay Peace and Order (BPOC) which shall make a summary thereof and thereafter, submit a report to the City Peace and Order Council (BPOC); (d) Conform to the Code of Conduct of a Government Employee and shall be models of law- abiding public servants. (e) Recommend measures for the continual improvement in the implementation of peace and order programs (f) Perform such other functions as may be assigned by the BPOC and/or CPOC.

Section 10. SUPERVISION / MONITORING / EVALUATION. – The Barangay Peace and Order Council shall have the authority to supervise their respective Task Force members during the time of crises and other activities. The BPOC shall continually monitor and evaluate the Task Force members and their respective activities, and consequently submit reports to the CPOC on a regular basis.

Section 11. SOURCE OF FUND. – Funds necessary to defray honorarium and other necessary budget allocation shall be taken from any appropriate Local Government Unit fund, subject to availability.

Section 12. MONTHLY HONORARIUM. – All duly-appointed members of the Task Force shall be granted an honorarium during their incumbency, in the amount of Five Hundred Pesos (Php500.00) per month.

Section 13. OTHER ALLOCATION OF FUNDS. – There shall be additional allocation for relevant projects and/or activities of the Task Force, upon request of the Barangay, subject to standard accounting and auditing procedures.

Section 14. REPEALING CLAUSE. All other ordinances, resolutions, memoranda, orders and other issuances inconsistent with this Ordinance are hereby repealed accordingly.

Section 15. SEPARABILITY CLAUSE. If for certain reasons some provisions of this Ordinance are found to be invalid or unconstitutional, all other provisions hereof not affected shall remain in full force and effect.

Section 16. EFFECTIVITY CLAUSE. This Ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within the City of General Santos.

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