2007 R - 158 - 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 OCTOBER 24, 2007 AT THE CITY HALL.
PRESENT:
Hon. Cynthia G. Cajudo - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr.- - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - - - - - - “ “
ABSENT:
Hon. Carlito A. Baloy- - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Leave)
Hon. Robine Rose C. Buenafe- - - - - - - - - - - - - - - SK Federation President
RESOLUTION NO. 158
(Series of 2007)
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 Councilor Rodel S. Cerezo, co-sponsored by Councilors Marey Beth D. Marzan and John Carlos G. delos Reyes and 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 RA 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 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.
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 4:00 p.m.
SECTION 9. Special sessions may be called by the Mayor, Vice-Mayor or by a majority of the members of this 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.
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 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, RA 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) Roll Call
f) Reading and Adoption of the Minutes of the Previous Session
g) Reading and Approval of the Day’s Agenda
h) Reading and References to Corresponding Committees of Proposed Ordinances, Resolutions, Petitions, Messages and other Communications
i) Committee Reports
j) Calendar of Business
k) Other Matters
l) 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, or orally in open session, before the said committee renders its reports. Otherwise, he/her 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.
When the measure to be acted upon by the Sanggunian is “certified by the local chief executive as urgent”, it shall have priority over all other items of business, and shall be considered without need of suspending the rules or even if it is included in the calendar of business.
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 their Floor Leaders.
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 certified as urgent by the local chief executive or by approval of the two-third (2/3) votes of the members present.
e) Any legislative matter duly certified by the local chief executive as urgent whether or not it is included in the calendar of business may be presented and considered by the body at the same meeting without need of suspending the rules.
f) 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 except that a measure certified by the local chief executive as urgent may be submitted for the final voting immediately after it has undergone the periods of debate and amendment during the second reading.
g) 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.
h) 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.
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 the recommendation. No debate shall be allowed at this stage.
c) Committee Report - After due consideration of the proposed measure, the committee(s) concerned shall report the same to the Sanggunian.
The committee may conduct hearing/s on such proposed measure, or if the committee may decide 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 ten (10) 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 ten (10) days upon final approval. Any one who causes delay shall be given disciplinary action by the Committee of the whole.
SECTION 31. 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 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. (Art. 108, IRR).
SECTION 32. 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) Measures certified as urgent by the City Mayor
b) Resolutions (2 readings only)
c) Measures that are considered urgent by 2/3 votes of the members present
SECTION 33. 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 34. To 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 35. 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 36. 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.
SECTION 37. 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 38. Vote by Late-comer. A member who came in late during the session but who happens to arrive 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 39. 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 40. 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 41. 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 42. Majority Vote of All the Members. As provided for under RA 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 7160 (Local Government Code of 1991), specifically the following:
a) paragraph 2-ii (Sec. 458, RA 7160)
b) paragraph 2-iii (Sec. 458, RA 7160)
c) paragraph 2-iv (Sec. 458, RA 7160)
d) paragraph 2-v (Sec. 458, RA 7160)
e) paragraph 3-vii (Sec. 458, RA 7160)
f) paragraph (d) (Sec. 454, RA 7160)
SECTION 43. 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 44. 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 45. 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, RA 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), RA 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, RA 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) 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”.
RULE XI – RULES ON DEBATES AND AMENDMENTS
SECTION 46. As a general rule, no member shall speak before this Sanggunian without first “obtaining the floor”. A member who has obtained the floor shall address all his/her remarks to the Chair. He/She shall conduct himself/herself with proper decorum by confining his/her remarks or arguments to the question under debate and by avoiding personalities.
SECTION 47. No member rendering a committee report or delivering the sponsorship speech shall speak for more than ten (10) minutes unless allowed by a majority of the members present.
SECTION 48. No member shall speak for more than ten (10) minutes on a particular issue or question being debated upon unless he/she is allowed to do so by a majority of the members present.
SECTION 49. During the period of amendments, every member shall observe the so-called “five-minute rule”, i.e., remarks or argumentations by any member on each proposed amendments shall not exceed five (5) minutes.
SECTION 50. The member rendering a committee report or delivering the sponsorship speech of a proposed measure may move to open or close the debate within the ten (10) minutes period allowed to him/her. If he/she fails to exercise his/her option, the Chair may use the “assumed motion” to open or close the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his/her sponsorship speech of a proposed measure, it shall be considered open to debate.
SECTION 51. While having the floor, a member may be interrupted in his/her speech or talk by the Presiding Officer to state a point of order, to respond to questions from the floor, to clarify something related to the issue being discussed or to make certain remarks within his/her privilege.
SECTION 52. The speaker may also be interrupted by another member if the latter desires to ask questions thru his/her privilege to interpellate and by proposing the following motions:
- Point of Order
- Point of Information
- Point of Parliamentary Inquiry
- Call for Orders of the Day
- Divide the Assembly
- Raise a Question of Privilege
- Reconsider
- Appeal from the Decision of the Chair
SECTION 53. All questions addressed to the speaker or the member having the floor must always be coursed thru the Presiding Officer.
SECTION 54. The speaker being interpellated may decline to answer questions, if he/she so desires.
SECTION 55. No member shall speak against his/her own motion or proposition. He may, however, be permitted to withdraw his/her motion or proposition if his/her request to withdraw is denied, he/she may vote against it.
SECTION 56. While the period of debate is in progress, no member shall roam around the Session Hall or leave the premises without the permission of the Chair.
SECTION 57. A motion to close debate is in order if two (2) members have already spoken in the affirmative side and two (2) in the negative side; or only one (1) member has spoken in favor but none against it.
SECTION 58. Subject to the requirement of the preceding Section, if no member moves to close the period of debate, the Chair, motu propio, may use the “assumed motion” in order to close the period of debate.
SECTION 59. When a motion “to call for the previous question” is proposed by a member which would result in the closing of debate on a pending question, two-thirds (2/3) affirmative vote is hereby required.
SECTION 60. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave his/her post nor interrupt the former in his talk.
SECTION 61. After the period of debate has been closed, the period of amendments shall immediately follow.
SECTION 62. Unless a different method is adopted by the members present in a particular session, amendments to any proposed measure, or parts thereof, shall be in seriatim. Under this seriatim method, the proposed measure is read paragraph by paragraph or section by section and after each one is read, amendments can be proposed and debated upon. Thereafter, a vote is taken on the proposed amendment. Eventually, this process will reach its conclusion and the original measure or proposition is said to have passed the “second reading”.
SECTION 63. Privileged Questions and Questions of Privilege
a) Privileged Questions. These shall include, aside from questions of privilege, motions to adjourn or recess, and call for the orders of the day.
All these questions shall be undebatable and shall have the precedence over other motions and questions, in accordance with order of preference.
i. A call for order of the day shall be demanded that the Sanggunian conform to its order of business, a motion to that effect requires no second.
ii. Any member shall have the right to demand from the Chairman that the order of business be conformed to.
iii. Any member who shall call for order of the day when there has been no deviation from the order of business shall be declared out of order.
b) Questions of Privilege. Questions relating to the rights and privileges of the Sanggunian or any of its members shall take precedence over all motions except those relating to adjournment and recess. The following shall constitute question of privilege:
i. Any member may interrupt another member’s speech when required by urgency and immediate action is called for, as when a speech which is being read cannot be heard.
ii. Those relating to matters pertinent to the comfort and convenience of the members of the Sanggunian.
iii. Those relating to freedom from noise, interference, and offensive conduct of officers or other employees.
iv. Those relating to organization of the Sanggunian.
v. Those relating to the punishment of a member for disorderly conduct or other offense.
vi. Those relating to accuracy of published reports.
Questions of privilege may be raised while another business is pending, and may even interrupt a speaker, who should then take his seat and yield to the privileged questioner, until the question of privilege is acted upon.
RULE XII – COMMITTEES
SECTION 64. Creation of Committees. The following rules shall be observed in the creation of committees:
a) A regular or standing committee may be created or re-organized by a majority vote of all the members of the Sanggunian;
b) The Presiding Officer may recommend the creation or re-organization of any regular or standing committee. The Sanggunian shall act on his/her recommendation without debate and vote on it immediately;
c) Special or Ad-Hoc committees may be created upon the initiative of the Chair or thru a motion by any member, subject however, to the affirmative votes of a majority of the members present, there being a quorum.
SECTION 65. Composition. Every regular committee to be created shall be composed of the Chairman, Vice Chairman, and one (1) member.
SECTION 66. Restrictions.
a) The Presiding Officer shall not be a member of any regular committee. However, he/she may be designated by the body as Chairman of Ad-Hoc or Special Committee, provided that the purpose or task for which the committee is created does not involve legislative matters or policy-making.
b) No person other than members of the Sanggunian shall be made a member of any regular committee.
c) No member shall participate in the committee’s deliberations if he/she has a direct or indirect personal or pecuniary interest on the matter being handled by that committee.
SECTION 67. Committee Hearings or Public Hearings. No tax ordinance or revenue measures shall be enacted by this Sanggunian in the absence of a public hearing duly conducted by the committee concerned.
67.a. Order.
1. Opening Remarks of Committee Chairman/Chairmen;
2. Explain background/reason for hearing. Announce administration matter (how the hearing will proceed including adjournment time);
3. Recognize officials present, then the witnesses and other prominent personalities;
4. Swear all witnesses “do you swear to tell the truth and nothing but the truth in today’s proceedings?”;
5. Witnesses Opening Statement;
6. Conduct of Questioning (max 5 minutes per round) Vice Mayor then Councilors by rank with committee chair/s being the last if all are present when hearing started, otherwise, if Councilors arrive when hearing already started, order of questioning is by time they joined the hearing. If this is an investigative hearing, the Councilor who initiated the investigation follows the Vice Mayor;
7. The Chair will advice “please wrap up your questioning” 30 seconds before 5 minutes are consumed;
8. Councilors can relinquish his time in favor of other Councilor.
SECTION 68. Committee Meetings. As a general rule, a committee meeting shall be attended only by committee members unless a majority of the members of the committee thereof decided to allow other persons to be present especially invited resource persons or consultants.
SECTION 69. Committee Hearing distinguished from Committee Meeting. For purposes of this Internal Rules, a committee hearing is an activity of the Sanggunian, thru its committees, wherein the general public particularly those representing different sectors that may be interested or affected by a proposed measure are invited to attend to hear and be heard on that matter. This is synonymous to the term “public hearing”. On the other hand, a committee meeting, as the term implies, is a “meeting” of the members of the committee for the primary purpose of decision-making. Since decision-making is a difficult task, the committee is not precluded from inviting and seeking advice from technical persons.
SECTION 70. Quorum. A majority of all the members of the committee shall constitute a quorum to do business.
SECTION 71. Calling a Committee Meeting. A committee meeting may be called by the following:
a) Chairman
b) Vice Chairman, if he/she is in the capacity of “Acting Chairman”
c) Majority of the committee members
Provided, that due notice is served upon each and every committee member.
SECTION 72. Vacancy. Vacancy in a committee shall be filled:
a) By a majority vote of all the members of the Sanggunian; or
b) By the Presiding Officer; by general consent (unanimous assent) of the members present, there being a quorum.
SECTION 73. Appearance of Head of Department / Offices in Committee Meetings. The following rules shall be observed in requesting for the appearance of heads of department or offices:
a) Official invitation or request by any committee to appear before it of any head of department or offices, whether local or national, shall be coursed thru the Presiding Officer. The Presiding Officer shall then endorse it to the head of local and national offices concerned;
b) The invitation or request shall specify the reason for such appearance or the assistance needed, as the case may be.
RULE XIII – COMMITTEE REPORTS
SECTION 74. Submission of Committee Report. Every committee to which a particular measure is referred by the Presiding Officer shall submit its report in writing to the Sanggunian, thru the Secretary, after finishing its task.
SECTION 75. Joint Committee or Multiple Committee Report. When measure is referred to two or more committees, the committees concerned may submit a “joint committee report” or “multi-committee report” as the case may be, or separate report thereon.
SECTION 76. Content of Committee Report. The committee report shall contain the following information:
a) Name of the reporting committee or committees
b) Brief statement of the subject matter referred to it and the action taken thereon including information gathered during the conduct of committee hearings or meetings and other relevant information
c) Findings or conclusions
d) Recommendations (either to “file it away” or “to calendar it for second reading”)
e) Names and signatures of concurring members
f) Appendices (Minutes of the committee hearings or committee meetings, as the case may be)
SECTION 77. Discharge of Committee. A committee which failed to submit a committee report within the time required may be discharged by the Sanggunian from further consideration of the measure or question referred to it. Upon motion by any member, the said measure can be re-assigned to another committee or submit to the body for proper disposition.
SECTION 78. Recommitting a Measure. When the Sanggunian is not satisfied with the report of a particular committee on a measure referred to it, the same may be re-committed or returned back to that committee for further study.
SECTION 79. Calendaring a Measure for Second Reading. After the committee has rendered its report recommendation favorably for the enactment of proposed ordinance, a copy of the same shall be furnished to the members of the Sanggunian. The sponsor shall calendar the same for second reading. Before the said proposed ordinance is sponsored on the floor, a copy thereof shall be furnished every Sanggunian member by the committee Chairman concerned.
XIV - STANDING COMMITTEES
SECTION 80. Standing Committees – There shall be twenty-six (26) standing committees, consisting of a chairman, vice-chairman and a member. The following committees are constituted, whose duties and powers are as follows, to wit:
a) Committee on Finance and Appropriations – This shall have general jurisdiction over all matters relating to the approval of the budget, monetary and fiscal matters; all matters relating to the funds for the expenditure of the city government and for the payment of public indebtedness, claims against the government, and appropriations of public funds.
b) Committee on Ways and Means – This shall have jurisdiction over all matters related to taxes, fees, charges, loans, study and revision of tax measures; and generation of other sources and forms of revenue from public and private sectors, including codification of revenue ordinance.
c) Committee on Organizational Development and Personnel Matters – This shall have jurisdiction to determine the compensation of personnel and the creation and re-organization of local offices and shall oversee the personnel development program.
d) Committee on Laws, Complaints, Investigations and Human Rights Protection – This shall have general jurisdiction over all matters relating penal ordinances, expropriations, naming of streets and public places; legal orders from the court on city ordinances; all matters relating to complaints that are lodged with and undertaken by the Sanggunian; investigation of charges of misfeasance and malfeasance against local officials and employees; and matters relating to the promotion and protection of human rights.
e) Committee on Education, Arts and Culture – This shall have jurisdiction over all matters relating to education and culture; local schools, colleges and universities; libraries and museums; non-formal and community-adult education; scientific and technological research, development and advancement; and moral and religious formation of the community.
f) Committee on Telecommunications and Information Technology – This shall have general jurisdiction over all matters relating to 1) telecommunications such as land/microwave/satellite based telephone including cellular phone system, radio and television broadcasting including cable TV, and general telephony;
Con’t. of Resolution No. 158, Series of 2007.and 2) information communications technology (ICT) including internet, e-Business and e-Governance. Shall oversee advances in ICT and ensure that the city’s computerization program complements effective governance.
g) Committee on Health and Public Welfare – This shall have jurisdiction over all matters relating to the health and welfare of the residents, including proposals pertaining to sanitation, cemeteries, hospitals, health centers and other health and sanitary measures.
h) Committee on Engineering and Public Welfare – This shall have general jurisdiction over all matters relating to planning, construction, maintenance, improvements and repair of public buildings, highways, bridges, roads, parks, shrines, monuments, playgrounds and other public edifices, drainage, sewerage, flood control and protection, building permits and other public improvement projects.
i) Committee on Public Utilities – This shall have jurisdiction over all matters relating to public utilities, including the power system, and the water system.
j) Committee on Peace & Order and Public Safety – This shall have jurisdiction over all matters relating to police work and service; drug prevention; maintenance of public order and security and prevention of crimes in coordination with the Philippine National Police and other protective agencies and organizations of the national government.
k) Committee on Traffic Management – This shall have jurisdiction over all matters relating to traffic management
l) Committee on Transportation – This shall have the legislative jurisdiction over all public transport operating within the city (sea, land and air).
m) Committee on House Rules and Privileges – This shall have jurisdiction over all matters relating to the Sanggunian Rules of Procedures; Order of Business; Certification of Ordinances; implementation of local ordinances and conduct, rights, privileges, safety, dignity, integrity and reputation of the Sanggunian and its members.
n) Committee on Public Markets and Slaughterhouses – This shall have jurisdiction over all matters relating to public markets and slaughterhouses and their maintenance and allied projects.
o) Committee on Business & Economic Enterprises – This shall have general jurisdiction over all matters relating to the establishment, operation and maintenance and regulation of all business establishments within the city; enhancement of entrepreneurial activities and undertakings, provision of incentives to investors and shall have the jurisdiction over all economic enterprise being run and maintained by the city except the markets and slaughterhouses.
p) Committee on Tourism – This shall have general jurisdiction over all matters relating to the development and promotion of tourism in the city;
q) Committee on Labor and Employment – This shall have jurisdiction over all matters relating to protection of labor and provision of ameliorative service. Shall spearhead employment generation and vocational, technical and skills development program.
r) Committee on Environment Protection, Lands, Housing and Zoning – This shall have jurisdiction over all matters relating to environmental protection, land use and reclassification; housing, zoning and allied matters.
s) Committee on Women, Family and Gender Equality – This shall have jurisdiction over all matters relating to the promotion and protection of the rights, opportunities and welfare of women; the strengthening and developing of family life and the promotion of gender equality.
t) Committee on Livelihood and Cooperatives – This shall have jurisdiction over all matters relating to livelihood program in the city; organization and supervision of local cooperatives.
u) Committee on Social Welfare – This shall have jurisdiction over all matters related to social welfare and ameliorative services; public social services for the disadvantaged groups in the Philippine society including the disabled, and street children.
v) Committee on Agriculture and Fisheries – This shall have jurisdiction over all matters related to agriculture and fisheries, agricultural and aquatic economic research; soil and water survey and conservation, agricultural and fishing education.
w) Committee on Barangay Affairs and Community Development – This shall have general supervision over all matters pertaining to supervision by the City Government over the barangays and the undertaking of community projects at the Barangay level.
x) Committee on Youth and Sports Development – This shall have jurisdiction over all matters relating to the youth; the promotion of the youth’s moral, physical, intellectual and social well being; the Barangay youth council and the development of sports and sportsmanship in the community.
y) Committee on Senior Citizens and Veterans’ Affairs – This shall have jurisdiction over all matters relating to the promotion and of the rights, opportunities and welfare of the elderly and relating to Veteran Affairs.
z) Committee on Wildlife, Parks and Playgrounds – This shall have jurisdiction over all matters relating to the maintenance, operation and regulations of wildlife, parks and playgrounds.
SECTION 81. The sectoral representatives shall automatically chair the committees corresponding to their sectoral group
XV - SPECIAL COMMITTEE
SECTION 82. Franchising of Public Vehicles – Due to the administrative nature of the said task, the maintenance and operation of the public vehicle franchising office shall be under the office of the Vice Mayor. Any policies and legislative task shall undergo the same procedure as stated in Section 30 of this rule.
RULE XVI – JOURNAL AND RECORD OF PROCEEDINGS
SECTION 83. Record of Proceedings. The Sanggunian shall keep a “journal and record” of its proceedings which may be published upon resolution of the majority members thereof.
SECTION 84. Minutes. In addition to the “journal of proceedings” which is required by the law (RA 7160) to be kept, the Sanggunian, thru its Secretary shall also record its proceedings in the form of a “minutes” which shall be submitted by the Secretary to the Sanggunian for appropriate action.
SECTION 85. Reading and Consideration of Previous Minutes. The minutes of the previous session shall be submitted by the Secretary to the Sanggunian during its succeeding regular session. The Sanggunian shall first determine if there are corrections to be made on the minutes and act on it accordingly before the same is adopted and becomes its property. Consideration of the minutes shall not be dispensed with. Reading of the minutes “verbatim” may be dispensed with if the members were already furnished a copy before hand. Being all responsible men and women, the members are presumed to have read the minutes already before they come to the session. In any case, the minutes submitted by the Secretary shall be acted upon by the members present, one way or the other.
SECTION 86. Contents of Minutes. The minute shall contain the following information:
a) Date of session;
b) Place of session;
c) Time when the session was called to order;
d) Statement regarding the attendance of the Presiding Officer and the Sanggunian members;
e) Statement whether the minutes of the previous session were read and approved, or whether reading was dispensed with, including the date of the said session;
f) All motions made, except those withdrawn;
g) Titles, synopsis of proposed ordinances and resolutions as introduced or as vetoed by the City Mayor;
h) The affirmative and the negative votes made;
i) Points of order and appeals, and the result thereof;
j) Time when the session was adjourned.
SECTION 87. Signing of the Minutes. The minutes shall be signed by the Sanggunian Secretary and the Presiding Officer, and entered into the Sanggunian’s record book with an indication of its approval or disapproval and the date thereof.
SECTION 88. Excerpts. Excerpts to be taken out of the minutes shall be certified and attested to as correct by the Secretary and the Presiding Officer on that particular session, respectively.
RULE XVII – RULES ON MOTIONS
SECTION 89. All motions relating to a committee report, if presented or proposed by the reporting committee Chairman, or the reporting committee member, shall need NO second.
SECTION 90. If someone “has the floor”, whether or not he/she is speaking, a “motion to adjourn” shall be ruled “out of order”.
SECTION 91. All “privilege motions” may be proposed even if there is a pending motion or question before the body.
SECTION 92. The following motions can be presented or proposed even if someone has the floor, viz:
a) Appeal from the decision of the Chair
b) Call for Orders of the Day
c) Divide the Assembly, Body (or House, if any)
d) Divide the Question
e) Object to the Consideration of a Question
f) Point of Order
g) Point of Information
h) Point of Parliamentary Inquiry
i) Reconsider
j) Reconsider and have entered on the minutes
k) Raise a question of privilege
The foregoing enumerated motions can interrupt the speaker.
SECTION 93. When there is no quorum present, a motion to adjourn or to take a recess is “in order” provided, that nobody else has the floor.
SECTION 94. The following motions require a SECOND, viz.:
a) Adjourn
b) Adopt a report or resolution, except when proposed by the
reporting Committee Chairman or Member
c) Amend
d) Appeal from the decision of the Chair
e) Commit or refer to a Committee
f) Expunge
g) Extend or Limit the time for debate
h) Fix the Time to which to adjourn
i) Lay on the Table
j) Postpone Definitely
k) Postpone Indefinitely
l) Call for the Previous Question
m) Recess
n) Reconsider
o) Reconsider and have entered on the minutes
p) Rescind or Repeal
q) Suspend the Rules
r) Take from the Table
s) All main motions
SECTION 95. A motion to amend (amendment of the 1st degree) and motion to amend an amendment (amendment of the 2nd degree) may be withdrawn but only before a decision is made thereon.
SECTION 96. A motion to amend is in order only up to the second degree. Thus, a motion “to amend an amendment to an amendment” is out of order.
SECTION 97. A motion can be withdrawn only when it is not yet being discussed or debated upon by the body. Otherwise, any request to withdraw it shall require a vote by general consent and if there is an objection raised for its withdrawal, a majority vote of the members present is required.
SECTION 98. Motions and Order of Preference
a) While a motion or proposal is being considered, no other motion shall be entertained except the following and only in the order in which the herein appear:
1. Motion to adjourn;
2. Motion to suspend the session or to recess;
3. Motion to read any part of the rules;
4. Motion to lay matters on the table;
5. Motion to postpone to a definite date;
6. Motion to postpone indefinitely;
7. Motion to commit/recommit to a committee
b) All motions to adjourn or suspend the session, or to hold executive session shall be resolved without debate.
c) When a verbal motion is presented, the Presiding Officer shall state the same. If the motion is in writing, the Presiding Officer shall cause it to be read by the Sanggunian Secretary before being debated upon.
d) No motion to postpone, definitely or indefinitely, which has already failed to pass, shall again be made on the same day.
e) When a general debate on a motion or proposal is closed, a motion to amend shall be in order.
f) A motion to read any part of the rules is equivalent to a call to order and shall take precedence over all motions except to adjourn, suspend or recess.
RULE XVIII – DISCIPLINARY ACTIONS
SECTION 99. Penalty. Any member who commits an act in transgression of the foregoing Internal Rules of Procedure shall be punished with the corresponding penalties hereunder prescribed, to wit:
1. For disorderly conduct or behavior during a session, committee hearing or committee meeting
2. Conviction by final judgement to imprisonment of at least one (1) year for any crime involving moral turpitude
3. For refusal without valid excuse to perform the task assigned to him by the Sanggunian or Committee of which he is a member
4. For violation of any other provision of this Internal Rules of Procedure not specified 1st offense – reprimand
2nd offense – exclusion from the membership in the committee concerned; suspension to expulsion.
Automatic expulsion
Fifteen (15) days suspension without renumeration
Fine of not less than P500.00 but not more than P1,000.00 or suspension of not more than fifteen (15) days without renumeration
SECTION 100. Unparliamentary Acts, Words and Sanctions. All words and declarations uttered or acts committed during a Sanggunian session or meeting, which personally offend any person or public institution, shall be declared unparliamentary. No member of the Sanggunian, during any debate or discussion, shall use offensive or improper language or innuendoes, or employ any offensive act, against any member of the Sanggunian, or any public officer or institution. In case of serious or grave offense, the Sanggunian, by a two-third (2/3) vote of all the members present, may impose the higher penalty of exclusion from the session or suspension for not more than 60 days, without prejudice to the filing of the appropriate administrative and or judicial complaint as maybe warranted.
SECTION 101. Refusal to abide by the Rules and Dereliction of Duties. Any member of the Sanggunian who shall fail to observe any of these rules, shall be declared by the Presiding Officer to be out of order. A refusal to abide by the Sanggunian’s rules shall be deemed a dereliction of duty and shall be punishable as such.
Section 102. Requisites. The penalty of suspension or expulsion to be imposed shall require the concurrence of at least two-thirds (2/3) vote of all the members of this Sanggunian. For other kinds of penalty only a majority vote of all the members of Sanggunian shall suffice.
SECTION 103. Initiation of Action and Conduct of Investigation. The Committee on Rules shall take cognizance of all the offenses enumerated in the preceding Section committed by any member of this Sanggunian, both composite member and constituent member, i.e. including the Regular Presiding Officer and shall initiate the necessary disciplinary action. It shall forthwith conduct the necessary fact-finding investigation and thereafter shall submit its committee report together with the corresponding recommendation for consideration of the Sanggunian sitting en banc.
For purpose of this Section, only a fact-finding investigation and NOT an “administrative investigation” shall be conducted, and thus, the technical rules of court practice, procedure and evidence shall not be applied. However, the substantive due process requirement of fairness and reasonableness should be observed.
Should any member of the Committee on Rules be the respondent, the Presiding Officer (regular or temporary presiding officer, as the case may be) shall designate a replacement to complete the membership thereof but only insofar as the conduct of the fact-finding investigation is concerned. In performing the other functions of the said committee, the respondent is still a member of that committee.
SECTION 104. Collection of Fines and its Disposition. The Secretary to the Sanggunian shall collect the fines as may be imposed by this Sanggunian and shall take custody thereof as a private trust fund. In the disposition or disbursement of the said fund, the Sanggunian shall convert itself into a “Committee of the Whole” and then decide upon a majority vote of all its members how and for what purpose the said fund would be spent.
RULE XIX – SUSPENSION OF RULES
SECTION 105. Any part of this “Internal Rules of Procedure”, except those prescribed by existing laws may be suspended at any particular session by general consent or by two-thirds (2/3) vote of the members present therein.
RULE XX – AMENDMENTS
SECTION 106. This “Internal Rules of Procedure” may be amended at any regular session by two-thirds (2/3) vote of all the members of this Sanggunian, provided that notice of such proposed amendment is given to all the members of the Sanggunian, and provided further that no provision herein which is based on, or prescribed by, existing laws shall be amended.
RULE XXI – SUPPLEMENTARY RULES
SECTION 107. The rules, procedure and parliamentary practices of the Philippine Congress and books dealing on this subject written by Dr. Antonio Orendain and Handbook on Local Legislation by Reverendo Dihan among others, shall serve as supplementary authorities of this Sanggunian but only insofar as they are not incompatible with the rules and procedures adopted herein.
RULE XXII – REPEALING CLAUSE
SECTION 108. In case, any part of the provisions of this Rules, shall be held invalid or inconsistent with the Local Government Code and other related laws, other parts or provision hereof are not affected thereby shall continue to be in full in force and effect.
RULE XXIII – EFFECTIVITY
SECTION 109. This “Internal Rules of Procedure” shall take effect on the date of its adoption.
APPROVED UNANIMOUSLY, October 24, 2007.
CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer
GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor
SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor
ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor
ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor
CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
(On Leave) (Absent)
ATTEST:
ELFLIDA S. SALMON
Council Secretary
APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.
JAMES GORDON, JR.
City Mayor
ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor
PRESENT:
Hon. Cynthia G. Cajudo - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr.- - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - - - - - - “ “
ABSENT:
Hon. Carlito A. Baloy- - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Leave)
Hon. Robine Rose C. Buenafe- - - - - - - - - - - - - - - SK Federation President
RESOLUTION NO. 158
(Series of 2007)
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 Councilor Rodel S. Cerezo, co-sponsored by Councilors Marey Beth D. Marzan and John Carlos G. delos Reyes and 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 RA 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 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.
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 4:00 p.m.
SECTION 9. Special sessions may be called by the Mayor, Vice-Mayor or by a majority of the members of this 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.
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 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, RA 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) Roll Call
f) Reading and Adoption of the Minutes of the Previous Session
g) Reading and Approval of the Day’s Agenda
h) Reading and References to Corresponding Committees of Proposed Ordinances, Resolutions, Petitions, Messages and other Communications
i) Committee Reports
j) Calendar of Business
k) Other Matters
l) 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, or orally in open session, before the said committee renders its reports. Otherwise, he/her 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.
When the measure to be acted upon by the Sanggunian is “certified by the local chief executive as urgent”, it shall have priority over all other items of business, and shall be considered without need of suspending the rules or even if it is included in the calendar of business.
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 their Floor Leaders.
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 certified as urgent by the local chief executive or by approval of the two-third (2/3) votes of the members present.
e) Any legislative matter duly certified by the local chief executive as urgent whether or not it is included in the calendar of business may be presented and considered by the body at the same meeting without need of suspending the rules.
f) 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 except that a measure certified by the local chief executive as urgent may be submitted for the final voting immediately after it has undergone the periods of debate and amendment during the second reading.
g) 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.
h) 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.
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 the recommendation. No debate shall be allowed at this stage.
c) Committee Report - After due consideration of the proposed measure, the committee(s) concerned shall report the same to the Sanggunian.
The committee may conduct hearing/s on such proposed measure, or if the committee may decide 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 ten (10) 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 ten (10) days upon final approval. Any one who causes delay shall be given disciplinary action by the Committee of the whole.
SECTION 31. 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 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. (Art. 108, IRR).
SECTION 32. 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) Measures certified as urgent by the City Mayor
b) Resolutions (2 readings only)
c) Measures that are considered urgent by 2/3 votes of the members present
SECTION 33. 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 34. To 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 35. 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 36. 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.
SECTION 37. 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 38. Vote by Late-comer. A member who came in late during the session but who happens to arrive 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 39. 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 40. 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 41. 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 42. Majority Vote of All the Members. As provided for under RA 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 7160 (Local Government Code of 1991), specifically the following:
a) paragraph 2-ii (Sec. 458, RA 7160)
b) paragraph 2-iii (Sec. 458, RA 7160)
c) paragraph 2-iv (Sec. 458, RA 7160)
d) paragraph 2-v (Sec. 458, RA 7160)
e) paragraph 3-vii (Sec. 458, RA 7160)
f) paragraph (d) (Sec. 454, RA 7160)
SECTION 43. 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 44. 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 45. 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, RA 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), RA 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, RA 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) 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”.
RULE XI – RULES ON DEBATES AND AMENDMENTS
SECTION 46. As a general rule, no member shall speak before this Sanggunian without first “obtaining the floor”. A member who has obtained the floor shall address all his/her remarks to the Chair. He/She shall conduct himself/herself with proper decorum by confining his/her remarks or arguments to the question under debate and by avoiding personalities.
SECTION 47. No member rendering a committee report or delivering the sponsorship speech shall speak for more than ten (10) minutes unless allowed by a majority of the members present.
SECTION 48. No member shall speak for more than ten (10) minutes on a particular issue or question being debated upon unless he/she is allowed to do so by a majority of the members present.
SECTION 49. During the period of amendments, every member shall observe the so-called “five-minute rule”, i.e., remarks or argumentations by any member on each proposed amendments shall not exceed five (5) minutes.
SECTION 50. The member rendering a committee report or delivering the sponsorship speech of a proposed measure may move to open or close the debate within the ten (10) minutes period allowed to him/her. If he/she fails to exercise his/her option, the Chair may use the “assumed motion” to open or close the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his/her sponsorship speech of a proposed measure, it shall be considered open to debate.
SECTION 51. While having the floor, a member may be interrupted in his/her speech or talk by the Presiding Officer to state a point of order, to respond to questions from the floor, to clarify something related to the issue being discussed or to make certain remarks within his/her privilege.
SECTION 52. The speaker may also be interrupted by another member if the latter desires to ask questions thru his/her privilege to interpellate and by proposing the following motions:
- Point of Order
- Point of Information
- Point of Parliamentary Inquiry
- Call for Orders of the Day
- Divide the Assembly
- Raise a Question of Privilege
- Reconsider
- Appeal from the Decision of the Chair
SECTION 53. All questions addressed to the speaker or the member having the floor must always be coursed thru the Presiding Officer.
SECTION 54. The speaker being interpellated may decline to answer questions, if he/she so desires.
SECTION 55. No member shall speak against his/her own motion or proposition. He may, however, be permitted to withdraw his/her motion or proposition if his/her request to withdraw is denied, he/she may vote against it.
SECTION 56. While the period of debate is in progress, no member shall roam around the Session Hall or leave the premises without the permission of the Chair.
SECTION 57. A motion to close debate is in order if two (2) members have already spoken in the affirmative side and two (2) in the negative side; or only one (1) member has spoken in favor but none against it.
SECTION 58. Subject to the requirement of the preceding Section, if no member moves to close the period of debate, the Chair, motu propio, may use the “assumed motion” in order to close the period of debate.
SECTION 59. When a motion “to call for the previous question” is proposed by a member which would result in the closing of debate on a pending question, two-thirds (2/3) affirmative vote is hereby required.
SECTION 60. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave his/her post nor interrupt the former in his talk.
SECTION 61. After the period of debate has been closed, the period of amendments shall immediately follow.
SECTION 62. Unless a different method is adopted by the members present in a particular session, amendments to any proposed measure, or parts thereof, shall be in seriatim. Under this seriatim method, the proposed measure is read paragraph by paragraph or section by section and after each one is read, amendments can be proposed and debated upon. Thereafter, a vote is taken on the proposed amendment. Eventually, this process will reach its conclusion and the original measure or proposition is said to have passed the “second reading”.
SECTION 63. Privileged Questions and Questions of Privilege
a) Privileged Questions. These shall include, aside from questions of privilege, motions to adjourn or recess, and call for the orders of the day.
All these questions shall be undebatable and shall have the precedence over other motions and questions, in accordance with order of preference.
i. A call for order of the day shall be demanded that the Sanggunian conform to its order of business, a motion to that effect requires no second.
ii. Any member shall have the right to demand from the Chairman that the order of business be conformed to.
iii. Any member who shall call for order of the day when there has been no deviation from the order of business shall be declared out of order.
b) Questions of Privilege. Questions relating to the rights and privileges of the Sanggunian or any of its members shall take precedence over all motions except those relating to adjournment and recess. The following shall constitute question of privilege:
i. Any member may interrupt another member’s speech when required by urgency and immediate action is called for, as when a speech which is being read cannot be heard.
ii. Those relating to matters pertinent to the comfort and convenience of the members of the Sanggunian.
iii. Those relating to freedom from noise, interference, and offensive conduct of officers or other employees.
iv. Those relating to organization of the Sanggunian.
v. Those relating to the punishment of a member for disorderly conduct or other offense.
vi. Those relating to accuracy of published reports.
Questions of privilege may be raised while another business is pending, and may even interrupt a speaker, who should then take his seat and yield to the privileged questioner, until the question of privilege is acted upon.
RULE XII – COMMITTEES
SECTION 64. Creation of Committees. The following rules shall be observed in the creation of committees:
a) A regular or standing committee may be created or re-organized by a majority vote of all the members of the Sanggunian;
b) The Presiding Officer may recommend the creation or re-organization of any regular or standing committee. The Sanggunian shall act on his/her recommendation without debate and vote on it immediately;
c) Special or Ad-Hoc committees may be created upon the initiative of the Chair or thru a motion by any member, subject however, to the affirmative votes of a majority of the members present, there being a quorum.
SECTION 65. Composition. Every regular committee to be created shall be composed of the Chairman, Vice Chairman, and one (1) member.
SECTION 66. Restrictions.
a) The Presiding Officer shall not be a member of any regular committee. However, he/she may be designated by the body as Chairman of Ad-Hoc or Special Committee, provided that the purpose or task for which the committee is created does not involve legislative matters or policy-making.
b) No person other than members of the Sanggunian shall be made a member of any regular committee.
c) No member shall participate in the committee’s deliberations if he/she has a direct or indirect personal or pecuniary interest on the matter being handled by that committee.
SECTION 67. Committee Hearings or Public Hearings. No tax ordinance or revenue measures shall be enacted by this Sanggunian in the absence of a public hearing duly conducted by the committee concerned.
67.a. Order.
1. Opening Remarks of Committee Chairman/Chairmen;
2. Explain background/reason for hearing. Announce administration matter (how the hearing will proceed including adjournment time);
3. Recognize officials present, then the witnesses and other prominent personalities;
4. Swear all witnesses “do you swear to tell the truth and nothing but the truth in today’s proceedings?”;
5. Witnesses Opening Statement;
6. Conduct of Questioning (max 5 minutes per round) Vice Mayor then Councilors by rank with committee chair/s being the last if all are present when hearing started, otherwise, if Councilors arrive when hearing already started, order of questioning is by time they joined the hearing. If this is an investigative hearing, the Councilor who initiated the investigation follows the Vice Mayor;
7. The Chair will advice “please wrap up your questioning” 30 seconds before 5 minutes are consumed;
8. Councilors can relinquish his time in favor of other Councilor.
SECTION 68. Committee Meetings. As a general rule, a committee meeting shall be attended only by committee members unless a majority of the members of the committee thereof decided to allow other persons to be present especially invited resource persons or consultants.
SECTION 69. Committee Hearing distinguished from Committee Meeting. For purposes of this Internal Rules, a committee hearing is an activity of the Sanggunian, thru its committees, wherein the general public particularly those representing different sectors that may be interested or affected by a proposed measure are invited to attend to hear and be heard on that matter. This is synonymous to the term “public hearing”. On the other hand, a committee meeting, as the term implies, is a “meeting” of the members of the committee for the primary purpose of decision-making. Since decision-making is a difficult task, the committee is not precluded from inviting and seeking advice from technical persons.
SECTION 70. Quorum. A majority of all the members of the committee shall constitute a quorum to do business.
SECTION 71. Calling a Committee Meeting. A committee meeting may be called by the following:
a) Chairman
b) Vice Chairman, if he/she is in the capacity of “Acting Chairman”
c) Majority of the committee members
Provided, that due notice is served upon each and every committee member.
SECTION 72. Vacancy. Vacancy in a committee shall be filled:
a) By a majority vote of all the members of the Sanggunian; or
b) By the Presiding Officer; by general consent (unanimous assent) of the members present, there being a quorum.
SECTION 73. Appearance of Head of Department / Offices in Committee Meetings. The following rules shall be observed in requesting for the appearance of heads of department or offices:
a) Official invitation or request by any committee to appear before it of any head of department or offices, whether local or national, shall be coursed thru the Presiding Officer. The Presiding Officer shall then endorse it to the head of local and national offices concerned;
b) The invitation or request shall specify the reason for such appearance or the assistance needed, as the case may be.
RULE XIII – COMMITTEE REPORTS
SECTION 74. Submission of Committee Report. Every committee to which a particular measure is referred by the Presiding Officer shall submit its report in writing to the Sanggunian, thru the Secretary, after finishing its task.
SECTION 75. Joint Committee or Multiple Committee Report. When measure is referred to two or more committees, the committees concerned may submit a “joint committee report” or “multi-committee report” as the case may be, or separate report thereon.
SECTION 76. Content of Committee Report. The committee report shall contain the following information:
a) Name of the reporting committee or committees
b) Brief statement of the subject matter referred to it and the action taken thereon including information gathered during the conduct of committee hearings or meetings and other relevant information
c) Findings or conclusions
d) Recommendations (either to “file it away” or “to calendar it for second reading”)
e) Names and signatures of concurring members
f) Appendices (Minutes of the committee hearings or committee meetings, as the case may be)
SECTION 77. Discharge of Committee. A committee which failed to submit a committee report within the time required may be discharged by the Sanggunian from further consideration of the measure or question referred to it. Upon motion by any member, the said measure can be re-assigned to another committee or submit to the body for proper disposition.
SECTION 78. Recommitting a Measure. When the Sanggunian is not satisfied with the report of a particular committee on a measure referred to it, the same may be re-committed or returned back to that committee for further study.
SECTION 79. Calendaring a Measure for Second Reading. After the committee has rendered its report recommendation favorably for the enactment of proposed ordinance, a copy of the same shall be furnished to the members of the Sanggunian. The sponsor shall calendar the same for second reading. Before the said proposed ordinance is sponsored on the floor, a copy thereof shall be furnished every Sanggunian member by the committee Chairman concerned.
XIV - STANDING COMMITTEES
SECTION 80. Standing Committees – There shall be twenty-six (26) standing committees, consisting of a chairman, vice-chairman and a member. The following committees are constituted, whose duties and powers are as follows, to wit:
a) Committee on Finance and Appropriations – This shall have general jurisdiction over all matters relating to the approval of the budget, monetary and fiscal matters; all matters relating to the funds for the expenditure of the city government and for the payment of public indebtedness, claims against the government, and appropriations of public funds.
b) Committee on Ways and Means – This shall have jurisdiction over all matters related to taxes, fees, charges, loans, study and revision of tax measures; and generation of other sources and forms of revenue from public and private sectors, including codification of revenue ordinance.
c) Committee on Organizational Development and Personnel Matters – This shall have jurisdiction to determine the compensation of personnel and the creation and re-organization of local offices and shall oversee the personnel development program.
d) Committee on Laws, Complaints, Investigations and Human Rights Protection – This shall have general jurisdiction over all matters relating penal ordinances, expropriations, naming of streets and public places; legal orders from the court on city ordinances; all matters relating to complaints that are lodged with and undertaken by the Sanggunian; investigation of charges of misfeasance and malfeasance against local officials and employees; and matters relating to the promotion and protection of human rights.
e) Committee on Education, Arts and Culture – This shall have jurisdiction over all matters relating to education and culture; local schools, colleges and universities; libraries and museums; non-formal and community-adult education; scientific and technological research, development and advancement; and moral and religious formation of the community.
f) Committee on Telecommunications and Information Technology – This shall have general jurisdiction over all matters relating to 1) telecommunications such as land/microwave/satellite based telephone including cellular phone system, radio and television broadcasting including cable TV, and general telephony;
Con’t. of Resolution No. 158, Series of 2007.and 2) information communications technology (ICT) including internet, e-Business and e-Governance. Shall oversee advances in ICT and ensure that the city’s computerization program complements effective governance.
g) Committee on Health and Public Welfare – This shall have jurisdiction over all matters relating to the health and welfare of the residents, including proposals pertaining to sanitation, cemeteries, hospitals, health centers and other health and sanitary measures.
h) Committee on Engineering and Public Welfare – This shall have general jurisdiction over all matters relating to planning, construction, maintenance, improvements and repair of public buildings, highways, bridges, roads, parks, shrines, monuments, playgrounds and other public edifices, drainage, sewerage, flood control and protection, building permits and other public improvement projects.
i) Committee on Public Utilities – This shall have jurisdiction over all matters relating to public utilities, including the power system, and the water system.
j) Committee on Peace & Order and Public Safety – This shall have jurisdiction over all matters relating to police work and service; drug prevention; maintenance of public order and security and prevention of crimes in coordination with the Philippine National Police and other protective agencies and organizations of the national government.
k) Committee on Traffic Management – This shall have jurisdiction over all matters relating to traffic management
l) Committee on Transportation – This shall have the legislative jurisdiction over all public transport operating within the city (sea, land and air).
m) Committee on House Rules and Privileges – This shall have jurisdiction over all matters relating to the Sanggunian Rules of Procedures; Order of Business; Certification of Ordinances; implementation of local ordinances and conduct, rights, privileges, safety, dignity, integrity and reputation of the Sanggunian and its members.
n) Committee on Public Markets and Slaughterhouses – This shall have jurisdiction over all matters relating to public markets and slaughterhouses and their maintenance and allied projects.
o) Committee on Business & Economic Enterprises – This shall have general jurisdiction over all matters relating to the establishment, operation and maintenance and regulation of all business establishments within the city; enhancement of entrepreneurial activities and undertakings, provision of incentives to investors and shall have the jurisdiction over all economic enterprise being run and maintained by the city except the markets and slaughterhouses.
p) Committee on Tourism – This shall have general jurisdiction over all matters relating to the development and promotion of tourism in the city;
q) Committee on Labor and Employment – This shall have jurisdiction over all matters relating to protection of labor and provision of ameliorative service. Shall spearhead employment generation and vocational, technical and skills development program.
r) Committee on Environment Protection, Lands, Housing and Zoning – This shall have jurisdiction over all matters relating to environmental protection, land use and reclassification; housing, zoning and allied matters.
s) Committee on Women, Family and Gender Equality – This shall have jurisdiction over all matters relating to the promotion and protection of the rights, opportunities and welfare of women; the strengthening and developing of family life and the promotion of gender equality.
t) Committee on Livelihood and Cooperatives – This shall have jurisdiction over all matters relating to livelihood program in the city; organization and supervision of local cooperatives.
u) Committee on Social Welfare – This shall have jurisdiction over all matters related to social welfare and ameliorative services; public social services for the disadvantaged groups in the Philippine society including the disabled, and street children.
v) Committee on Agriculture and Fisheries – This shall have jurisdiction over all matters related to agriculture and fisheries, agricultural and aquatic economic research; soil and water survey and conservation, agricultural and fishing education.
w) Committee on Barangay Affairs and Community Development – This shall have general supervision over all matters pertaining to supervision by the City Government over the barangays and the undertaking of community projects at the Barangay level.
x) Committee on Youth and Sports Development – This shall have jurisdiction over all matters relating to the youth; the promotion of the youth’s moral, physical, intellectual and social well being; the Barangay youth council and the development of sports and sportsmanship in the community.
y) Committee on Senior Citizens and Veterans’ Affairs – This shall have jurisdiction over all matters relating to the promotion and of the rights, opportunities and welfare of the elderly and relating to Veteran Affairs.
z) Committee on Wildlife, Parks and Playgrounds – This shall have jurisdiction over all matters relating to the maintenance, operation and regulations of wildlife, parks and playgrounds.
SECTION 81. The sectoral representatives shall automatically chair the committees corresponding to their sectoral group
XV - SPECIAL COMMITTEE
SECTION 82. Franchising of Public Vehicles – Due to the administrative nature of the said task, the maintenance and operation of the public vehicle franchising office shall be under the office of the Vice Mayor. Any policies and legislative task shall undergo the same procedure as stated in Section 30 of this rule.
RULE XVI – JOURNAL AND RECORD OF PROCEEDINGS
SECTION 83. Record of Proceedings. The Sanggunian shall keep a “journal and record” of its proceedings which may be published upon resolution of the majority members thereof.
SECTION 84. Minutes. In addition to the “journal of proceedings” which is required by the law (RA 7160) to be kept, the Sanggunian, thru its Secretary shall also record its proceedings in the form of a “minutes” which shall be submitted by the Secretary to the Sanggunian for appropriate action.
SECTION 85. Reading and Consideration of Previous Minutes. The minutes of the previous session shall be submitted by the Secretary to the Sanggunian during its succeeding regular session. The Sanggunian shall first determine if there are corrections to be made on the minutes and act on it accordingly before the same is adopted and becomes its property. Consideration of the minutes shall not be dispensed with. Reading of the minutes “verbatim” may be dispensed with if the members were already furnished a copy before hand. Being all responsible men and women, the members are presumed to have read the minutes already before they come to the session. In any case, the minutes submitted by the Secretary shall be acted upon by the members present, one way or the other.
SECTION 86. Contents of Minutes. The minute shall contain the following information:
a) Date of session;
b) Place of session;
c) Time when the session was called to order;
d) Statement regarding the attendance of the Presiding Officer and the Sanggunian members;
e) Statement whether the minutes of the previous session were read and approved, or whether reading was dispensed with, including the date of the said session;
f) All motions made, except those withdrawn;
g) Titles, synopsis of proposed ordinances and resolutions as introduced or as vetoed by the City Mayor;
h) The affirmative and the negative votes made;
i) Points of order and appeals, and the result thereof;
j) Time when the session was adjourned.
SECTION 87. Signing of the Minutes. The minutes shall be signed by the Sanggunian Secretary and the Presiding Officer, and entered into the Sanggunian’s record book with an indication of its approval or disapproval and the date thereof.
SECTION 88. Excerpts. Excerpts to be taken out of the minutes shall be certified and attested to as correct by the Secretary and the Presiding Officer on that particular session, respectively.
RULE XVII – RULES ON MOTIONS
SECTION 89. All motions relating to a committee report, if presented or proposed by the reporting committee Chairman, or the reporting committee member, shall need NO second.
SECTION 90. If someone “has the floor”, whether or not he/she is speaking, a “motion to adjourn” shall be ruled “out of order”.
SECTION 91. All “privilege motions” may be proposed even if there is a pending motion or question before the body.
SECTION 92. The following motions can be presented or proposed even if someone has the floor, viz:
a) Appeal from the decision of the Chair
b) Call for Orders of the Day
c) Divide the Assembly, Body (or House, if any)
d) Divide the Question
e) Object to the Consideration of a Question
f) Point of Order
g) Point of Information
h) Point of Parliamentary Inquiry
i) Reconsider
j) Reconsider and have entered on the minutes
k) Raise a question of privilege
The foregoing enumerated motions can interrupt the speaker.
SECTION 93. When there is no quorum present, a motion to adjourn or to take a recess is “in order” provided, that nobody else has the floor.
SECTION 94. The following motions require a SECOND, viz.:
a) Adjourn
b) Adopt a report or resolution, except when proposed by the
reporting Committee Chairman or Member
c) Amend
d) Appeal from the decision of the Chair
e) Commit or refer to a Committee
f) Expunge
g) Extend or Limit the time for debate
h) Fix the Time to which to adjourn
i) Lay on the Table
j) Postpone Definitely
k) Postpone Indefinitely
l) Call for the Previous Question
m) Recess
n) Reconsider
o) Reconsider and have entered on the minutes
p) Rescind or Repeal
q) Suspend the Rules
r) Take from the Table
s) All main motions
SECTION 95. A motion to amend (amendment of the 1st degree) and motion to amend an amendment (amendment of the 2nd degree) may be withdrawn but only before a decision is made thereon.
SECTION 96. A motion to amend is in order only up to the second degree. Thus, a motion “to amend an amendment to an amendment” is out of order.
SECTION 97. A motion can be withdrawn only when it is not yet being discussed or debated upon by the body. Otherwise, any request to withdraw it shall require a vote by general consent and if there is an objection raised for its withdrawal, a majority vote of the members present is required.
SECTION 98. Motions and Order of Preference
a) While a motion or proposal is being considered, no other motion shall be entertained except the following and only in the order in which the herein appear:
1. Motion to adjourn;
2. Motion to suspend the session or to recess;
3. Motion to read any part of the rules;
4. Motion to lay matters on the table;
5. Motion to postpone to a definite date;
6. Motion to postpone indefinitely;
7. Motion to commit/recommit to a committee
b) All motions to adjourn or suspend the session, or to hold executive session shall be resolved without debate.
c) When a verbal motion is presented, the Presiding Officer shall state the same. If the motion is in writing, the Presiding Officer shall cause it to be read by the Sanggunian Secretary before being debated upon.
d) No motion to postpone, definitely or indefinitely, which has already failed to pass, shall again be made on the same day.
e) When a general debate on a motion or proposal is closed, a motion to amend shall be in order.
f) A motion to read any part of the rules is equivalent to a call to order and shall take precedence over all motions except to adjourn, suspend or recess.
RULE XVIII – DISCIPLINARY ACTIONS
SECTION 99. Penalty. Any member who commits an act in transgression of the foregoing Internal Rules of Procedure shall be punished with the corresponding penalties hereunder prescribed, to wit:
1. For disorderly conduct or behavior during a session, committee hearing or committee meeting
2. Conviction by final judgement to imprisonment of at least one (1) year for any crime involving moral turpitude
3. For refusal without valid excuse to perform the task assigned to him by the Sanggunian or Committee of which he is a member
4. For violation of any other provision of this Internal Rules of Procedure not specified 1st offense – reprimand
2nd offense – exclusion from the membership in the committee concerned; suspension to expulsion.
Automatic expulsion
Fifteen (15) days suspension without renumeration
Fine of not less than P500.00 but not more than P1,000.00 or suspension of not more than fifteen (15) days without renumeration
SECTION 100. Unparliamentary Acts, Words and Sanctions. All words and declarations uttered or acts committed during a Sanggunian session or meeting, which personally offend any person or public institution, shall be declared unparliamentary. No member of the Sanggunian, during any debate or discussion, shall use offensive or improper language or innuendoes, or employ any offensive act, against any member of the Sanggunian, or any public officer or institution. In case of serious or grave offense, the Sanggunian, by a two-third (2/3) vote of all the members present, may impose the higher penalty of exclusion from the session or suspension for not more than 60 days, without prejudice to the filing of the appropriate administrative and or judicial complaint as maybe warranted.
SECTION 101. Refusal to abide by the Rules and Dereliction of Duties. Any member of the Sanggunian who shall fail to observe any of these rules, shall be declared by the Presiding Officer to be out of order. A refusal to abide by the Sanggunian’s rules shall be deemed a dereliction of duty and shall be punishable as such.
Section 102. Requisites. The penalty of suspension or expulsion to be imposed shall require the concurrence of at least two-thirds (2/3) vote of all the members of this Sanggunian. For other kinds of penalty only a majority vote of all the members of Sanggunian shall suffice.
SECTION 103. Initiation of Action and Conduct of Investigation. The Committee on Rules shall take cognizance of all the offenses enumerated in the preceding Section committed by any member of this Sanggunian, both composite member and constituent member, i.e. including the Regular Presiding Officer and shall initiate the necessary disciplinary action. It shall forthwith conduct the necessary fact-finding investigation and thereafter shall submit its committee report together with the corresponding recommendation for consideration of the Sanggunian sitting en banc.
For purpose of this Section, only a fact-finding investigation and NOT an “administrative investigation” shall be conducted, and thus, the technical rules of court practice, procedure and evidence shall not be applied. However, the substantive due process requirement of fairness and reasonableness should be observed.
Should any member of the Committee on Rules be the respondent, the Presiding Officer (regular or temporary presiding officer, as the case may be) shall designate a replacement to complete the membership thereof but only insofar as the conduct of the fact-finding investigation is concerned. In performing the other functions of the said committee, the respondent is still a member of that committee.
SECTION 104. Collection of Fines and its Disposition. The Secretary to the Sanggunian shall collect the fines as may be imposed by this Sanggunian and shall take custody thereof as a private trust fund. In the disposition or disbursement of the said fund, the Sanggunian shall convert itself into a “Committee of the Whole” and then decide upon a majority vote of all its members how and for what purpose the said fund would be spent.
RULE XIX – SUSPENSION OF RULES
SECTION 105. Any part of this “Internal Rules of Procedure”, except those prescribed by existing laws may be suspended at any particular session by general consent or by two-thirds (2/3) vote of the members present therein.
RULE XX – AMENDMENTS
SECTION 106. This “Internal Rules of Procedure” may be amended at any regular session by two-thirds (2/3) vote of all the members of this Sanggunian, provided that notice of such proposed amendment is given to all the members of the Sanggunian, and provided further that no provision herein which is based on, or prescribed by, existing laws shall be amended.
RULE XXI – SUPPLEMENTARY RULES
SECTION 107. The rules, procedure and parliamentary practices of the Philippine Congress and books dealing on this subject written by Dr. Antonio Orendain and Handbook on Local Legislation by Reverendo Dihan among others, shall serve as supplementary authorities of this Sanggunian but only insofar as they are not incompatible with the rules and procedures adopted herein.
RULE XXII – REPEALING CLAUSE
SECTION 108. In case, any part of the provisions of this Rules, shall be held invalid or inconsistent with the Local Government Code and other related laws, other parts or provision hereof are not affected thereby shall continue to be in full in force and effect.
RULE XXIII – EFFECTIVITY
SECTION 109. This “Internal Rules of Procedure” shall take effect on the date of its adoption.
APPROVED UNANIMOUSLY, October 24, 2007.
CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer
GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor
SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor
ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor
ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor
CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
(On Leave) (Absent)
ATTEST:
ELFLIDA S. SALMON
Council Secretary
APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.
JAMES GORDON, JR.
City Mayor
ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor
Labels: ADOPTING, CEREZO, DELOS REYES, MARZAN, REVISED INTERNAL RULES, SANGGUNIANG PANLUNGSOD OF OLONGAPO
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