2016 R-79 ADOPTING THE REVISED INTERNAL RULES OF PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF OLONGAPO
PRESENT:
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - -
-City Vice-Mayor & Presiding Officer
Hon. Sarah Lugerna Lipumano-Garcia - - - - -City
Councilor
Hon. Benjamin G. Cajudo II - - - - - - - - - - -
-City Councilor
Hon.
Noel Y. Atienza- - - - - - - - - - - - - - - - -City Councilor
Hon. Eduardo G. Guerrero - - - - - - - - - - - - -City Councilor
Hon.
Alreuela M. Bundang-Ortiz - - - - - - - - -City Councilor
Hon.
Edna A. Elane - - - - - - - - - - - - - - - - -City Councilor
Hon.
Emerito Linus D. Bacay - - - - - - - - -
- -City Councilor
Hon.
Eduardo J. Piano- - - - - - - - - - - - - - - - -City Councilor
Hon. Basilio D. Palo - - - - - - - - - - - - - - -
- - -City Councilor
Hon. Jerome Michael S. Bacay - - - - - - - - - -
-City Councilor
Hon. Randy C. Sionzon - - - - - - - - - - - - - - -President, Liga
ng mga Barangay
Hon.
Egmidio M. Gonzales, Jr. - - - - - - - -
- -Indigenous Peoples Mandatory Representative
ABSENT:
None.
In the interest of public service and on motion of City
Councilor Noel Yabut Atienza, with the unanimous accord of the Members of the
Sangguniang Panlungsod present;
RESOLVED,
AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session
assembled, to adopt, as it hereby adopts the following Revised Internal Rules
of Procedure for the Sangguniang Panlungsod of Olongapo:
RULE
I – COMPOSITION
SECTION
1. The composition of this Sanggunian shall be provided by existing laws,
specifically by R.A. No. 7160 otherwise known as the “Local Government Code of
1991”.
RULE II – POWERS, DUTIES AND FUNCTIONS OF THE
SANGGUNIAN
SECTION
2. The powers, duties and functions of this Sanggunian shall be as
provided for under Rule XVII of the Rules and Regulations Implementing the Local
Government Code of 1991.
RULE III – DUTIES AND RESPONSIBILITIES OF INDIVIDUAL
MEMBERS
SECTION
3. Every member of this Sanggunian shall make a full disclosure of his/her
financial and business interest as required of him/her under Art. 104, Rule XVII
of the Rules and Regulations Implementing the Local Government Code of 1991.
SECTION
4. Every member shall attend all the sessions of this Sanggunian unless
he/she is prevented from doing so by reason of sickness or other unavoidable
circumstances provided that, as a general rule, previous written notice thereto
shall be sent to the Sanggunian thru the Presiding Officer or the Secretary.
SECTION
5. Every member shall observe proper deportment and decorum during
sessions with specified dress code as agreed upon by all members.
Every member is required to maintain
the specified dress code specifically they are required to wear long sleeves
Barong Tagalog every first Wednesday of each month for January, March, May,
July, August, September and November and Coat with tie for male and business
attire for female every first Wednesday of each month for February, April,
June, October, December provided the members are mandated to wear short sleeves
barong during sessions except during 1st Wednesday of each month.
RULE IV – PRESIDING OFFICER
SECTION
6. The Vice Mayor shall be the Presiding Officer of this Sanggunian and,
as such, shall have the following rights and duties:
a)
To preside over
the sessions of the Sanggunian;
b)
To exact from all
the members present during the sessions proper deportment and decorum;
c)
To enforce the
internal rules and procedures of the Sanggunian;
d)
To maintain order
during sessions and render a ruling on questions of order, subject to appeal by
the member concerned to the body for final decision;
e)
To sign all
legislative documents (such as ordinances, resolutions and motions enacted or
adopted by the Sanggunian), papers, or checks requiring his/her signature;
f)
To declare a
recess during sessions anytime he/she deems it necessary provided that the
duration of the recess is less than fifteen (15) minutes;
g)
To declare the
session adjourned to some other date, time and place in cases of extreme
emergencies, serious and uncontrollable disorder, public disturbances and other
unavoidable circumstances;
h)
To make brief
remarks, comments or clarificatory questions on any measure pending
deliberation by the body provided that he/she shall not express himself either
for or against the said measure or question;
i)
To vote but only
to break a tie. Hence, he/she cannot vote in order to create a tie. His/Her
right to vote to break a tie is not compulsory. He/She may or may not exercise
it;
j)
To authenticate,
whenever necessary, all orders, acts and proceedings of the Sanggunian,
declaring its will and having its command obeyed;
k) To
approve the agenda.
RULE V – THE
SANGGUNIAN SECRETARY
SECTION 7.
The Sanggunian Secretary shall perform the following functions and duties:
a)
To be the
Administrative Officer of the Secretariat of the Sangguniang Panlungsod;
b)
To take
custodianship of the records of the Sanggunian;
c)
To attend all the
sessions of the Sanggunian;
d)
To read or cause
to be read, by himself/herself or through a reader designated by him/her, all
proposed ordinances, resolutions, motions, petitions, and other documents which
shall be endorsed to the Sanggunian;
e)
To send out paper
notices of all sessions and all other meetings and public hearings except during
Regular session as provided in Rule III, Section 4;
f)
To provide
secretarial services and certify the agenda and minutes of the Sanggunian upon
consultation with the vice mayor and floor leaders of both parties;
g) To perform such other duties as may be
provided for by law and the Sanggunian.
RULE VI – REGULAR AND SPECIAL SESSIONS
SECTION 8. The Regular session of this Sanggunian shall be “once
a week” to be held at the Sanggunian Session Hall every Wednesday at exactly 3:00
P.M.
SECTION 9. When public interest so demands, special
sessions may be called by the City Mayor or by a majority of the members of the
Sanggunian.
SECTION 10. A
written notice to the Sanggunian members stating the date, time and purpose of
the session shall be served personally or left with a member of his household
of majority age at his/her usual place of residence at least twenty four (24)
hours before the Special session is held.
SECTION 11. Unless
otherwise agreed upon by two-thirds (2/3) vote of the members present, there
being a quorum, no other matter may be considered at a Special session except
those stated in the notice.
SECTION 12. All
sessions shall be open to the public unless a close door session is ordered by
an affirmative vote of a majority of the members present, there being a quorum,
in the public interest or for reasons of security, decency, or morality.
SECTION 13. No
two (2) sessions, whether Regular or Special, may be held in a single day.
SECTION 14. Adjourned
Session. An “adjourned session”
may be held:
a)
Thru the
initiative of the Chair, by using the “assumed motion”; or by a majority of the
members present in a session where there is NO quorum, wherein they may decide
to adjourn from hour to hour, or day to day, and compel the attendance of the
absent members in order to obtain the necessary quorum.
b)
By a majority
vote of the members present in any Regular or Special session, there being a
quorum, in order to finish very important business which needs immediate
action.
c)
The agenda for
the adjourned quorum will be included in the agenda for the next session.
RULE VII –
QUORUM
SECTION
15. A majority of the members of the Sanggunian who have been elected and
qualified shall constitute a quorum to transact official business.
SECTION
16. Other interpretations to the contrary notwithstanding, the term
“elected and qualified” shall be construed to include not only the regular
member but also the “ex-officio” members and sectoral representatives of this
Sanggunian.
SECTION
17. In computing the presence of a “quorum” the term “majority” shall be
based on the actual membership or incumbents in the Sanggunian or 50% of the
actual membership + 1 which shall exclude the following:
-
Presiding Officer
(regular);
-
A member who is
on official leave of absence;
-
A deceased
member;
-
A member who has
resigned;
-
A member who has
been suspended;
-
A member who was
expelled or removed by final judgment.
SECTION 18. No
quorum at the start of the session. When
the appointed time has come to start the regular session, the Presiding Officer
(regular or temporary, as the case may be) shall call the session to order, with
or without a quorum.
In the absence of a quorum after
calling the session to order, the Presiding Officer may perform any of the
following:
a) He/She may
adjourn the session from hour to hour if he/she would like to wait for other
members who may be late in coming to the session;
b) He/She may adjourn the session from day to day; or
c) He/She may
adjourn the session for lack of quorum.
SECTION 19. No
quorum during the session which was started with a quorum. During a session which was started with quorum and a
question on the lack of quorum is raised by any member, the Presiding Officer shall
immediately cause the reading of the roll of members and announce the result
thereof and then declare whether or not there exist a quorum.
In
the absence of a quorum, the Presiding Officer may declare a recess of not
more than one
(1) hour and
wait for other
members to come;
or a majority
of the members present may adjourn from hour to hour; or day to day and
may compel the immediate attendance of any member absent without justifiable
cause by designating a member of the Sanggunian, to be assisted by a member or
members of the police force to arrest the absent member and present him at the
session. (Sec. 53, R.A. No. 7160)
If
there is still no quorum despite the enforcement of the above remedial
measures, the Presiding Officer may, motu
propio, or upon proper motion from the floor duly adopted by the body,
then declare the session adjourned for lack of quorum.
RULE VIII –
ORDER OF BUSINESS
SECTION
20. The Order of Business of this Sanggunian shall be as follows:
a)
Call to Order;
b)
Invocation;
c)
Pambansang Awit;
d)
Panunumpa sa
Watawat ng Pilipinas;
e) Himno ng Olongapo;
f) Roll Call;
g) Reading and Adoption of the Minutes of the Previous
Session;
h) Matters arising
from the minutes of the previous
session.
i)
Reading and
Approval of the Day’s Agenda;
j)
Reading and
References to Corresponding Committees of Proposed Ordinances, Resolutions,
Petitions, Messages and other Communications;
k) Committee Reports;
l)
Calendar of
Business;
m) Other Matters;
n) Adjournment.
SECTION
21. The Calendar of Business shall be prepared by the Presiding Officer and
a copy thereof shall be furnished to every member of this Sanggunian not less
than 24 hours before the date of the Regular session.
SECTION 22. The
Calendar of Business shall contain brief description of the item of business to
be taken up during the Regular session including, but not limited, to the
following:
a) The title of the proposed ordinance or resolution;
b) The name of the sponsor or authors and the committee
to which it was referred or the committee sponsoring it;
c) In the case of petitions, letters, endorsements and
other communications, the source or the name of senders.
SECTION 23. In
rendering committee reports, priority shall be given to standing committees (aka
regular committees) to be followed by special committees (aka Ad-Hoc
committees).
SECTION 24. As
a general rule, committee reports shall be rendered by its Chairman, unless
he/she dissents with the majority decision. In his absence, the Vice Chairman
shall take his/her place. If neither of them is present, any committee member
concurring with the report and duly designated by the said committee shall
render the report.
SECTION 25. If
the reporting committee recommends a favorable action on the measure referred
to it or if the reporting committee recommends the proposed measure for
appropriate action by the Sanggunian, the Chairman, Committee on House Rules
shall calendar it for “second reading”. If the reporting committee’s
recommendation is for the Sanggunian not to take action and that recommendation
has been adopted by the body, the proposed measure remains shelved in the
committee. If the reporting committee’s recommendation is for the Sanggunian to
file the proposed measure away and that recommendation has been adopted, then
it is “filed away” which means in layman’s language that the proposal will be
filed in the archive of the Sanggunian.
SECTION 26. As
a general rule, no member of a committee shall oppose or object to the report
of his/her committee unless he/she submits his/her dissenting opinion to the
majority decision in writing in open session, before the said committee renders
its reports. Otherwise, he/she shall be precluded to oppose it on the floor.
SECTION 27. Deviation
from the prescribed Order of Business may be done under the following
circumstances:
When
the Sanggunian decided to suspend the rules thru an “assumed motion” by the Chair
or thru a motion to suspend the rules by a member. In any case, the decision to
suspend the rules shall require a vote by general consent, a unanimous vote, or
at least two-thirds (2/3) vote of the members present.
SECTION 28. Agenda
a)
Matters that may
be taken up during a Sanggunian session or meeting, shall be limited to those
listed in the agenda subject to the provisions of the Internal Rules. The
agenda shall be distributed among the Members of the Sanggunian one day before
the scheduled session or meeting. Any person who willfully delay or obstruct
the proper distribution of agenda shall be meted a penalty subject to the
limitation provided for by the law.
b)
Any member who
desires to avail of his right to deliver a privilege speech shall first
register his/her request with the Chairman, Committee on House Rules,
identifying the subject matter of his/her proposed speech, and then seek the
permission of the Presiding Officer, after which he/she may deliver his/her
speech for not more than ten (10) minutes. Provided, that, however, if more
than one member registered to avail of this privilege, each member’s speech
shall be limited to five (5) minutes only.
With
the consent of two thirds (2/3) of all the members of the Sanggunian present,
urgent matters which involve public interest and the delay of which shall
prejudice essential activities of the local government, may be submitted to the
Chairman, Committee on House Rules for inclusion in the agenda of the day’s
session.
Any
motion, resolution, proposal, or ordinance appearing in the agenda for
reference to the corresponding committees shall not be made the subject of any
debate or discussion.
The
agenda for the day will be approved by the Sanggunian through a simple majority
vote. With the consent of 2/3 votes of the members present, a measure may be
included in the agenda provided that it has been registered with the Chairman
on House Rules, Ethics and Privileges.
RULE IX –
LEGISLATIVE PROCESS
SECTION 29. Rules
in the enactment of ordinances and adoption of resolutions. In the
enactment of ordinances and adoption of resolutions including other matters
requiring legislative actions, the following rules shall be observed:
a)
Legislative
actions of a general and permanent character shall be enacted in the form of
ordinances, while those which are of temporary character shall be passed in the
form of resolutions. Matters relating to proprietary functions and to private
concerns shall also be acted upon by a resolution.
b)
Proposed
ordinances shall be in writing and shall contain an assigned number, a title or
caption, an enacting or ordaining clause, repealing clause and the date of its
proposed effectivity. In addition, every proposed ordinance shall be
accompanied by a brief explanatory note containing the justification for its
approval. It shall be signed by the author or authors submitted to the Secretary
to the Sanggunian before the start of the regular session.
c)
A resolution
shall be enacted in the same manner prescribed for an ordinance, except that it
need not go through a third reading for its final consideration unless decided
otherwise by a majority of the Sanggunian members present. Adopted resolutions
and approved ordinances must bear the signature of all who favors and those who
voted against or abstained are not required to affix their signatures. In cases of emergency which does not involve
public interest, signatures of approving members may be dispensed with.
d)
No ordinance or
resolution shall be considered on second reading in any regular meeting unless
it has been reported out by the proper committee to which it was referred or by
approval of the two-third (2/3) votes of the members present.
e)
The secretary to
the Sanggunian shall prepare copies of the proposed ordinances or resolutions
in the form it was passed on second reading, and shall distribute to each
Sanggunian member a copy thereof.
f)
No ordinance or
resolution passed by the Sanggunian in a Regular, or Special session duly
called for the purpose, shall be valid unless approved by a majority of the
members present, there being a quorum.
g)
Upon the passage
of all ordinances and resolutions directing the payment of money or creating a
liability, and at the request of any member, the Sanggunian Secretary shall
record the ayes and the nays. Each approved ordinance or
resolution shall be stamped with the seal of the Sanggunian and recorded in a
book kept for the purpose.
h)
A resolution
ratifying the contract/MOA previously granting authority to the Local Chief Executive
should first be approved/passed prior to its executive implementation except on
matters involving national security, imminent danger and circumstances of the
same nature.
SECTION 30. Filing Consideration and Approval of
Proposed Ordinances, Resolutions, Motions and Other Matters.
a)
Filing - Legislative
actions of a general and permanent character shall be enacted in the form of
ordinances, while those ministerial or administrative in nature and of a
temporary character shall be passed in the form of resolutions. The title with
the complete text of proposed ordinances and resolutions shall be filed with
the Office of the Vice Mayor for inclusion in the agenda. Only those who are
stated or signed
as author(s) and
co-author(s) shall be
considered as such, but other
members may be considered as author(s) and co-author(s) if so manifested on the
floor, subject to the consent of the main author.
All
matters endorsed by the City Mayor to the Sanggunian, as well as petitions and
other communications received from the general public, shall likewise be
transmitted to the members.
b)
First Reading
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
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
Ordinances
shall be considered enacted and resolutions adopted on the date such measures
were approved on second reading.
All
approved ordinances or resolutions shall be transmitted to the Office of the
City Mayor not later than fifteen (15) days upon final approval. Any one who
causes delay shall be given disciplinary action by the Committee of the whole.
SECTION 31. Effectivity of Ordinances
and Resolutions.
a)
Unless otherwise
provided in the ordinance or resolution approving the local development plan
and public investment program, the same shall take effect after being posted at
the bulletin board of the city hall near the entrance and at least two (2)
conspicuous places in the local government unit concerned not later than five
(5) days after the approval of the local chief executive.
b)
The ordinance or
resolution duly enacted shall in addition to being posted, shall be published
once in a local newspaper of general circulation in the City of Olongapo and Province
of Zambales
c)
All ordinances or
resolutions duly enacted shall be posted in the Olongapo City
SECTION 32. Approval
of Ordinance and Veto Power of the Local Chief Executive. The approval of the ordinance by the Mayor, as the
case may be, and the exercise of his/her veto power shall be governed by the
following rules:
a)
Every ordinance
enacted by the Sanggunian shall be presented to the Mayor for his/her
approval. If he/she approves the same,
he/she shall affix his/her signature on each and every page thereof; otherwise,
he/she shall veto it and return the same with his/her objections to the
Sanggunian, which may proceed to reconsider the same. The Sanggunian may override the said veto by
two-thirds (2/3) vote of all its members thereby making the ordinance or
resolution effective for all legal intents and purposes.
b)
The veto shall be
communicated by the Mayor to the Sanggunian within ten (10) days. Otherwise,
the ordinance shall be deemed approved as if he/she had signed it.
c)
The Mayor may
veto any ordinance of the Sanggunian on the ground that it is “ultra vires” or prejudicial to the public welfare, stating his/her
reasons thereof in writing.
d)
The local chief
executive may veto an ordinance or resolution only once. The Sanggunian may
override the veto of the local chief executive concerned by two-thirds (2/3)
vote of all its members, thereby making the ordinance effective even without
the approval of the local chief executive concerned.
e)
The Mayor shall
have the power to veto any particular items of an appropriation ordinance, an
ordinance or resolution adopting a local development plan and public investment
program or an ordinance directing the payment of money or creating
liability. In such case, the veto shall
not affect the item or items which are not objected to. The vetoed item or items shall not take
effect unless the Sanggunian overrides the veto in the manner as provided in
this section, otherwise, the item or items in the appropriation ordinance of
the previous year corresponding to those vetoed, if any, shall be deemed
re-enacted.
SECTION 33. The
three-reading Principle. The so- called
“three-reading principle” which is commonly adopted in legislative bodies shall
also be followed by this Sanggunian.
Hence, as a general rule, before an ordinance is finally enacted, it
shall undergo the following stages:
a)
First reading;
b)
Second reading;
c)
Third (Final) reading.
Except on
the following instances:
a)
Resolutions (2
readings only);
b)
Measures that are
considered urgent by 2/3 votes of the members present.
SECTION 34. Methods of Voting.
Unless a different method is
prescribed by the Sanggunian for a particular measure, voting shall be either
one of the following methods:
a)
By voice;
b)
By raising of
hand (or show of hand);
c)
By rising;
d)
By ballot; or
e)
By nominal voting
(or roll call).
SECTION 35. 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 36. Voting
on the Question. Whenever a nominal voting (or roll call voting) is
being applied, the Secretary shall call the roll of members either in
alphabetical order or by rank. As each name is called, the member shall
announce his vote by stating “YES” or “NO”, as the case may be. As a general
rule, a member may explain his vote but not to exceed three (3) minutes. (Yes, No and Abstention)
A second roll call may be requested by any member from
the Chair but this time only the names of those who failed to vote shall be
called. This is to give another opportunity to those who failed to cast their
votes to exercise their rights. After this second roll call, no other request
of the same kind shall be determined by the Chair.
SECTION 37. Voting
Restriction. No member can vote, or be allowed to vote, on any
measure in which he/she or any of his/her relatives within the third degree of
consanguinity or affinity, has a direct or personal pecuniary interest. This
rule, however, does not apply in voting for elective positions in the Sanggunian
where a member, as a matter of right, can vote for himself/herself.
In the same way, a member may
abstain from voting only when there is a conflict of interest on his/her part.
Otherwise, he/she should either oppose or concur.
SECTION 38. Change
of Vote. A member may change his/her vote but only when the
result of the voting has not been announced by the Chair. Otherwise, he can
change his/her vote by a unanimous consent of the members present. Provided
that this rule shall not be applied if voting is by ballot.
SECTION 39. Vote by
Late-comer. A member who came in late during the session but who
happens to arrived while voting is in progress shall be allowed to vote,
provided that the result of the voting has not yet been announced by the Chair.
SECTION 40. Allowable
Motion during Voting. Except for a motion pertaining to question of quorum,
no other motion shall be entertained by the Chair while voting is in progress.
SECTION 41. Tie
Vote. A tie vote resulting from a vote taken on any motion,
measure or proposal shall be construed to mean that the particular motion,
measure or proposal is defeated, unless the Chair decided to break it.
Exception to this rule is when a “motion to appeal from the decision of the
Chair” is put to a vote and resulted in a tie. In this case the tie vote is
considered to sustain the decision of the Chair.
SECTION 42. Breaking
a Tie. In case of tie, the Presiding Officer of this
Sanggunian is allowed to cast his/her vote if he/she so desires. He/She is,
however, precluded under existing laws to cast his/her vote in order to create
a tie.
SECTION 43. Majority
Vote of All the Members of the Sanggunian.
As provided for under R.A.
No. 7160 and its Implementing Rules and Regulations, a “majority vote of all
the members of the Sanggunian” is required in the following circumstances:
For the Sangguniang
Panlungsod
Refer to the provisions of Section 458, RA No. 7160
(Local Government Code of 1991), specifically the following:
a)
paragraph 2-ii
(Sec. 458, R.A. No. 7160);
b)
paragraph 2-iii
(Sec. 458, R.A. No. 7160);
c)
paragraph 2-iv
(Sec. 458, R.A. No. 7160);
d)
paragraph 2-v
(Sec. 458, R.A. No. 7160);
e)
paragraph 3-vii
(Sec. 458, R.A. No. 7160);
f)
paragraph (d)
(Sec. 454, R.A. No. 7160);
SECTION 44. Majority
Vote of the Members Present (thereby constituting a Quorum). Except as provided in Section 45 hereof, all other
legislative matters or measures shall require only a simple majority (50% + 1
of legal votes casted provided that there is a quorum).
SECTION 45. Plurality
Vote. A decision of the Sanggunian thru a “plurality vote”
shall be valid only and enforceable if it is the result of an election of
officers of the Sanggunian or members of committees. No legislative proposal or
measure of whatever nature shall be passed, adopted or enacted by this
Sanggunian thru a mere plurality vote.
SECTION 46. Percentage
Vote. For purposes of this section, a percentage vote shall
be construed to mean as a “proportion of a certain whole”. Percentage vote
shall be applied in the following:
a)
A two-thirds
(2/3) vote of all the members of this Sanggunian shall be required in
overriding the veto of the LCE for any ordinance or resolution, thereby making
the particular ordinance or resolution effective for all intents and purposes.
(Sec. 54, R.A. No. 7160);
b) Unless
otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members
present, there being a quorum, no other matters may be considered at a Special
session except those stated in the notice. (Sec. 52 (d), R.A. No. 7160);
c) The
penalty of suspension or expulsion that may be imposed or meted out by the
Sanggunian to an erring member “shall require the concurrence of at least
two-thirds (2/3) vote of all the Sanggunian members.” (Sec. 50, b-5,
R.A. No. 7160);
d)
With the
concurrence of at least two-thirds (2/3) of all the members of the
Sanggunian, grant tax exemptions, incentives or reliefs to entities engaged in
community growth-including industries;
e)
With the
concurrence of at least two-thirds (2/3) of all the members of the
Sanggunian, matters certified by the Local Chief executive as urgent;
f) At
least a two-thirds (2/3) affirmative vote of the members present, there being a
quorum, shall be required for the adoption of the following motions:
1.
Motion to suspend
the rules;
2.
Motion to expunge;
3.
Motion to extend
or limit debate;
4.
Motion to call
for the previous question.
g)
At least a
two-thirds (2/3) negative vote of
the members present, there being a quorum, shall be required in order to
sustain the “motion to object to the consideration of a question”.
CLICK HERE FOR COMPLETE INTERNAL RULES DOCUMENT
ww.sangunian.com/InternalRules.doc
CLICK HERE FOR COMPLETE INTERNAL RULES DOCUMENT
ww.sangunian.com/InternalRules.doc
Labels: COUNCILOR ATIENZA, INTERNAL RULES
posted by OlongapoCity Zambales at
7:05 AM
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