2013 R - 55 - ADOPTING THE REVISED INTERNAL RULES OF PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF OLONGAPO
EXCERPTS FROM THE MINUTES OF THE REGULAR
SESSION (INAUGURAL SESSION) OF THE SANGGUNIANG
PANLUNGSOD OF OLONGAPO, HELD ON
JULY 11, 2013 AT THE CITY HALL.
PRESENT:
Hon.
Rodel S. Cerezo - -City Vice-Mayor & Presiding
Officer
Hon. Eyrma Yvette Marzan-Estrella- - City
Councilor
Hon.
Eduardo J. Piano- - “
“
Hon.
Aquilino Y. Cortez, Jr. - - “ “
Hon. Eduardo G. Guerrero-
-“ “
Hon.
Benjamin G. Cajudo II - - “
“
Hon. Elena C. Dabu - - “ “
Hon. Noel Y. Atienza - - - “
“
Hon.
Alreuela M. Bundang-Ortiz - - “
“
Hon.
Edna A. Elane- - - - “ “
Hon.
Emerito Linus D. Bacay - - “ “
Hon.
Carlito A. Baloy - - President, Liga ng mga Barangay
Hon.
Dolly Mae M. Ramos- - SK City Federation President
ABSENT:
None.
RESOLUTION NO. 55
(Series of 2013)
A
RESOLUTION ADOPTING THE REVISED INTERNAL RULES OF PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF
OLONGAPO
In the interest of public service and on
motion of City Councilor Elena C. Dabu, with the unanimous accord of the
Members of the Sangguniang Panlungsod
present;
RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session
assembled, to adopt, as it hereby adopts the following Revised Internal Rules
of Procedure for the Sangguniang Panlungsod of Olongapo:
RULE I – COMPOSITION
SECTION 1. The composition of this
Sanggunian shall be provided by existing laws, specifically by R.A. No. 7160
otherwise known as the “Local Government Code of 1991”.
RULE II – POWERS, DUTIES AND
FUNCTIONS OF THE SANGGUNIAN
SECTION 2. The powers, duties and
functions of this Sanggunian shall be as provided for under Rule XVII of the
Rules and Regulations Implementing the Local Government Code of 1991.
RULE III – DUTIES AND RESPONSIBILITIES
OF INDIVIDUAL MEMBERS
SECTION 3. Every member of this
Sanggunian shall make a full disclosure of his/her financial and business
interest as required of him/her under Art. 104, Rule XVII of the Rules and
Regulations Implementing the Local Government Code of 1991.
SECTION 4. Every member shall attend
all the sessions of this Sanggunian unless he/she is prevented from doing so by
reason of sickness or other unavoidable circumstances provided that, as a
general rule, previous notice thereto shall be sent to the Sanggunian thru the
Presiding Officer or the Secretary.
SECTION 5. Every member shall observe
proper deportment and decorum during sessions with specified dress code as
agreed upon by all members.
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 1:00 P.M.
SECTION 9. When public interest so demands, special
sessions may be called by the City Mayor or by a majority of the members of the
Sanggunian.
SECTION 10. A written notice to the Sanggunian members stating
the date, time and purpose of the session shall be served personally or left
with a member of his household of majority age at his/her usual place of
residence at least twenty four (24) hours before the Special session is held.
SECTION 11. Unless otherwise agreed upon by two-thirds (2/3)
vote of the members present, there being a quorum, no other matter may be
considered at a Special session except those stated in the notice.
SECTION 12. All sessions shall be open to the public unless a
close door session is ordered by an affirmative vote of a majority of the
members present, there being a quorum, in the public interest or for reasons of
security, decency, or morality.
SECTION 13. No two (2) sessions, whether Regular or Special, may
be held in a single day
SECTION 14. Adjourned
Session. An
“adjourned session” may be held:
a)
Thru the initiative of the Chair, by using the “assumed motion”; or by
a majority of the members present in a session where there is NO quorum,
wherein they may decide to adjourn from hour to hour, or day to day, and compel
the attendance of the absent members in order to obtain the necessary quorum.
b)
By a majority vote of the members present in any Regular or Special
session, there being a quorum, in order to finish very important business which
needs immediate action.
c)
The agenda for the adjourned quorum will be included in the agenda for
the next session.
RULE VII – QUORUM
SECTION 15. A majority of the members of
the Sanggunian who have been elected and qualified shall
constitute a quorum to transact official business.
SECTION 16. Other interpretations to the
contrary notwithstanding, the term “elected and qualified” shall be construed
to include not only the regular member but also the “ex-officio” members and
sectoral representatives of this Sanggunian.
SECTION 17. In computing the presence of
a “quorum” the term “majority” shall be based on the actual membership or
incumbents in the Sanggunian which shall exclude the following:
-
Presiding Officer (regular);
-
A member who is on official leave of absence;
-
A deceased member;
-
A member who has resigned;
-
A member who has been suspended;
-
A member who was expelled or removed by final judgment.
SECTION 18. No
quorum at the start of the session. When the appointed time has come to start the regular
session, the Presiding Officer (regular or temporary, as the case may be) shall
call the session to order, with or without a quorum.
In
the absence of a quorum after calling the session to order, the Presiding
Officer may perform any of the following:
a)
He/She may adjourn the session from hour to hour if he/she would like to
wait for other members who may be late in coming to the session;
b) He/She may adjourn the
session from day to day; or
c) He/She may adjourn the session for lack of
quorum.
SECTION 19. No
quorum during the session which was started with a quorum. During a session which was
started with quorum and a question on the lack of quorum is raised by any
member, the Presiding Officer shall immediately cause the reading of the roll
of members and announce the result thereof and then declare whether or not
there exist a quorum.
In the absence of a quorum, the Presiding Officer may
declare a recess of not more than one
(1) hour and
wait for other
members to come;
or a majority
of the members present may adjourn from hour to hour; or day to day and
may compel the immediate attendance of any member absent without justifiable
cause by designating a member of the Sanggunian, to be assisted by a member or
members of the police force to arrest the absent member and present him at the
session. (Sec. 53, R.A. No. 7160)
If there is still no quorum despite the enforcement of
the above remedial measures, the Presiding Officer may, motu propio, or upon proper motion from the floor duly
adopted by the body, then declare the session adjourned for lack of quorum.
RULE VIII – ORDER OF BUSINESS
SECTION 20. The Order of Business of this Sanggunian shall be as
follows:
a) Call to Order;
b) Invocation;
c) Pambansang Awit;
d) Panunumpa sa Watawat ng
Pilipinas;
e) Himno ng Olongapo;
f) Roll Call;
g) Reading and Adoption of the Minutes
of the Previous Session;
h) Reading and Approval of the Day’s
Agenda;
i) Reading and References to
Corresponding Committees of Proposed Ordinances, Resolutions, Petitions,
Messages and other Communications;
j) Committee Reports;
k) Calendar of Business;
l) Other Matters;
m) 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/she shall
be precluded to oppose it on the floor.
SECTION 27. Deviation from the prescribed Order of Business may
be done under the following circumstances:
When the Sanggunian decided to suspend the rules thru an “assumed
motion” by the Chair or thru a motion to suspend the rules by a member. In any
case, the decision to suspend the rules shall require a vote by general
consent, a unanimous vote, or at least two-thirds (2/3) vote of the members
present.
SECTION 28. Agenda
a) Matters that may be taken up
during a Sanggunian session or meeting, shall be limited to those listed in the
agenda subject to the provisions of the Internal Rules. The agenda shall be
distributed among the Members of the Sanggunian one day before the scheduled
session or meeting. Any person who willfully delay or obstruct the proper
distribution of agenda shall be meted a penalty subject to the limitation
provided for by the law.
b) Any member who desires to
avail of his right to deliver a privilege speech shall first register his/her
request with the Chairman, Committee on House Rules, identifying the subject
matter of his/her proposed speech, and then seek the permission of the
Presiding Officer, after which he/she may deliver his/her speech for not more
than ten (10) minutes. Provided, that, however, if more than one member
registered to avail of this privilege, each member’s speech shall be limited to
five (5) minutes only.
With the consent of two thirds (2/3) of all
the members of the Sanggunian present, urgent matters which involve public
interest and the delay of which shall prejudice essential activities of the
local government, may be submitted to the Chairman, Committee on House Rules
for inclusion in the agenda of the day’s session.
Any motion, resolution, proposal, or
ordinance appearing in the agenda for reference to the corresponding committees
shall not be made the subject of any debate or discussion.
The agenda for the day will be approved by
the Sanggunian through a simple majority vote. With the consent of 2/3 votes of
the members present, a measure may be included in the agenda provided that it
has been registered with 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 by approval of the two-third (2/3) votes of the
members present.
e)
The secretary to the Sanggunian shall prepare copies of the proposed
ordinances or resolutions in the form it was passed on second reading, and
shall distribute to each Sanggunian member a copy thereof.
f)
No ordinance or resolution passed by the Sanggunian in a Regular, or Special
session duly called for the purpose, shall be valid unless approved by a
majority of the members present, there being a quorum.
g)
Upon the passage of all ordinances and resolutions directing the
payment of money or creating a liability, and at the request of any member, the
Sanggunian Secretary shall record the ayes and the nays. Each approved
ordinance or resolution shall be stamped with the seal of the Sanggunian and
recorded in a book kept for the purpose.
h)
A resolution ratifying the contract/MOA previously granting authority
to the Local Chief Executive should first be approved/passed prior to its
executive implementation except on matters involving national security,
imminent danger and circumstances of the same nature.
SECTION 30. Filing Consideration
and Approval of Proposed Ordinances, Resolutions, Motions and Other Matters.
a)
Filing - Legislative actions of a
general and permanent character shall be enacted in the form of ordinances,
while those ministerial or administrative in nature and of a temporary
character shall be passed in the form of resolutions. The title with the complete
text of proposed ordinances and resolutions shall be filed with the Office of
the Vice Mayor for inclusion in the agenda. Only those who are stated or
signed as author(s)
and co-author(s) shall
be considered as such, but other members may be considered
as author(s) and co-author(s) if so manifested on the floor, subject to the
consent of the main author.
All matters endorsed by the City Mayor to the Sanggunian,
as well as petitions and other communications received from the general public,
shall likewise be transmitted to the members.
b)
First Reading - All proposed measures transmitted to the
Office of the Vice Mayor shall be calendared for the first time, and only the
titles thereof and the names of their author(s) shall be read. However, the draft
of the said proposed measure shall be included
and distributed to all the members. No measures shall be taken or included in
the agenda without its draft text.
After such first reading, the proposed measure shall be
referred to the proper committee(s) for study, comment and recommendation. No
debate shall be allowed at this stage.
c)
Committee Meeting/Report - After due consideration of
the proposed measure, the committee(s) concerned shall conduct a meeting and report
the same to the Sanggunian.
All inquiries, comments and suggestions regarding the
proposed legislative measure shall be considered during the committee meeting.
If the committee decides that hearing is not necessary, the Chairman of the
committee should report it immediately on the floor.
If the committee, to which a proposed measure is
referred, fails to take action thereon within fifteen (15) working days from
such referral, the proposed measure shall be deemed favorably reported by such
a committee, and the proposal shall be calendared for second reading, upon the
proponent’s instance. During committee meetings the said proposal shall be put
into a vote among members of the committee to determine who are in favor or
against the proposed measure.
A committee member who abstains against a proposal shall
have no right to object to it on the session. To have a right to participate in
the floor deliberation, a committee member should cast his/her affirmative or
negative vote during committee meeting.
A committee member unless he/she has entered his/her
objection to his/her committee’s report or, in lieu thereof, has filed with the
Secretary his dissenting vote in writing before the report is submitted to the
body in open session shall be presumed to have concurred in the report and
shall thus be precluded from opposing it on the floor.
The committee report maybe dispensed if the proposed
measure is sponsored by the concerned committee or upon approval of the 2/3
members present in the session.
d)
Second Reading - On the next regular session after a proposed
measure is reported favorably by the committee(s) concerned, it may be
calendared for second reading at the instance of the proponent.
During the second reading, the principal author of the
proposed measure shall deliver a sponsorship speech. The speech shall not
exceed for ten (10) minutes. Thereafter, shall proceed to make the necessary
motion to open the floor for debate on the measure.
Main
speeches during the discussion of any proposed measure shall be limited to ten
(10) minutes only for each speaker in favor of the proposed measure excluding
the principal author. Rebuttal speech shall be limited to five (5) minutes only
for every speaker who is against the measure.
The order of the speeches should as much as possible,
alternated between speakers in favor of and against the proposed measure.
After the maximum of two (2) speeches in favor and two (2)
speeches against the proposed measure have been delivered alternately, or after
only one speech in favor of the proposed measure shall have been delivered and
none against it, a motion to close the general debate maybe in order. Once
approved by a majority of all the members present, the Presiding Officer shall
then declare the period for amendments open.
The Sanggunian retains the right, by a majority vote of
all its members, to close all debates at any time during the discussion.
After the period of amendments has been closed, the
proposed measure shall be voted upon for final action by the Sanggunian, during
which no more than one main speech and one rebuttal speech, both subject to the
five-minute rule shall be delivered.
Measures certified by the Mayor as urgent may be
submitted for final voting after second reading, dispensing with the third
reading thereof. Resolutions are
likewise exempt from the requirements of the third reading.
e)
Third Reading - All ordinances which have
been approved by the Sanggunian during second reading shall again be presented
by the proponent in the final form complete with all approved amendments, for
the purpose of confirmation only, not later than the second session day
immediately following the day of their approval. No debate of amendments shall
be allowed at this stage.
Ordinances shall be considered enacted and resolutions
adopted on the date such measures were approved on second reading.
All approved ordinances or resolutions shall be
transmitted to the Office of the City Mayor not later than fifteen (15) days
upon final approval. Any one who causes delay shall be given disciplinary
action by the Committee of the whole.
SECTION 31. Approval
of Ordinance and Veto Power of the Local Chief Executive. The approval of the
ordinance by the Mayor, as the case may be, and the exercise of his/her veto
power shall be governed by the following rules:
a)
Every ordinance enacted by the Sanggunian shall be presented to the
Mayor for his/her approval. If he/she
approves the same, he/she shall affix his/her signature on each and every page
thereof; otherwise, he/she shall veto it and return the same with his/her
objections to the Sanggunian, which may proceed to reconsider the same. The Sanggunian may override the said veto by
two-thirds (2/3) vote of all its members thereby making the ordinance or
resolution effective for all legal intents and purposes.
b)
The veto shall be communicated by the Mayor to the Sanggunian within
ten (10) days. Otherwise, the ordinance shall be deemed approved as if he/she
had signed it.
c)
The Mayor may
veto any ordinance of the Sanggunian on the ground that it is “ultra vires” or prejudicial to the public welfare, stating his/her reasons
thereof in writing.
d)
The local chief
executive may veto an ordinance or resolution only once. The Sanggunian may
override the veto of the local chief executive concerned by two-thirds (2/3)
vote of all its members, thereby making the ordinance effective even without
the approval of the local chief executive concerned.
e)
The Mayor shall have the power to veto any particular items of an
appropriation ordinance, an ordinance or resolution adopting a local
development plan and public investment program or an ordinance directing the
payment of money or creating liability.
In such case, the veto shall not affect the item or items which are not
objected to. The vetoed item or items
shall not take effect unless the Sanggunian overrides the veto in the manner as
provided in this section, otherwise, the item or items in the appropriation
ordinance of the previous year corresponding to those vetoed, if any, shall be
deemed re-enacted.
SECTION 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)
Resolutions (2 readings only);
b)
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.
In
the same way, a member may abstain from voting only when there is a conflict of
interest on his/her part. Otherwise, he/she should either oppose or concur.
SECTION 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 arrived while voting is in progress shall
be allowed to vote, provided that the result of the voting has not yet been
announced by the Chair.
SECTION 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 of the Sanggunian. As provided for under R.A. No. 7160 and its Implementing
Rules and Regulations, a “majority vote of all the members of the Sanggunian”
is required in the following circumstances:
For
the Sangguniang Panlungsod
Refer to the provisions of
Section 458, RA No. 7160 (Local Government Code of 1991), specifically the
following:
a)
paragraph 2-ii (Sec. 458, R.A. No. 7160);
b)
paragraph 2-iii (Sec. 458, R.A. No. 7160);
c)
paragraph 2-iv (Sec. 458, R.A. No. 7160);
d)
paragraph 2-v (Sec. 458, R.A. No. 7160);
e)
paragraph 3-vii (Sec. 458, R.A. No. 7160);
f)
paragraph (d) (Sec. 454, R.A. No. 7160);
SECTION 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, R.A. No. 7160);
b) Unless otherwise concurred in by
two-thirds (2/3) vote of the Sanggunian members present, there being a quorum,
no other matters may be considered at a Special session except those stated in
the notice. (Sec. 52 (d), R.A. No. 7160);
c) The penalty of suspension or expulsion
that may be imposed or meted out by the Sanggunian to an erring member “shall
require the concurrence of at least two-thirds (2/3) vote of all the
Sanggunian members.” (Sec. 50, b-5, R.A. No. 7160);
d)
With the concurrence of at least two-thirds (2/3) of all the
members of the Sanggunian, grant tax exemptions, incentives or reliefs to
entities engaged in community growth-including
industries;
e)
With the concurrence of at least two-thirds (2/3) of all the
members of the Sanggunian, matters certified by the Local Chief executive as
urgent;
f) At least a two-thirds (2/3)
affirmative vote of the members present, there being a quorum, shall be
required for the adoption of the following motions:
1.
Motion to suspend the rules;
2.
Motion to expunge;
3.
Motion to extend or limit debate;
4.
Motion to call for the previous question.
g)
At least a two-thirds (2/3) negative
vote of the members present, there being a quorum, shall be required in
order to sustain the “motion to object to the consideration of a question”.
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 at least three (3) members.
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 (maximum 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;
c)
In case of the invitee/Department Head’s failure to attend the
committee meeting the regrets reply of the invitee/Head of Agency should be
secured by the Committee Chair and shall submit the same to the Vice Mayor’s
Office. The same procedure shall be observed in case of failure to attend
Session invitations.
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 recommendating favorably for the enactment of the
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-seven (27) standing
committees, consisting of a Chairman, Vice-Chairman and at least three (3) Members.
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 – This shall have
jurisdiction over all matters relating to education, local schools, colleges
and universities, libraries, non-formal
and community-adult education; scientific and technological research,
development and advancement.
f) Committee on Arts, Culture
and Tourism
– This shall have jurisdiction over all matters relating to the city’s
preservation of customs and traditions, mores and values as well as the
enhancement of Olongapenos’ talent and abilities. This shall have general
jurisdiction over all matters relating to the development and promotion of
tourism in the city;
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
Telecommunications, Information Technology (IT), Public Information and Media
Affairs –
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; 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.
i) Committee on Engineering and
Public Works
– 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.
j) Committee on Utilities – This shall have
jurisdiction over all matters relating to utilities including the power system,
and the water system.
k) 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.
l) Committee on Transportation
and Franchise
– This shall have the legislative jurisdiction over all public transport
operating within the city (sea, land and air).
This shall have jurisdiction over all matters relating to the issuance
of franchise to all public transport.
m) Committee on Traffic
Management –
This shall have jurisdiction over all matters relating to traffic management.
n) Committee on Ethics, 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.
o) Committee on Public Markets– This shall have
jurisdiction over all matters relating to public markets and their maintenance
and allied projects.
p) Committee on Business, Economic
Enterprises and Public-Private Partnership – 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 services and undertakings, provision of incentives to investors
and shall have jurisdiction over all economic enterprise being run and
maintained by the city, except the markets.
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, Urban Planning,
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 Services – 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_– This shall have
jurisdiction over all matters relating to the youth; the promotion of the
youth’s moral, physical, intellectual and social well being.
y) Committee on Sports
Development
– This shall have jurisdiction over all matters relating to the development of sports and sportsmanship in
the community.
z)
Committee on Senior Citizens and Veteran’s 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’s Affairs.
aa) 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.
RULE XV – JOURNAL
AND RECORD OF PROCEEDINGS
SECTION 81. 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 82. Minutes. In addition to the “journal
of proceedings” which is required by the law (R.A. No. 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 83. 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 84. 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 85. 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 86. 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 XVI – RULES ON MOTIONS
SECTION 87. 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 88. If someone “has the floor”,
whether or not he/she is speaking, a “motion to adjourn” shall be ruled “out of
order”.
SECTION 89. All “privilege motions” may
be proposed even if there is a pending motion or question before the body.
SECTION 90. 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 91. 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 92. The following motions
require a SECOND, viz.:
i. Adjourn;
ii. Adopt a report or
resolution, except when proposed by the reporting Committee Chairman or Member;
iii. Amend;
iv. Appeal from the decision of
the Chair;
v. Commit or refer to a
Committee;
vi. Expunge;
vii. Extend or Limit the time for
debate;
viii.
Fix the Time to which to adjourn;
ix. Lay on the Table;
x. Postpone Definitely;
xi. Postpone Indefinitely;
xii. Call for the Previous
Question;
xiii.
Recess;
xiv. Reconsider;
xv. Reconsider and have entered
on the minutes;
xvi. Rescind or Repeal;
xvii.
Suspend the Rules;
xviii.
Take from the Table;
xix. All main motions.
SECTION 93. 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 94. 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 95. 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 96. 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/re-commit 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 XVII –
DISCIPLINARY ACTIONS
SECTION 97. 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 98. 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 99. 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 100. 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 101. 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 102. 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 XVIII –
SUSPENSION OF RULES
SECTION 103. 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 XIX – AMENDMENTS
SECTION 104. This “Internal Rules of
Procedure” may be amended at any regular session by majority of all members of
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 XX –
SUPPLEMENTARY RULES
SECTION 105. 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 XXI –
REPEALING CLAUSE
SECTION 106. 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 that are not affected thereby shall continue to be in full force and effect.
RULE XXII –
EFFECTIVITY
SECTION 107. This “Internal Rules of
Procedure” shall take effect on the date of its adoption.
APPROVED
UNANIMOUSLY, July 11, 2013
Labels: ADOPTING, DABU, INTERNAL RULES
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