eLegis Sangguniang Panlungsod ng Olongapo

27 July 2016

ORD 2016 O-19 TEMPORARILY CLOSING THE WHOLE OF OLD HOSPITAL ROAD, BARANGAY EAST TAPINAC, UP TO THE END OF ELICAÑO BRIDGE, EAST BAJAC-BAJAC, AND UP TO THE END OF 16TH STREET CORNER DELA CRUZ DRIVE EXTENSION, EAST TAPINAC, OLONGAPO CITY, TO TRAFFIC STARTING JULY 11, 2016 UP TO JULY 10, 2017, TO PAVE WAY FOR THE INFRASTRUCTURE DEVELOPMENT ACTIVITIES AT THE OLONGAPO CITY CIVIC CENTER COMPLEX

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION  (INAUGURAL SESSION) OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JULY 07, 2016 AT THE CITY HALL.

PRESENT:
           
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - -City Vice-Mayor & Presiding Officer
Hon. Sarah Lugerna Lipumano-Garcia - - - - -City Councilor
Hon. Benjamin G. Cajudo II - - - - - - - - - - - -City Councilor
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - -City Councilor  
Hon. Eduardo G. Guerrero  - - - - - - - - - - - - -City Councilor
Hon. Alreuela M. Bundang-Ortiz - - - - - - - - -City Councilor     
Hon. Edna A. Elane   - -  - - - - - - - - - - - - - - -City Councilor
Hon. Emerito Linus D. Bacay  - - - - - - - - - - -City Councilor
Hon. Eduardo J. Piano- - - - - - - - - - - - - - - - -City Councilor
Hon. Basilio D. Palo - - - - - - - - - - - - - - - - - -City Councilor
Hon. Jerome Michael S. Bacay - - - - - - - - - - -City Councilor
            Hon. Randy C. Sionzon   - - - - - - - - - - - - - - -President, Liga ng mga Barangay
Hon. Egmidio M. Gonzales, Jr.  - - - - - - - - - -Indigenous Peoples Mandatory Representative

ABSENT:

            None.                                                              
   

            WHEREAS, the Olongapo City Civic Complex, an area of about thirty eight thousand three hundred eighty three square meters (38,383 sq. m.)  located at Barangay East Tapinac will be subject to further development, (such as demolition, construction and other activities) where infrastructure and other investments to bolster economic activity will be in place;

            WHEREAS, a measure temporary closing the said area is necessary to implement the said activities;

            NOW, THEREFORE,  on motion of City Councilor Emerito Linus D. Bacay, with the majority decision of the Members of the Sangguniang Panlungsod present,


ORDINANCE NO. 19
(Series of 2016)

AN ORDINANCE TEMPORARILY CLOSING THE WHOLE OF OLD HOSPITAL ROAD, BARANGAY EAST TAPINAC, UP TO THE END OF ELICAÑO BRIDGE, EAST BAJAC-BAJAC, AND UP TO THE END OF 16TH STREET CORNER DELA CRUZ DRIVE EXTENSION, EAST TAPINAC, OLONGAPO CITY, TO TRAFFIC STARTING JULY 11, 2016 UP TO JULY 10, 2017, TO PAVE WAY FOR THE INFRASTRUCTURE DEVELOPMENT ACTIVITIES AT THE OLONGAPO CITY CIVIC CENTER COMPLEX, SUBJECT TO PERTINENT LAWS

            BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

            SECTION 1.  The whole of  Old Hospital Road, Barangay East Tapinac, up to the end of   Elicaño Bridge, East Bajac-Bajac, and up to the end of 16th Street corner Dela Cruz Drive Extension, East Tapinac,  shall be declared temporarily closed to traffic starting July 11, 2016 up to July 10, 2017.


Con’t. of Ordinance No. 19, Series of 2016.

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            SECTION 2.  The above-mentioned temporary closure is with regard to the conduct of construction activities, to include its preparatories such as but not limited to demolition and others.

            SECTION 3.   Re-routing of vehicles to be outlined by the Office of the Traffic Management and Public Safety is necessary during the said closure.
           
            SECTION 4.  This Ordinance shall take effect upon its approval.

APPROVED, July 07, 2016.

                                        
AQUILINO Y. CORTEZ, JR.
City Vice-Mayor & Presiding Officer


  SARAH LUGERNA LIPUMANO-GARCIA                        BENJAMIN G. CAJUDO II
                          City Councilor                                                           City Councilor
                                                                                                                                                                                                                                                                                             
                   NOEL Y. ATIENZA                                             EDUARDO G. GUERRERO                 
                        City Councilor                                                                           City Councilor             
                                                                                               
   
       ALREUELA M. BUNDANG-ORTIZ                                       EDNA A. ELANE
                       City Councilor                                                              City Councilor    
                                               
                                                                                              
            EMERITO LINUS D. BACAY                                      EDUARDO J. PIANO                     
                     City Councilor                                                                   City Councilor
                                                                                                            (opposed)
                                                                                   
                                                                                                                                         
                    BASILIO D. PALO                                            JEROME MICHAEL S. BACAY
                        City Councilor                                                              City Councilor               


                RANDY C. SIONZON                                              EGMIDIO M. GONZALES, JR.
        President, Liga ng mga Barangay                   Indigenous Peoples Mandatory Representative               
                                   
ATTEST:

                         MILDRED C. MONJE
                      Temporary Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON________________________________.



                                                                                    ROLEN C. PAULINO
                                                                                                City Mayor
ATTEST:

                    SHEILA R. PADILLA

                  Secretary to the City Mayor

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ORD 2016 O-21 ORDINANCE AMENDING ORDINANCE NO. 18, SERIES OF 2014 BY SCRAPPING THE GARBAGE COLLECTION FEES FOR ALL RESIDENTIAL BUILDINGS IN A MANNER CONSISTENT WITH LAWS

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION   OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JULY 27, 2016 AT THE CITY HALL.

PRESENT:
           
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - -City Vice-Mayor & Presiding Officer
Hon. Sarah Lugerna Lipumano-Garcia - - - - -City Councilor
Hon. Benjamin G. Cajudo II - - - - - - - - - - - -City Councilor
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - -City Councilor  
Hon. Eduardo G. Guerrero  - - - - - - - - - - - - -City Councilor
Hon. Alreuela M. Bundang-Ortiz - - - - - - - - -City Councilor     
Hon. Edna A. Elane   - -  - - - - - - - - - - - - - - -City Councilor
Hon. Emerito Linus D. Bacay  - - - - - - - - - - -City Councilor
Hon. Eduardo J. Piano- - - - - - - - - - - - - - - - -City Councilor
Hon. Basilio D. Palo - - - - - - - - - - - - - - - - - -City Councilor
Hon. Jerome Michael S. Bacay - - - - - - - - - - -City Councilor
            Hon. Randy C. Sionzon   - - - - - - - - - - - - - - -President, Liga ng mga Barangay
Hon. Egmidio M. Gonzales, Jr.  - - - - - - - - - -Indigenous Peoples Mandatory Representative

ABSENT:

            None.                                                              
 
            WHEREAS,  in the light of the pronouncement of the Supreme Court as to constitutionality of the garbage collection fees on account of violation of equal protection clause of the 1987 Constitution, it is indispensable to scrap the garbage collection fees for all residential buildings;

            WHEREAS,  Ordinance No. 18, Series of 2014 designed for the scrapping of garbage collection fees for residential buildings or establishments registered under the Pantawid Pamilyang Pilipino Program;

            NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present;

            RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod to enact the following Ordinance:

ORDINANCE NO. 21
(Series of 2016)

AN ORDINANCE AMENDING ORDINANCE NO. 18, SERIES OF 2014 BY
SCRAPPING THE GARBAGE COLLECTION FEES FOR ALL
RESIDENTIAL BUILDINGS IN A MANNER CONSISTENT WITH LAWS

            BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

            SECTION 1.   This Ordinance amends the following:

SECTION 1.  There is hereby fixed a monthly garbage collection fee for all residential buildings or establishments in area covered by the garbage collection rates under the following schedules:

a.       Single detached dwelling unit with floor are of:
1.       100 square meters - - - - - - - - - - - - - - - - - - - - - P65.00
2.       Less than 100 square meters - - - - - - - - - - - - - - P55.00

Con’t. of Ordinance  No. 21, Series of 2016.

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b.       Multiple dwelling/apartment style - - - - - - - - - -P55.00
c.       Accessorial or mixed use the predominant use shall prevail and prescribed rates shall be applied.

Except those listed under the Pantawid Pamilyang Pilipino Program issued by the City Social Welfare and Development Office, Olongapo City which are exempt from payment of Garbage Collection Fees imposed by the Environment Sanitation and Management Office (ESMO)

To read as follows:

                        SECTION 1.  There shall be no Garbage Collection Fees to be collected for all residential houses and buildings.  Provided that owners and proprietors of condominium, apartelles, apartment units or other leased premises shall be assessed Garbage Collection Fees but the lessees occupying the same shall not required to pay the said fees.  Provided further, Garbage Collection for Commercial Buildings or Establishments shall be retained and maintained.

            SECTION 2.  Separability Clause – Any Ordinance or part of it not consistent with the provisions of this Ordinance shall be considered amended.

            SECTION 3.  This Ordinance shall take effect on January 01, 2017.      

APPROVED UNANIMOUSLY,  July 27, 2016.

                                       

AQUILINO Y. CORTEZ, JR.
City Vice-Mayor & Presiding Officer


  SARAH LUGERNA LIPUMANO-GARCIA                        BENJAMIN G. CAJUDO II
                          City Councilor                                                           City Councilor
                                                                                                                                                                                                                                                                                             
                   NOEL Y. ATIENZA                                             EDUARDO G. GUERRERO                 
                        City Councilor                                                                           City Councilor             
                                                                                               
   
       ALREUELA M. BUNDANG-ORTIZ                                       EDNA A. ELANE
                       City Councilor                                                              City Councilor    
                         
                                                                                                                       
            EMERITO LINUS D. BACAY                                      EDUARDO J. PIANO                     
                     City Councilor                                                                   City Councilor
                                                                                   
                                                                                                                                         
                    BASILIO D. PALO                                            JEROME MICHAEL S. BACAY
                        City Councilor                                                              City Councilor               


                RANDY C. SIONZON                                              EGMIDIO M. GONZALES, JR.
        President, Liga ng mga Barangay                   Indigenous Peoples Mandatory Representative               
                                   
Con’t. of Ordinance  No. 21, Series of 2016.

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ATTEST:

                         MILDRED C. MONJE
                      Temporary Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON________________________________.



                                                                                    ROLEN C. PAULINO
                                                                                                City Mayor

ATTEST:


                    SHEILA R. PADILLA
                  Secretary to the City Mayor


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20 July 2016

2016 R-79 ADOPTING THE REVISED INTERNAL RULES OF PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF OLONGAPO

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION    OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JULY 20, 2016 AT THE CITY HALL.

PRESENT:
           
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - -City Vice-Mayor & Presiding Officer
Hon. Sarah Lugerna Lipumano-Garcia - - - - -City Councilor
Hon. Benjamin G. Cajudo II - - - - - - - - - - - -City Councilor
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - -City Councilor  
Hon. Eduardo G. Guerrero  - - - - - - - - - - - - -City Councilor
Hon. Alreuela M. Bundang-Ortiz - - - - - - - - -City Councilor     
Hon. Edna A. Elane   - -  - - - - - - - - - - - - - - -City Councilor
Hon. Emerito Linus D. Bacay  - - - - - - - - - - -City Councilor
Hon. Eduardo J. Piano- - - - - - - - - - - - - - - - -City Councilor
Hon. Basilio D. Palo - - - - - - - - - - - - - - - - - -City Councilor
Hon. Jerome Michael S. Bacay - - - - - - - - - - -City Councilor
            Hon. Randy C. Sionzon   - - - - - - - - - - - - - - -President, Liga ng mga Barangay
Hon. Egmidio M. Gonzales, Jr.  - - - - - - - - - -Indigenous Peoples Mandatory Representative

ABSENT:

            None.  


RESOLUTION NO. 79
(Series of 2016)

A RESOLUTION ADOPTING THE REVISED INTERNAL RULES OF
 PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF OLONGAPO

            In the interest of public service and on motion of City Councilor Noel Yabut Atienza, with the unanimous accord of the Members of the Sangguniang Panlungsod  present;

            RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to adopt, as it hereby adopts the following Revised Internal Rules of Procedure for the Sangguniang Panlungsod of Olongapo:


RULE I – COMPOSITION


SECTION 1.  The composition of this Sanggunian shall be provided by existing laws, specifically by R.A. No. 7160 otherwise known as the “Local Government Code of 1991”.


RULE II – POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIAN

SECTION 2.  The powers, duties and functions of this Sanggunian shall be as provided for under Rule XVII of the Rules and Regulations Implementing the Local Government Code of 1991.


RULE III – DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS

SECTION 3.  Every member of this Sanggunian shall make a full disclosure of his/her financial and business interest as required of him/her under Art. 104, Rule XVII of the Rules and Regulations Implementing the Local Government Code of 1991.

SECTION 4.  Every member shall attend all the sessions of this Sanggunian unless he/she is prevented from doing so by reason of sickness or other unavoidable circumstances provided that, as a general rule, previous written notice thereto shall be sent to the Sanggunian thru the Presiding Officer or the Secretary.

SECTION 5.  Every member shall observe proper deportment and decorum during sessions with specified dress code as agreed upon by all members.

            Every member is required to maintain the specified dress code specifically they are required to wear long sleeves Barong Tagalog every first Wednesday of each month for January, March, May, July, August, September and November and Coat with tie for male and business attire for female every first Wednesday of each month for February, April, June, October, December provided the members are mandated to wear short sleeves barong during sessions except during 1st Wednesday of each month.


RULE IV – PRESIDING OFFICER


SECTION 6.  The Vice Mayor shall be the Presiding Officer of this Sanggunian and, as such, shall have the following rights and duties:

a)                  To preside over the sessions of the Sanggunian;

b)                  To exact from all the members present during the sessions proper deportment and decorum;

c)                  To enforce the internal rules and procedures of the Sanggunian;

d)                  To maintain order during sessions and render a ruling on questions of order, subject to appeal by the member concerned to the body for final decision;

e)                  To sign all legislative documents (such as ordinances, resolutions and motions enacted or adopted by the Sanggunian), papers, or checks requiring his/her signature;

f)                   To declare a recess during sessions anytime he/she deems it necessary provided that the duration of the recess is less than fifteen (15) minutes;

g)                  To declare the session adjourned to some other date, time and place in cases of extreme emergencies, serious and uncontrollable disorder, public disturbances and other unavoidable circumstances;

h)                  To make brief remarks, comments or clarificatory questions on any measure pending deliberation by the body provided that he/she shall not express himself either for or against the said measure or question;

i)                    To vote but only to break a tie. Hence, he/she cannot vote in order to create a tie. His/Her right to vote to break a tie is not compulsory. He/She may or may not exercise it;

j)                    To authenticate, whenever necessary, all orders, acts and proceedings of the Sanggunian, declaring its will and having its command obeyed;

k)         To approve the agenda.


RULE V – THE SANGGUNIAN SECRETARY
SECTION 7. The Sanggunian Secretary shall perform the following functions and duties:

a)                  To be the Administrative Officer of the Secretariat of the Sangguniang Panlungsod;

b)                  To take custodianship of the records of the Sanggunian;

c)                  To attend all the sessions of the Sanggunian;

d)                  To read or cause to be read, by himself/herself or through a reader designated by him/her, all proposed ordinances, resolutions, motions, petitions, and other documents which shall be endorsed to the Sanggunian;

e)                  To send out paper notices of all sessions and all other meetings and public hearings except during Regular session as provided in Rule III, Section 4;
                       
f)                   To provide secretarial services and certify the agenda and minutes of the Sanggunian upon consultation with the vice mayor and floor leaders of both parties;

g)         To perform such other duties as may be provided for by law and the Sanggunian.


RULE VI – REGULAR AND SPECIAL SESSIONS


            SECTION  8.  The Regular session of this Sanggunian shall be “once a week” to be held at the Sanggunian Session Hall every Wednesday at exactly 3:00 P.M.

            SECTION  9.  When public interest so demands, special sessions may be called by the City Mayor or by a majority of the members of the Sanggunian.

            SECTION 10.  A written notice to the Sanggunian members stating the date, time and purpose of the session shall be served personally or left with a member of his household of majority age at his/her usual place of residence at least twenty four (24) hours before the Special session is held.

            SECTION 11.  Unless otherwise agreed upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a Special session except those stated in the notice.

            SECTION 12.  All sessions shall be open to the public unless a close door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality.

            SECTION 13.  No two (2) sessions, whether Regular or Special, may be held in a single day.

            SECTION 14.  Adjourned Session. An “adjourned session” may be held:

a)                  Thru the initiative of the Chair, by using the “assumed motion”; or by a majority of the members present in a session where there is NO quorum, wherein they may decide to adjourn from hour to hour, or day to day, and compel the attendance of the absent members in order to obtain the necessary quorum.

b)                  By a majority vote of the members present in any Regular or Special session, there being a quorum, in order to finish very important business which needs immediate action.

c)                  The agenda for the adjourned quorum will be included in the agenda for the next session.


RULE VII – QUORUM


SECTION 15.  A majority of the members of the Sanggunian who have been elected and qualified shall constitute a quorum to transact official business.

SECTION 16.  Other interpretations to the contrary notwithstanding, the term “elected and qualified” shall be construed to include not only the regular member but also the “ex-officio” members and sectoral representatives of this Sanggunian.

SECTION 17.  In computing the presence of a “quorum” the term “majority” shall be based on the actual membership or incumbents in the Sanggunian or 50% of the actual membership + 1 which shall exclude the following:

-                      Presiding Officer (regular);
-                      A member who is on official leave of absence;
-                      A deceased member;
-                      A member who has resigned;
-                      A member who has been suspended;
-                      A member who was expelled or removed by final judgment.

            SECTION 18.  No quorum at the start of the session. When the appointed time has come to start the regular session, the Presiding Officer (regular or temporary, as the case may be) shall call the session to order, with or without a quorum.

            In the absence of a quorum after calling the session to order, the Presiding Officer may perform any of the following:

            a)  He/She may adjourn the session from hour to hour if he/she would like to wait for other members who may be late in coming to the session;

b)   He/She may adjourn the session from day to day; or

c)  He/She may adjourn the session for lack of quorum.

            SECTION 19.  No quorum during the session which was started with a quorum. During a session which was started with quorum and a question on the lack of quorum is raised by any member, the Presiding Officer shall immediately cause the reading of the roll of members and announce the result thereof and then declare whether or not there exist a quorum.

            In the absence of a quorum, the Presiding Officer may declare a recess of not more  than  one  (1)  hour  and  wait  for  other  members  to  come;  or  a  majority  of the members present may adjourn from hour to hour; or day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member or members of the police force to arrest the absent member and present him at the session. (Sec. 53, R.A. No. 7160)

            If there is still no quorum despite the enforcement of the above remedial measures, the Presiding Officer may, motu propio, or upon proper motion from the floor duly adopted by the body, then declare the session adjourned for lack of quorum.


RULE VIII – ORDER OF BUSINESS


            SECTION 20.  The Order of Business of this Sanggunian shall be as follows:

a)      Call to Order;

b)      Invocation;

c)      Pambansang Awit;

d)      Panunumpa sa Watawat ng Pilipinas;

e)      Himno ng Olongapo;

f)       Roll Call;

g)      Reading and Adoption of the Minutes of the Previous Session;

h)      Matters  arising from the minutes of the  previous session.

i)        Reading and Approval of the Day’s Agenda;

j)        Reading and References to Corresponding Committees of Proposed Ordinances, Resolutions, Petitions, Messages and other Communications;

k)      Committee Reports;

l)        Calendar of Business;

m)    Other Matters;

n)      Adjournment.


SECTION 21.  The Calendar of Business shall be prepared by the Presiding Officer and a copy thereof shall be furnished to every member of this Sanggunian not less than 24 hours before the date of the Regular session.

            SECTION 22.  The Calendar of Business shall contain brief description of the item of business to be taken up during the Regular session including, but not limited, to the following:

a)      The title of the proposed ordinance or resolution;

b)      The name of the sponsor or authors and the committee to which it was referred or the committee sponsoring it;

c)      In the case of petitions, letters, endorsements and other communications, the source or the name of senders.


            SECTION 23.  In rendering committee reports, priority shall be given to standing committees (aka regular committees) to be followed by special committees (aka Ad-Hoc committees).

            SECTION 24.  As a general rule, committee reports shall be rendered by its Chairman, unless he/she dissents with the majority decision. In his absence, the Vice Chairman shall take his/her place. If neither of them is present, any committee member concurring with the report and duly designated by the said committee shall render the report.

            SECTION 25.  If the reporting committee recommends a favorable action on the measure referred to it or if the reporting committee recommends the proposed measure for appropriate action by the Sanggunian, the Chairman, Committee on House Rules shall calendar it for “second reading”. If the reporting committee’s recommendation is for the Sanggunian not to take action and that recommendation has been adopted by the body, the proposed measure remains shelved in the committee. If the reporting committee’s recommendation is for the Sanggunian to file the proposed measure away and that recommendation has been adopted, then it is “filed away” which means in layman’s language that the proposal will be filed in the archive of the Sanggunian.

            SECTION 26.  As a general rule, no member of a committee shall oppose or object to the report of his/her committee unless he/she submits his/her dissenting opinion to the majority decision in writing in open session, before the said committee renders its reports. Otherwise, he/she shall be precluded to oppose it on the floor.

            SECTION 27.  Deviation from the prescribed Order of Business may be done under the following circumstances:

            When the Sanggunian decided to suspend the rules thru an “assumed motion” by the Chair or thru a motion to suspend the rules by a member. In any case, the decision to suspend the rules shall require a vote by general consent, a unanimous vote, or at least two-thirds (2/3) vote of the members present.

SECTION 28.  Agenda

a)      Matters that may be taken up during a Sanggunian session or meeting, shall be limited to those listed in the agenda subject to the provisions of the Internal Rules. The agenda shall be distributed among the Members of the Sanggunian one day before the scheduled session or meeting. Any person who willfully delay or obstruct the proper distribution of agenda shall be meted a penalty subject to the limitation provided for by the law.

b)      Any member who desires to avail of his right to deliver a privilege speech shall first register his/her request with the Chairman, Committee on House Rules, identifying the subject matter of his/her proposed speech, and then seek the permission of the Presiding Officer, after which he/she may deliver his/her speech for not more than ten (10) minutes. Provided, that, however, if more than one member registered to avail of this privilege, each member’s speech shall be limited to five (5) minutes only.

                        With the consent of two thirds (2/3) of all the members of the Sanggunian present, urgent matters which involve public interest and the delay of which shall prejudice essential activities of the local government, may be submitted to the Chairman, Committee on House Rules for inclusion in the agenda of the day’s session.

                        Any motion, resolution, proposal, or ordinance appearing in the agenda for reference to the corresponding committees shall not be made the subject of any debate or discussion.

                        The agenda for the day will be approved by the Sanggunian through a simple majority vote. With the consent of 2/3 votes of the members present, a measure may be included in the agenda provided that it has been registered with the Chairman on House Rules, Ethics and Privileges.


RULE IX – LEGISLATIVE PROCESS


            SECTION 29.  Rules in the enactment of ordinances and adoption of resolutions.  In the enactment of ordinances and adoption of resolutions including other matters requiring legislative actions, the following rules shall be observed:

a)                  Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by a resolution.

b)                  Proposed ordinances shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause, repealing clause and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors submitted to the Secretary to the Sanggunian before the start of the regular session.

c)                  A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need not go through a third reading for its final consideration unless decided otherwise by a majority of the Sanggunian members present. Adopted resolutions and approved ordinances must bear the signature of all who favors and those who voted against or abstained are not required to affix their signatures.  In cases of emergency which does not involve public interest, signatures of approving members may be dispensed with.

d)                  No ordinance or resolution shall be considered on second reading in any regular meeting unless it has been reported out by the proper committee to which it was referred or by approval of the two-third (2/3) votes of the members present.

e)                  The secretary to the Sanggunian shall prepare copies of the proposed ordinances or resolutions in the form it was passed on second reading, and shall distribute to each Sanggunian member a copy thereof.

f)                   No ordinance or resolution passed by the Sanggunian in a Regular, or Special session duly called for the purpose, shall be valid unless approved by a majority of the members present, there being a quorum.

g)                  Upon the passage of all ordinances and resolutions directing the payment of money or creating a liability, and at the request of any member, the Sanggunian Secretary shall record the ayes and the nays. Each approved ordinance or resolution shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.

h)                  A resolution ratifying the contract/MOA previously granting authority to the Local Chief Executive should first be approved/passed prior to its executive implementation except on matters involving national security, imminent danger and circumstances of the same nature.


SECTION 30. Filing Consideration and Approval of Proposed Ordinances, Resolutions, Motions and Other Matters.

a)                  Filing - Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those ministerial or administrative in nature and of a temporary character shall be passed in the form of resolutions. The title with the complete text of proposed ordinances and resolutions shall be filed with the Office of the Vice Mayor for inclusion in the agenda. Only those who are stated  or  signed  as  author(s)  and  co-author(s)  shall  be  considered  as such, but other members may be considered as author(s) and co-author(s) if so manifested on the floor, subject to the consent of the main author.

            All matters endorsed by the City Mayor to the Sanggunian, as well as petitions and other communications received from the general public, shall likewise be transmitted to the members.

b)                  First Reading - All proposed measures transmitted to the Office of the Vice Mayor shall be calendared for the first time, and only the titles thereof and the names of their author(s) shall be read.  However,  the  draft  of  the said proposed measure shall be included and distributed to all the members. No measures shall be taken or included in the agenda without its draft text.

            After such first reading, the proposed measure shall be referred to the proper committee(s) for study, comment and recommendation. No debate shall be allowed at this stage.

c)                  Committee Meeting/Report - After due consideration of the proposed measure, the committee(s) concerned shall conduct a meeting and report the same to the Sanggunian.

            All inquiries, comments and suggestions regarding the proposed legislative measure shall be considered during the committee meeting. If the committee decides that hearing is not necessary, the Chairman of the committee should report it immediately on the floor.

            If the committee, to which a proposed measure is referred, fails to take action thereon within fifteen (15) working days from such referral, the proposed measure shall be deemed favorably reported by such a committee, and the proposal shall be calendared for second reading, upon the proponent’s instance. During committee meetings the said proposal shall be put into a vote among members of the committee to determine who are in favor or against the proposed measure.

            A committee member who abstains against a proposal shall have no right to object to it on the session. To have a right to participate in the floor deliberation, a committee member should cast his/her affirmative or negative vote during committee meeting.

            A committee member unless he/she has entered his/her objection to his/her committee’s report or, in lieu thereof, has filed with the Secretary his dissenting vote in writing before the report is submitted to the body in open session shall be presumed to have concurred in the report and shall thus be precluded from opposing it on the floor.


            The committee report maybe dispensed if the proposed measure is sponsored by the concerned committee or upon approval of the 2/3 members present in the session.

d)                  Second Reading - On the next regular session after a proposed measure is reported favorably by the committee(s) concerned, it may be calendared for second reading at the instance of the proponent.

            During the second reading, the principal author of the proposed measure shall deliver a sponsorship speech. The speech shall not exceed for ten (10) minutes. Thereafter, shall proceed to make the necessary motion to open the floor for debate on the measure.

            Main speeches during the discussion of any proposed measure shall be limited to ten (10) minutes only for each speaker in favor of the proposed measure excluding the principal author. Rebuttal speech shall be limited to five (5) minutes only for every speaker who is against the measure.

            The order of the speeches should as much as possible, alternated between speakers in favor of and against the proposed measure.

            After the maximum of two (2) speeches in favor and two (2) speeches against the proposed measure have been delivered alternately, or after only one speech in favor of the proposed measure shall have been delivered and none against it, a motion to close the general debate maybe in order. Once approved by a majority of all the members present, the Presiding Officer shall then declare the period for amendments open.

            The Sanggunian retains the right, by a majority vote of all its members, to close all debates at any time during the discussion.

            After the period of amendments has been closed, the proposed measure shall be voted upon for final action by the Sanggunian, during which no more than one main speech and one rebuttal speech, both subject to the five-minute rule shall be delivered.
           
            Measures certified by the Mayor as urgent may be submitted for final voting after second reading, dispensing with the third reading thereof.  Resolutions are likewise exempt from the requirements of the third reading.

e)                  Third Reading - All ordinances which have been approved by the Sanggunian during second reading shall again be presented by the proponent in the final form complete with all approved amendments, for the purpose of confirmation only, not later than the second session day immediately following the day of their approval. No debate of amendments shall be allowed at this stage.

            Ordinances shall be considered enacted and resolutions adopted on the date such measures were approved on second reading.

            All approved ordinances or resolutions shall be transmitted to the Office of the City Mayor not later than fifteen (15) days upon final approval. Any one who causes delay shall be given disciplinary action by the Committee of the whole.


            SECTION 31. Effectivity of Ordinances and Resolutions.

a)      Unless otherwise provided in the ordinance or resolution approving the local development plan and public investment program, the same shall take effect after being posted at the bulletin board of the city hall near the entrance and at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after the approval of the local chief executive.

b)      The ordinance or resolution duly enacted shall in addition to being posted, shall be published once in a local newspaper of general circulation in the City of Olongapo and Province of Zambales, Provided that in the absence thereof, the ordinance or resolution shall be published in any newspaper of general circulation.

c)      All ordinances or resolutions duly enacted shall be posted in the Olongapo City’s Official Website and Official Facebook page which shall be determined pursuant to an ordinance to be passed by the City Council.

            SECTION 32.  Approval of Ordinance and Veto Power of the Local Chief Executive. The approval of the ordinance by the Mayor, as the case may be, and the exercise of his/her veto power shall be governed by the following rules:

a)                Every ordinance enacted by the Sanggunian shall be presented to the Mayor for his/her approval.  If he/she approves the same, he/she shall affix his/her signature on each and every page thereof; otherwise, he/she shall veto it and return the same with his/her objections to the Sanggunian, which may proceed to reconsider the same.   The Sanggunian may override the said veto by two-thirds (2/3) vote of all its members thereby making the ordinance or resolution effective for all legal intents and purposes.

b)                The veto shall be communicated by the Mayor to the Sanggunian within ten (10) days. Otherwise, the ordinance shall be deemed approved as if he/she had signed it.

c)                The Mayor may veto any ordinance of the Sanggunian on the ground that it is “ultra vires or prejudicial to the public welfare, stating his/her reasons thereof in writing.

d)                The local chief executive may veto an ordinance or resolution only once. The Sanggunian may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned.

e)                The Mayor shall have the power to veto any particular items of an appropriation ordinance, an ordinance or resolution adopting a local development plan and public investment program or an ordinance directing the payment of money or creating liability.  In such case, the veto shall not affect the item or items which are not objected to.  The vetoed item or items shall not take effect unless the Sanggunian overrides the veto in the manner as provided in this section, otherwise, the item or items in the appropriation ordinance of the previous year corresponding to those vetoed, if any, shall be deemed re-enacted.

            SECTION 33.  The three-reading Principle The so- called “three-reading principle” which is commonly adopted in legislative bodies shall also be followed by this Sanggunian.  Hence, as a general rule, before an ordinance is finally enacted, it shall undergo the following stages:

a)                First reading;
b)                Second reading;
c)                Third (Final) reading.

Except on the following instances:

a)                Resolutions (2 readings only);
b)                Measures that are considered urgent by 2/3 votes of the members present.

SECTION 34.   Methods  of Voting.  Unless a different method is prescribed by the Sanggunian for a particular measure, voting shall be either one of the following methods:

a)                By voice;

b)                By raising of hand (or show of hand);

c)                By rising;

d)                By ballot; or

e)                By nominal voting (or roll call).

SECTION 35To put the question to a vote The Presiding Officer shall rise whenever he/she is putting a question to a vote. In taking the vote, the Presiding Officer shall take first the affirmative votes and then the negative votes.


RULE X – VOTES AND VOTING


SECTION 36.  Voting on the Question.  Whenever a nominal voting (or roll call voting) is being applied, the Secretary shall call the roll of members either in alphabetical order or by rank. As each name is called, the member shall announce his vote by stating “YES” or “NO”, as the case may be. As a general rule, a member may explain his vote but not to exceed three (3) minutes.  (Yes, No and Abstention)

A second roll call may be requested by any member from the Chair but this time only the names of those who failed to vote shall be called. This is to give another opportunity to those who failed to cast their votes to exercise their rights. After this second roll call, no other request of the same kind shall be determined by the Chair.

SECTION 37.  Voting Restriction.  No member can vote, or be allowed to vote, on any measure in which he/she or any of his/her relatives within the third degree of consanguinity or affinity, has a direct or personal pecuniary interest. This rule, however, does not apply in voting for elective positions in the Sanggunian where a member, as a matter of right, can vote for himself/herself.

            In the same way, a member may abstain from voting only when there is a conflict of interest on his/her part. Otherwise, he/she should either oppose or concur.

SECTION 38.  Change of Vote.  A member may change his/her vote but only when the result of the voting has not been announced by the Chair. Otherwise, he can change his/her vote by a unanimous consent of the members present. Provided that this rule shall not be applied if voting is by ballot.


SECTION 39.  Vote by Late-comer.  A member who came in late during the session but who happens to arrived while voting is in progress shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chair.

SECTION 40.  Allowable Motion during Voting.  Except for a motion pertaining to question of quorum, no other motion shall be entertained by the Chair while voting is in progress.

SECTION 41.  Tie Vote.  A tie vote resulting from a vote taken on any motion, measure or proposal shall be construed to mean that the particular motion, measure or proposal is defeated, unless the Chair decided to break it. Exception to this rule is when a “motion to appeal from the decision of the Chair” is put to a vote and resulted in a tie. In this case the tie vote is considered to sustain the decision of the Chair.

SECTION 42.  Breaking a Tie.  In case of tie, the Presiding Officer of this Sanggunian is allowed to cast his/her vote if he/she so desires. He/She is, however, precluded under existing laws to cast his/her vote in order to create a tie.

SECTION 43.  Majority Vote of All the Members of the Sanggunian.  As provided for under R.A. No. 7160 and its Implementing Rules and Regulations, a “majority vote of all the members of the Sanggunian” is required in the following circumstances:


For the Sangguniang Panlungsod

Refer to the provisions of Section 458, RA No. 7160 (Local Government Code of 1991), specifically the following:
           
a)                  paragraph 2-ii (Sec. 458, R.A. No. 7160);

b)                  paragraph 2-iii (Sec. 458, R.A. No. 7160);

c)                  paragraph 2-iv (Sec. 458, R.A. No. 7160);

d)                  paragraph 2-v (Sec. 458, R.A. No. 7160);

e)                  paragraph 3-vii (Sec. 458, R.A. No. 7160);

f)                   paragraph (d) (Sec. 454, R.A. No. 7160);


SECTION 44.  Majority Vote of the Members Present (thereby constituting a Quorum). Except as provided in Section 45 hereof, all other legislative matters or measures shall require only a simple majority (50% + 1 of legal votes casted provided that there is a quorum).

SECTION 45.  Plurality Vote.  A decision of the Sanggunian thru a “plurality vote” shall be valid only and enforceable if it is the result of an election of officers of the Sanggunian or members of committees. No legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this Sanggunian thru a mere plurality vote.

SECTION 46.  Percentage Vote.  For purposes of this section, a percentage vote shall be construed to mean as a “proportion of a certain whole”. Percentage vote shall be applied in the following:


a)                  A two-thirds (2/3) vote of all the members of this Sanggunian shall be required in overriding the veto of the LCE for any ordinance or resolution, thereby making the particular ordinance or resolution effective for all intents and purposes. (Sec. 54, R.A. No. 7160);

b)         Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other matters may be considered at a Special session except those stated in the notice. (Sec. 52 (d), R.A. No. 7160);

c)         The penalty of suspension or expulsion that may be imposed or meted out by the Sanggunian to an erring member “shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian members.” (Sec. 50, b-5, R.A. No. 7160);

d)                With the concurrence of at least two-thirds (2/3) of all the members of the Sanggunian, grant tax exemptions, incentives or reliefs to entities engaged in community growth-including  industries;

e)                With the concurrence of at least two-thirds (2/3) of all the members of the Sanggunian, matters certified by the Local Chief executive as urgent;

f)          At least a two-thirds (2/3) affirmative vote of the members present, there being a quorum, shall be required for the adoption of the following motions:

1.                   Motion to suspend the rules;

2.                   Motion to expunge;

3.                   Motion to extend or limit debate;

4.                   Motion to call for the previous question.

g)                  At least a two-thirds (2/3)  negative vote of the members present, there being a quorum, shall be required in order to sustain the “motion to object to the consideration of a question”.

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