DEPARTMENT OF THE INTERIOR AND LOCAL GOXPRAMENT 05"
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Diliman, Quezon City
June 28, 2004
MEMORANDUM CIRCULAR ~
Number: 2004-84 _
To : ALL DIRECTORIAL STAFF, REGIONAL DIRECTORS FOR FIRE
PROTECTION, DIVISION/ SECTION/ UNIT CHIEFS, PFMs, CFMs/
MFMs, Fire Safety Personnel/ Inspectors
SUBJECT = PROCEDURAL AND OPERATIONAL RULES OF THE
DILG-BFP SPECIAL ACTION GROUP
Pursuant to Section 4.D of Department Order Number 2004-314, dated April 22,
2004, issued by the Honorable Secretary of the Department of the Interior and Local
Government, the following procedural and operational guidelines are hereby
prescribed for the DILG-BFP Special Action Group created and organized in
accordance therewith:
RULE!
Preliminary Provisions
SECTION 1. Title. - These guidelines shall be known and cited as the Procedural
and Operational Rules of the DILG-BFP Special Action Group.
SECTION 2. Coverage. - These Rules shall apply to the organization,
administration and operation of the DILG-BFP Special Action Group (SAG) and its
operational teams, and shall govern the determination and disposition of every action
and proceeding brought before it.
SECTION 3. Suppletory Rules and Regulations. The Uniform Rules on Administrative
Cases in the Civil Service, promulgated under Resolution No. 991936 of the Civil Service
Commission, shall apply suppletorily and whenever practicable.
SECTION 4. Definition of Words and Phrases. For purposes of these Rules, the
following definitions are hereby adopted:
) Fire safety inspection personnel — refers to any personnel of the BFP assigned
to units/offices of the BFP directly and specifically tasked with the
enforcement of the Fire Code, such as but not limited to fire safety personnel,
building plan checkers, and supervising inspectors.
b) Fire safety documents - refers to the documents provided for in the Fire Code
and/or prescribed by the BFP fo be issued by the proper BFP authority to any
natural or juridical person in connection with the enforcement and
implementation of its provisions, including its rules and regulations,
implementing details and issuances, as well as the provisions of the
Memoranda of Agreement dated 01 August 1978 and 21 May 1997, such as
but not limited to Mission Order, Affer-Mission Report, Fire Safety Inspection
Cerlificate, Fire Safety Correction Sheet, Notice to ComectDeficiency/Violation, Order of Payment to Pay Taxes/Fees/Fines, and Closure
Orders.
¢) “kegularity or anomaly” in the enforcement of the Fire Code refers to any
‘act or omission by any BFP personnel in connection with the conduct of fire
safety inspection and the preparation, processing, recording, submission, and
issuance of fire safety documents, which is punishable as an administrative
and/or criminal offense.
d) Administrative offense - refers to any offense penalized under the Uniform
Rules on Administrative Cases in the Civil Service.
) Criminal offense - refers to any offense penalized under special laws, such as
but not limited to R.A.3019 (Anti-Graft and Corupt Practices Act, as
amended) and/or any felony penalized under the Revised Penal Code.
{) Doctrine of Command Responsibility - refers to the principle that a superior
officer may be held accountable for the administrative offense of "neglect of
duty if he has knowledge that a crime or offense shall be committed, is being
committed, or has been committed by his subordinates, or by others within
his area of responsibility and, despite such knowledge, he did not take
preventive or corrective action either before, during, or immediately after its
commission.”
RULE II
DILG-BFP Special Action Group
SECTION 5. Organization. - The Executive Committee constituted pursuant to
Section 4.A of DILG Department Order Number 2004-314 (hereafter the “Committee") is
responsible for the administration and operation of the DILG-BFP SAG and shall organize
its operational teams (SAG Teams) in accordance with Section 4.b] to b4 of the said
Department Order. The Committee shall act as a collegial body and shall exercise
general supervision and control over its SAG Teams.
SECTION 6. Meetings. — The Commitiee shall have regular meetings at a place,
date and time to be designated by the Chairman, but the Committee shall decide
upon the frequency of said meetings during its initial or first meeting. However, special
meetings may be held by the Committee upon call by the Chairman, Co-Chairman, or
Vice-Chairman whenever necessary and provided there is a quorum for this purpose.
The presence of at least four (4) members shall constitute a quorum.
SECTION 7. Powers and Functions. - Except for the authority expressly and solely
vested upon the Chairman, the powers and functions enumerated in Section 5 of the
aforesaid Department Order and vested upon the SAG shall be exercised by the
Committee through Resolution voted upon and passed by it for said purpose. The
affirmative vote of the majority of the members present there being a quorum shall be
necessary for the adoption of any resolution.
RULE Ill
SAG TEAMS
SECTION 8. Organization. - The SAG shall have four (4) operational teams to be
known as SAG Teams, grouped into two (2) shifts, each team composed of one (1)
representative each from FSED, IAS-NO, DILG, and/ or such other offices as may be
deemed necessary.
ySECTION 9. Activation. - The Chairman shall activate the SAG Teams by issuing
the appropriate orders designating the representatives from the FSED, IAS-NO, and DILG
upon recommendation by their respective chiefs of office. Additional members from
other offices may be designated also upon the recommendation of the Committee.
SECTION 10. Powers and Functions. - Each SAG Team shall have the powers and
functions vested upon it by Section 5.C of the aforesaid Department Order, including
those specified and provided hereunder pertinent and necessary for the fulfillment of its
mandated task.
SECTION 11. Deployment. - The deployment of the SAG Teams to undertake the
fact-finding investigation on any complaints, questions/ appeals or reports of
iegularity/anomaly in the enforcement of the Fire Code shall be through the issuance
of @ Mission Order from the Chairman or, in his absence, his duly designated
representative who must be a member of the Committee.
RULE IV
INITIAL ACTIONS ON COMPLAINTS.
SECTION 12. Complaints. - The complaints or reports to be acted upon by the
SAG shall be classified either as Fire Code Matters or Personnel Matters, using the
definition provided under Section 3, of the aforesaid Department Order, to wit:
“Fire Code Matters - pertains to the compliance of
owners/administrators/occupants with fire safety standards and questions/appeals
Pertaining to the provisions of the Fire Code (PD 1185) and its implementing rules and
regulations.”
“Personnel Matters - refers to relevant/proper actions leading to the
determination of possible involvement or collusion of BFP members in
committing/engaging in nefarious activities, such as but not limited to endorsing/selling
directly or indirectly or posing as an agent of fire protection equipment and
appliances."
SECTION 13. Fire Code Matters. - The Committee may immediately take
cognizance of any complaint or report classified as Fire Code Matters, or may refer the
same for initial evaluation by the Chief, FSED. In case the Chief, FSED has determined
that the complaint or report simply involves a question/ appeal as to the proper
interpretation of the provisions of the Fire Code, or raises issue on the procedure
adopted for its enforcement, which can be clarified through the existing processes in
the BFP without need of deploying the SAG Team to conduct its investigation, he shall
so inform the Committee by submitting a written report embodying his findings and
indicating therein the appropriate course of action to be taken by the concerned
office of the BFP. However, in the event that the Chief, FSED has determined that the
‘complaint or report involves irregularity in the enforcement of the Fire Code by the fire
safety personnel, he shall forthwith inform the Committee and shall recommend the
FSED representative who shall be designated as Team Leader of the SAG Team that
shall be deployed to conduct its investigation.
SECTION 14. Personne! Matters. - The Committee may immediately take
cognizance of any complaint or report classified as Personne! Matters, or may refer the
same for initial evaluation by the Chief, IAS-NO. In case the Chief, IAS-NO has
determined that the complaint or report is sufficient both in form and substance and
may be acted upon by his office in accordance with the Uniform Rules on
Administrative Cases in the Civil Service without the need of deploying the SAG Team to
Conduct its investigation, he shall so inform the Commitiee by submitting a written
report embodying his findings and indicating therein that he can acquire jurisdiction
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