Professional Documents
Culture Documents
MODEL - Internal Rules For Sanggunian
MODEL - Internal Rules For Sanggunian
RULE I COMPOSITION
Section 1. The composition of this Sanggunian shall be provided by existing laws, specifically Republic Act 7160 otherwise known as the Local Government Code of 1991.
Section 2. Every member shall attend all the session of this Sanggunian unless he 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 Secretary.
Section 3. As a general rule, every member is being voted upon by the Sanggunian. Abstentions may only be allowed if it can be shown that the member concerned has a pecuniary interest, either directly or indirectly, on the matter being acted upon by the body. Section 4. Every member shall observe proper deportment and decorum during sessions.
4. 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. 5. To sign all the legislative documents, papers, or checks requiring his signature. 6. To declare a recess during sessions anytime he deems it necessary provided that the duration of the recess is less than twenty (20) minutes.
7. 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. 8. To make brief remarks, comments or clarificatory questions on any measure pending deliberation by the body provided that he shall not express himself either for or against the said measure or question.
9. To vote but only to break a tie. Hence, he cannot vote in order to create a tie. His right to vote to break a tie is not compulsory. He may or may not exercise it.
1. Attend meetings of the Sanggunian and keep a journal of its proceedings. 2. Keep the seal of the local government unit and affix the same with his/her signature to all ordinances, resolutions, and other official acts of the Sanggunian and present the same to the Presiding Officer for his/her signature. 3. Forward to the Punong Barangay for approval, copies of ordinances enacted by the Sanggunian
4. Forward to the Sangguniang Panlungsod or Bayan concerned, copies of duly approved ordinances for review, 5. Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the treasurer of such fees as may be prescribed by ordinance. 6. Record in a book kept for the purpose, all ordinances and resolution enacted or adopted by the Sanggunian, with the dates of passage and publication thereof.
7. Keep his/her office and all non-confidential records therein open to the public during the usual business hours. 8. Take custody of the local archives and, where applicable, the local library and annually account for the same.
9. Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version in the manner provided under the Local Government Code of 1991.
Section 3. 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 at his usual place of residence at least twenty four (24) hours before the special session is held.
Section 4. Unless otherwise agreed upon by twothirds (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 5. 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 6. No two (2) sessions, whether regular or special, may be held in a single day.
Section 3.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 has resigned A member who has been suspended A member who was expelled; or removed by final judgment
Section 4. 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: 1. He may adjourn the session from hour to hour if he would like to wait for other members who may be late in coming to the session. 2. He may adjourn the session from day to day; or 3. He may adjourn the session for lack of quorum.
Section 5. No quorum during the session which was started with a quorum. During a session which was started with a 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 exists 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 hall. (Sec. 53, RA 7160). If there is still no quorum despite the enforcement of the above remedial measures, the Presiding Officer may, motu propio, or upon proper motion from the floor duly adopted by the body, then declare the session adjourned for lack of quorum.
RULE VIII ORDER OF BUSINESS Section 1. The Order of Business of this Sanggunian shall be as follows: a) Call to Order b) Roll Call c) Reading and consideration of previous minutes d) Privilege Hour e) Question Hour
f) Reading and referral of proposed measures g) Committee reports h) Calendar of Business i. Unfinished Business ii. Business for the Day iii. Unassigned Business
i) Announcements (if any) j) Adjournment (Note: The customary singing of the National Anthem, Pledge of Allegiance to the Flag and Invocation are optional items in the Order of Business and hence, the Sanggunian may or may not adopt or include them in its Order of Business.)
Section 2. The Calendar of Business shall be prepared by the Committee on Rules and a copy thereof shall be furnished to every member of this Sanggunian not less than one (1) day before the date of the regular session. The Presiding Officer shall cause the Secretary to provide the necessary administrative support or secretarial services to the Committee on Rules and other standing or special committees.
Section 3. The Calendar of Business shall contain the following: a) Unfinished Business refers to proposals or measures that have been left enacted upon, postponed or left unfinished during the previous meeting or session. This also includes items of business left unfinished or unacted upon at the end of the term of the previous administration.
b) Business for the Day refers to a list of items that have been reported out by committees and are ready for deliberation on second reading as determined by the Committee on Rules. This also includes those items for the bodys session on third and final reading. c) Unassigned Business refers to pending matters or measures including new ones that arises out during the deliberation but not yet assigned or referred to any committee for appropriate action.
Section 4. 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: 1.The title of the proposed ordinance or resolution;
2. The name of the sponsor or authors and the committee to which it was referred or the committee sponsoring it; 3. In the case of petitions, letters, endorsements and other communications, the source or the name of senders.
Section 5. In rendering committee reports, priority shall be given to standing committees or regular committees (aka regular committees) to be followed by special committees (aka adhoc committees). Section 6. As a general rule, committee reports shall be rendered by its Chairman, unless he dissents with the majority decision. In his absence, the Vice Chairman shall take his place. If neither of them is present, any committee member concurring with the report and duty designated by the said committee shall render the report.
Section 7. As a general rule, no member of a committee shall oppose or object to the report of his committee unless he submits his dissenting opinion to the majority decision in writing, or orally in open session, before the said committee renders its reports. Otherwise, he shall be precluded to oppose it on the floor.
Section 8. I 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 Committee on Rules shall calendar it for second reading. If the reporting committees recommendation is for the Sanggunian not to take action and that recommendation has been adopted by the body, the propose measure remains shelved in the committee. If the reporting committees 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 laymans language that the proposal will be filed in the archived of the Sanggunian.
Section 9. Deviation from the prescribed Order of Business may be done only under the following circumstances: a) When the Sanggunian decided to suspend the rule thru an assumed motion by the Chair or thru a motion to suspend the rule 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-third (2/3) vote of the members present.
b) When the measure to be acted upon by the Sanggunian is certified by the local chief executive as urgent, it shall have priority over all other items of business, and shall be considered without need of suspending the rules or even if it is not included in the Calendar of Business.
RULE IX LEGISLATIVE PROCESS Section 1. Rules in the enactment of ordinance and adoption of resolution. 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 resolution.
b) Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting ordaining 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 and submitted to the secretary 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.
d) No ordinance or resolution shall be considered on second reading in any regular session unless it has been reported out by the proper committee to which it was referred or certified as urgent by the local chief executive.
e) Any legislative matter duly certified by the local chief executive as urgent whether or not it is included in the Calendar of Business may be presented and considered by the body at the same session without need of suspending the rules.
f) The Secretary shall prepare copies of the ordinance or resolutions in the form it was passed on second reading, and shall distribute to each Sanggunian member a copy thereof except that a measure certified by the local chief executive as urgent may be submitted for the final voting immediately after it has undergone the periods of debate and amendment during the second reading.
g) No ordinance or resolution passed by the Sanggunian in a regular, or special session duly called for the purpose, shall be valid unless approved by a majority of the members present, there being a quorum. h) Upon the passage of all ordinances and resolutions directing the payment of money or creating a liability, and at the request of any member, the Sanggunian Secretary shall record the ayes and the nays. Each approved ordinance and resolution shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.
Section 2 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. At this stage, the Secretary shall read the number of the proposed draft ordinance; its title; name of authors or the name of the members introducing it. Thereafter, the Presiding Officer shall refer it to the appropriate committee with or without instructions. At this stage no debate shall be allowed
b) Second Reading. At this stage, any proposed ordinance that has already been reported out by the concerned committee and has been calendared by the Committee on Rules for second reading may be sponsored by the reporting committee chairman, or his vice chairman, or any committee member designated for that purpose. Since every member of the Sanggunian is supposed to have been furnished a copy thereof, the proposed ordinance may no longer be read in full unless the sponsoring committee or the Sanggunian itself decided otherwise.
After the usual sponsorship speech has been delivered, the proposed ordinance shall be subjected to the following: Period of Debate Period of Amendment
c) Third and Final Reading. At this stage, the Secretary shall read the proposed draft ordinance by its number, title and the name of its sponsor or co-sponsor, if any. Immediately thereafter, the Presiding Officer shall put the proposed ordinance to a vote. The Presiding Officer shall then formally announce the result thereof and directs the Secretary to enter it in the record.
Section 3. 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:
By voice (viva voce) By raising of hand By rising By ballot By nominal voting
Section 4. Putting the question to a Vote. The Presiding Officer shall rise whenever he 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. While still in standing position the Presiding Officer shall announce the result thereof.
Section 1. Voting on the Question. Whenever a nominal voting is being applied, the Secretary shall call a roll of members either in alphabetical order, by rank, or by representative districts. 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.
A second roll call may be requested by any member from 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 vote to exercise their right and also to determine the number of members who might have violated the rule of abstention. After this second roll call, no other request of the same kind shall be entertained by the Chair.
Section 2. Voting Restriction. No member can vote, or be allowed to vote, on any measure in which he or any of his 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.
Section 3. Change of Vote. A member may change his vote but only when the result of the voting has not yet been announced by the Chair. Otherwise, he can only change his vote by a unanimous consent of the members present. Provided that this rule shall not be applied if voting is by ballot. Section 4. Vote by Late-comer. A member who came un late during the session but who happens to arrive while voting is in progress shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chair.
Section 5. Allowable Motion during Voting. Except for a motion pertaining to a question of quorum, no other motion shall be entertained by the Chair while voting is in progress.
Section 6. 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 Chair is put to a vote and it resulted in a tie. In this case the tie vote is considered to sustain the decision of the Chair.
Section 7. Breaking a Tie. In case of tie, the Presiding Officer of this Sanggunian is allowed to cast his vote if he so desires. He is, however, precluded under existing laws to cast his vote in order to create a tie.
Section 8. Majority Vote of All the Members. As provided for under RA 7160 and its implementing rules and regulations, a majority vote of all the members of the Sanggunian is required in the following circumstances: a)Enactment of ordinance levying taxes, fees or charges prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives and reliefs.
b) Adoption of resolution authorizing the Punong Barangay to negotiate and contract loans and other forms of indebtedness. c) Enactment of ordinance authorizing the floating of bonds or other instruments of indebtedness for the purpose of raising funds to finance development projects. Adoption of resolution concurring with the appointments issued by the Punong Barangay to the Secretary, Treasurer and other personnel employed in the Barangay.
d)
Section 9. Majority Vote of the Members Present (thereby constituting a Quorum). Except as provided in Section 8 hereof, all other legislative matters or measures shall require only a majority vote of the members present therein having a quorum for its passage, adoption or enactment as the case may be. Section 10. 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 the committees. No legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this Sanggunian thru a mere plurality vote.
Section 11. 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 the approval of appropriation ordinance, tax ordinance and a resolution giving authority to the Punong Barangay.
b) Unless otherwise concurred in by twothirds (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. 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 twothirds (2/3) vote of all the Sanggunian members.
d) 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 e) 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.
Section 12. Abstentions. Indubitably, a member of this Sanggunian is representing the people and not necessarily his own self and as such he should be required to take a stand, one way of the other, on every issue or measure submitted for decision of this august body. Hence, it is hereby made as a general rule that no member of this Sanggunian shall abstain from voting, except as provided under Section 2, Rule IX of this Internal Rules of Procedure.
Section 13. Simple Majority. Except as otherwise provided in the Internal Rules of Procedure and existing laws, rules and regulations, a vote by a simple majority shall prevail on other measures, motions or propositions provided there is a quorum. In parliamentary parlance, the term simple majority means one-half plus one (1/2 + 1) of the total votes cast by the members present there being a quorum. It might be less than the majority of the entire membership.
Section 3. No member shall speak for more than twenty (20) minutes on a particular issue or question being debated upon unless he is allowed to do so by a majority of the members present. Section 4. During the period of amendments, every member shall observe the so-called five-minute rule, i.e. remarks or argumentation by any member on each proposed amendment shall not exceed five (5) minutes.
Section 5. 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 twenty (20) minutes period allowed to him. If he fails to exercise his 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 sponsorship speech of a proposed measure, it shall be considered open to debate.
Section 6. While having the floor, a member may be interrupted in his 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 privilege.
Section 7. The speaker may also be interrupted by another member if the latter desires to ask questions thru his 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 8. All questions addressed to the speaker or the member having the floor must always be coursed thru the Presiding Officer. Section 9. The speaker being interpellated may decline to answer questions, if he so desires. Section 10. No member shall speak against his own motion or proposition. He may, however, be permitted to withdraw his motion or proposition and if his request to withdraw it is denied he may vote against it.
Section 11. 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 12. A motion to close the debate is in order, if three (3) 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 13. Subject to the requirement of the preceding Section, if no members move to close the period of debate, the Chair, motu propio, may use the assumed motion in order to close the period of debate. Section 14. 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, a two-thirds (2/3) affirmative vote is hereby required.
Section 15. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave his seat nor interrupt the former in his talk.
Section 16. After the period of debate has been closed, the period of amendments shall immediately follow.
Section 17. 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 debate 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.
b) The Presiding Officer may recommend the creation or re-organization of any regular or standing committee. The Sanggunian shall act on his 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 2. Composition. Every regular committee to be created shall be composed of not more than five (5) members including the Chairman and Vice Chairman.
Section 3. Restrictions.
a)The Presiding Officer shall not be a member of any regular committee. However, he may be designated by the body as Chairman of AdHoc 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 of the Sanggunian shall be made a Chairman or Vice Chairman of more than two (2) regular committees. d) No member of the Sanggunian shall be made a member of more than three (3) regular committees.
e) No member shall participate in the committees deliberations if he has a direct or indirect personal or pecuniary interest on the matter being handled by that committee
Section 4. Committee Hearings or Public Hearings. No tax ordinance or revenue measure shall be enacted by this Sanggunian in the absence of a public hearing duly conducted by the committee concerned. Section 5. Committee Meetings. As a general rule, a committee meeting shall be attended only by committee members unless a majority members thereof decided to allow other persons to be present especially invited resource persons or consultants.
Section 6. 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 7. Quorum. A majority of all the members of the committee shall constitute a quorum to do business. Section 8. Calling a Committee Meeting. Committee meeting may be called by the following: a) Chairman b) Vice Chairman, if he is the Acting Chairman c) Majority of the committee members
Section 7. Quorum. A majority of all the members of the committee shall constitute a quorum to do business. Section 8. Calling a Committee Meeting. Committee meeting may be called by the following: a) Chairman b) Vice Chairman, if he is the Acting Chairman c) Majority of the committee members Provided, that due notice is served upon each and every committee member.
Section 9. 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 10. Appearance of Head of Department or Offices in Committee Meetings. The following rules shall be observed in requesting for the appearance of heads of department of 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.
Section 11. Mandatory Standing Committees. The Sanggunian shall, thru a resolution, create the following mandatory standing (or regular) committees: a)Committee on Rules and Privileges
This committee shall be composed of not more than five (5) members, including its Chairman and Vice chairman, to which shall be referred all matters or question pertaining to or connected with the following: Sanggunian Internal Rules and violations thereof Order of Business and Calendar of Business Disorderly conduct of members and investigation thereof Privileges of members
b) Committee on Ways and Means This committee shall be composed of not more than five (5) members, including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Local taxes, fees and charges Loans and other sources of local revenues Study and revision of tax measures Generation of other sources and forms of revenue Codification of revenue ordinances
c) Committee on Budget and Appropriation This committee shall be composed of not more five (5) members, including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following:
Approval of budget Appropriation of funds Payment of obligations Determination of compensation of personnel Reorganization of local offices Allocation of funds for projects and other services Other matters related to fiscal administration
d) Committee on Education and Culture This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Formal and non-formal education Educational facilities Promotion of culture and the arts Operation of educational institutions All matters related to education and culture
This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following:
o o o o Environmental protection Exploration development Utilization and conservation of natural resources Beautification, cleaning and greening of parks and places of public interest
f) Committee on Health and Sanitation This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following:
Health, sanitation and hygiene Cleanliness and beautification of the community Health centers, medical hospital and clinics Purchase of medicines and other health and sanitary measures
Police matters Maintenance of peace and order Protective services Traffic rules and regulations Fire prevention and control measures Public morals Jail management Disaster preparedness All other matters related to public order and safety
i) Committee on Women and Family This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Womens welfare, rights and privileges Womens organization Family welfare All other matters related to women and family
j) Committee on Human Rights This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Human rights Prevention of human rights violation All matters relating human rights
k) Committee on Youth and Sports Development This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Sports development Youth welfare and development
l) Committee on Cooperatives This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Cooperative organization and development Incentive to cooperatives All matters affecting the cooperatives development program of the government
m) Committee on Ordinances and Legal Matters This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Enactment, revision or amendment of ordinances Exercise of legislative powers Legality of proposed measures to be acted upon by the Sanggunian
n) Committee on Good Government, Ethics and Accountability This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following:
Creation of position Policy formulation Conduct and ethical standards Public accountability Other matters related to good governance
o) Committee on Games and Amusements This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following:
Operation and establishment of amusement places Measures that affect the regulation of games and amusements including, but not limited to, the promotion or holding of cockfights, boxing, basketball tournament, and other kinds of games and amusement All other matter related to games and amusements
p) Committee on Trade, Commerce and Industry This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Establishment/operation of all kinds of trade and industry Measures that affect trade, commerce and industry Incentive to promote trade, commerce and industry All other matters related to trade, commerce and industry
q) Committee on Public Works This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following:
Construction, maintenance and repair of roads, bridges and other government infrastructure projects Measures that pertain to drainage and sewerage system and similar projects All other matters related to public works and infrastructure projects
r) Committee on Housing and Land Use This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following: Housing program Subdivision development Measures pertaining to land uses Squatter problems All matters related to housing and land use
s) Committee on Barangay Affairs This committee shall be composed of not more than five (5) members including its Chairman and Vice Chairman, to which shall be referred all matters or questions pertaining to or connected with the following:
Section 2. Joint Committee or Multiple Committee Report. When a measure is referred to two or more committees concerned may submit a joint committee report or multi-committee report as the case may be, or separate report thereon.
Section 3. Content of Committee Report. The committee report shall contain the following information: Name of the reporting committee or committees 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 Finding or conclusions Recommendations (either to file it away or to calendar it for second reading) Names and signature of concurring members Appendices (minutes of committee hearing and committee meetings, as the case may be)
Section 4. Discharge of Committee. A committee which failed to submit a committee report within the time required may be discharged by the Sanggunian from futher 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 5. 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 return back to that committee for further study.
Section 6. Calendar a Measure for Second Reading. After the committee has rendered its report and is recommending favorably the enactment of a proposed ordinance it has reported out, a copy of the proposed ordinance shall be furnished the Committee on Rules which shall calendar it 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.
Section 3. 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 beforehand. Being all responsible man 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 4. Contents of the Minutes. The minutes shall contain the following information: Place, date and time of the session; Whether it is special or regular; Name of the members present therein and those who are absent; Action taken on the minutes of the previous session including the correction, if any; names of those who adopted the minutes under consideration and those who did not, if any;
Text of every measure adopted or enacted; Brief resume of the minority opinion, if any; The Ayes and Nayes or yes or No vote on every question and if voting is done thru nominal voting or roll call vote; the names of those who voted on either side; All motion presented or proposed, whether lost or carried, except those withdrawn; Time of adjournment.
Section 5. Signing of the Minutes. The original copy of the minutes shall be signed by the members who adopted it at the appropriate space therein. The Presiding Office at that particular session and the Secretary shall also sign or affix their signatures on the said minutes. Section 6. 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.
Section 4. The following motions can be presented or proposed even if someone has the floor, viz: Appeal from the decision of the Chair. Call for Orders of the Day Divided the Assembly or Body Divide the Question Object to the Consideration of the Question Point of Order Point of Information
Point of Parliamentary Inquiry Reconsider Reconsider and have entered on the minutes Raise a Question of Privilege
In other words, the foregoing enumerated motions can interrupt the speaker.
Section 5.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 6. Motions or questions which were laid on the table may be taken up thru a motion to that effect during that particular session or during the next regular session but not beyond.
Section 7. The following motions require a SECOND, viz: a)Adjourn b)Adopt a report or resolution c)Amend d)Appeal from the decision of the Chair e)Commit or refer to a Committee f)Expunge g)Extend or limit the time of debate
g) Fix the Time to which to adjourn h) Lay on the Table i) Postpone Definitely j) Call for the Previous Question k) Recess l) Reconsider m) Reconsider and have entered on the minutes n) Rescind or Repeal o) Suspend the Rules p) Take from the Table q) Postpone indefinitely r) All main motion
Section 8. 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 9. A motion to amend is in order only up to the second degree. Thus, a motion to amend an amendment. Is out of order. Section 10. A motion can be withdrawn only when it is not yet being discussed or debate 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.
2. For any justified Absence with prior Notice 3. For any justified absence without prior notice 4. For any unjustified absence with prior notice 5. For unjustified absence in four (4) consecutive sessions
None
Fine of Php200.00
Fine of Php100.00
6. For coming late in any kind of session per hour of being late or fraction thereof 7. Conviction by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude
Automatic expulsion
8. For refusal without valid excuse to perform the task assigned to him by the Sanggunian or Committee of which he is a member 9. For unjustified absence in the committee hearing of which he is composite member
Fine of Php500.00 without prejudice to the filing of administrative charge for neglect of duty
10. For violation of any other provision of this Internal Rules of Procedure not Specified herein
Fine of Php500.00 suspension of not more than fifteen (15) days without renumeration
Section 2. 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 the Sanggunian shall suffice.
Section 3. 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 purposes 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 observe.
Should any member of the Committee on Rules be the respondent, the Presiding Officer 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 function of the said committee, the respondent is still a member of that committee.
Section 4. Collection of Fines and 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 AMENDMENTS Section 1. This Internal Rules of Procedure may be amended at any regular session by two-thirds (2/3) vote of all the members of this Sanggunian, provided that prior notice of such proposed amendments is given to all members of the Sanggunian, and provided further that no provision herein which is based on, or prescribed by, existing laws shall be amended.
Presiding Officer