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Reso 2010 19 2010-2013 irp (minutes)
1. INTERNAL RULES AND PROCEDURE 2010 - 2013
Resolution No. 2010 – 19
July 12, 2010
x-------------------------x
MINUTES OF THE 03rd REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BUSTOS,
BULACAN HELD THIS 12TH DAY OF JULY, 2010 IN THE AMADO RAYMUNDO SESSION
HALL
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
RESOLUTION
AMENDING THE INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG
BAYAN OF BUSTOS, BULACAN 2010 - 2013
Author: Honorable Orlando L. De Guzman
WHEREAS, in order to meet its ends and accomplish its purposes in the manner
that ensures effectiveness and efficiency, it is imperative for a legislative body to adopt
a system of conducting business and rules to govern its proceedings, which are
necessarily subject to the common parliamentary law where it does not conflict with its
own special rules or the needs peculiar to it;
WHEREAS, parliamentary law has been so changed and are constantly being
made in the written rules which our legislative bodies have found best to adopt;
WHEREAS, the 2010 – 2013 Sangguniang Bayan of Bustos, Bulacan, after a year
of conducting its legislative affairs, found it evident that its rules and practices must be
modified in some respects and to some extent for which it may expedite its business at
par 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 adopted
unanimously by all Sangguniang Bayan Members present:
BE IT RESOLVED, as it is hereby RESOLVED, by the Sangguniang Bayan of
Bustos, 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
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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 or
hearings 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.
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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 establishment
of appropriate organizational systems to best utilize their talents and skills to enhance
institutional 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.
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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
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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;
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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
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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
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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/she
shall be suspended on first offense and dismissed on second offense by the Municipal
Vice 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
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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.
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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.
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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 securing
permission from the author. If permission is secured from the author prior to the time
the measure is filed with the Secretary, the primary author and the co-author shall sign
the proposed measure, which shall be.
(d) If a Sangguniang Bayan Member wishes to become the co-author of a
proposed measure after it has been filed, no action shall be required by the plenary, but
it shall be the duty of the Sangguniang Bayan Member seeking to be a co-author to
obtain written authorization from the author. This authorization shall be filed with the
Secretary 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 a
measure 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 who
moved for the adoption or passage of the proposed measure in the plenary during the
Second 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.
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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
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(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;
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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 the
plenary unless accompanied by the minutes of the committee meeting or committee
hearing 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
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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 the
proposed legislation or the persons who submitted the subject matter of the action the
committee has taken.
(c) Five (5) Sangguniang Bayan Members may, however, move for the inclusion
of the unfavorable committee report in the Order of Business of the following session, in
which 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
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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.
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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.
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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:
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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
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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.
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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
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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.
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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
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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;
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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.
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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
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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.
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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
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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
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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;
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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:
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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.
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