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Reso 2010 19 2010-2013 irp (minutes)
 

Reso 2010 19 2010-2013 irp (minutes)

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Internal Rules & Procedure(IRP) of Sangguniang Bayan of Bustos, Bulacan 2010-2013

Internal Rules & Procedure(IRP) of Sangguniang Bayan of Bustos, Bulacan 2010-2013

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    Reso 2010 19 2010-2013 irp (minutes) Reso 2010 19 2010-2013 irp (minutes) Document Transcript

    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------xMINUTES OF THE 03rd REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BUSTOS,BULACAN HELD THIS 12TH DAY OF JULY, 2010 IN THE AMADO RAYMUNDO SESSIONHALL Present: Honorable Leonida L. Rivera Municipal Vice-Mayor and Presiding Officer of the Sangguniang Bayan Sangguniang Bayan Members Honorable Aprille Keith M. Lazaro Honorable Romulo DF. Lazaro Honorable Antonio L. Punongbayan Honorable Wilfredo C. Cruz Honorable Aileen S. Principio Honorable Felicisimo DR. Ramos Honorable Orlando L. De Guzman Honorable Rodrigo M. Santos Honorable Neil E. Garcia, ABC President Honorable Romnick O. Ramos, SK President ―― ■ ―― RESOLUTION NO. 2010- 19 RESOLUTIONAMENDING THE INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANGBAYAN OF BUSTOS, BULACAN 2010 - 2013 Author: Honorable Orlando L. De Guzman WHEREAS, in order to meet its ends and accomplish its purposes in the mannerthat ensures effectiveness and efficiency, it is imperative for a legislative body to adopta system of conducting business and rules to govern its proceedings, which arenecessarily subject to the common parliamentary law where it does not conflict with itsown special rules or the needs peculiar to it; WHEREAS, parliamentary law has been so changed and are constantly beingmade in the written rules which our legislative bodies have found best to adopt; WHEREAS, the 2010 – 2013 Sangguniang Bayan of Bustos, Bulacan, after a yearof conducting its legislative affairs, found it evident that its rules and practices must bemodified in some respects and to some extent for which it may expedite its business atpar with the universal parliamentary standards; NOW, THEREFORE, on motion and as authored by the Honorable Orlando L.De Guzman, duly seconded by the Honorable Neil E. Garcia and adoptedunanimously by all Sangguniang Bayan Members present: BE IT RESOLVED, as it is hereby RESOLVED, by the Sangguniang Bayan ofBustos, Bulacan in session assembled: RULE I COVERAGE AND APPLICABILITY OF THE RULES Section 1.Adherence to the Internal Rules of Procedure. – The Sangguniang Bayan shall be run in accordance with these Internal Rules of Procedure. The Page 1 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Presiding Officer, all Members, officials and staff of the Sangguniang Bayan, and participants such as resource persons, guests and observers in sessions and committee meetings orhearings shall observe these Rules. Section 2.Precedents. – Rulings on questions raised by Sangguniang Bayan Members shall form part of the parliamentary practice of the Sangguniang Bayan. Section 3.Laws as Bases. – All functions of the Sangguniang Bayan and all other provisions prescribed by law to be performed by the Sangguniang Bayan regardless if such functions and provisions are not reflected herein shall nevertheless be observed. Republic Act No. 7160 or the “Local Government Code of 1991” shall be the primary basis of the actions of the Sangguniang Bayan and shall at all times prevail. RULE II PRINCIPLES AND POLICIES Section 4.Mission Statement of the Sangguniang Bayan. – In order to actualize the vision of a first class Municipality of Bustos by the year 2020 and beyond, the Sangguniang Bayan, as the supreme policy-making and legislative body of the Municipality, as the vanguard and proponent of the welfare of the people and as a public institution of trust and integrity committed to genuine public service, shall contribute to the establishment of a Municipal Government that promotes good governance, pursues socio-economic development in harmony with sound ecological management, and fosters an enabling environment for private sector growth. Section 5.The Sangguniang Bayan is the Sanggunian of the People. – The involvement and participation of the people in the processes of legislation shall be encouraged, guaranteed and sustained. Section 6.Public Office is a Public Trust. – The Sangguniang Bayan and every Member thereof are accountable to the people at all times. They shall perform their legislative mandates with utmost competence, efficiency, effectiveness, integrity and fidelity to the people’s welfare. Section 7.Information. – Efficient and effective access to and dissemination of appropriate and accurate information is imperative in lawmaking. The use of information technology and the development of institutional capabilities to harness such technology to improve the legislative process and to inform the public of legislative concerns shall be pursued vigorously. Section 8.Legislative Enhancement. – The continuing development of the capabilities of Members to craft and secure the passage of socially relevant legislation is imperative. Continuing educative programs in disciplines relating to legislative work and its effective management shall be implemented for the Members. Cooperative and coordinative networks with academic communities and the private sector for the purpose shall be established and strengthened. Page 2 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 9.Effective Legislative Support Service. – The harnessing and development of a competent and efficient corps of professionals able to provide necessary legislative support services is a paramount concern. Programs for the recruitment, training and development of qualified professionals and the establishmentof appropriate organizational systems to best utilize their talents and skills to enhanceinstitutional legislative performance shall be undertaken. RULE III THE SANGGUNIANG BAYAN Section 10.Composition of the Sangguniang Bayan. – The Sangguniang Bayan, the legislative body of the Municipality, shall be composed of the Municipal Vice Mayor as the Presiding Officer, the regular Sanggunian Bayan Members, the President of the Municipal Chapter of the Liga ng mga Barangay, the President of the Pambayang Pederasyon ng mga Sangguniang Kabataan, and the sectoral representatives, as Members. Section 11.Term of Sangguniang Bayan Members. – The Municipal Vice Mayor and each Sangguniang Bayan Member shall serve for a term prescribed therefor by law or by their respective leagues and associations. Section 12.Powers and Duties of the Sangguniang Bayan. – The Sangguniang Bayan shall exercise the powers and duties as stipulated under Section 447 of Republic Act No. 7160, hereinafter referred to as the “Local Government Code of 1991.” Section 13.Duties of a Sangguniang Bayan Member. – The primary duty of Sangguniang Bayan Members is to legislate. In order to fulfill this duty, they shall: 1. Prepare, introduce and work for the passage of legislative measures to effectively address social, political and economic needs and concerns; 2. Attend plenary sessions and meetings of committees of which they are members or where their proposed legislative measures are under consideration; 3. Participate actively in deliberations on legislative measures; 4. Articulate faithfully the demands and interests of their constituencies as well as those of other sectors that are affected by proposed legislative measures or by conditions, issues and concerns requiring legislative action; 5. Secure, through every lawful means possible, any and all data and information relevant and necessary for the determination and formulation of appropriate legislative actions and measures on public issues and concerns; 6. Make information pertaining to the performance of their legislative and constituent functions and duties available to the public; and 7. Perform such other actions as may be lawful and necessary to ensure the swift passage of legislative measures needed to effectively address social, political and economic needs and promote development, as well as the efficient and timely conduct of legislative oversight. Page 3 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 14.Oath or Affirmation. – The Municipal Vice Mayor and Sangguniang Bayan Members shall take their oath or affirmation collectively or individually upon assumption to office. Section 15.Seal of the Sangguniang Bayan. – The Seal of the Sangguniang Bayan shall have a frame, tinctures, shield, charges, and motto, to wit: 1. Frame - The Seal of the Sangguniang Bayan shall be round; encircling its border are the phrases “Sagisag ng Sangguniang Bayan,” and “Bustos, Bulacan” written in bold red letters in Book Antiqua font. The white line between the red border and the blue field represents the territorial jurisdiction of the Municipality that it is distinct and different from that of the other political and geographical subdivisions of Bulacan. 2. Tinctures - The color of royal blue stands for nobility; sky blue (bleu-celeste) for just and generous pursuit of honor and virtue; red for fortitude; white for sincerity and purity of intention; yellow for benevolence; and green (vert) for hope and prosperity. 3. Coat of Arms – Comprising the Coat of Arms are: a. Shield – Within the Seal is the shield that symbolizes the Municipality of Bustos, Bulacan. The four corners thereof represent sovereignty, democracy, social equality and empowerment. b. Charges - Flanking the shield is a wreath of laurels symbolizing excellence. Enthroned in the upper field of the shield is the sun that signifies enlightenment. The sun’s orb represents the Presiding Officer, and the ten rays the ten (10) Sangguniang Bayan Members; hence, all Members of the Sanggunian - individually and collectively - shall act at all times under the spirit of wisdom and good judgment. The Bustos Dam is the epitome of the Municipality’s grand historical, economic, socio-political and cultural heritage and growth. It stands for resilience, and flexibility of the people and the town through the ages. In the lower field is a polished brown gavel, which represents the legislative power of the Sanggunian. It is placed in a leveled position to connote fairness. The stalk of rice with fourteen (14) grains and two (2) leaves represents the unity of the fourteen (14) barangays, and the rural and urban features of the town. The quill pen or panache represents the conscientiousness of duty that comes with lawmaking. When combined, these charges signify lawmaking (gavel) with integrity (quill pen) by and for the people (stalk of rice). Crowning the shield are three (3) yellow stars, which stand for the three (3) elements of good governance, namely: transparency, accountability, and consistency or predictability. A white dove flies amidst the stars with a roll of parchment clutched in its beak, symbolical of Sanggunian’s role to: (1) attain good Page 4 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x governance through effective and significant legislation, and (2) become the standard bearer of the law (as represented by the roll of parchment). The dove, furthermore, embodies vision, oversight and vigilance. 4. Motto – Adorning the coat of arms is a white ribbon; inscribed thereon are the words “Ang kapakanan ng mamamayan, kataas-taasang batas,” Filipino for “The welfare of the people is the supreme law,” or “Salus Populi Suprema Lex Esto.” The phrase is attributed to the Roman statesman Marcus Tullius Cicero in De Legibus (Book III, Part III, Sub. VIII). English philosopher John Locke, in his Second Treatise on Government, refers to it as the fundamental rule for government. RULE IV OFFICERS OF THE SANGGUNIANG BAYAN Section 16.The Presiding Officer. – The Municipal Vice Mayor shall: 1. Be the Presiding Officer of the Sangguniang Bayan; 2. Preserve order and decorum during sessions and in case of disturbance or disorderly conduct in the session hall or within the premises, take measures as he/she may deem advisable or as the Sangguniang Bayan may direct; 3. Decide all questions of order, subject to appeal of any Sangguniang Bayan Member in accordance with the Internal Rules of Procedure; 4. Attest and sign all acts, ordinances, resolutions, memorials, writs issued by, or upon order of the Sangguniang Bayan; 5. Vote to break a tie; 6. Sign all warrants drawn on the Municipal Treasury for all expenditures appropriated for the operation of the Sangguniang Bayan; 7. Subject to civil service law, rules and regulations, appoint all officials and employees of the Sangguniang Bayan, except those whose manner of appointment is specifically provided in the Local Government Code of 1991; and 8. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. Section 17.Majority Leader. – The Majority Leader shall be elected by the ruling majority bloc in the Sangguniang Bayan. He/she shall provide leadership to the majority and call the session to order in case of absence of the Municipal Vice Mayor and proceed to the election of a Presiding Officer Pro Tempore. Section 18.Minority Leader. – The Minority Leader shall be elected by the minority bloc in the Sangguniang Bayan. He/she shall provide leadership to the minority and fiscalize the ruling majority in case of excesses. Section 19.Secretary to the Sangguniang Bayan. – The Secretary to the Sangguniang Bayan, hereinafter referred to as the “Secretary,” shall: 1. Take charge of the Office of the Secretary; 2. Attend meetings of the Sangguniang Bayan and keep a journal of its proceedings; 3. Call the roll of Sangguniang Bayan Members at the start of every session; Page 5 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 4. Read verbally and in words the businesses of the session prior to the commencement of deliberation, referral or discussion; 5. Read verbally and in words communications, correspondence, petitions and such other documents for deliberation or referral during sessions whenever directed by the Presiding Officer; 6. Keep the seal of the Sangguniang Bayan and affix the same with his/her signature to all ordinances, resolutions, and other official acts of the Sangguniang Bayan and present the same to the Presiding Officer for his/her signature; 7. Forward to the Municipal Mayor for approval, copies of ordinances enacted by the Sangguniang Bayan and duly certified by the Presiding Officer; 8. Forward to the Sangguniang Panlalawigan copies of duly approved ordinances for review; 9. Furnish, upon request of any interested party, certified copies of records of public character in his/her custody, upon payment to the Office of the Municipal Treasurer of such fees as may be prescribed by ordinance; 10. Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sangguniang Bayan, with the dates of passage and publication thereof; 11. Keep his/her office and all non-confidential records therein open to the public during the usual business hours; 12. 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 of such enactments; 13. Take custody of the local archives and, where applicable, the local library and annually account for the same; 14. Be responsible for the strict compliance by the Sangguniang Bayan personnel with their duties, upon whom he/she may impose, for just cause, corrective or disciplinary measures including a recommendation to the Municipal Vice Mayor for their dismissal; 15. Prepare and distribute the Orders of Business after review of the Chairperson of the Committee on Rules and Privileges; and 16. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his/her position. RULE V REGULAR AND SPECIAL SESSIONS Section 20.Frequency of Regular Sessions; Day and Time to be Held. – The Sangguniang Bayan shall meet in regular session at ten o’clock in the morning every Monday. In case the session falls under a non-working holiday, it shall be held on the following working day. The Presiding Officer may postpone, after consultation with the Majority Leader and the Minority Leader, respectively, the holding of the session due to force majeure or the occurrence of an emergency which may prevent the convening of the Sangguniang Bayan. Section 21.Venue of Regular Sessions. – Sessions of the Sangguniang Bayan shall be held in the Amado Raymundo Session Hall. For a time, the venue of the session may be held or transferred to a considerable place conducive for Page 6 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x ample deliberation: Provided, That the majority of the Sangguniang Bayan Members, a quorum being present, concurred. Section 22.Special Session; When and How Called. – When public interest so demands, special sessions may be called by the Municipal Mayor or by a majority of the Members of the Sangguniang Bayan. Section 23.Notice of Special Session. – In special sessions, a written notice to the Members shall be served personally at the Member’s usual place of residence at least twenty-four (24) hours before the special session is held. Section 24.Business of the Special Session. – Unless otherwise concurred in by two-thirds (2/3) vote of the Sangguniang Bayan Members present, including the Presiding Officer and there being a quorum, no other matters may be considered at a special session except those stated in the notice. Section 25.Sessions in a Day. – No two (2) sessions, regular or special, may be held in a single day. RULE VI EXECUTIVE SESSIONS Section 26.Executive Session; How Called. – On motion by the Chairperson of the Committee on Rules and Privileges, a closed-door session may be ordered by an affirmative vote of a majority of the Sangguniang Bayan Members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. In such sessions, only the Secretary and such other persons as may be authorized by the Sangguniang Bayan may be admitted to the session hall. Thereupon, the Presiding Officer shall order that the public be excluded from the hall and the doors of the session hall be closed. Section 27.Minutes of the Executive Session. – The minutes of an executive session shall be recorded in a separate book. Section 28.Confidentiality. – The Presiding Officer as well as the Sangguniang Bayan Members and the officials and employees of the Sangguniang Bayan shall absolutely refrain from divulging any of the confidential matters taken up by the Sangguniang Bayan in executive session, and all proceedings which might have taken place in the executive session shall be likewise considered as strictly confidential until the Sangguniang Bayan, by two-thirds (2/3) vote of the Members present, including the Presiding Officer and there being a quorum, decides to lift the ban of secrecy. Section 29.Punishment Consequential to Breach of Confidentiality. – (a) Pursuant to Republic Act No. 3019 otherwise known as the “Anti-Graft and Corrupt Practices Act” and Republic Act No. 6713 otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees,” any Sangguniang Bayan Member who violates the provisions contained in Section 28 of this Rule, may, by a two-thirds (2/3) vote of all Sangguniang Bayan Members present, including the Presiding Officer and there being a quorum, excluding in the count the Sangguniang Bayan Member to be Page 7 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x disciplined, be suspended for not more than sixty (60) calendar days or expelled from the Sangguniang Bayan after due process. (b) If the violator is an official or employee of the Sangguniang Bayan, he/sheshall be suspended on first offense and dismissed on second offense by the MunicipalVice Mayor after due process subject to Civil Service rules and regulations. RULE VII QUORUM Section 30.Determination of Quorum. – A majority of all Members or six (6) Members of the Sangguniang Bayan including the Presiding Officer who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the Presiding Officer shall immediately proceed to call the roll of the Members and thereafter announce the results. Section 31.Lack of Quorum. – Where there is no quorum, the Presiding Officer may postpone the session at a later time: Provided, That it shall not be more than thirty (30) minutes after ten o’clock in the morning, or declare a recess until such time as a quorum is constituted. Section 32.Attendance Compelled. – A majority of the Members present may adjourn from day to day and may compel the immediate attendance of any Member absent without justifiable cause by designating a Member of the Sangguniang Bayan to be assisted by a member or members of the police force assigned in the Municipality, to arrest the absent Member and present him/her at the session. Section 33.Session Adjourned for Lack of Quorum. – If there is still no quorum despite the foregoing, no business shall be transacted. The Presiding Officer, upon proper motion duly approved by the Members present, shall then declare the session adjourned for lack of quorum. RULE VIII ORDER OF BUSINESS Section 34.Order of Business. – The Order of Business in every session shall be as follows: 1. Call to order 2. Roll call 3. National Anthem 4. Invocation 5. Reading and approval of the minutes of the previous session 6. Reference of business and first reading a. Messages and correspondence from the Municipal Mayor b. Communications and petitions c. First reading and reference to committees of: i. Proposed ordinances ii. Proposed resolutions 7. Committee reports 8. Calendar of business for second reading a. Unfinished business Page 8 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x b. Business for the day c. Unassigned business 9. Proposed ordinances and resolutions for third reading 10. Other matters 11. Adjournment Section 35.Review of Order of Business Prior to Distribution. – The Order of Business for every session shall be reviewed by the Chairperson of the Committee on Rules and Privileges; and copies thereof shall be distributed to Sangguniang Bayan Members and the Presiding Officer at least three (3) calendar days prior to session. Section 36.Changing the Order of Business. – To revert to or advance to a new Order of Business requires a majority vote of the Members of the Sangguniang Bayan present, there being a quorum, on motion by the Chairperson of the Committee on Rules and Privileges. Page 9 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x RULE IX CALL TO ORDER, ROLL CALL, NATIONAL ANTHEM AND INVOCATION Section 37.Call to Order and Roll Call. – In opening the session, the Presiding Officer shall call the session to order; thereafter the Secretary shall proceed with the roll call. Section 38.Rules to be Observed During Roll Call. – While the Sangguniang Bayan is under call, Sangguniang Bayan Members shall take and remain in their seats and no Sangguniang Bayan Member shall be permitted to leave the hall unless with the consent of the Presiding Officer. Section 39.National Anthem and Invocation. – After determination that a quorum is present, the National Anthem shall be sung followed by a five- minute invocation to be lead by a Sangguniang Bayan Member as requested by the Presiding Officer or by any person or minister assigned by the Sangguniang Bayan. RULE X READING AND APPROVAL OF THE MINUTES OF THE PREVIOUS SESSION Section 40.Minutes of the Session. – The Sangguniang Bayan shall keep the minutes of its proceedings which shall contain an accurate account of what has taken place in every session. Section 41.Distribution of Copies of the Minutes. – Copies of the minutes of the previous session shall be distributed to Sangguniang Bayan Members and the Presiding Officer at least three (3) calendar days prior to the session, the consideration of which shall be made in the session. Section 42.Correction and Approval of the Minutes. – If a Sangguniang Bayan Member finds any error in the minutes, he/she shall, verbally in open session, call the attention of the plenary to this fact and move for its correction. After corrections and amendments are taken into consideration, the plenary shall proceed to its adoption; otherwise it shall be adopted without correction. RULE XI REFERENCE OF BUSINESS AND FIRST READING Section 43.Matters for Reference and First Reading to be Filed First in the Office of the Secretary. – Messages, communications, correspondence and proposed measures shall be filed in the Office of the Secretary on or before three o’clock in the afternoon on Thursday so that the same shall be included in the Order of Business for reference of business and first reading in the immediately following session. Section 44.Precedence of Reference. – Reference of business to committees shall be taken in the following precedence: (1) messages and correspondence from the Municipal Mayor, (2) communications and petitions, and first reading and reference to committees of (3) proposed ordinances followed by (4) proposed resolutions. Page 10 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 45.Proposed Ordinances and Resolutions; Requisites for Reference. – Proposed ordinances and resolutions to be introduced in the plenary for reference to committees shall be typewritten, shall bear the name and signature of the author or co-authors, if any, shall have an explanatory note, shall contain an assigned number, a title or caption, an enacting or ordaining clause, and shall be filed in the Office of the Secretary for inclusion in the Order of Business. Section 46.Right to Author Proposed Measure; Authorship and Sponsorship. – (a) Only Members of the Sangguniang Bayan and the Presiding Officer shall have right to author and to file proposed ordinances or resolutions for consideration of the Sangguniang Bayan. (b) A proposed measure may have more than one (1) author. (c) Any member may become the co-author of a proposed measure by securingpermission from the author. If permission is secured from the author prior to the timethe measure is filed with the Secretary, the primary author and the co-author shall signthe proposed measure, which shall be. (d) If a Sangguniang Bayan Member wishes to become the co-author of aproposed measure after it has been filed, no action shall be required by the plenary, butit shall be the duty of the Sangguniang Bayan Member seeking to be a co-author toobtain written authorization from the author. This authorization shall be filed with theSecretary before the co-author signs the proposed measure. (e) If a co-author of a proposed measure desires to withdraw from such status,the Sangguniang Bayan Member shall notify the Secretary in writing. (f) A Sangguniang Bayan Member cannot become the author or co-author of ameasure after the same has been adopted or passed by the plenary on Second Reading. (g) The Sangguniang Bayan Member who made the sponsorship speech or whomoved for the adoption or passage of the proposed measure in the plenary during theSecond Reading thereof shall be the sponsor of such measure. Section 47.Transmittal to Archives if Action is Not Necessary. – Messages, correspondence and written communications which have to be acted upon by the Sangguniang Bayan shall be referred to the proper committee; otherwise, they shall be referred to the Archives. Section 48.Joint or Multiple Referrals. – A measure covering subject matters falling within the jurisdiction of more than one (1) committee may be referred to two (2) committees or more: Provided, That measures involving the appropriation of funds or embodying tax or revenue proposals shall respectively be referred also to the Committee on Appropriation for the appropriation aspect or to the Committee on Ways and Means for the tax or revenue aspect. Page 11 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 49.No Debate or Deliberation During Referral. – No debate or any other similar deliberation or discussion shall be entertained during reference of business or first reading. Section 50.Erroneous Reference. – In case matters, proposed ordinances or resolutions are erroneously referred to a committee, the Chairperson of the Committee on Rules and Privileges may rise to a point of order and call the attention of the Presiding Officer to rectify such erroneous referral; otherwise, the referral shall be sustained by the Presiding Officer. Section 51.Manner of Referral. – When the Presiding Officer refers a matter to a committee, the Secretary shall read the full title or gist of the matter, then the Presiding Officer shall state the name of the committee to which the matter shall be referred to, thereafter he/she shall pound the gavel. RULE XII COMMITTEE REPORTS Section 52.Matters to be Reported by the Committee. – The committee shall report to the plenary: 1. Any proposed ordinance, resolution or subject matter referred to it, with or without amendments, or may report back a substitute for any measure referred to it; or 2. A proposed ordinance or resolution authored by the committee at its own initiative, though without referral: Provided, That it is scheduled in the Order of Business under committee reports, except the Committee on Rules and Privileges and the Committee on Appropriation, which may report at any time. Section 53.Precedence of Reports. – For this purpose, reports of the committees shall be presented and heard in the following order of precedence: Rules and Privileges; Finance, Budget and Appropriation; Public Works and Infrastructure; Health, Sanitation and Public Welfare; Police, Fire and Public Safety, Investigation, Peace and Order; Youth and Sports Development, Games and Amusement; Education; Barangay Affairs; Environmental Protection; Agriculture, Food Production and Cooperatives; Industry and Investment; Transportation and Communication; Tourism, Arts and Culture; Land Use, Housing and Agrarian Reform; Human Rights; Good Governance and Justices; Women, Children and Family; Social Welfare and Social Services; Ways and Means; Labor and Employment; Awards and Commendation; and special committees. Section 54.Only Committees with Final and Favorable Recommendation shall Report; Period to Report. – Only when a committee has reached a final recommendation on a subject matter, proposed ordinance or resolution: Provided, That such recommendation is favorable, shall it be required to present its report to the plenary: Provided, further, That should any committee fail to render a report on any measure or matter referred to it within thirty Page 12 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x (30) calendar days after such reference was made, five (5) Sangguniang Bayan Members may move for its inclusion in the Order of Business of the next session and the Presiding Officer shall so order it. Section 55.Who Shall Report. – Reports shall be presented to the plenary while in session, either by the chairperson of the committee or a duly authorized member thereof, and the same may not be withdrawn on petition of the chairperson or the committee itself without the consent of the plenary. Section 56.Author Not Entitled to Report. – If the chairperson of the committee is at the same time the author of the proposed ordinance or resolution, which is the subject of the committee report, such report shall be presented by the vice chairperson or any member of the committee appointed by the chairperson: Provided, That this provision shall be disregarded if all Members of the Sangguniang Bayan, or all members or majority of all members of the committee are authors of the proposed measure making it impractical to transfer the responsibility to present the report to another Sangguniang Bayan Member. Section 57.Contents of Committee Reports. – (a) For the purpose of uniformity, all committee reports must be in writing and shall: 1. Have a heading, which shall ― a. Contain the docket number of the committee report as filed in the Office of the Secretary; b. Contain the name of the committee or committees which submitted the report, such as: “Submitted by the (name of the committee) on (date the report was filed)”; c. Contain the docket number of the proposed measure as filed in the Office of the Secretary and its full title and the date when the proposed measure was referred to the committee; d. State the name of the author or co-authors; e. Contain a brief statement of the recommendation of the committee, such as: - Recommending its approval with/without amendment/s - Referring it to (other committee/s) - Returning it to the author/s for (reason) - Returning it to (name of office) - Referring it to the archives f. Contain the date the report was adopted. 2. Have a body, which shall ― a. Be addressed to the Presiding Officer; b. Include a summary of the committee meeting/s and hearing/s on the proposed measure or subject matter; c. Include a list of the names of the persons, other than committee members, and persons or entities represented by those persons, who attended the committee hearings; Page 13 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x d. Contain the record vote by which the report was adopted, including the vote of each member of the committee; e. Contain a brief statement as to the reason the recommendation was adopted; and f. A brief explanation of each amendment adopted by the committee, if any. 3. Contain as attachment the proposed measure or subject matter, with or without amendments or a substitute measure; 4. Contain as attachments the minutes of all committee meeting/s and hearing/ s held in considering the proposed measure; and 5. Be signed by the majority of the membership of the committee, the committee clerk and the Secretary. (b) A copy of each committee report shall be kept in the Office of the Secretary. (c) No committee report shall be presented or taken into consideration in theplenary unless accompanied by the minutes of the committee meeting or committeehearing wherein the report or recommendation was voted upon for presentation. Section 58.No Debate or Deliberation During Committee Reporting. – Debate or any other similar discussion shall not be allowed during committee reporting. Questions shall be reserved for the period of debate during second reading. Section 59.Favorable Reports to be Calendared for Second Reading; Manner of Reporting. – When a committee, in its report, recommends a subject matter, proposed ordinance or resolution for second reading, with or without amendments: 1. The committee member designated to present the report, shall move for the inclusion of the report in the calendar of business for second reading of the next session without reading the entire report. The member presenting the report shall word the motion properly, to wit: “Mr. Presiding Officer, the committee has approved the (subject matter) with (or without) amendments for deliberation of the plenary. I move that the (subject matter) be placed on second reading in the next session (or the present session).” 2. With the consent of the plenary and without deliberation, the report shall then be placed under calendar of business for second reading in the next session. 3. A report may be considered and deliberated upon, however, by the plenary in the present session by motion of the member presenting the report, and with the consent of the plenary. The report shall then be placed on second reading of the present session. Section 60.Unfavorable Reports to be Transmitted to Archives. – (a) If reports are unfavorable, it shall be transmitted to the Archives together with the Page 14 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x matters to which they refer and for this reason, such reports shall not be included in the Order of Business. (b) The committee shall then notify in writing the author or authors of theproposed legislation or the persons who submitted the subject matter of the action thecommittee has taken. (c) Five (5) Sangguniang Bayan Members may, however, move for the inclusionof the unfavorable committee report in the Order of Business of the following session, inwhich case the Presiding Officer shall so order. Section 61.Committee Mainly Responsible to Report. – In joint or multiple referrals, the first committee mentioned in the order of referral shall be the primary committee, mainly responsible to submit a report to the plenary incorporating therein the appropriate recommendations of the secondary committee and the Committee on Appropriation or the Committee on Ways and Means, as the case may be. Section 62.Approval of Committee Reports by the Committee. – The affirmative vote of a majority of all committee members present in a committee meeting or hearing shall be necessary to agree to any motion to recommend for passage or to postpone indefinitely further consideration of measures referred to it, and a record of such vote shall be kept by the committee. If approved, committee reports shall be signed by a majority of the entire committee who voted in favor of its approval in the committee. Section 63.Approval of Committee Reports In Case of Joint Referrals. – In cases of joint or multiple referrals, majority of the members present in each committee, there being a quorum, is required to act upon or approve a committee report. The committee report shall be signed by a majority of the members of each of the committees concerned. Section 64.Committee Report Not Amendable Once Approved by the Committee. – Once a committee report is approved by the committee, the report and the corresponding measure it covers shall no longer be subject to any change, amendment or alteration, except correction of typographical errors and grammar. Section 65.Period to Report. – The committee shall present its report to the plenary on the proposed ordinance or resolution within thirty (30) calendar days after it has been referred to it. Section 66.Committees Privileged to Report Anytime. – The Committee on Rules and Privileges, and the Committee on Appropriation are authorized to submit at any time their reports on any matter within their jurisdiction. The consideration of its reports shall always be in order. Section 67.Report Returned to a Committee or Transmitted to Another. – When a report is returned to a committee or is transmitted to another, unless it is returned for purposes of conducting further committee hearings on new matters arising after the report, all previous proceedings in connection Page 15 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x therewith shall be deemed to be void and that the matter in question shall revert to its original status. RULE XIII CALENDAR OF BUSINESS FOR SECOND READING Section 68.Calendar of Business for Second Reading; Contents. – After the reference of business to the proper committees, the Sangguniang Bayan shall proceed with the calendar of business for second reading, to wit: (1) unfinished business, (2) business for the day, and (3) unassigned business. Section 69.Unfinished Business. – All matters and proposed ordinances or resolutions for their second reading in a particular session, the discussion or deliberation of which as the business for the day was not concluded on that session, shall be placed as unfinished business on each succeeding session, until disposed of. Section 70.Business for the Day. – Proposed ordinances or resolutions for their second reading and matters favorably reported by the committee in the previous session shall be placed as business for the day for deliberation of the plenary. Section 71.Unassigned Business. – All matters and proposed ordinances and resolutions for second reading in which the deliberation thereof was postponed indefinitely or laid on the table, with no specific date set for its deliberation, shall be placed as unassigned business. Section 72.Procedures for the Consideration of Proposed Measures on Second Reading; Plenary Debate. – The proposed ordinance, resolution or subject matter favorably reported by a committee shall be open for deliberation, debate and amendments under calendar of business for second reading in the next session. The following procedures shall be observed during the second reading: 1. On second reading, the Secretary shall read the title of the proposed ordinance, resolution or subject matter. 2. Sponsorship speech of not more than ten (10) minutes by the committee chairperson, or by any member designated by the committee. When making the speech, the speaker shall take the rostrum and face the Sangguniang Bayan Members, although, the speech shall be directed to the Presiding Officer. 3. The period for the plenary debate shall be in order. If a debate ensues, turns for and against the proposed measure shall be taken alternately. 4. The sponsor or the author of the proposed measure shall have the right to close the debate. 5. With the debate closed, the consideration of amendments, if any, shall be in order. Page 16 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 6. After the period of amendments, if any, the voting of the proposed measure on second reading. The sponsor, not the author, (except as stated in Section 56 hereof) shall move for its approval. 7. If a proposed measure is approved by the plenary, it shall be included in the Order of Business of the next session under proposed ordinances and resolutions for third reading; otherwise, it shall be referred to the Archives. Section 73.Concurring Committee Member Precluded to Oppose During Plenary Debate. – The committee member who concurred with the report during the committee meeting shall not be allowed to speak against the proposed measure during the period of plenary debate in the second reading of the proposed measure although he/she may propose and speak or vote on amendments thereto. RULE XIV PROPOSED ORDINANCES AND RESOLUTIONS FOR THIRD READING Section 74.Procedure for Inclusion of Proposed Measures in Third Reading. – Proposed ordinances or resolutions passed or adopted in a session under second reading shall be placed on third reading in the succeeding session. Section 75.Copies of Measures for Third Reading to be Distributed. – Copies of proposed ordinances or resolutions in its final form shall be distributed to the Sangguniang Bayan Members and Presiding Officer at least three (3) working days before consideration on third reading except: 1. When the Municipal Mayor or the Sangguniang Bayan certifies to the necessity of its immediate enactment to meet public calamity or emergency; or 2. When the proposed measure was adopted without correction or amendment. Section 76.Manner of Third Reading. – On third reading, the Secretary shall read the title of the final version of the proposed ordinance or resolution, thereafter the vote thereon shall be forthwith taken, and the ayes and nays entered in the minutes. Section 77.Debate and Amendments Prohibited During Third Reading. – No debate shall be entertained, and no amendment, excluding typographical or grammatical errors, shall be allowed during the third reading of proposed ordinances or resolutions. RULE XV OTHER MATTERS Section 78.Privilege Speech; Inclusion in the Order of Business Necessary. – A Sangguniang Bayan Member who wishes to deliver a privilege speech in a session shall schedule such speech with the Secretary and the Chairperson of the Committee on Rules and Privileges for inclusion thereof in the Order of Business under other matters; clearly stating the topic, title or subject matter of such speech. No Sangguniang Bayan Member may deliver such speech without having it included in the Order of Business. Page 17 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 79.Exclusion of Privilege Speech Prohibited. – In no case should the Secretary or the Chairperson of the Committee on Rules and Privileges exclude, prohibit or disallow a Sangguniang Bayan Member to have his/her privilege speech included in the Order of Business under other matters. Section 80.Privilege Speech; Manner of Delivery and Time Limit. – A Sangguniang Bayan Member who shall deliver a privilege speech shall take the rostrum and face the Members. Such speech shall be addressed; however, to the Presiding Officer. A Sangguniang Bayan Member shall be entitled to a maximum of ten (10) minutes to deliver such speech. Section 81.Privilege Speech Not Debatable. – After a Sangguniang Bayan Member has delivered his/her privilege speech, he/she shall return to his/her seat. No rebuttal, comment or debate shall be entertained regarding thereto. Section 82.Privilege Speech may be Referred. – A privilege speech of a Sangguniang Bayan Member may be referred to a committee or committees for appropriate action, response or consideration; otherwise, the Sangguniang Bayan shall not act on it. Section 83.Sangguniang Bayan Member may Introduce any Subject Matter. – A Sangguniang Bayan Member may request for and avail of the privilege to bring into attention of the plenary any matter of interest or to introduce motions and simple resolutions. If more than one (1) Sangguniang Bayan Member wish to avail of the same privilege, the Sangguniang Bayan Member who first announced his/her intention shall be given priority. Section 84.Report of the Secretary and Presiding Officer. – The Presiding Officer or the Secretary may use this time to report to the plenary all matters concerning official functions, or to address issues and concerns which need the attention of the Sangguniang Bayan. Section 85.Reading and Inclusion of Documents. – The reading and inclusion of any document in the deliberation or attention of the plenary or in reference to committees may be ordered upon request of a Sangguniang Bayan Member or upon direction of the Presiding Officer. RULE XVI MANNER OF PRESENTING MOTIONS Section 86.Manner of Having the Floor. – Whenever a Sangguniang Bayan Member wishes to speak, he/she shall raise his/her hand and respectfully address the Presiding Officer to allow him/her to have the floor, which consent shall be necessary before he/she may proceed. If various Sangguniang Bayan Members wish to have the floor, the Presiding Officer shall recognize the one who first made the request. Section 87.Presentation of Motions. – The following guidelines in presenting motions shall be observed: Page 18 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 1. The Sangguniang Bayan Member, after recognition of the Presiding Officer, shall word the motion properly: “I move that (followed by specific statement of proposed action).” 2. The Member who made the motion has the first right to speak on the motion. 3. The Member who made the motion can not speak or vote against the motion. 4. When a motion is made, the motion shall be stated by the Presiding Officer audibly enough for everyone to hear clearly. Section 88.Seconding Motions. – All motions shall be seconded unless such motion needs no second as provided in these Rules. In seconding motions, the following guidelines shall apply: 1. In seconding a motion, a Member may only be agreeing that the issue should be discussed and decided upon. 2. If there is no second, the Presiding Officer shall announce that the motion is defeated for lack of a second. Section 89.Withdrawal of Motions. – A motion shall be deemed the possession of the plenary, but may be withdrawn by the proponent, with the consent of the plenary, at any time before a decision or amendment or voting is made. Section 90.Amendments to Motions. – When a motion or proposition is under consideration, a motion to amend an amendment shall be in order. It shall also be in order to offer further amendment by substitution, but shall not be voted upon until the original motion or proposition is perfected. Any of said amendments may be withdrawn before a decision is made thereon. RULE XVII POINTS Section 91.Point of Order. – A point of order is used when a Sangguniang Bayan Member wishes to draw attention to a possible procedural error made by a Member or the Presiding Officer. This point must be raised at the time of the incident. The Presiding Officer must rule immediately on the matter. Section 92.Point of Parliamentary Procedure. – A point of parliamentary procedure is an inquiry or question of clarification to the Presiding Officer regarding these Rules. Section 93.Point of Information. – A Sangguniang Bayan Member who wishes to question another Sangguniang Bayan Member shall rise to a point of information. When the speaker yields to points of information, the Presiding Officer shall recognize in turn those Members who have questions, as time allows. Once recognized by the Presiding Officer, the Member shall ask a concise question directed to the speaker. Section 94.Point of Personal Privilege. – At any time a Sangguniang Bayan Member experiences personal discomfort which impairs his/her ability to participate in the proceedings, he/she may rise to a point of personal privilege. The Presiding Officer will attempt to relieve the cause for discomfort. RULE XVIII Page 19 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x MOTIONS Section 95.Recess. – The Presiding Officer may, motu propio or at his/her own initiative, or by motion of any Sangguniang Bayan Member, call for a recess of the session at any time. Section 96.Motion to Appeal Decision. – A Sangguniang Bayan Member may motion to appeal the ruling of the Presiding Officer on a discretionary matter. The appealing Member speaks first in favor of overturning the decision of the Presiding Officer. The Presiding Officer then speaks in defense of his/her ruling. A majority of the Sangguniang Bayan present, there being a quorum, must vote in favor of this motion to overrule the decision of the Presiding Officer. Section 97.Motion to Set Debate. - If the motion to set debate carries, debate shall be opened on a topic and no other. Section 98.Motion to Postpone Debate or Motion to Postpone Indefinitely the Consideration of a Business. – When it becomes necessary to postpone debate on the topic for a period of time, either a motion to postpone debate on the topic or a motion to postpone indefinitely the consideration of a business may be made. This is done with the intention to resume that debate at a later time. Section 99.Motion to Close Debate. – If at any time a Sangguniang Bayan Member wishes to end debate and move directly into voting procedure on that topic, he/she may make a motion to close debate, and it requires a majority vote to pass. If this motion passes, all debate on the topic ends and all resolutions and amendments on that topic are brought to a vote. Section 100.Motion to Suspend the Session. – A Sangguniang Bayan Member may move to suspend the session for a period of time. This motion needs to be seconded, can not be debated, and requires a majority vote to pass. Section 101.Question of Privilege. – Questions of privilege are those affecting the duties, conduct, rights, privileges, dignity, integrity, or reputation of the Sangguniang Bayan or of its Members, individually or collectively. Subject to the five-minute rule, every Sangguniang Bayan Member has the right to raise a question of personal or collective privilege. However, prior to availing of this right, a Member shall seek the permission of the Presiding Officer who shall, in turn, allow the Sangguniang Bayan Member to proceed upon a determination that the request is in order. Section 102.Precedence of Motions. – While a motion or ordinance or resolution is being discussed or debated upon, no other motion shall be entertained except the following and in the order in which they appear below: 1. Motion to adjourn. 2. Motion to suspend the session or to take a recess. 3. Motion to call an executive session. 4. Motion to postpone indefinitely the consideration of any business. 5. Motion to refer a principal motion to the corresponding committee. Page 20 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 6. Motion to amend. Section 103.Motions Decided without Debate. – The following motions shall be decided without debate: 1. Motion to adjourn. 2. Motion to suspend the session or to take a recess. 3. Motion to go into the committee of the whole. 4. All motions relating to the priority of business. RULE XIX REQUISITES OF MOTIONS Section 104.Rider Prohibited. – No motion or proposition on a subject matter different from that under consideration shall be allowed under the guise of amendment. Section 105.Motion to Cover Only One Subject Matter. – No motion shall cover more than one (1) subject matter. RULE XX DEBATE Section 106.Debate and Cloture of Members. – In the discussion of any measure, a motion to close the debate shall be in order after two (2) speeches in favor thereto and one (1) against, or after only one (1) speech for has been delivered and none entered against it. Section 107.Right To Open and Close Debate. — The proponent of the motion shall have the right to open and close the debate, and for this purpose may speak each time not more than five (5) minutes. RULE XXI LIMITS ON SPEECHES Section 108.Five-Minute Rule. – Each Sangguniang Bayan Member shall be afforded five (5) minutes to speak for or against a motion, a matter under discussion, or a proposed resolution or ordinance under consideration. The period of interpellation or questioning, however, shall not be counted against the time the Member is speaking. Section 109.Calling a Member to Desist from Speaking Further. – When several Sangguniang Bayan Members have signified their intent to speak on the matter under consideration, or when said matter has been sufficiently and thoroughly discussed by a Member, a point of order by any Member that the Member who has the floor shall desist from speaking further so that other Members may not be deprived of their opportunity to speak shall be entertained. RULE XXII SUSPENSION OF THE RULES Page 21 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 110.Suspension of the Rules; Purpose. – Suspension of the rules is made to suspend the provisions of the Internal Rules of Procedure relating to: 1. The Order of Business in order to consider and immediately pass a particular matter, resolution or ordinance not reflected therein, certified urgent or that is out of order; 2. Business procedure that interferes with a certain matter; and 3. Admission to the session of guest/s and resource person/s. Section 111.Who May Move. – Only the Chairperson or, in his/her absence, the Vice Chairperson of the Committee on Rules and Privileges, or in the absence of both, by any member of said Committee, may move for the suspension of these Rules. Section 112.Approval Needed. – No Rule shall be suspended except by a vote of two-thirds (2/3) of the Sangguniang Bayan Members present, there being a quorum. Section 113.Precedence of Other Motions. – When a motion to suspend the Rules is pending, a motion to adjourn may be entertained. If it is lost, no similar motion shall be entertained until the vote is taken on the motion to suspend. RULE XXIII VOTING Section 114.Matters Subject to Vote. – All motions and propositions shall be put into vote, unless otherwise stated in these Rules. After the close of debate on a matter, voting shall be in order. Section 115.Manner of Voting. – By initiative of the Presiding Officer, or by motion of a Sangguniang Bayan Member, voting shall be: 1. By general consent - when a motion is not likely to be opposed, Members shall show agreement by remaining silent. If someone disagrees they should voice their objection, and then the matter must be addressed through other manner of voting. 2. By show of hands - the Presiding Officer shall request the Members who shall vote in the affirmative to raise their hands and, after the Secretary takes note of their number and mentions their names, the Presiding Officer shall request those who shall vote in the negative to do the same. Immediately thereafter, the Secretary shall inform the Presiding Officer about the result of the voting, and the latter forthwith shall in turn announce it to the plenary. 3. By nominal voting - the Secretary shall call the names of the Sangguniang Bayan Members present and each Member shall answer "yes" or "no" upon being called. A Member may explain his/her vote in not more than three (3) minutes during nominal voting. Immediately thereafter, the Secretary shall inform the Presiding Officer about the result of the voting, and the latter forthwith shall in turn announce it to the plenary. Page 22 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 4. By secret ballot - a ballot vote shall be taken when secrecy is desired. Members shall write their vote on a piece of paper and turn it to the Secretary for counting. If the member wishes to abstain, he/she shall write the word “Abstain” on the paper. Immediately thereafter, the Secretary shall count the votes in the presence of all Members, and shall inform the Presiding Officer about the result of the voting, and the latter forthwith shall in turn announce it to the plenary. Section 116.No Interruption During Voting. – Voting shall not be interrupted by any other business or question except on a question of quorum. Section 117.When Vote is Not to be Counted. – The vote of a Sangguniang Bayan Member absent from the session or who left the session at the moment he/she is called to vote shall not be counted. Section 118.When Voting is Not Permitted. – No Sangguniang Bayan Member shall be permitted to vote on any measure after the Presiding Officer has announced the result of the voting. Proxy voting shall be prohibited. RULE XXIV STANDING COMMITTEES Section 119.Standing Committees; Mandatory. – The Sangguniang Bayan shall have standing committees. Standing committees shall have jurisdiction over measures relating to needs, concerns, issues and interests affecting the general welfare and which require continuing or comprehensive legislative study, attention and action. Section 120.General Purposes of Standing Committees. – Standing committees shall serve the following general purposes: 1. Ordinance or resolution sponsorship; 2. Undertaking discussions and debate, meetings and committee hearings on proposed measures; 3. Legislative review and referrals; and 4. Legislative work pertinent to a particular field or issue. Section 121.Actions of Standing Committees Not Limited to Referrals. – The actions of the standing committee shall not be limited to the matters referred to it alone. At its own instance and initiative, standing committees may: 1. Draft and propose ordinances or resolutions; 2. Pursue dialogues and consultations with affected sectors and constituencies; 3. Conduct researches and engage the services and assistance of experts and professionals from the public or private sectors as may be needed in the performance of its functions; 4. Conduct hearings and inquiries on issues and concerns within their respective jurisdictions; 5. Perform oversight responsibilities to monitor agencies, programs, and activities within their jurisdictions; and Page 23 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 6. Such other actions as it may deem necessary to expedite its business or in the performance of its duties. Section 122.Organization of Standing Committees. – Each standing committee shall be composed of one (1) chairperson, one (1) vice chairperson and three (3) members. Chairpersons shall be elected by the Sangguniang Bayan in the plenary, and the chairperson shall choose the vice chairperson and members of the standing committee. Section 123.Limitation on Membership in Standing Committees. – No Sangguniang Bayan Member shall be chairperson of more than three (3) standing committee and vice chairperson of more than five (5) standing committees. Section 124.Duties of the Committee Chairperson. – The duties of the committee chairperson include: 1. Presiding over meetings of the committee; 2. Maintaining order and deciding all questions of order; 3. Supervising and directing the clerk of the committee in the preparation of minutes and reports; 4. Providing committee members necessary information to assist in the legislative decision; 5. Scheduling committee meetings and hearings; and 6. Appointing and, at his/her discretion, reorganizing or reconstituting the membership of the committee, as he/she may deem necessary, by informing the plenary in writing. Section 125.Duties of the Chairperson of the Committee on Rules and Privileges. – Aside from the duties of a regular chairperson of a committee, the Chairperson of the Committee on Rules and Privileges shall: 1. Respond to questions of the Presiding Officer or any Sangguniang Bayan Member regarding the Internal Rules of Procedure and parliamentary procedures and to every points of order as requested; 2. Review the Order of Business prior to distribution; 3. Call the attention of the Presiding Officer to rectify erroneous referrals; 4. Move for the suspension of the Rules; and 5. Perform such other duties incidental to his/her position as may be necessary from time to time. Section 126.Records of the Committee. – The Secretary shall designate a clerk for each committee. Each committee shall keep a record of committee attendance, minutes of the proceedings and the names of all persons who speak before the committee, with the names of the persons, firms, associations, or corporations in whose behalf they appear. A record of every vote shall be kept by the committee clerk and the Office of the Secretary. Section 127.Kinds of Standing Committees. –The Sangguniang Bayan of Bustos shall elect the Chairman, Vice Chairman and Three Members of the following standing committees, the jurisdiction of which shall be as hereunder provided; Page 24 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x a. Committee on Rules and Privileges – All matters directly and principally relating to the Rules and Procedure of the Sanggunian, order of business, creation and reorganization of committees, the disorderly behavior and privileges of Sanggunian Members as well as all matters relating to the legal aspects of action taken by, or submitted to the Sanggunian. b. Committee on Finance, Budget and Appropriation – All matters directly and principally related to the study and approval of budget, appropriation of funds for payment of obligations, determination of compensation of local personnel, local taxes, fees and charges, ordinances, monetary and fiscal matters. The Chairman of this committee shall represent the Sanggunian in the Municipal Development Council in accordance with Section 107 of the Local Government Code. c. Committee on Public Works and Infrastructure – All matters directly and principally relating to public works, project, maintenance and repair of public buildings, roads and bridges, park and playground, shrines, monuments and other public edifice, donation, leasing and expropriation of private properties for public use. The Chairman of this committee shall represent the Sanggunian in the Municipal Development Council. d. Committee on Health, Sanitation and Public Welfare – All matters directly and principally relating to health cleanliness, sanitation, pollution, and public welfare and all proposals for construction, administration of public hospitals, health centers and other health facilities. The Chairman of this Committee shall represent the Sanggunian in the Municipal Health Board. e. Committee on Police, Fire and Public Safety, Investigation, Peace and order. – All matters directly and principally relating to police and protective services, fire and disaster prevention and control, implementation and enforcement of national laws, issuances and local ordinances on public safety, peace and order and public officials involved in maintaining peace and order. The Chairman of this Committee shall represent the Sanggunian in the Peace and Order Council. f. Committee on Youth and Sports Development, Games and Amusement. – All matters directly and principally relating to the development of the Youth through physical, intellectual, civic and social program and exercises, the organization of youth council (Sangguniang Kabataan) and the development of sports and sportsmanship act in the community, operation and establishment of amusement places, measures that affects the regulation of games and amusement but not limited to the promotion or holding of cockfights, boxing, basketball tournaments and other kinds of games and amusement. g. Committee on Education. – Task to coordinate with the Department of Education (DepEd) , Parents, Teachers and Community Associations (PTCA) and school authorities in the Municipality; to assist the Municipal Government in shaping program and policies that will contribute to the upgrading of the education and solving of problems of schools; exercise supervision on libraries, museum, non-formal and community adult-education and scientific and technological researches. The Chairman of this Committee shall represent the Sangguniang Bayan in the Municipal School Board. Page 25 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x h. Committee on Barangay Affairs. – All matters directly and principally relating to the development of barangays, creation of new barangays, review of barangay enactments and generally all barangay affairs. i. Committee on Environmental Protection.- All matters directly and principally relating to the environmental and ecological problems, initiatives to find possible solutions through legislation, to preserve natural eco-system in the Municipality and to protect the environment against illegal acts which result in pollution, destruction of natural resources and acceleration of ecological imbalance. j. Committee on Agriculture, Food Production and Cooperatives. – All matters directly and principally relating to agriculture, food production organization, agri-business such as raising livestock, agricultural and economic research, soil survey, irrigation and conservation of agricultural education and extension service, livestock quarantine, and farm credit schemes. All matters related to the promotion, establishment and operation of cooperatives and cooperativism among farmers, fishermen and similar entrepreneurial groups for the benefits of their members. k. Committee on Industry and Investment. – All matters directly and principally relating to imposition of taxes on machineries of business and industries encourage businessmen/ corporation to invest the municipality. l. Committee on Transportation and Communication. - All matters directly and principally relating to the regulation and utilization of transportation means in the municipality and telecommunication technologies. Handles all proposed measure/matters regarding transportation, communication industry, public utilities and franchising of telecomunication facilities, transportation and performs other function that may be assigned to it: m. Committee on Tourism, Arts and Culture. – Tasked to coordinate activities on the promotion of tourism and arts, as well the enhancement of our cultural heritage. n. Committee on Land Use, Housing and Agrarian Reform. – Tasked to review land use plan and zoning ordinances of the Municipality, measures that will set reasonable limits and restraints on the use of property within the jurisdiction of the municipality leading to adoption of a comprehensive municipal land use program, subject to existing laws. Also, this committee shall work toward the adoption of measures that will enhance the full implementation of the National Agrarian Reform Program. o. Committee on Human Rights. - Responsible for monitoring and investigating of human rights violation being brought to the attention of the Sanggunian in coordination with human rights groups, with the aim of helping to secure justice for the probable victims and also to assist in the effort of promoting better relations between the military and police authorities and the concerned civilian groups for the use of political normalcy and stability. p. Committee on Good Governance and Justices– All matters directly and principally relating to the organization and management of personnel administration, position classification and pay plan staffing patterns; policy Page 26 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x formulation for the economic, efficient and effective local government administration: conduct and ethical standard for the local officials and employees; and all other matters related to good governance. q. Committee on Women, Children and Family. – All matters directly and principally relating to the women’s sector as well as the family with the end view of helping by legislation the municipal government in shaping meaningful policies for the betterment of the welfare of women and strengthening of family ties, in recognition of the family’s role as the foundation of society. r. Committee on Social Welfare and Social Services – All matters directly and principally relating to the public social services for the disadvantaged groups in the society including the elderly, disabled, street children, drug dependent, criminal offenders and squatters, calamity and disasters and accreditation of non-governmental organization and peoples organizations. s. Committee on Ways and Means – All matters directly and principally relating to taxes, fees and charges, loans, study and revision of tax measure, generation of other sources and forms of revenue from both public and private sectors and codification of revenue ordinances. t. Committee on Labor and Employment – All matters directly and principally relating to labor and industrial concerns, employee and laborer grievances in coordination with the Department of Labor and Employment and supervised the Public Employment Service Office function (PESO). u. Committee on Awards and Commendation. – All matters directly and principally relating to the giving of awards, commendation and recognition to deserving people, establishments, organization, Municipal and Barangay Officials and employees. Making inquiries to satisfy the Committee on the appropriateness of the nomination and doing the research necessary to validate the nominations; Reviewing criteria for the awards; Overseeing the review process and dealing with any disputes for each award. RULE XXV COMMITTEE MEETINGS AND HEARINGS Section 128.Committee Meetings; Called By. – Each committee shall meet upon the call of its chairperson, and in case of the chairperson’s absence, or refusal to call the committee together, a meeting may be called by three (3) members of the committee. Special meetings may be called by the chairperson: Provided, That members of the committee are notified in writing, in such case the notice shall specify the agenda, place and time of the meeting. Section 129.Schedule and Venue of Committee Meetings. – Every committee shall determine the frequency of its meetings at such time it may determine in the Sangguniang Bayan Building or, whenever necessary, in any government office or facility. They may, however, be held in any other place when authorized by the chairperson or when so authorized by the Sangguniang Bayan. If it so desires, a committee may choose to hold its meetings or hearings on a weekend. The committees, as far as practicable, shall schedule discussions on ordinances, resolutions or topics on similar or related subject matter for the same meeting. Page 27 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 130. Minimum Number of Committee Meetings. – Each committee shall hold at least one (1) meeting per month regardless if a matter has been referred to it or not. Section 131.Committee Rules of Procedure. – Each committee may establish its own rules of procedure to guide its deliberation. Section 132.Chairperson if Author of Proposed Measure to Relinquish the Chair. – A chairperson who is an author of a proposed ordinance or resolution under discussion of the committee shall relinquish the chair and appoint a member of the committee to take over for the time being. Section 133.Committee Hearing; Where Held. – Committee hearings shall be held in public places subject to reasonable regulations in the interest of security, order, and the safety of persons in attendance. Section 134.Legislative Hearings. – Legislative hearing is a form of committee hearing which seek to address proposed ordinances and resolutions before the committee, and it may address many measures on a given subject. Legislative hearings shall be mandatory for proposed ordinances with penal provisions, reclassification of lands, and measures imposing tax, fees and charges or increase of the same. Section 135.Oversight Hearings. – Oversight hearing is a form of committee hearing which focus on the implementation of resolutions or ordinances by the Executive Branch of the Municipal Government, and the administration of programs and projects created by law or ordinance. Section 136.Investigative Hearings. – Investigative hearing is a form of committee hearing to address allegations of misconduct by public officials or private citizens, or determine the facts of a major disaster or crisis. Witnesses may be summoned to whom an oath shall be administered by the chairperson of the committee. Section 137.Chairperson to Explain Rules of Hearings. – The chairperson of the committee shall state the ground rules for the hearing and the manner in which it will proceed prior to the commencement of such hearing. Section 138.Notice of Hearing. – Notice of hearing shall be posted in at least one (1) conspicuous place in every barangay of the Municipality for a minimum of three (3) calendar days prior to the conduct of such hearing. Committees, moreover, shall undertake necessary measures and establish systems to ensure that constituencies, sectors or groups whose welfare and interests are directly affected by measures to be discussed shall be able to participate in these hearings. Section 139.Quorum in Committee Meetings and Hearings. – A majority of all members of a committee shall constitute a quorum to do business; but a smaller number may meet to hear testimony and receive evidence and to adjourn from time to time. The committee may authorize a fewer number of Page 28 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x members to conduct committee hearings on matters and proposed measures pending before it or to gather facts in aid of legislation. Section 140.Attendance in Committee Meetings and Hearings. – Every Sangguniang Bayan Member shall be present in all meetings and hearings of the committee in which he/she is a member unless prevented from doing so by sickness and other unavoidable circumstances duly reported to the concerned committee through the committee chairperson. A member who incurs three (3) consecutive inexcusable absences in the meetings and hearings of the committee where he/she is a member shall forfeit his/her membership in that committee. RULE XXVI SPECIAL COMMITTEES Section 141.Functions. – Special committees may be organized by the Sangguniang Bayan to address measures relating to special or urgent needs, concerns, issues and interests of certain sectors or constituencies requiring immediate legislative action, or to such needs, concerns, issues and interests that may fall within the scope of the jurisdiction of a standing committee, but which the standing committee concerned is unable to act upon with needed dispatch. Section 142.Manner of Constituting Special Committees. – The chairperson, vice chairperson and member or members of a special committee shall be chosen in the same manner as that of a standing committee: Provided, That a special committee shall be composed of at least three (3) members, including the chairperson and vice chairperson. Section 143.Procedures. – Special committees shall operate in the same manner as a standing committee. RULE XXVII COMMITTEE OF THE WHOLE Section 144. How Formed. – The Sangguniang Bayan may constitute itself into a Committee of the Whole on motion by the Chairperson of the Committee on Rules and Privileges to act upon a proposed measure or subject matter. If a motion to constitute the Sangguniang Bayan into a Committee of the Whole is lost, a similar motion shall not be presented within the same session day. Section 145. Function. – When the Sangguniang Bayan constitutes itself into a Committee of the Whole, it functions as one (1) committee acting upon a proposed measure or subject matter, and conducting its proceedings like a regular committee, with its membership composed of all the Members of the Sangguniang Bayan. Section 146. Proceedings. – The Presiding Officer shall appoint a Chairperson to preside over the Committee and shall thereafter relinquish the chair. The Committee can conduct business only when there is a quorum. If there is no quorum, the Chairperson shall report the same and move that the Page 29 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Committee immediately rise and suspend its proceedings. The Presiding Officer may take part in the proceedings. Section 147. Resource Gathering. – Documents and papers may be called for by any Member and read by the Secretary for the information of the Committee unless the Committee orders otherwise. Resource persons and/or technical assistants may be invited to attend the proceedings and, upon permission of the Chairperson, may directly answer questions and inquiries propounded by Members. Section 148. Duties and Powers of the Chairperson. – The Chairperson shall have the power to clear the session hall and the galleries in case of any disturbance. The Committee, however, cannot punish disorderly conduct of its Members but must report the same to the plenary for appropriate action. Section 149. Suspension of Proceedings. – The Committee may, on motion, suspend consideration of any matter to reconvene at any time to resume its proceedings. The motion shall take precedence over all motions and shall be immediately decided without debate. If the Committee, for want of time, fails to complete any matter under consideration, it may, on motion and at any time, recess and reconvene. A motion that the Committee suspends its proceedings, report progress and reconvenes, may be made at any time, and shall take precedence over all other motions. The motion shall be decided without debate. Section 150.Reporting to the Plenary. – When the Committee has disposed of proposed ordinances or resolutions and other measures before it, on motion, it shall rise and the Chairperson shall be instructed to report the action of the Committee to the Sangguniang Bayan. At this point, the Presiding Officer shall reassume the chair, and the Chairperson shall, thereafter, make a report to the plenary. Matters reported shall then be considered before the plenary for action as though reported by any other committee. RULE XXVIII LEGISLATIVE MEASURES Section 151.Legislative Measures. – Legislative measures of the Sangguniang Bayan shall be expressed in resolutions and ordinances. Section 152.Resolution Defined. – A resolution shall refer to a legislative act, generally with a temporary effect. Section 153.Coverage of Resolutions. – The Sangguniang Bayan shall adopt as resolutions such measures: 1. Expressing the collective opinion of the plenary; 2. Establishing the rules of the Sangguniang Bayan; 3. Concurring with or confirming appointments, creation of positions and local bodies, plans, programs or other similar executive acts of the Municipal Mayor; 4. Authorizing the Municipal Mayor to undertake actions and enter into contracts and agreements for and in behalf of the Local Government; Page 30 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 5. Requesting services, assistance and aid from or calling the attention of government agencies, offices, private entities; 6. Granting franchises, licenses and permits; 7. Declaring state of calamity; 8. Declaring the legality of an ordinance of a Sangguniang Barangay after review as mandated by law; 9. Approving subdivision plans for residential, commercial, or industrial and other development purposes; 10. Granting exclusive privileges as provided for by law; 11. Granting tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries; 12. Granting loans or providing grants to other local government units or to national, provincial and municipal charitable, benevolent or educational institutions; 13. Accrediting non-government or community-based organizations; 14. Overriding an executive veto; and 15. Adopting measures and actions which require the authorization, approval, concurrence, confirmation or adjudication of the Sangguniang Bayan. Section 154.Ordinance Defined. – An ordinance is a statute enacted with the force of law, with general application and has permanent effect unless repealed, superseded or modified by another ordinance. Section 155.Coverage of Ordinances. – Ordinances shall comprise all legislative acts: 1. Adopting all forms of budget and approving all types of appropriation; 2. Adopting the local development plan and public investment program, and approving public works projects; 3. Determining the positions and salaries, wages, allowances and other emoluments, additional allowances and benefits of officials and employees paid wholly or mainly from local government funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the Municipal Government; 4. Directing the payment of money or creating liability and authorizing the floating of bonds or other instruments of indebtedness; 5. Determining the powers and duties of officials and employees of the Local Government; 6. Establishing rules, policies, regulation, systems and procedures for the administration and management of the Municipal Government; 7. Regulating the numbering of residential, commercial and other buildings, prescribing reasonable limits and restraints on the use of property, adopting a comprehensive land use plan, reclassifying land or enacting zones within the jurisdiction of the Municipality; 8. Regulating the inspection, weighing and measuring of articles of commerce; 9. Regulating any business, occupation, or practice of profession; 10. Enacting tax or revenue measures and imposing levies and fees; 11. Regulating or penalizing acts; and 12. Promulgating statutes and enacting rules and regulation affecting the public. Section 156.Kinds of Ordinance. – Ordinances shall be classified into: Page 31 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x 1. Pampamahalaang Kautusan or Governmental Ordinance which is further sub- categorized as ― a. Corporate ordinance – refers to all ordinances related to the corporate powers of the Municipal Government. For this purpose, corporate powers shall be identified through its coverage: 1. The continuous succession in its corporate name; 2.The power to sue and the ability to be sued; 3.The right to have and use a corporate seal; 4.The power to acquire and convey real or personal property; 5.The right to enter into contracts; and 6.The ability to exercise such other powers as granted to corporations. b. Administrative ordinance – refers to all ordinances prescribing budgets and appropriations, and establishing procedures, systems, policies, processes, rules and regulations for the operations and management of Municipal Government. Such ordinances are applicable mainly to the Municipal Government and do not directly affect the public. 2. Pambayang Kautusan or Municipal Ordinance which is further sub-categorized as ― a. Regulatory ordinance – refers to all ordinances prescribing regulations on acts and its corresponding penalties. b. Developmental ordinance – refers to all ordinances adopting development plans and projects, creating revenues and formulating means to enhance the quality of life of the constituency and the economic health of the Municipality. Section 157.Numbering of Resolutions. – Resolutions shall be chronologically numbered separately from ordinances, in which the year of adoption shall precede the assigned number thereof, for example: Kapasiyahan Blg. 2008-01, followed by Kapasiyahan Blg. 2008-02, followed by Kapasiyahan Blg. 2008-03 and so forth. The assigned number shall be restarted every year, for example: the last resolution of the year 2008 is numbered Kapasiyahan Blg. 2008-123, hence, the first two (2) resolutions of the year 2009 shall be numbered Kapasiyahan Blg. 2009-01 and Kapasiyahan Blg. 2009-02. Section 158.Numbering of Ordinances. – Ordinances shall be numbered chronologically and continuously regardless of the year these were enacted, for example: Pambayang Kautusan Blg. 01, followed by Pampamahalaang Kautusang Blg. 02, followed by Pambayang Kautusang Blg. 03 and so forth. Section 159.Official Logbook. – The Office of the Secretary shall keep and preserve a logbook in which shall be recorded in chronological order, all final official ordinances and resolutions, the author of the legislative measure and the date it was enacted. The logbook shall be in the custody of the Office of the Secretary and shall be open to the public for inspection. Page 32 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Page 33 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x RULE XXIX REQUIREMENT FOR PASSAGE OF LEGISLATIVE MEASURES Section 160.Three Readings for Passage of an Ordinance. – Prior to their final approval, ordinances shall be read at least three (3) times on separate days. Section 161.First Reading. – The first reading of proposed ordinances shall be when the titles thereof are read for transmittal to the corresponding committee. Section 162.Second Reading. – The second reading of proposed ordinances shall be when they are sponsored and submitted for debate, consideration of, and amendment by, the plenary. Section 163.Third Reading. – The third reading of proposed ordinances shall be when after having been approved on second reading, they are submitted with or without amendments for the final approval of the plenary. Section 164.Resolutions Not Requiring Three Readings. – Simple resolutions such as those expressing the collective opinion of the plenary and requesting services, assistance and aid from or calling the attention of government agencies, offices, private entities need not be adopted after three (3) readings. Resolutions and non-penal or non-tax ordinances certified urgent by the Municipal Mayor shall be taken by the Sangguniang Bayan into consideration without need of three (3) readings: Provided, That the immediate enactment of such resolution or ordinance is necessary to meet a public calamity or emergency. Section 165.Affirmative Vote Necessary to Pass Legislative Measures. – For an ordinance to be passed or resolution to be adopted, the affirmative vote of the majority of the Sangguniang Bayan Members present, there being a quorum, is required, unless otherwise mandated by law or by these Rules. Section 166.Resolution Not Required to Enact Ordinance. – As two (2) separate and distinct legislative acts, an ordinance shall not need an enacting resolution of the sanggunian where it originated. For this purpose, prior to review as mandated by law, the Sangguniang Bayan shall return to the Sangguniang Barangay where it originated a barangay ordinance with an enacting resolution for appropriate modification and compliance with this provision. RULE XXX APPROVAL OF LEGISLATIVE MEASURES BY THE MUNICIPAL MAYOR Section 167.Resolutions Requiring the Approval of the Municipal Mayor. – Resolutions under items number 6, 7, 8, 9, 10, 11, 12 and 13 as specified in Section 153 and all other resolutions which by law or ordinance so requires shall require the approval of the Municipal Mayor. Section 168.Ordinances which Require Approval of the Municipal Mayor. – All ordinances shall require the approval of the Municipal Mayor except those concerning the budget of the Sangguniang Bayan in which the realignment or Page 34 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x expenditure thereof shall not affect the budgets of other offices or agencies of the Executive Branch of the Municipal Government subject, however, to budgeting rules and regulations as prescribed by law. Section 169.Resolutions and Ordinances; How Approved. – When approving an ordinance or resolution, the Municipal Mayor shall affix his/her signature on each page of the ordinance or resolution and the word “Approved” shall appear above his/her signature on the last page. The Secretary shall cause the Official Seal of the Sangguniang Bayan to be stamped on each approved ordinance or resolution. Section 170.When an Ordinance or Resolution is Deemed Approved. – Within ten (10) days upon receipt of an ordinance passed or a resolution adopted by the Sangguniang Bayan, the Municipal Mayor shall return to the Sangguniang Bayan the ordinance or resolution with his/her approval or his/her veto. If not returned within that time, the ordinance or resolution shall be deemed approved. The Secretary shall certify the same to that effect. RULE XXXI VETO Section 171.Veto and Reconsideration. – The Municipal Mayor may veto any ordinance or resolution on the ground that it would be prejudicial to public welfare particularly stating his/her reasons therefor in writing. He/she shall return the vetoed ordinance or resolution with his/her objections to the Sangguniang Bayan, which may proceed to reconsider the same. Section 172.Veto of Items in Budgetary Ordinances. – The Municipal Mayor shall have the power to veto any particular items of any appropriation ordinance or of an ordinance or resolution directing the payment of money or creating liability. In such case, the veto shall not affect the item/s which is/are not objected to. The vetoed items shall not have effect unless the Sangguniang Bayan overrides the veto in the manners hereunder provided; otherwise, the item/s in the appropriation ordinance of the previous year corresponding to those vetoed shall be deemed reenacted. Section 173.Overriding a Veto. – The Sanggunian may override the veto of the Municipal Mayor by two-thirds (2/3) vote of all its Members present, including the Presiding Officer, there being a quorum, thereby making the ordinance or resolution effective for all legal intents and purposes. Section 174.Frequency of Veto. – The Municipal Mayor may veto an ordinance or resolution only once. RULE XXXII POSTING AND PUBLICATION Section 175.Posting of Municipal Ordinances. – Copies of municipal ordinances shall be posted in the conspicuous area of every barangay in the Municipality. Governmental ordinances may likewise be posted upon direction of the Municipal Mayor or the Presiding Officer. Section 176.Publication of Municipal Ordinances. – Municipal ordinances shall be published in a newspaper of local circulation. A portion of which may be omitted, however, or abridged in its entirety if its publication would be Page 35 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x unduly cumbersome, expensive or otherwise inexpedient, but copies of that provision shall be made available on application to the Sangguniang Bayan. In lieu, the abridged publication shall contain a notice stating the general subject matter of the omitted provision and the office from where copies thereof may be obtained. Section 177.When Abridging is Not Applicable. – Every provision of an ordinance establishing an offense or defining an act which is punishable as a crime or subject to a penalty shall in all cases where practicable be published in full text. RULE XXXIII DECORUM Section 178.General Rule of Decorum. – Each Sangguniang Bayan Member shall maintain order and refrain from conversation, and not engage in any other business than that before the meeting. He/she should not walk between the Member who has the floor and the Presiding Officer. The Sangguniang Bayan Member who has the floor shall confine himself/herself to the question under debate, direct all statements to the Presiding Officer and avoid personalities in all cases, and refrain from indecorous words or acts. Section 179.Interruption of a Sangguniang Bayan Member. – No Sangguniang Bayan Member shall interrupt another without the latter’s consent, which may not be obtained except through the Presiding Officer. Section 180.Wearing Identification Cards. – All Sangguniang Bayan Members, the Presiding Officer, the Secretary and all employees of the Sangguniang Bayan shall wear the prescribed identification cards during session and during office hours. Violation hereof shall be meted with a fine of fifty pesos (PhP 50.00). Section 181.Proper Attire. – The Sangguniang Bayan shall prescribe a standard clothing attire to be worn by the Members thereof when attending sessions. A fine of fifty pesos (PhP 50.00) shall be charged against a Sangguniang Bayan Member or the Presiding Officer who fails to wear such attire during a session. Section 182.Pandemonium During Sessions. – No applause, outburst or other demonstration by any spectator shall be permitted inside the session hall during a session of the Sangguniang Bayan and during any meeting of a committee. RULE XXXIV UNPARLIAMENTARY ACTS AND LANGUAGE Section 183.How Determined. – Acts and language which offend a Sangguniang Bayan Member or any public institution shall be deemed unparliamentary. Section 184.Use of Improper Language. – No Sangguniang Bayan Member, under any circumstances, shall use offensive or improper language against another Sangguniang Bayan Member or against any public institution. Page 36 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 185.Calling the Member to Order. – When a Sangguniang Bayan Member, by word or deed, violates any of these Rules, the Presiding Officer, motu propio or at the instance of another Sangguniang Bayan Member, may call him/her to order. The Sangguniang Bayan Member concerned shall immediately refrain from speaking if he/she happens to have the floor; and, in case the point of order raised has been sustained by the Presiding Officer, said Sangguniang Bayan Member shall not continue speaking without the consent of the Sangguniang Bayan. The motion permitting the Sangguniang Bayan Member concerned to continue speaking shall be resolved without debate. Section 186.Reading of Objectionable Words Uttered. – When a Sangguniang Bayan Member is called to order for using unparliamentary language, any other Sangguniang Bayan Member may ask that the objectionable words be read for the information and decision of the Sangguniang Bayan. Section 187.Abstention of Member with Pecuniary Interest. – A member of a committee shall not participate in committee deliberations or vote on any matter that directly or indirectly affects his/her business, financial or pecuniary interest. RULE XXXV PRIVILEGES AND OTHER PROHIBITIONS Section 188.Use of the Session Hall. – The use of the session hall shall not be granted at any time, by resolution or otherwise, for any purpose other than legislative purposes, except by written consent of the Presiding Officer. For this purpose, a letter requesting to use the session hall shall be sent to the Presiding Officer at least seven (7) calendar days prior to the actual date of use. Section 189.Use of Members’ Lounge. – No person shall be admitted within the Members’ Lounge except Sangguniang Bayan Members, the Presiding Officer, and the officers and employees of the Sangguniang Bayan. Section 190.Use of Cellular Phones and Other Electronic Communication Devices. – The use of a cellular telephone, audible pager, or any other audible wireless electronic telecommunication device is prohibited during sessions of the Sangguniang Bayan and during any meeting of a committee. Violation hereof shall be meted with a fine of fifty pesos (PhP 50.00). Section 191.Use of the Official Seal of the Sangguniang Bayan. – Use of the Official Seal of the Sangguniang Bayan shall be limited to Members of the Sangguniang Bayan, employees of the Sangguniang Bayan in the performance of their duties, the Secretary and the Presiding Officer. No other person shall use or be permitted to use any reproduction or facsimile of the Official Seal or a counterfeit or non-official version of the Official Seal for any purpose not authorized by the Secretary. Page 37 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 192.Smoking Inside Session Hall Prohibited. – Smoking shall not be permitted within the session hall. Any Sangguniang Bayan Member may be allowed to ask permission to leave the session hall if he/she wishes to smoke. Section 193.Absenteeism and Unpunctuality. – (a) When a Sangguniang Bayan Member arrives in the session after ten o’clock in the morning, he/she shall be considered late and charged with a fine of fifty pesos (PhP 50.00). In addition thereto, a fine of fifty pesos (PhP 50.00) shall be charged against a Sangguniang Bayan Member who arrives fifteen (15) minutes after the opening of the session. (b) If at 10:30 in the morning it is apparent that there is an absence of quorum, thePresiding Officer shall declare a postponement of the session for lack of quorum;therefore, all Sangguniang Bayan Members not in attendance shall be consideredabsent. Section 194.Leaving the Session. – In the event that a Sangguniang Bayan Member wishes to leave the session, he/she shall seek the permission of the Presiding Officer. In such case, the Sangguniang Bayan Member shall be charged with a fine of one hundred pesos (PhP 100.00), except if such leave is caused by justifiable reasons. RULE XXXVI PUNISHMENT Section 195.Suspension and Expulsion of a Member. – Upon the recommendation of the Committee on Rules and Privileges, the Sangguniang Bayan may punish any Member for violation of these Rules, disorderly behavior, unparliamentary acts and language, or absences without justifiable cause for four (4) consecutive sessions, and, with the concurrence of two-thirds (2/3) of the Sangguniang Bayan Members present, including the Presiding Officer and there being a quorum ― the respondent Sangguniang Bayan Member shall not be counted, however, in the determination of votes ― suspend or expel a Member. A penalty of suspension shall not exceed sixty (60) calendar days. RULE XXXVII FINAL PROVISIONS Section 196.Amendments. – Any provision of these Rules, except those that are also embodied in the Local Government Code of 1991, may be amended by a majority vote of all Members of the Sangguniang Bayan present, there being a quorum. Section 197.Supplementary Rules. - If there is no Rule applicable to a specific case, Orendain’s Rules of Procedure, Robert’s Rules of Order, Handbook on Local legislation by Reverendo M. Dihans and the precedents of the Sangguniang Panlalawigan of the Province of Bulacan shall be resorted to. Section 198.Applicability Clause. – All other related matters not specifically provided in these Rules shall be governed by the pertinent provisions of existing applicable laws or ordinances. Page 38 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Section 199.Effectivity. – These Rules shall take effect on the date of their adoption and shall remain in force until they are amended or repealed. ─── ■ ─── This Resolution was adopted by the Sangguniang Bayan this 12th day of July inthe year Two Thousand and Ten. LUIS S. DE GUZMAN SecretaryADOPTED: APRILLE KEITH M. LAZARO ROMULO DF. LAZARO Sangguniang Bayan Member Sangguniang Bayan Member and Majority Floor Leader ANTONIO L. PUNONGBAYAN WILFREDO C. CRUZ Sangguniang Bayan Member Sangguniang Bayan Member and Minority Floor Leader AILEEN S. PRINCIPIO FELICISIMO DR. RAMOS Sangguniang Bayan Member Sangguniang Bayan Member ORLANDO L. DE GUZMAN RODRIGO M. SANTOS Sangguniang Bayan Member Sangguniang Bayan Member NEIL E. GARCIA ROMNICK O. RAMOS Sangguniang Bayan Member and Sangguniang Bayan Member and President of the Liga ng mga Barangay President of the Sangguniang Kabataan Federation ATTESTED: LEONIDA L. RIVERA Municipal Vice-Mayor and Presiding Officer of the Sangguniang Bayan Page 39 of 40
    • INTERNAL RULES AND PROCEDURE 2010 - 2013Resolution No. 2010 – 19July 12, 2010x-------------------------x Page 40 of 40