2016 - R - 79 A RESOLUTION ADOPTING THE REVISED INTERNAL RULES OF PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF OLONGAPO
EXCERPTS FROM THE MINUTES OF THE REGULAR
SESSION OF THE SANGGUNIANG PANLUNGSOD
OF OLONGAPO, HELD ON
JULY 20, 2016 AT THE CITY HALL.
PRESENT:
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - -
-City Vice-Mayor & Presiding Officer
Hon. Sarah Lugerna Lipumano-Garcia - - - - -City
Councilor
Hon. Benjamin G. Cajudo II - - - - - - - - - - -
-City Councilor
Hon.
Noel Y. Atienza- - - - - - - - - - - - - - - - -City Councilor
Hon. Eduardo G. Guerrero - - - - - - - - - - - - -City Councilor
Hon.
Alreuela M. Bundang-Ortiz - - - - - - - - -City Councilor
Hon.
Edna A. Elane - - - - - - - - - - - - - - - - -City Councilor
Hon.
Emerito Linus D. Bacay - - - - - - - - -
- -City Councilor
Hon.
Eduardo J. Piano- - - - - - - - - - - - - - - - -City Councilor
Hon. Basilio D. Palo - - - - - - - - - - - - - - -
- - -City Councilor
Hon. Jerome Michael S. Bacay - - - - - - - - - -
-City Councilor
Hon. Randy C. Sionzon - - - - - - - - - - - - - - -President, Liga
ng mga Barangay
Hon.
Egmidio M. Gonzales, Jr. - - - - - - - -
- -Indigenous Peoples Mandatory Representative
ABSENT:
None.
RESOLUTION NO. 79
(Series of 2016)
A RESOLUTION
ADOPTING THE REVISED INTERNAL RULES OF
PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF
OLONGAPO
In the interest of public service and on motion of City
Councilor Noel Yabut Atienza, with the unanimous accord of the Members of the
Sangguniang Panlungsod present;
RESOLVED,
AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session
assembled, to adopt, as it hereby adopts the following Revised Internal Rules
of Procedure for the Sangguniang Panlungsod of Olongapo:
RULE
I – COMPOSITION
SECTION
1. The composition of this Sanggunian shall be provided by existing laws,
specifically by R.A. No. 7160 otherwise known as the “Local Government Code of
1991”.
RULE II – POWERS, DUTIES AND FUNCTIONS OF THE
SANGGUNIAN
SECTION
2. The powers, duties and functions of this Sanggunian shall be as
provided for under Rule XVII of the Rules and Regulations Implementing the Local
Government Code of 1991.
RULE III – DUTIES AND RESPONSIBILITIES OF INDIVIDUAL
MEMBERS
SECTION
3. Every member of this Sanggunian shall make a full disclosure of his/her
financial and business interest as required of him/her under Art. 104, Rule XVII
of the Rules and Regulations Implementing the Local Government Code of 1991.
Con’t. of Resolution No. 79, Series of 2016.
-2-
SECTION
4. Every member shall attend all the sessions of this Sanggunian unless
he/she is prevented from doing so by reason of sickness or other unavoidable
circumstances provided that, as a general rule, previous written notice thereto
shall be sent to the Sanggunian thru the Presiding Officer or the Secretary.
SECTION
5. Every member shall observe proper deportment and decorum during
sessions with specified dress code as agreed upon by all members.
Every member is required to maintain
the specified dress code specifically they are required to wear long sleeves
Barong Tagalog every first Wednesday of each month for January, March, May, July, August, September and November
and Coat
with tie for male and business attire for female every first
Wednesday of each month for February, April, June,
October, December provided the members are mandated to wear short
sleeves barong during sessions except during 1st Wednesday of each
month.
RULE IV – PRESIDING OFFICER
SECTION
6. The Vice Mayor shall be the Presiding Officer of this Sanggunian and,
as such, shall have the following rights and duties:
a)
To preside over
the sessions of the Sanggunian;
b)
To exact from all
the members present during the sessions proper deportment and decorum;
c)
To enforce the
internal rules and procedures of the Sanggunian;
d)
To maintain order
during sessions and render a ruling on questions of order, subject to appeal by
the member concerned to the body for final decision;
e)
To sign all
legislative documents (such as ordinances, resolutions and motions enacted or
adopted by the Sanggunian), papers, or checks requiring his/her signature;
f)
To declare a
recess during sessions anytime he/she deems it necessary provided that the
duration of the recess is less than fifteen (15) minutes;
g)
To declare the
session adjourned to some other date, time and place in cases of extreme
emergencies, serious and uncontrollable disorder, public disturbances and other
unavoidable circumstances;
h)
To make brief
remarks, comments or clarificatory questions on any measure pending
deliberation by the body provided that he/she shall not express himself either
for or against the said measure or question;
i)
To vote but only
to break a tie. Hence, he/she cannot vote in order to create a tie. His/Her
right to vote to break a tie is not compulsory. He/She may or may not exercise
it;
j)
To authenticate,
whenever necessary, all orders, acts and proceedings of the Sanggunian,
declaring its will and having its command obeyed;
k) To
approve the agenda.
Con’t. of Resolution No. 79, Series of 2016.
-3-
RULE V – THE
SANGGUNIAN SECRETARY
SECTION 7.
The Sanggunian Secretary shall perform the following functions and duties:
a)
To be the
Administrative Officer of the Secretariat of the Sangguniang Panlungsod;
b)
To take
custodianship of the records of the Sanggunian;
c)
To attend all the
sessions of the Sanggunian;
d)
To read or cause
to be read, by himself/herself or through a reader designated by him/her, all
proposed ordinances, resolutions, motions, petitions, and other documents which
shall be endorsed to the Sanggunian;
e)
To send out paper
notices of all sessions and all other meetings and public hearings except during
Regular session as provided in Rule III, Section 4;
f)
To provide
secretarial services and certify the agenda and minutes of the Sanggunian upon
consultation with the vice mayor and floor leaders of both parties;
g) To perform such other duties as may be
provided for by law and the Sanggunian.
RULE VI – REGULAR AND SPECIAL SESSIONS
SECTION 8. The Regular session of this Sanggunian shall be “once
a week” to be held at the Sanggunian Session Hall every Wednesday at exactly 3:00
P.M.
SECTION 9. When public interest so demands, special
sessions may be called by the City Mayor or by a majority of the members of the
Sanggunian.
SECTION 10. A
written notice to the Sanggunian members stating the date, time and purpose of
the session shall be served personally or left with a member of his household
of majority age at his/her usual place of residence at least twenty four (24)
hours before the Special session is held.
SECTION 11. Unless
otherwise agreed upon by two-thirds (2/3) vote of the members present, there
being a quorum, no other matter may be considered at a Special session except
those stated in the notice.
SECTION 12. All
sessions shall be open to the public unless a close door session is ordered by
an affirmative vote of a majority of the members present, there being a quorum,
in the public interest or for reasons of security, decency, or morality.
SECTION 13. No
two (2) sessions, whether Regular or Special, may be held in a single day.
SECTION 14. Adjourned
Session. An “adjourned session”
may be held:
a)
Thru the
initiative of the Chair, by using the “assumed motion”; or by a majority of the
members present in a session where there is NO quorum, wherein they may decide
to adjourn from hour to hour, or day to day, and compel the attendance of the
absent members in order to obtain the necessary quorum.
Con’t. of Resolution No. 79, Series of 2016.
-4-
b)
By a majority
vote of the members present in any Regular or Special session, there being a
quorum, in order to finish very important business which needs immediate
action.
c)
The agenda for
the adjourned quorum will be included in the agenda for the next session.
RULE VII –
QUORUM
SECTION
15. A majority of the members of the Sanggunian who have been elected and
qualified shall constitute a quorum to transact official business.
SECTION
16. Other interpretations to the contrary notwithstanding, the term
“elected and qualified” shall be construed to include not only the regular
member but also the “ex-officio” members and sectoral representatives of this
Sanggunian.
SECTION
17. In computing the presence of a “quorum” the term “majority” shall be
based on the actual membership or incumbents in the Sanggunian or 50% of the
actual membership + 1 which shall exclude the following:
-
Presiding Officer
(regular);
-
A member who is
on official leave of absence;
-
A deceased
member;
-
A member who has
resigned;
-
A member who has
been suspended;
-
A member who was
expelled or removed by final judgment.
SECTION 18. No
quorum at the start of the session. When
the appointed time has come to start the regular session, the Presiding Officer
(regular or temporary, as the case may be) shall call the session to order, with
or without a quorum.
In the absence of a quorum after
calling the session to order, the Presiding Officer may perform any of the
following:
a) He/She may
adjourn the session from hour to hour if he/she would like to wait for other
members who may be late in coming to the session;
b) He/She may adjourn the session from day to day; or
c) He/She may
adjourn the session for lack of quorum.
SECTION 19. No
quorum during the session which was started with a quorum. During a session which was started with quorum and a
question on the lack of quorum is raised by any member, the Presiding Officer shall
immediately cause the reading of the roll of members and announce the result
thereof and then declare whether or not there exist a quorum.
In
the absence of a quorum, the Presiding Officer may declare a recess of not
more than one
(1) hour and
wait for other
members to come;
or a majority
of the members present may adjourn from hour to hour; or day to day and
may compel the immediate attendance of any member absent without justifiable
cause by designating a member of the Sanggunian, to be assisted by a member or
members of the police force to arrest the absent member and present him at the
session. (Sec. 53, R.A. No. 7160)
Con’t. of Resolution No. 79, Series of 2016.
-5-
If
there is still no quorum despite the enforcement of the above remedial
measures, the Presiding Officer may, motu
propio, or upon proper motion from the floor duly adopted by the body,
then declare the session adjourned for lack of quorum.
RULE VIII –
ORDER OF BUSINESS
SECTION
20. The Order of Business of this Sanggunian shall be as follows:
a)
Call to Order;
b)
Invocation;
c)
Pambansang Awit;
d)
Panunumpa sa
Watawat ng Pilipinas;
e) Himno ng Olongapo;
f) Roll Call;
g) Reading and Adoption of the Minutes of the Previous
Session;
h) Matters arising
from the minutes of the previous
session.
i) Reading and Approval of the Day’s Agenda;
j) Reading and References to Corresponding Committees of
Proposed Ordinances, Resolutions, Petitions, Messages and other Communications;
k) Committee Reports;
l) Calendar of Business;
m) Other Matters;
n) Adjournment.
SECTION 21. The
Calendar of Business shall be prepared by the Presiding Officer and a copy
thereof shall be furnished to every member of this Sanggunian not less than 24
hours before the date of the Regular session.
SECTION 22. The
Calendar of Business shall contain brief description of the item of business to
be taken up during the Regular session including, but not limited, to the
following:
a) The title of the proposed ordinance or resolution;
b) The name of the sponsor or authors and the committee
to which it was referred or the committee sponsoring it;
c) In the case of petitions, letters, endorsements and
other communications, the source or the name of senders.
Con’t. of Resolution No. 79, Series of 2016.
-6-
SECTION 23. In
rendering committee reports, priority shall be given to standing committees (aka
regular committees) to be followed by special committees (aka Ad-Hoc
committees).
SECTION 24. As
a general rule, committee reports shall be rendered by its Chairman, unless
he/she dissents with the majority decision. In his absence, the Vice Chairman
shall take his/her place. If neither of them is present, any committee member
concurring with the report and duly designated by the said committee shall
render the report.
SECTION 25. If
the reporting committee recommends a favorable action on the measure referred
to it or if the reporting committee recommends the proposed measure for
appropriate action by the Sanggunian, the Chairman, Committee on House Rules
shall calendar it for “second reading”. If the reporting committee’s
recommendation is for the Sanggunian not to take action and that recommendation
has been adopted by the body, the proposed measure remains shelved in the
committee. If the reporting committee’s recommendation is for the Sanggunian to
file the proposed measure away and that recommendation has been adopted, then
it is “filed away” which means in layman’s language that the proposal will be
filed in the archive of the Sanggunian.
SECTION 26. As
a general rule, no member of a committee shall oppose or object to the report
of his/her committee unless he/she submits his/her dissenting opinion to the
majority decision in writing in open session, before the said committee renders
its reports. Otherwise, he/she shall be precluded to oppose it on the floor.
SECTION 27. Deviation
from the prescribed Order of Business may be done under the following
circumstances:
When
the Sanggunian decided to suspend the rules thru an “assumed motion” by the Chair
or thru a motion to suspend the rules by a member. In any case, the decision to
suspend the rules shall require a vote by general consent, a unanimous vote, or
at least two-thirds (2/3) vote of the members present.
SECTION 28. Agenda
a)
Matters that may
be taken up during a Sanggunian session or meeting, shall be limited to those
listed in the agenda subject to the provisions of the Internal Rules. The
agenda shall be distributed among the Members of the Sanggunian one day before
the scheduled session or meeting. Any person who willfully delay or obstruct
the proper distribution of agenda shall be meted a penalty subject to the
limitation provided for by the law.
b)
Any member who
desires to avail of his right to deliver a privilege speech shall first
register his/her request with the Chairman, Committee on House Rules,
identifying the subject matter of his/her proposed speech, and then seek the
permission of the Presiding Officer, after which he/she may deliver his/her
speech for not more than ten (10) minutes. Provided, that, however, if more
than one member registered to avail of this privilege, each member’s speech
shall be limited to five (5) minutes only.
With
the consent of two thirds (2/3) of all the members of the Sanggunian present,
urgent matters which involve public interest and the delay of which shall
prejudice essential activities of the local government, may be submitted to the
Chairman, Committee on House Rules for inclusion in the agenda of the day’s
session.
Any
motion, resolution, proposal, or ordinance appearing in the agenda for
reference to the corresponding committees shall not be made the subject of any
debate or discussion.
Con’t. of Resolution No. 79, Series of 2016.
-7-
The
agenda for the day will be approved by the Sanggunian through a simple majority
vote. With the consent of 2/3 votes of the members present, a measure may be
included in the agenda provided that it has been registered with the Chairman
on House Rules, Ethics and Privileges.
RULE IX –
LEGISLATIVE PROCESS
SECTION 29. Rules
in the enactment of ordinances and adoption of resolutions. In the
enactment of ordinances and adoption of resolutions including other matters
requiring legislative actions, the following rules shall be observed:
a)
Legislative
actions of a general and permanent character shall be enacted in the form of
ordinances, while those which are of temporary character shall be passed in the
form of resolutions. Matters relating to proprietary functions and to private
concerns shall also be acted upon by a resolution.
b)
Proposed
ordinances shall be in writing and shall contain an assigned number, a title or
caption, an enacting or ordaining clause, repealing clause and the date of its
proposed effectivity. In addition, every proposed ordinance shall be
accompanied by a brief explanatory note containing the justification for its
approval. It shall be signed by the author or authors submitted to the Secretary
to the Sanggunian before the start of the regular session.
c)
A resolution
shall be enacted in the same manner prescribed for an ordinance, except that it
need not go through a third reading for its final consideration unless decided
otherwise by a majority of the Sanggunian members present. Adopted resolutions
and approved ordinances must bear the signature of all who favors and those who
voted against or abstained are not required to affix their signatures. In cases of emergency which does not involve
public interest, signatures of approving members may be dispensed with.
d)
No ordinance or
resolution shall be considered on second reading in any regular meeting unless
it has been reported out by the proper committee to which it was referred or by
approval of the two-third (2/3) votes of the members present.
e)
The secretary to
the Sanggunian shall prepare copies of the proposed ordinances or resolutions
in the form it was passed on second reading, and shall distribute to each
Sanggunian member a copy thereof.
f)
No ordinance or
resolution passed by the Sanggunian in a Regular, or Special session duly
called for the purpose, shall be valid unless approved by a majority of the
members present, there being a quorum.
g)
Upon the passage
of all ordinances and resolutions directing the payment of money or creating a
liability, and at the request of any member, the Sanggunian Secretary shall
record the ayes and the nays. Each approved ordinance or
resolution shall be stamped with the seal of the Sanggunian and recorded in a
book kept for the purpose.
h)
A resolution
ratifying the contract/MOA previously granting authority to the Local Chief Executive
should first be approved/passed prior to its executive implementation except on
matters involving national security, imminent danger and circumstances of the
same nature.
Con’t. of Resolution No. 79, Series of 2016.
-8-
SECTION 30. Filing Consideration and Approval of
Proposed Ordinances, Resolutions, Motions and Other Matters.
a)
Filing - Legislative
actions of a general and permanent character shall be enacted in the form of
ordinances, while those ministerial or administrative in nature and of a
temporary character shall be passed in the form of resolutions. The title with
the complete text of proposed ordinances and resolutions shall be filed with
the Office of the Vice Mayor for inclusion in the agenda. Only those who are
stated or signed
as author(s) and
co-author(s) shall be
considered as such, but other
members may be considered as author(s) and co-author(s) if so manifested on the
floor, subject to the consent of the main author.
All
matters endorsed by the City Mayor to the Sanggunian, as well as petitions and
other communications received from the general public, shall likewise be
transmitted to the members.
b)
First Reading - All proposed measures transmitted to the Office of the Vice Mayor shall
be calendared for the first time, and only the titles thereof and the names of
their author(s) shall be read. However, the draft
of the said proposed measure shall be included
and distributed to all the members. No measures shall be taken or included in
the agenda without its draft text.
After
such first reading, the proposed measure shall be referred to the proper
committee(s) for study, comment and recommendation. No debate shall be allowed
at this stage.
c)
Committee Meeting/Report - After due consideration of the proposed measure, the
committee(s) concerned shall conduct a meeting and report the same to the
Sanggunian.
All
inquiries, comments and suggestions regarding the proposed legislative measure
shall be considered during the committee meeting. If the committee decides that
hearing is not necessary, the Chairman of the committee should report it
immediately on the floor.
If
the committee, to which a proposed measure is referred, fails to take action
thereon within fifteen (15) working days from such referral, the proposed
measure shall be deemed favorably reported by such a committee, and the
proposal shall be calendared for second reading, upon the proponent’s instance.
During committee meetings the said proposal shall be put into a vote among members
of the committee to determine who are in favor or against the proposed measure.
A
committee member who abstains against a proposal shall have no right to object
to it on the session. To have a right to participate in the floor deliberation,
a committee member should cast his/her affirmative or negative vote during
committee meeting.
A
committee member unless he/she has entered his/her objection to his/her
committee’s report or, in lieu thereof, has filed with the Secretary his
dissenting vote in writing before the report is submitted to the body in open
session shall be presumed to have concurred in the report and shall thus be
precluded from opposing it on the floor.
Con’t. of Resolution No. 79, Series of 2016.
-9-
The
committee report maybe dispensed if the proposed measure is sponsored by the
concerned committee or upon approval of the 2/3 members present in the session.
d)
Second Reading - On the next regular session after a proposed measure is reported
favorably by the committee(s) concerned, it may be calendared for second
reading at the instance of the proponent.
During
the second reading, the principal author of the proposed measure shall deliver
a sponsorship speech. The speech shall not exceed for ten (10) minutes.
Thereafter, shall proceed to make the necessary motion to open the floor for
debate on the measure.
Main speeches during the discussion
of any proposed measure shall be limited to ten (10) minutes only for each
speaker in favor of the proposed measure excluding the principal author.
Rebuttal speech shall be limited to five (5) minutes only for every speaker who
is against the measure.
The order of the speeches should as
much as possible, alternated between speakers in favor of and against the
proposed measure.
After
the maximum of two (2) speeches in favor and two (2) speeches against the
proposed measure have been delivered alternately, or after only one speech in
favor of the proposed measure shall have been delivered and none against it, a
motion to close the general debate maybe in order. Once approved by a majority
of all the members present, the Presiding Officer shall then declare the period
for amendments open.
The Sanggunian retains the right, by
a majority vote of all its members, to close all debates at any time during the
discussion.
After the period of amendments has
been closed, the proposed measure shall be voted upon for final action by the
Sanggunian, during which no more than one main speech and one rebuttal speech,
both subject to the five-minute rule shall be delivered.
Measures certified by the Mayor as
urgent may be submitted for final voting after second reading, dispensing with
the third reading thereof. Resolutions
are likewise exempt from the requirements of the third reading.
e)
Third Reading - All ordinances which have been approved by the Sanggunian during second
reading shall again be presented by the proponent in the final form complete
with all approved amendments, for the purpose of confirmation only, not later
than the second session day immediately following the day of their approval. No
debate of amendments shall be allowed at this stage.
Ordinances
shall be considered enacted and resolutions adopted on the date such measures
were approved on second reading.
All
approved ordinances or resolutions shall be transmitted to the Office of the
City Mayor not later than fifteen (15) days upon final approval. Any one who
causes delay shall be given disciplinary action by the Committee of the whole.
Con’t. of Resolution No. 78, Series of 2016.
-10-
SECTION 31. Effectivity of Ordinances
and Resolutions.
a)
Unless otherwise
provided in the ordinance or resolution approving the local development plan
and public investment program, the same shall take effect after being posted at
the bulletin board of the city hall near the entrance and at least two (2)
conspicuous places in the local government unit concerned not later than five
(5) days after the approval of the local chief executive.
b)
The ordinance or
resolution duly enacted shall in addition to being posted, shall be published
once in a local newspaper of general circulation in the City of Olongapo and
Province of Zambales, Provided that in the absence thereof, the ordinance or
resolution shall be published in any newspaper of general circulation.
c)
All ordinances or
resolutions duly enacted shall be posted in the Olongapo City’s Official
Website and Official Facebook page which shall be determined pursuant to an
ordinance to be passed by the City Council.
SECTION 32. Approval
of Ordinance and Veto Power of the Local Chief Executive. The approval of the ordinance by the Mayor, as the
case may be, and the exercise of his/her veto power shall be governed by the
following rules:
a)
Every ordinance
enacted by the Sanggunian shall be presented to the Mayor for his/her
approval. If he/she approves the same,
he/she shall affix his/her signature on each and every page thereof; otherwise,
he/she shall veto it and return the same with his/her objections to the
Sanggunian, which may proceed to reconsider the same. The Sanggunian may override the said veto by
two-thirds (2/3) vote of all its members thereby making the ordinance or
resolution effective for all legal intents and purposes.
b)
The veto shall be
communicated by the Mayor to the Sanggunian within ten (10) days. Otherwise,
the ordinance shall be deemed approved as if he/she had signed it.
c)
The Mayor may
veto any ordinance of the Sanggunian on the ground that it is “ultra vires” or prejudicial to the public welfare, stating his/her
reasons thereof in writing.
d)
The local chief
executive may veto an ordinance or resolution only once. The Sanggunian may
override the veto of the local chief executive concerned by two-thirds (2/3)
vote of all its members, thereby making the ordinance effective even without
the approval of the local chief executive concerned.
e)
The Mayor shall
have the power to veto any particular items of an appropriation ordinance, an
ordinance or resolution adopting a local development plan and public investment
program or an ordinance directing the payment of money or creating
liability. In such case, the veto shall
not affect the item or items which are not objected to. The vetoed item or items shall not take
effect unless the Sanggunian overrides the veto in the manner as provided in
this section, otherwise, the item or items in the appropriation ordinance of
the previous year corresponding to those vetoed, if any, shall be deemed
re-enacted.
SECTION 33. The
three-reading Principle. The so- called
“three-reading principle” which is commonly adopted in legislative bodies shall
also be followed by this Sanggunian.
Hence, as a general rule, before an ordinance is finally enacted, it
shall undergo the following stages:
Con’t. of Resolution No. 79, Series of 2016.
-11-
a)
First reading;
b)
Second reading;
c)
Third (Final) reading.
Except on
the following instances:
a)
Resolutions (2
readings only);
b)
Measures that are
considered urgent by 2/3 votes of the members present.
SECTION 34. Methods of Voting.
Unless a different method is
prescribed by the Sanggunian for a particular measure, voting shall be either
one of the following methods:
a)
By voice;
b)
By raising of
hand (or show of hand);
c)
By rising;
d)
By ballot; or
e)
By nominal voting
(or roll call).
SECTION 35. To
put the question to a vote. The Presiding Officer shall rise whenever
he/she is putting a question to a vote. In taking the vote, the Presiding
Officer shall take first the affirmative votes and then the negative votes.
RULE X – VOTES AND VOTING
SECTION 36. Voting
on the Question. Whenever a nominal voting (or roll call voting) is
being applied, the Secretary shall call the roll of members either in
alphabetical order or by rank. As each name is called, the member shall
announce his vote by stating “YES” or “NO”, as the case may be. As a general
rule, a member may explain his vote but not to exceed three (3) minutes. (Yes, No and Abstention)
A second roll call may be requested by any member from
the Chair but this time only the names of those who failed to vote shall be
called. This is to give another opportunity to those who failed to cast their
votes to exercise their rights. After this second roll call, no other request
of the same kind shall be determined by the Chair.
SECTION 37. Voting
Restriction. No member can vote, or be allowed to vote, on any
measure in which he/she or any of his/her relatives within the third degree of
consanguinity or affinity, has a direct or personal pecuniary interest. This
rule, however, does not apply in voting for elective positions in the Sanggunian
where a member, as a matter of right, can vote for himself/herself.
In the same way, a member may
abstain from voting only when there is a conflict of interest on his/her part.
Otherwise, he/she should either oppose or concur.
SECTION 38. Change
of Vote. A member may change his/her vote but only when the
result of the voting has not been announced by the Chair. Otherwise, he can
change his/her vote by a unanimous consent of the members present. Provided
that this rule shall not be applied if voting is by ballot.
Con’t. of Resolution No. 79, Series of 2016.
-12-
SECTION 39. Vote by
Late-comer. A member who came in late during the session but who
happens to arrived while voting is in progress shall be allowed to vote,
provided that the result of the voting has not yet been announced by the Chair.
SECTION 40. Allowable
Motion during Voting. Except for a motion pertaining to question of quorum,
no other motion shall be entertained by the Chair while voting is in progress.
SECTION 41. Tie
Vote. A tie vote resulting from a vote taken on any motion,
measure or proposal shall be construed to mean that the particular motion,
measure or proposal is defeated, unless the Chair decided to break it.
Exception to this rule is when a “motion to appeal from the decision of the
Chair” is put to a vote and resulted in a tie. In this case the tie vote is
considered to sustain the decision of the Chair.
SECTION 42. Breaking
a Tie. In case of tie, the Presiding Officer of this
Sanggunian is allowed to cast his/her vote if he/she so desires. He/She is,
however, precluded under existing laws to cast his/her vote in order to create
a tie.
SECTION 43. Majority
Vote of All the Members of the Sanggunian.
As provided for under R.A.
No. 7160 and its Implementing Rules and Regulations, a “majority vote of all
the members of the Sanggunian” is required in the following circumstances:
For the Sangguniang
Panlungsod
Refer to the provisions of Section 458, RA No. 7160
(Local Government Code of 1991), specifically the following:
a)
paragraph 2-ii
(Sec. 458, R.A. No. 7160);
b)
paragraph 2-iii
(Sec. 458, R.A. No. 7160);
c)
paragraph 2-iv
(Sec. 458, R.A. No. 7160);
d)
paragraph 2-v
(Sec. 458, R.A. No. 7160);
e)
paragraph 3-vii
(Sec. 458, R.A. No. 7160);
f)
paragraph (d)
(Sec. 454, R.A. No. 7160);
SECTION 44. Majority
Vote of the Members Present (thereby constituting a Quorum). Except as provided in Section 45 hereof, all other
legislative matters or measures shall require only a simple majority (50% + 1
of legal votes casted provided that there is a quorum).
SECTION 45. Plurality
Vote. A decision of the Sanggunian thru a “plurality vote”
shall be valid only and enforceable if it is the result of an election of
officers of the Sanggunian or members of committees. No legislative proposal or
measure of whatever nature shall be passed, adopted or enacted by this
Sanggunian thru a mere plurality vote.
SECTION 46. Percentage
Vote. For purposes of this section, a percentage vote shall
be construed to mean as a “proportion of a certain whole”. Percentage vote
shall be applied in the following:
Con’t. of
Resolution No. 79, Series of 2016.
-13-
a)
A two-thirds
(2/3) vote of all the members of this Sanggunian shall be required in
overriding the veto of the LCE for any ordinance or resolution, thereby making
the particular ordinance or resolution effective for all intents and purposes.
(Sec. 54, R.A. No. 7160);
b) Unless
otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members
present, there being a quorum, no other matters may be considered at a Special
session except those stated in the notice. (Sec. 52 (d), R.A. No. 7160);
c) The
penalty of suspension or expulsion that may be imposed or meted out by the
Sanggunian to an erring member “shall require the concurrence of at least
two-thirds (2/3) vote of all the Sanggunian members.” (Sec. 50, b-5,
R.A. No. 7160);
d)
With the
concurrence of at least two-thirds (2/3) of all the members of the
Sanggunian, grant tax exemptions, incentives or reliefs to entities engaged in
community growth-including industries;
e)
With the
concurrence of at least two-thirds (2/3) of all the members of the
Sanggunian, matters certified by the Local Chief executive as urgent;
f) At
least a two-thirds (2/3) affirmative vote of the members present, there being a
quorum, shall be required for the adoption of the following motions:
1.
Motion to suspend
the rules;
2.
Motion to expunge;
3.
Motion to extend
or limit debate;
4.
Motion to call
for the previous question.
g)
At least a
two-thirds (2/3) negative vote of
the members present, there being a quorum, shall be required in order to
sustain the “motion to object to the consideration of a question”.
RULE XI –
RULES ON DEBATES AND AMENDMENTS
SECTION 47. As
a general rule, no member shall speak before this Sanggunian without first
“obtaining the floor”. A member who has obtained the floor shall address all
his/her remarks to the Chair. He/She shall conduct himself/herself with proper
decorum by confining his/her remarks or arguments to the question under debate
and by avoiding personalities.
SECTION 48. No
member rendering a committee report or delivering the sponsorship speech shall
speak for more than ten (10) minutes unless allowed by a majority of the
members present.
SECTION 49. No
member shall speak for more than ten (10) minutes on a particular issue or
question being debated upon unless he/she is allowed to do so by a majority of
the members present.
SECTION 50. During
the period of amendments, every member shall observe the so-called “five-minute
rule”, i.e., remarks or argumentations by any member on each proposed
amendments shall not exceed five (5) minutes.
Con’t. of Resolution No. 79, Series of 2016.
-14-
SECTION 51. The
member rendering a committee report or delivering the sponsorship speech of a
proposed measure may move to open or close the debate within the ten (10)
minutes period allowed to him/her. If he/she fails to exercise his/her option,
the Chair may use the “assumed motion” to open or
close the debate,
or any member may formally move for it.
In any case, after a
member has rendered a committee report or has finished
his/her sponsorship speech of a proposed measure, it shall be considered open to debate.
SECTION 52. While
having the floor, a member may be interrupted in his/her speech or talk by the
Presiding Officer to state a point of order, to respond to questions from the
floor, to clarify something related to the issue being discussed or to make
certain remarks within his/her privilege.
SECTION 53. The
speaker may also be interrupted by another member if the latter desires to ask
questions thru his/her privilege to interpellate and by proposing the following
motions:
-
Point of Order;
-
Point of
Information;
-
Point of
Parliamentary Inquiry;
-
Call for Orders
of the Day;
-
Divide the
Assembly;
-
Raise a Question
of Privilege;
-
Reconsider;
-
Appeal from the
Decision of the Chair.
SECTION 54. All questions
addressed to the speaker or the member having the floor must always be coursed
thru the Presiding Officer.
SECTION 55. No
member shall speak against his/her own motion or proposition. He may, however,
be permitted to withdraw his/her motion or proposition if his/her request to
withdraw is denied, he/she may vote
against it.
SECTION 56. While the period of debate is in
progress, no member shall roam around the Session Hall or leave the premises
without the permission of the Chair.
SECTION 57. A
motion to close debate is in order if two (2) members have already spoken in
the affirmative side and two (2) in the negative side; or only one (1) member
has spoken in favor but none against it.
SECTION 58. Subject
to the requirement of the preceding Section, if no member moves to close the
period of debate, the Chair, motu propio, may use the “assumed motion” in order
to close the period of debate.
SECTION 59. When
a motion “to call for the previous question” is proposed by a member which
would result in the closing of debate on a pending question, two-thirds (2/3)
affirmative vote is hereby required.
Con’t. of Resolution No. 79, Series of 2016.
-15-
SECTION 60. Whenever
the Presiding Officer is addressing the Sanggunian, no member shall leave
his/her post nor interrupt the former in his talk.
SECTION 61. After
the period of debate has been closed, the period of amendments shall
immediately follow.
SECTION 62. Unless
a different method is adopted by the members present in a particular session,
amendments to any proposed measure, or parts thereof, shall be in seriatim. Under this seriatim method, the proposed
measure is read paragraph by paragraph or section by section and after each one
is read, amendments can be proposed and debated upon. Thereafter, a vote is
taken on the proposed amendment. Eventually, this process will reach its
conclusion and the original measure or proposition is said to have passed the
“second reading”.
SECTION 63. Privileged Questions and
Questions of Privilege
a) Privileged
Questions. These shall include, aside from questions of privilege, motions to
adjourn or recess, and call for the orders of the day.
All
these questions shall be unbeatable and shall have the precedence over other
motions and questions, in accordance with order of preference.
i. A call for order of the day shall be demanded that the
Sanggunian conform to its order of business, a motion to that effect requires
no second.
ii. Any member shall have the right to demand from the
Chairman that the order of business be conformed to.
iii. Any member who shall call for order of the day when
there has been no deviation from the order of business shall be declared out of
order.
b) Questions
of Privilege. Questions relating to the rights and privileges of the Sanggunian
or any of its members shall take precedence over all motions except those
relating to adjournment and recess. The following shall constitute question of
privilege:
i. Any member may interrupt another member’s speech when
required by urgency and immediate action is called for, as when a speech which
is being read cannot be heard.
ii. Those relating to matters pertinent to the comfort and
convenience of the members of the Sanggunian.
iii. Those relating to freedom from noise, interference,
and offensive conduct of officers or other employees.
iv. Those relating to organization of the Sanggunian.
v. Those relating to the punishment of a member for
disorderly conduct or other offense.
vi. Those relating to accuracy of published reports.
Con’t. of Resolution No. 79, Series of 2016.
-16-
Questions
of privilege may be raised while another business is pending, and may even
interrupt a speaker, who should then take his seat and yield to the privileged
questioner, until the question of privilege is acted upon.
RULE XII –
COMMITTEES
SECTION 64. Creation
of Committees. The following rules shall be observed in the creation
of committees:
A regular or
standing committee may be created or re-organized by a majority vote of all the members of the Sanggunian;
The Presiding
Officer may recommend the creation or re-organization of any regular or
standing committee. The Sanggunian shall act on his/her recommendation without
debate and vote on it immediately;
Special or
Ad-Hoc committees may be created upon the initiative of the Chair or thru a
motion by any member, subject however, to the affirmative votes of a majority
of the members present, there being a quorum.
SECTION 65. Composition. Every
regular committee to be created shall be composed of the Chairman, Vice
Chairman, and at least three (3) members.
SECTION 66. Restrictions.
The
Presiding Officer shall not be a member of any regular committee. However,
he/she may be designated by the body as Chairman of Ad-Hoc or Special
Committee, provided that the purpose or task for which the committee is created
does not involve legislative matters or policy-making.
No person
other than members of the Sanggunian shall be made a member of any regular
committee.
No member
shall participate in the committee’s deliberations if he/she has a direct or
indirect personal or pecuniary interest on the matter being handled by that
committee.
SECTION 67. Committee
Hearings or Public Hearings. No tax ordinance or revenue measures shall be enacted
by this Sanggunian in the absence of a public hearing duly conducted by the
committee concerned.
67.a.
Order.
1.
Opening Remarks of Committee
Chairman/Chairmen;
2. Explain
background/reason for hearing. Announce administration matter (how the hearing
will proceed including adjournment time);
3. Recognize
officials present, then the witnesses and other prominent personalities;
Swear all witnesses “do you swear to tell the truth and nothing
but the truth in today’s proceedings?”;
Con’t. of Resolution No. 79, Series of 2016.
-17-
5. Witnesses
Opening Statement;
6. Conduct of
Questioning (maximum 5 minutes per round) Vice Mayor then Councilors by rank
with committee chair/s being the last if all are present when hearing started,
otherwise, if Councilors arrive when hearing already started, order of
questioning is by time they joined the hearing.
If this is an investigative hearing, the Councilor who initiated the
investigation follows the Vice Mayor;
7. The Chair will advice “please wrap up your
questioning” 30 seconds before 5 minutes are consumed;
8. Councilors
can relinquish his time in favor of other Councilor.
SECTION 68. Committee
Meetings. As a general rule, a committee meeting shall be
attended only by committee members unless a majority of the members of the
committee thereof decided to allow other persons to be present especially
invited resource persons or consultants.
SECTION 69. Committee
Hearing distinguished from Committee Meeting.
For purposes of this
Internal Rules, a committee hearing is an activity of the Sanggunian, thru its
committees, wherein the general public particularly those representing
different sectors that may be interested or affected by a proposed measure are
invited to attend to hear and be heard on that matter. This is synonymous to
the term “public hearing”. On the other hand, a committee meeting, as the term
implies, is a “meeting” of the members
of the committee for the primary purpose of decision-making. Since
decision-making is a difficult task, the committee is not precluded from
inviting and seeking advice from technical persons.
SECTION 70. Quorum. A
majority of all the members of the committee shall constitute a quorum to do
business.
SECTION 71. Calling
a Committee Meeting. A committee meeting may be called by the following:
a) Chairman;
b) Vice Chairman, if he/she is in the
capacity of “Acting Chairman”;
c) Majority of the committee members.
Provided,
that due notice is served upon each and every committee member.
SECTION
72. Vacancy. Vacancy
in a committee shall be filled:
a)
By a majority
vote of all the members of the Sanggunian; or
b)
By the Presiding
Officer; by general consent (unanimous assent) of the members present, there
being a quorum.
SECTION 73. Appearance
of Head of Department / Offices in Committee Meetings. The following rules shall be observed in requesting
for the appearance of heads of department or offices:
Con’t. of Resolution No. 79, Series of 2016.
-18-
Official
invitation or request by any committee to appear before it of any head of
department or offices, whether local or national, may be coursed thru the
Presiding Officer. The Presiding Officer shall then endorse it to the head of
local and national offices concerned;
The
invitation or request shall specify the reason for such appearance or the
assistance needed, as the case may be;
In case of
the invitee/Department Head’s failure to attend the committee meeting the regrets
reply of the invitee/Head of Agency should be secured by the Committee Chair
and shall submit the same to the Vice Mayor’s Office. The same procedure shall
be observed in case of failure to attend Session invitations.
RULE XIII – COMMITTEE
REPORTS
SECTION
74. Submission
of Committee Report. Every committee to which a particular measure is
referred by the Presiding Officer shall submit its report in writing to the
Sanggunian, thru the Secretary, after finishing its task.
SECTION
75. Joint
Committee or Multiple Committee Report. When measure is referred to two or more committees,
the committees concerned may submit a “joint committee report” or
“multi-committee report” as the case may be, or separate report thereon.
SECTION
76. Content
of Committee Report. The committee report shall contain the following
information:
a)
Name of the
reporting committee or committees;
b)
Brief statement
of the subject matter referred to it and the action taken thereon including
information gathered during the conduct of committee hearings or meetings and
other relevant information;
c)
Findings or
conclusions;
d)
Recommendations
(either to “file it away” or “to calendar it for second reading”);
e)
Names and
signatures of concurring members;
f)
Appendices
(Minutes of the committee hearings or committee meetings, as the case may be).
SECTION
77. Discharge
of Committee. A committee which failed to submit a committee report
within the time required may be discharged by the Sanggunian from further
consideration of the measure or question referred to it. Upon motion by any
member, the said measure can be re-assigned to another committee or submit to
the body for proper disposition.
SECTION
78. Recommitting
a Measure. When the Sanggunian is not satisfied with the report
of a particular committee on a measure referred to it, the same may be
re-committed or returned back to that committee for further study.
SECTION
79. Calendaring
a Measure for Second Reading. After the committee has rendered its report recommending favorably for the enactment of the
proposed ordinance, a copy of the same shall be
furnished to the members of the Sanggunian. The sponsor shall calendar
the same
Con’t. of Resolution No. 79, Series of 2016.
-19-
for
second reading. Before the said proposed ordinance is sponsored on the floor, a
copy thereof shall be furnished every
Sanggunian member by the committee Chairman concerned.
XIV - STANDING COMMITTEES
SECTION 80. Standing Committees – There shall be thirty three (33) standing
committees and one (1) special committee, consisting of a Chairman, Vice-Chairman
and at least three (3) Members. The following committees are constituted, whose
duties and powers are as follows, to wit:
a)
Committee on
Finance and Appropriations – This
shall have general jurisdiction over all matters relating to the approval of
the budget, monetary and fiscal matters; all matters relating to the funds for
the expenditure of the city government and for the payment of public
indebtedness, claims against the government, and appropriations of public
funds.
b)
Committee on
Ways and Means – This shall have
jurisdiction over all matters related to taxes, fees, charges, loans, study and
revision of tax measures; and generation of other sources and forms of revenue
from public and private sectors, including codification of revenue ordinance.
c)
Committee on
Organizational Development and Personnel Matters – This shall have jurisdiction to determine the
compensation of personnel and the creation and re-organization of local offices
and shall oversee the personnel development program.
d)
Committee on
Laws, Complaints, Investigations and Human Rights Protection – This shall have general jurisdiction over all
matters relating penal ordinances, expropriations, naming of streets and public
places; legal orders from the court on city ordinances; all matters relating to
complaints that are lodged
with and undertaken
by the Sanggunian;
investigation of charges of
misfeasance and malfeasance against local officials and employees; and matters
relating to the promotion and protection of human rights.
e)
Committee on
Education – This shall have
jurisdiction over all matters relating to education, local schools, colleges
and universities, libraries, non-formal
and community-adult education; scientific and technological research,
development and advancement.
f)
Committee on Arts
and Culture – This shall have
jurisdiction over all matters relating to the city’s preservation of customs
and traditions, mores and values as well as the enhancement of Olongapenos’
talent and abilities.
g)
Committee on
Health and Public Welfare – This
shall have jurisdiction over all matters relating to the health and welfare of
the residents, including proposals pertaining to sanitation, cemeteries,
hospitals, health centers and other health and sanitary measures.
h)
Committee on
Telecommunications, Information Technology (IT), Public Information and Media
Affairs – This shall have general
jurisdiction over all matters relating to 1) telecommunications such as
land/microwave/satellite based telephone including cellular
phone system, radio
and television broadcasting including cable TV, and general
telephony; and 2) information communications technology (ICT) including internet,
e-Business and e-Governance. Shall oversee advances in ICT and ensure that the
city’s computerization program complements effective governance.
Con’t. of Resolution No. 79, Series of 2016.
-20-
i) Committee on Engineering and Public Works – This shall have general jurisdiction over all
matters relating to planning, construction, maintenance, improvements and
repair of public buildings, highways, bridges, roads, parks, shrines,
monuments, playgrounds and other public edifices, drainage, sewerage, flood
control and protection, building permits and other public improvement projects.
j) Committee on Utilities – This shall have jurisdiction over all matters
relating to utilities including the power system, and the water system.
k) Committee on Peace and Order – This shall
have jurisdiction over all matters relating to police work and service; drug
prevention; maintenance of public order and security and prevention of crimes
in coordination with the Philippine National Police and other protective
agencies and organizations of the national government.
l) Committee on Public Safety and Disaster Management – This shall have jurisdiction over all matters
relating to safety of the public and Disaster Management in coordination with
the mandated disaster management group within and outside the Local Government
of Olongapo.
m)
Committee on
Transportation and Franchise – This
shall have the legislative jurisdiction over all public transport operating
within the city (sea, land and air).
This shall have jurisdiction over all matters relating to the issuance
of franchise to all public transport.
n)
Committee on
Traffic Management – This shall have
jurisdiction over all matters relating to traffic management.
o)
Committee on
Ethics, House Rules and Privileges –
This shall have jurisdiction over all matters relating to the Sanggunian Rules
of Procedures; Order of Business; Certification of Ordinances; implementation
of local ordinances and conduct, rights, privileges, safety, dignity, integrity
and reputation of the Sanggunian and its members.
p)
Committee on
Public Markets– This shall have
jurisdiction over all matters relating to public markets and their maintenance
and allied projects.
q)
Committee on
Business, Economic Enterprises and Public-Private Partnership – This shall have general jurisdiction over all
matters relating to the establishment, operation and maintenance and regulation
of all business establishments within the city; enhancement of entrepreneurial
services and undertakings, provision of incentives to investors and shall have
jurisdiction over all economic enterprise being run and maintained by the city,
except the markets.
r)
Committee on
Labor and Employment – This shall
have jurisdiction over all matters relating to protection of labor and
provision of ameliorative service. Shall
spearhead employment generation and vocational, technical and skills
development program.
s)
Committee on
Urban Planning, Lands, Housing and Zoning – This shall have jurisdiction over all matters
relating to, land use and reclassification; housing, zoning, ecology and allied
matters.
t)
Committee on
Women, Family and Gender Equality –
This shall have jurisdiction over all matters relating to the promotion and
protection of the rights, opportunities and welfare of women; the strengthening
and developing of family life and the promotion of gender equality.
Con’t. of Resolution No. 79, Series of 2016.
-21-
u)
Committee on
Livelihood and Cooperative Development
– This shall have jurisdiction over all matters relating to livelihood program
in the city; organization and supervision of local cooperatives.
v)
Committee on
Social Services – This shall have
jurisdiction over all matters related to social welfare and ameliorative
services; public social services for the disadvantaged groups in the Philippine
society including the disabled, and street children.
w)
Committee on
Agriculture and Fisheries – This
shall have jurisdiction over all matters related to agriculture and fisheries,
agricultural and aquatic economic research; soil and water survey and
conservation, agricultural and fishing education.
x)
Committee on
Barangay Affairs and Community Development – This shall have general supervision over all matters pertaining to
supervision by the City Government over the barangays and the undertaking of
community projects at the Barangay level.
y)
Committee on
Youth_– This shall have jurisdiction
over all matters relating to the youth; the promotion of the youth’s moral,
physical, intellectual and social well being.
z)
Committee on Sports
Development – This shall have
jurisdiction over all matters relating to the development of sports and sportsmanship in
the community.
aa)
Committee on
Senior Citizens and Veteran’s Affairs
– This shall have jurisdiction over all matters relating to the promotion and
of the rights, opportunities and welfare of the elderly and relating to Veteran’s
Affairs.
bb) Committee on Wildlife, Parks and Playgrounds – This shall have jurisdiction over all matters
relating to the maintenance, operation and regulations of wildlife, parks and
playgrounds.
cc)
Committee on
Ecology and Environmental Protection
– This shall have general jurisdiction over all matters relating to
environmental protection and ecology.
dd) Committee on Tourism and Special Events – This shall have general jurisdiction over all
matters relating to the development and promotion of tourism in the city and
Special Events:
ee) Committee on Games and Amusement – This shall
have jurisdiction over all gaming activities whether electronic or traditional
and other recreational activities.
ff) Committee on Special Economic Zone and Freeport
Concerns – This shall have
jurisdiction over all matters pertaining to Special Economic Zone and Freeport
Concerns.
gg) Special Committee on Sister City Relations -
This shall have jurisdiction over all
matters pertaining to existing Sisterhood Agreements and other allied
matters.
hh) Committee on Indigenous Peoples Concerns – This shall have jurisdiction over all matters
relating to the indigenous people living within the City of Olongapo and other
tribal matters.
Con’t. of Resolution No. 79, Series of 2016.
-22-
RULE XV – JOURNAL AND RECORD OF PROCEEDINGS
SECTION 81. Record
of Proceedings. The Sanggunian shall keep a “journal and record” of
its proceedings which may be published upon resolution of the majority members
thereof.
SECTION 82. Minutes. In
addition to the “journal of proceedings” which is required by the law (R.A. No.
7160) to be kept, the Sanggunian, thru its Secretary shall also record its
proceedings in the form of a “minutes” which shall be submitted by the
Secretary to the Sanggunian for appropriate action.
SECTION 83. Reading
and Consideration of Previous Minutes. The minutes of the previous session shall be submitted
by the Secretary to the Sanggunian during its succeeding regular session. The Sanggunian
shall first determine if there are corrections to be made on the minutes and
act on it accordingly before the same is adopted and becomes its property.
Consideration of the minutes shall not be dispensed with. Reading of the
minutes “verbatim” may be dispensed with if the members were already furnished
a copy before hand. Being all responsible men and women, the members are
presumed to have read the minutes already before they come to the session. In
any case, the minutes submitted by the Secretary shall be acted upon by the
members present, one way or the other.
SECTION 84. Contents
of Minutes. The minute shall contain the following information:
a) Date of session;
b) Place of session;
c) Time when the session was called to order;
d) Statement regarding the attendance of the Presiding
Officer and the Sanggunian members;
e) Statement whether the minutes of the previous session
were read and approved, or whether reading was dispensed with, including the
date of the said session;
f) All motions made, except those withdrawn;
g) Titles, synopsis of proposed ordinances and
resolutions as introduced or as vetoed by the City Mayor;
h) The affirmative and the negative votes made;
i) Points of order and appeals, and the result thereof;
j) Time when the session was adjourned.
SECTION 85. Signing
of the Minutes. The minutes shall
be signed by the Sanggunian Secretary and the Presiding Officer, and entered
into the Sanggunian’s record book with an indication of its approval or
disapproval and the date thereof.
SECTION 86. Excerpts.
Excerpts to be taken out of the
minutes shall be certified and attested to as correct by the Secretary and the
Presiding Officer on that particular session, respectively.
RULE XVI –
RULES ON MOTIONS
SECTION 87. All
motions relating to a committee report, if presented or proposed by the
reporting committee Chairman, or the reporting committee member, shall need NO
second.
SECTION 88. If
someone “has the floor”, whether or not he/she is speaking, a “motion to
adjourn” shall be ruled “out of order”.
Con’t. of Resolution No. 79, Series of 2016.
-23-
SECTION 89. All
“privilege motions” may be proposed even if there is a pending motion or
question before the body.
SECTION 90. The
following motions can be presented or proposed even if someone has the floor,
viz:
a)
Appeal from the
decision of the Chair;
b)
Call for Orders
of the Day;
c)
Divide the
Assembly, Body (or House, if any);
d)
Divide the
Question;
e)
Object to the
Consideration of a Question;
f)
Point of Order;
g)
Point of
Information;
h)
Point of
Parliamentary Inquiry;
i)
Reconsider;
j)
Reconsider and
have entered on the minutes;
k)
Raise a question
of privilege.
The foregoing enumerated motions can interrupt the
speaker.
SECTION 91. When
there is no quorum present, a motion to adjourn or to take a recess is “in order”
provided, that nobody else has the floor.
SECTION 92. The
following motions require a SECOND, viz.:
i. Adjourn;
ii. Adopt a report or resolution, except when proposed by
the reporting Committee Chairman or Member;
iii. Amend;
iv. Appeal from the decision of the Chair;
v. Commit or refer to a Committee;
vi. Expunge;
vii. Extend or Limit the time for debate;
viii.
Fix the Time to
which to adjourn;
Con’t. of Resolution No. 79, Series of 2016.
-24-
ix. Lay on the Table;
x. Postpone Definitely;
xi. Postpone Indefinitely;
xii. Call for the Previous Question;
xiii.
Recess;
xiv. Reconsider;
xv. Reconsider and have entered on the minutes;
xvi. Rescind or Repeal;
xvii.
Suspend the Rules;
xviii.
Take from the
Table;
xix. All main motions.
SECTION 93. A
motion to amend (amendment of the 1st degree) and motion to amend an
amendment (amendment of the 2nd degree) may be withdrawn but only
before a decision is made thereon.
SECTION 94. A
motion to amend is in order only up to the second degree. Thus, a motion “to
amend an amendment to an amendment” is out of order.
SECTION 95. A
motion can be withdrawn only when it is not yet being discussed or debated upon
by the body. Otherwise, any request to withdraw it shall require a vote by
general consent and if there is an objection raised for its withdrawal, a
majority vote of the members present is required.
SECTION 96. Motions and Order of Preference
a)
While a motion or proposal is being considered, no other motion shall be
entertained except the following and only in the order in which the herein
appear:
1.
Motion to
adjourn;
2.
Motion to suspend
the session or to recess;
3.
Motion to read
any part of the rules;
4.
Motion to lay
matters on the table;
5.
Motion to
postpone to a definite date;
6.
Motion to
postpone indefinitely;
7.
Motion to
commit/re-commit to a committee.
b) All motions to adjourn or suspend the session, or to
hold executive session shall be resolved without debate.
c) When a verbal motion is presented, the Presiding
Officer shall state the same. If the motion is in writing, the Presiding
Officer shall cause it to be read by the Sanggunian Secretary before being
debated upon.
Con’t. of Resolution No. 79, Series of 2016.
-25-
d) No motion to postpone, definitely or indefinitely,
which has already failed to pass, shall again be made on the same day.
e) When a general debate on a motion or proposal is
closed, a motion to amend shall be in order.
f) A motion to read any part of the rules is equivalent
to a call to order and shall take precedence over all motions except to
adjourn, suspend or recess.
RULE XVII – DISCIPLINARY ACTIONS
SECTION 97. Penalty. Any member who commits an act in transgression of the
foregoing Internal Rules of Procedure shall be punished with the corresponding
penalties hereunder prescribed, to wit:
|
1. For disorderly conduct or behavior during a session, committee
hearing or committee meeting
2. Conviction
by final judgment to imprisonment of at least one (1) year for any crime
involving moral turpitude
3. For refusal without valid excuse to
perform the task assigned to him by
the Sanggunian or Committee of which he is a member
4.
For violation of any other provision of this Internal Rules of Procedure not specified
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1st
offense – written reprimand
2nd offense – exclusion from the
membership in the committee concerned;
3rd Offense- suspension to expulsion.
Automatic expulsion
Fifteen (15) days suspension without remuneration
Fine of not less than P500.00 but not more than P1,000.00 or
suspension of not more than fifteen (15) days without remuneration to be
deducted from Representation Allowance and Transportation Allowance (RATA)
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SECTION 98. Unparliamentary Acts, Words and Sanctions. All words and
declarations uttered or acts committed during a Sanggunian session or meeting,
which personally offend any person or public institution, shall be declared
unparliamentary. No member of the Sanggunian, during any debate or discussion,
shall use offensive or improper language or innuendoes, or employ any offensive
act, against any member of the Sanggunian, or any public officer or
institution. In case of serious or grave offense, the Sanggunian, by
a two-third (2/3)
vote of all
the members present,
may impose the
higher penalty of exclusion from the session or suspension
for not more than 60 days, without prejudice to the filing of the appropriate
administrative and or judicial complaint as maybe warranted.
Con’t. of Resolution No. 79, Series of 2016.
-26-
SECTION 99. Refusal to abide by the Rules and
Dereliction of Duties. Any member
of the Sanggunian who shall fail to observe any of these rules, shall be
declared by the Presiding Officer to be out of order. A refusal to abide by the
Sanggunian’s rules shall be deemed a dereliction of duty and shall be
punishable as such.
SECTION 100. Requisites. The
penalty of suspension or expulsion to be imposed shall require the concurrence
of at least two-thirds (2/3) vote of all the members of this Sanggunian. For
other kinds of penalty only a majority vote of all the members of Sanggunian
shall suffice.
SECTION 101. Initiation
of Action and Conduct of Investigation. The Committee on Rules shall take cognizance of all
the offenses enumerated in the preceding Section committed by any member of
this Sanggunian, both composite member and constituent member, i.e. including
the Regular Presiding Officer and shall initiate the necessary disciplinary
action. It shall forthwith conduct the necessary fact-finding investigation and
thereafter shall submit its committee report together with the corresponding
recommendation for consideration of the Sanggunian sitting en banc.
For purpose of this Section, only a
fact-finding investigation and NOT an “administrative investigation” shall be
conducted, and thus, the technical rules of court practice, procedure and
evidence shall not be applied. However, the substantive due process requirement
of fairness and reasonableness should be observed.
Should any member of the Committee
on Rules be the respondent, the Presiding Officer (regular or temporary
presiding officer, as the case may be) shall designate a replacement to
complete the membership thereof but only insofar as the conduct of the
fact-finding investigation is concerned. In performing the other functions of
the said committee, the respondent is still a member of that committee.
SECTION 102. Collection
of Fines and its Disposition. The Secretary to the Sanggunian shall collect the
fines as may be imposed by this Sanggunian and shall take custody thereof as a
private trust fund. In the disposition or disbursement of the said fund, the
Sanggunian shall convert itself into a “Committee of the Whole” and then decide
upon a majority vote of all its members how and for what purpose the said fund
would be spent.
RULE XVIII – SUSPENSION OF RULES
SECTION 103. Any
part of this “Internal Rules of Procedure”, except those prescribed by existing
laws may be suspended at any particular session by general consent or by
two-thirds (2/3) vote of the members present therein.
RULE XIX – AMENDMENTS
SECTION 104. This
“Internal Rules of Procedure” may be amended at any regular session by majority
of all members of Sanggunian provided that notice of such proposed amendment is
given to all the members of the Sanggunian, and provided further that no
provision herein which is based on, or prescribed by existing laws shall be
amended.
RULE XX – SUPPLEMENTARY RULES
SECTION 105. The
rules, procedure and parliamentary practices of the Philippine Congress and books dealing on this
subject written by Dr. Antonio Orendain and Handbook
on Local
Con’t. of Resolution No. 79, Series of 2016.
-27-
Legislation
by Reverendo Dihan among others, shall
serve as supplementary authorities of this Sanggunian but only insofar as they
are not incompatible with the rules and procedures adopted herein.
RULE XXI – REPEALING CLAUSE
SECTION 106.
In case, any part of the provisions
of this Rules, shall be held invalid or inconsistent with the Local Government
Code and other related laws, other parts or provision hereof that are not
affected thereby shall continue to be in
full force and effect.
RULE XXII – EFFECTIVITY
SECTION 107. This
“Internal Rules of Procedure” shall take effect on the date of its adoption.
APPROVED UNANIMOUSLY, July
20, 2016.
AQUILINO Y. CORTEZ, JR.
City Vice-Mayor &
Presiding Officer
SARAH LUGERNA LIPUMANO-GARCIA BENJAMIN G. CAJUDO II
City Councilor City Councilor
NOEL Y. ATIENZA EDUARDO G.
GUERRERO
City Councilor City Councilor
ALREUELA M. BUNDANG-ORTIZ EDNA A.
ELANE
City Councilor City Councilor
EMERITO
LINUS D. BACAY EDUARDO J. PIANO
City
Councilor
City Councilor
BASILIO D. PALO
JEROME MICHAEL S. BACAY
City Councilor City
Councilor
RANDY C. SIONZON EGMIDIO M. GONZALES, JR.
President, Liga ng mga Barangay Indigenous Peoples Mandatory
Representative
Con’t. of Resolution No. 79, Series of 2016.
-28-
ATTEST:
MILDRED C. MONJE
Temporary Council Secretary
APPROVED BY
HIS HONOR, THE CITY MAYOR ON________________________________.
ROLEN C. PAULINO
City Mayor
ATTEST:
SHEILA
R. PADILLA
Secretary to the City Mayor
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