Internal Rules of Procedure 2016 2019

OFFICE OF THE SANGGUNIANG BAYAN Magpet, North Cotabato

TABLE OF CONTENTS INTERNAL RULES OF PROCEDURES 9TH SANGGUNIANG BAYAN OF MAGPET PROVINCE OF COTABATO Page # RULE I - THE DECLARATION OF POLICY (Section 1-2) ……………………..............

1

RULE II - THE MEMBERS (Section 1, 2-5) ……………………………………………………

1, 2

RULE III - THE PRESIDING OFFICER (Section 1-4) ………………………………………..

2

RULE IV - THE SECRETARY (Section 1, 2) …………………………………………………….

2, 3

RULE V – OTHER OFFICERS (Section 1-3)…………………………………………………….

3-4

RULE VI - COMMITTEES AND COMMITTEE REPORTS (Section 1 a-g, h-n, o-q)…. 4, 5, 6 RULE VI - COMMITTEES AND COMMITTEE REPORTS (Section 2-6)……………..

6

RULE VI - COMMITTEES AND COMMITTEE REPORTS (Section 7-13)…...........

7

RULE VI - COMMITTEES AND COMMITTEE REPORTS (Section 14-21)………….

8

RULE VII – THE SESSION (Section 1-10) ……………………………………………………….

9

RULE VIII– ROLL CALL & QUORUM (Section 1-6)…………………………………………

10

RULE IX- ORDER OF BUSINESS (Section 1)…………………………………………………..

10

(Section 2-4)……………………………………………………………

11

(Section 5-10)………………………………………………………….

12

RULE X – QUESTION HOUR AND / OR APPEARANCE OF HEAD OF …………….

DEPARTMENT (Section 1-4) ……………………………………………………………………..

13

RULE XI - LEGISLATIVE PROCESS (Section 1) ………………………………………………

13

(Section 2, 3-4) ……………………………………………………………………….

RULE XII - VOTES AND VOTING (Section 1-8) ………………………………………………

14, 15 16

OFFICE OF THE SANGGUNIANG BAYAN Magpet, North Cotabato

(Section 9-11) ……………………………………………………………………………

17

(Section 12-13) …………………………………………………………………………

18

RULE XIII - RULES ON DEBATES AND AMENDMENTS (Section 1-2) ………………

18

(Section 3-12, 13-17) ………………………………………………………...

19, 20

RULE XIV - DECORUM (Section 1-7) ………………………………………………………………

20

RULE XV - JOURNAL AND RECORD OF PROCEEDINGS (Section 1-6) ……………..

21

Rule XVI - RULES ON MOTION (Section 1-7) …………………………………………………

22

(Section 8-10) …………………………………………………………………………..

23

(Section 11 – Procedure and Rules of Motion) ……………………………………….. 23-28 RULE XVII - DISCIPLINARY ACTIONS (Section 1, 2-5, 6) …………………………. 28, 29, 30 RULE XVIII- UNFINISHED BUSINESS AT THE END OF THE SESSION (Section 1-3) ………………………………………………. 30 RULE XIX - PAPERS AND DOCUMENTS (Section 1-2) …………………………………...

30

RULE XX – SUSPENSION OF RULES (Section 1) …………………………………………….

30

RULE XXI – FINAL PROVISIONS (Section 1, 2) ……………………………………………….

30, 31

RULE XXII - EFFECTIVITY (Section 1-2) …………………………………………………………… 31 STANDING COMMITTEES OF THE 8TH SANGGUNIANG BAYAN ……………………… 32

Republic of the Philippines Region XII Province of Cotabato Municipality of Magpet OFFICE OF THE SANGGUNIANG BAYAN Excerpt from the minutes of the Inaugural Session of the 9 th Sangguniang Bayan of Magpet, Cotabato held at the SB Session Hall on the 4 th day of July, 2016.

Present: Hon. Rogelio L. Marañon Hon. Jun L. Lobaton Hon. Godfrey V. Acupan Hon. Vicenta R. Yunting Hon. Ramiel R. Apostol Hon. Marilyn B. Mamon Hon. Manuel M. Aboy, Jr. Hon. Florentino R. Villasor Hon. Rodolfo C. Anib Hon. Antonio P. Takinan

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Vice-Mayor, Presiding Officer SB Member SB Member SB Member SB Member SB Member SB Member SB Member SB Member SB Member (IP Representative)

Absent: Hon. Elmar S. Manumba

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SB Member (ABC President)- O.B.

ORDINANCE NO. 348-S-2016 Be it enacted by the Sangguniang Bayan of Magpet, Cotabato in session assembled that:

Section 1. The Internal Rules of Procedures of the Sangguniang Bayan of Magpet, Cotabato is hereby adopted to ensure the orderly sessions and in enhancing quality legislations:

INTERNAL RULES OF PROCEDURES 9TH SANGGUNIANG BAYAN OF MAGPET PROVINCE OF COTABATO Rule I The Declaration of Policy Section 1. Short Title: This Ordinance shall be known as the “Internal Rules of Procedure of the 9th Sangguniang Bayan of Magpet, Cotabato” Section 2. Declaration of Policy. The goal of the Sanggunian is to enact resolutions and ordinances that will respond to the needs and aspirations of the people based on the established rules and procedures that will govern its conduct in the performance of its role and functions.

Rule II THE MEMBERS Section 1. The members of the Sangguniang Bayan shall assume noontime of June 30, 2016 and in the manner provided for by the law, and shall hold the same until their successors shall have been duly chosen and qualified. They shall, on the 1

day and the time fixed by ordinance, meet at the designated place for the holding of the meetings of the Sanggunian and proceed to do business forthwith.

Section 2. The Sanggunian may punish its members for disorderly behavior and absence without justifiable cause for four consecutive meetings, for which they may be censured, reprimanded, or excluded from the session hall, or, with the concurrence of at least two- thirds of all members of the Sanggunian , be suspended or expelled , provided that a member convicted by final judgment to imprisonment of at least one year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian.

Section 3. Every member shall be present in the session hall of the Sanggunian during its meetings unless expressly excused by it or necessarily prevented from doing so by reason of sickness or other unavoidable circumstances duly reported to the Sanggunian, through the presiding officer or the secretary.

Section 4. Every member shall participate in the exercise of the powers vested in, and in performing, the duties imposed upon, the Sanggunian as a body, and shall present the interest of the people of the entire municipality.

Section 5. Every member present at a meeting shall vote on every question put unless he has a direct personal or pecuniary interest therein.

Rule III THE PRESIDING OFFICER Section 1.The vice mayor shall be the presiding officer of the Sanggunian and, as such, shall have the following rights and duties: a. To preside over the meeting of the Sanggunian. b. To preserve order and decorum during the meetings and to exact from all present due respect and proper deportment, prevent disturbance and disorder, and to order the session hall cleared of any or all behaving improperly. c. To decide all question of order, subject to appeal by any member. d. To sign all draft ordinances and resolutions passed by the Sanggunian, and all order, proceedings and warrants issued by order of the Sanggunian. e. To declare the meeting adjourned to some other time or place in case of serious disorder or great emergency.

Section 2.The presiding officer shall assist in expediting the business of the Sanggunian and shall, for this purpose, be permitted to make brief remarks on matters pertaining to pending debatable questions without expressing himself for or against said questions.

Section 3. As presiding officer, the Vice Mayor is entitled to vote but only to break a tie. He may not, however, be compelled to vote.

Section 4. To relinquish the Chair to the Presiding Officer Pro-Tempore or in the latter’s absence, to any member of the Sanggunian who shall act as “temporary presiding officer�.

Rule IV THE SECRETARY Section 1. There shall be a secretary to the Sanggunian. He shall keep his office in the building where the Sanggunian meets or at some other convenient place as the Sanggunian may direct. Apart from the functions inherent to his position, his duties shall be as follows; 2

a. Attend meetings of the Sanggunian and keep a journal of its proceedings. b. Keep the seal of the local government unit and affix the same with his signature to all ordinances, resolutions, and other official acts of the Sanggunian and present the same to the presiding officer for his signature. c. Forward to the governor copies of ordinances and resolutions passed by the Sanggunian and duly certified by the presiding officer. d. Forward to the Sanggunian Panlalawigan, for review, within three days after approval, copies of approved ordinances and resolutions on local development plans and public investment programs formulated by the local development councils. e. Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the treasurer of such fees as may be prescribed by ordinance. f. Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sanggunian, with the dates of passage and publication thereof. g. Keep his office and all non-confidential records therein open to the public during the usual business hours. h. Translate into the dialects used by the majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version in the manner provided for by law. i. Assume custody of the local achieves and, where applicable, the local library and annually account for the same. j. Transmit official copies of approved ordinances with penal sanctions to the chief executive officer of the Official Gazette in the manner provided for by law. k. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position.

Section 2. If the secretary is absent or hindered by physical reasons to perform some of his duties , such as minutes of meetings , resolutions , ordinances , and other documents or papers , the same may be performed by some other person who may be designated for the purpose by the presiding officer.

RULE V OTHER OFFICERS Section 1. The Presiding Officer Pro-Tempore. Hon. Councilor Jun L. Lobaton, being the senior SB Member, is the Presiding Officer Pro-Tempore of the 9th Sangguniang Bayan of Magpet. “Presiding Officer Pro-Tempore” who, without losing his status as a regular member, shall exercise all the powers, duties and functions of the Presiding Officer.

Section 2. In the event of inability of the regular Presiding Officer and the Presiding Officer Pro-Tempore to preside over the Sanggunian Session, the members thereby constituting a “quorum” shall elect from among themselves a “temporary Presiding Officer.”

Section 3. Duties and Powers of the Presiding Officer Pro-Tempore or the Temporary Presiding Officer. The Presiding Officer Pro-Tempore or the Temporary Presiding Officer, as the case maybe, shall certify within ten (10) days from its 3

passage any ordinance or resolution adopted by the Sanggunian in the session which he presided.

RULE VI COMMITTEES AND COMMITTEE REPORTS Section 1. The Sanggunian shall have the following standing committees organize each composed of not more than three (3) members. They shall be composed of a Chairperson, Co-chairperson and a member. a. COMMITTEE ON FINANCE , BUDGET AND APPROPRIATION All matters relating to fiscal; monetary and financial affairs of the Municipal Government ; including tariff taxation, revenues , borrowing, credit and bonded indebtedness ; fund for the expenditure of the Local Government and for the payment of indebtedness and the classification of positions and determination of salaries , allowances and other fringe benefits of the Local Government Unit personnel. b. COMMITTEE ON WOMEN AND FAMILY All matters relating to women’s right , protection and welfare, employment and working conditions and their role in nation building and children’s rights , protection and welfare as well as the strengthening of the family as the basic social institution. c. COMMITTEE ON HUMAN RIGHTS All matters or questions pertaining to the promotion and protection of human rights and other issues that affect the human right condition of our people. c. COMMITTEE ON YOUTH AND SPORTS DEVELOPMENT All matters relating to the welfare and interest and development of the youth; promotion of moral, physical, intellectual and social well being and sports development in general. d. COMMITTEE ON ENVIRONMENTAL PROTECTION & TOURISM All matters relating to the protection of the environment; ecosystem management and pollution ; exploitation , utilization and management of natural , marine and aquatic resources , wild life conservation; lands of public domain; mines and minerals, forest and reservations. Review plans and programs on Tourism Development & the promotion of tourism; f. COMMITTEE ON COOPERATIVES & LIVELIHOOD All matters relating to the promotion, growth and development of cooperatives in the Municipality; participation of various groups; business sector, non-government organization (NGO); People’s Organization (POs) and other sectors of the community in the session and deliberations of the Sanggunian or any of its committees on vital issues and concerns ; accreditation of cooperatives in accordance with existing guidelines; conduct of in-depth research and analysis as well as recommend which sector require representation in the Sanggunian as provided for and allowed by the Local Government Code. g. COMMITTEE ON RULES AND PRIVILEGES All matters pertaining to Sanggunian Internal Rules and Violation thereof; Order of Business and Calendar of Business, disorderly conduct of members and investigations thereof; privileges of members; creation of committees and their jurisdictions.

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h. COMMITTEE ON ORDINANCES AND LEGAL MATTERS All matters relating to the enactment, revision or amendment of all kinds of ordinances except appropriation ordinance; exercise of the legislative powers (taxing power, police power, corporate powers and propriety rights) legality of proposed measures to be acted upon by the Sanggunian; review of ordinances and resolutions submitted by lower level of Local Government Unit; accreditation of NGO’s /Pos and other duly organized groups. h. COMMITTEE ON PEACE AND ORDER AND PUBLIC SAFELY All matters relating to peace and order, civil defense; police and military force and agencies including private security agencies; management and operation of detention cells, fire and public safety; including the fire prevention, disaster preparedness and other safety measures. i. COMMITTEE ON HEALTH AND SOCIAL WELFARE All matters relating to health and hygiene, sanitation, population, family planning, medical hospital and quarantine facilities and services as well as other health related issues and concerns. j. COMMITTEE ON AGRICULTURE All matters relating to agriculture, agribusiness, agricultural economics and research, soil survey and conversion; irrigation; agricultural education, fertilizer and pesticides; extension services, animal and livestock industry, farm credit and farm security, crop, fruit, and livestock quarantine , insurance and guarantee schemes. k. COMMITTEE ON EDUCATION AND CULTURAL DEVELOPMENT All matters relating to education, schools, non-formal and community adult education, development and advancement of science and technology, scientific and technological research; and the preservation enrichment and dynamic evolution of the Filipino Arts and culture. l. COMMITTEE ON GOOD GOVERNMENT, PUBLIC ETHICS AND ACCOUNTABILITY All matters relating to organization and management ; personnel administration , position clarification and pay plan, staffing patters; creation of positions; Policy formulation for the economical, efficient and effective local government administration; conduct of ethical standards for local officials and employees , public accountability of local officials and employees and all other matters related to good governance. m. COMMITTEE ON TRADE, COMMERCE & INDUSTRY All matters or questions pertaining to or connected with the following: Establishment/operation of all kinds of trade and industry; Measures that affect trade, commerce and industry, Incentives to promote trade, commerce and Industry, regulation and supervision of business concessions and security services for such facilities and all other matters related to trade , commerce and industry. Measures pertaining to the administration, operation of public market and slaughterhouse charges; improvement of market facilities and its premises and all other matters related to market and slaughterhouse. n. COMMITTEE ON PUBLIC WORKS, TRANSPORTATION & COMMUNICATION. All matters or questions pertaining to or connected with the following: construction, maintenance and repair of roads, bridges and other government infrastructure projects; measures that pertain to drainage and 5

sewerage systems and similar projects; all other matters related to public works and infrastructure projects. Regulate the operation of tricycles and grant of franchise for operation thereof within territorial jurisdiction; regulate operation of communication and transportation facilities and all other matters affecting transportation and communication services. o. COMMITTEE ON HOUSING AND LAND UTILIZATION All matters or questions pertaining to or connected with Zonification, Zoning code enactment, squatter problem. Boundary disputes; and all other matters related to housing and land utilization. p. COMMITTEE ON BARANGAY AFFAIRS All matters or questions pertaining to or connected with the following: Naming or renaming of barangays; naming or renaming of barangay roads and all other matters related to Barangay government affairs. q. COMMITTEE ON INDIGENOUS CULTURAL COMMUNITIES All matters or questions pertaining the welfare or conditions of indigenous cultural communities, particularly programs and services that promotes development on their sector.

Section 2. Creation of Committees - The following rules shall be observed in the creation of committees: a. A regular or standing committee may be created or re-organized by a 2/3 vote of all the members of the Sanggunian: b. The Presiding Officer may recommend the creation or reorganization of any regular or standing committee. The Sanggunian shall act on his recommendation without debate and vote on it immediately: c. A special or Ad Hoc committees may be created upon the initiative of the Chair or any member subject to the affirmative votes of a majority of the members present, there being a quorum: Section 3. Special Committee – Special Committee or Ad Hoc Committee may be created upon the initiative of the Chair or any member subject to the affirmative vote of a majority of the members present, there being a quorum.

Section 4. Restriction on Composition of Committee – The presiding Officer shall not be a member of any regular committee. However, the body may designate him as Chairman of an 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 other person other than Sanggunian members shall be made a member of any regular committee.

No member shall participate in the committee’s deliberation if he has a direct or indirect pecuniary interest on the matter being handled by that committee.

Section 5. Committee Hearing or Public Hearings. No tax ordinance or revenue measure shall be enacted by this Sanggunian in the absence of a public hearing duly conducted by the committee concerned.

Section 6. Committee Meetings. As a general rule, a committee meeting shall be attended only by the committee members unless majority members thereof

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decided to allow other persons to be present especially invited resource persons or consultants.

Section 7. 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 to be 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 different task, the committee is not precluded from inviting and seeking advice from technical persons.

Section 8. Quorum. A majority of all the members of the committee shall constitute a quorum to do business.

Section 9. Calling a Committee Meeting. A committee meeting may be called by the following: a. Chairman b. Vice-Chairman , if he 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 10. 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 11. Appearance of Head of Department / Offices in Committee Meeting.

The following rules shall be observed in requesting for the appearance of heads of department or offices: a. Offices invitation or request by any committee to appear before it of any head of department or offices, whether local or national, shall be coursed thru the Presiding Officer. The Presiding Officer shall then endorse it to the local head of national offices in this locality. b. The invitation or request shall specify the reason for such appearance or the assistance needed, as the case may be.

Section 12. Each committee shall be composed of a Chairman, a Vice Chairman as such number of member as may be determined by the Sanggunian, provided that the sectoral representatives shall IPSO FACTO chair the committees corresponding to their respective sectors. The President of the Liga ng mga Barangay and Sangguniang Kabataan Federation president shall similarly chair the committee on barangay affairs and youth and sports development respectively.

Section 13. Ordinances requiring direct appropriation of public funds, if favorably reported by the committee to which it was initially committed by the 7

presiding officer, shall be referred to the committee on finance, budget and appropriation, or its equivalent, for its action on so much of the proposed measure requiring appropriation of public funds.

Section 14. Submission of the committee report. Every committee to which a particular measured is referred by the presiding officer shall submit its report in writing to the Sanggunian, thru the Secretary, after finishing its task.

Section 15. Joint Committee or Multiple Committee Report. When a 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 a separate report thereon.

Section 16. Committee reports shall be adopted formally. Securing signatures of committee members in lieu of a formal meeting is prohibited.

Section 17. A committee member, unless he has entered his objections to the committee 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.

Section 18. A committee, reporting out a proposed ordinance, shall submit a copy of its report and a copy of the proposed ordinance to the committee on rules which shall calendar the same for second reading. Copies thereof shall also be furnished every Sanggunian member preparatory to its consideration on the floor.

Sec. 19. Contents 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 ( preferably, in the form of resolution ) e. Names and Signatures of concurring members f. Appendices (Minutes of the committee hearing or meetings, as the case may be.)

Sec. 20. 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 to refer to it. Upon motion by any member, the said measure shall be reassigned to another committee or submit to the body for proper disposition.

Sec. 21. Recommitting a Measure. When the Sanggunian is not satisfied with the report of the other committee on a measure referred to it, the same may be re-committed or return back to the committee for further study.

RULE VII THE SESSION 8

Section 1. The regular session shall commence promptly at 2:00 o’clock in the afternoon every Wednesday at the session hall of the Sanggunian; provided that in the case the regular session falls on a holiday, the next working day shall be considered a session day.

Section 2. Special sessions may be called by the Mayor or by a majority of the members of this Sanggunian.

Section 3. A written notice to the Sanggunian members stating the date, time and purpose of the session shall be served personally or left with a member of his household at his usual place of residence at least twenty four (24) before a special session is held.

Section 4. 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 5. All sessions shall be opened to the public unless a closed door session is ordered by an affirmative vote of a majority of the members present, their being a quorum, in the public interest or for reasons of security, decency, or morality.

Section 6. No two (2) sessions, whether regular or special, may be held in a single day.

Section 7. Adjourned Session. An “adjourned session" may be held: a. By a majority of the members present in a session where there is NO quorum wherein they may decide to adjourn from time to time, or day to day, and order to obtain the necessary quorum. b. By a majority vote of the members present in any regular or special session, there being a quorum, in order to finish very important business which needs immediate action.

Section 8. Attendance to the Session. Every member shall be present in all sessions of the Sanggunian unless prevented from doing so by sickness or other unavoidable circumstances duly reported to the Sanggunian through the Secretary to the Sanggunian. Members who are on official business outside Magpet are required to submit a report to the Sanggunian regarding the accomplishment of their official business.

Section 9. Voting. Every member present in session shall vote on every question unless he inhibits himself on account of direct or indirect pecuniary interest therein.

Section 10. Recess and adjournment of session. Session shall not be adjourned except by direction of the Sanggunian , but the Presiding Officer, may in his discretion, declare a recess of short interval, subject to Rule III section 1 (e) .

RULE VIII ROLL CALL AND QUORUM 9

Section 1. Roll Call. Upon every call, the names of the members shall be called alphabetically by surnames, except when two or more have the same surname, in which case, the full name shall be called. Any member who, at the time the secretary to the Sanggunian calls the roll is not inside the session hall shall be marked as “absent” provided that if he appears after the roll call and explains the reason of his tardiness, the Presiding Officer shall at his discretion, direct the Secretary to the Sanggunian to change his status from “absent” to “present” with an indication that he is late.

Section 2. Quorum. A majority of the members of the Sanggunian who have been elected and qualified shall constitute a quorum to transact official business.

Section 3. In computing the presence of “quorum”, the term majority shall be based on the actual membership of incumbents in the Sanggunian which shall exclude the following: - A member who is abroad or on official leave of absence - A deceased member - A member who has resigned - A member who has been suspended or expelled or removed by final judgment Section 4. In the absence of a quorum after calling the session to order, the Presiding Officer may perform any of the following: -

He may adjourn the session from hour to hour if he would like to wait for the members who may be late in coming to the session.

He may adjourn the session from day to day; or He may adjourn the session for lack of quorum.

Section 5. No quorum during the session. During a session which was started with a quorum and a question on the lack of quorum is raised by any members, the presiding officer shall immediately cause the reading of the roll call of members, then announce the result thereof and then declare whether or not there exist a quorum.

Section 6. In the absence of a quorum. In the absence of a quorum after the roll call, the members present may compel the attendance of absent members.

Except those whose attendance are excused, the absentees, by order of the majority of those present, shall be sent for and arrested whenever they may be found and conducted to the session hall in custody to secure their attendance at the session.

If there is still no quorum despite the enforcement of the immediately preceding paragraph, no business shall be transacted. The Presiding officer may, motu propio, or upon proper motion duly approved by the members, shall then declare, the session adjourn for lack of quorum.

Rule IX ORDER OF BUSINESS Section 1. The order of business of this Sanggunian shall be as follows: a. Call to order 10

b. Invocation c. Pambansang Awit d. Singing of the Awit ng Magpet e. Recitation of Councilor’s Creed f. Roll Call g. Amendment/approval of the agenda h. Question Hour i. Privilege Hour j. Reading and consideration of the minutes of the previous session k. Urgent Matters l. Reading and referral of proposed measures (Ordinance and resolutions): petitions: letters and other communications m.

Committee Reports n. Calendar of Business …. Unfinished business …. Business for the day …..2nd Reading …. 3rd and Final Reading …. Unassigned Business o. Announcement p. Adjournment Section 2. The Calendar of Business shall be prepared by the Committee on Rules and a copy thereof shall be furnished to every member of this Sanggunian not less than one (1) day before the date of the regular session. The Presiding Officer shall cause the office of the Secretary to the Sanggunian to provide the necessary administrative support or secretarial services to the Committee on Rules and other standing or special committees.

Section 3. The Calendar of Business shall contain the Following: a. Unfinished Business ---- refers to proposals or measures that have been left unacted upon, postponed or left unfinished during the previous meeting or session. This also includes items of business left unfinished or unacted upon the end of the term of the previous administration. b. Business for the Day---- refers to a list of items that have been reported out by the committees and are ready for deliberation on "second reading" as determined by the Committee on Rules. This also includes items for the body's decision on "third and final reading". c. Unassigned Business---- refers to pending matters or measures including new ones arising out during the deliberation but not yet assigned or referred to any committee for appropriate action.

Section 4. The Calendar of Business shall contain brief description of the item of business to be taken up during the regular session including, but not limited to the following: 11

‌. The title of the proposed ordinances or resolution; name of the sponsor or authors and the committee to which it was referred or the committee sponsored it. ‌. In the case of petitions, letters, endorsement and other communications, the source or the name of senders.

Section 5. In rendering committee reports, priority shall be given to regular committees (a.k.a. standing committees) to be followed by special (a.k.a. Ad Hoc) committees.

Section 6. As general rule, committee reports shall be rendered by its Chairman, unless he dissents with the majority decisions. In his absence, the Vice Chairman shall take his place. If neither of them is present the committee member concurring with the report and duly designated by the said committee shall render the report.

Section 7. 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 Committee on 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 it is "filed away" which means in layman's language that the proposal will be filed in the archive of the Sanggunian.

Section 8. As a general rule, no member of the committee shall oppose or object to the report of his committee unless he submits his dissenting opinion to the majority decision in writing or orally in open session before the said committee render its report. Otherwise, he shall be precluded to oppose it on the floor.

Section 9. Deviation from the prescribed Order of Business maybe done only under the following circumstances: a. When the Sanggunian decided to suspend the rules thru an "assumed motion" by the Chairman 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 a two-thirds (2/3) vote of the members present. b. When the measure to be acted upon by the Sanggunian is "certified by the local chief executive as urgent", which shall have priority over all items of business, and shall be considered without need of suspending the rules or even if it is not included in the calendar of business.

Section 10. Deadline for inclusion in the agenda. All items for inclusion in the agenda or order of business of the session shall be submitted to the Sangguniang Bayan Secretariat not later than 9:00 o’clock in the morning of every Tuesday. No communication/documents from other offices/agencies will be received after 5:00 P.M. Documents/Communication with incomplete attachments shall not be officially received unless otherwise decided by the direct supervisor (SB Secretary & ViceMayor).

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RULE X QUESTION HOUR AND /OR APPEARANCE OF HEAD OF DEPARTMENT Section 1. Appearance upon initiative of Department Head. When a Department Head desires to appear before the Sanggunian on any matter pertaining to his department , he may, with consent of the Municipal Mayor , notify the Sanggunian through the Presiding Officer who, with the concurrence of the Sanggunian , may set the date and hour for his/her appearance.

Section 2. Appearance upon request of the Sanggunian. A Department Head or any person may be requested to appear before the Sanggunian, in aid of its legislation, and be heard by it on any matter pertaining to his department or on any issue of general interest. The request shall state specifically the question or questions to be answered and the date and hour for his appearance. His appearance shall be scheduled at least three days from receipt of the request. The Sanggunian may also conduct inquiries in aid legislation on any matter for general interest in accordance with this Rules and and/or Rules of Procedure it may adopt governing the conduct of said inquiries.

The Order of Business shall specify the subject of the questions, the Department Head requested to answer it and the proponent thereof.

Section 3. Day of Appearance. The appearance of Department Head shall be scheduled on any session and on such other day as may be determined by the Presiding Officer or a majority of the members of the Sanggunian after the reading of the Order of Business. The Department Head may answer the questions directed to him either orally or in writing.

Section 4. Written questions shall be submitted to the Presiding Officer in triplicate. Questions of an urgent nature of those relating to current issues shall be given priority.

Rule XI LEGISLATIVE PROCESS Section 1. Rules in the enactment of the ordinance and adoption of resolution.

In the enactment of ordinance 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 resolutions. b. Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause and the date of its proposed effectively. 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 and submitted to the secretary to the Sanggunian at its next meeting.

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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 all the Sanggunian members. 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 certified as urgent by the local chief executive. e. Any legislative matter duly certified by the local chief executive as urgent whether or not it is included in the calendar business may be presented and considered by the Body at the same meeting without need of suspending the rules. f. The secretary to the Sanggunian shall prepare copies of the proposed ordinance or resolutions in the form it was passed on second reading, and shall distribute to each sanggunian member a copy thereof except that a measure certified by the local chief executive concerned as urgent may be submitted for final voting immediately after debate or amendment during the second reading. g. No ordinance or resolutions passed by the Sanggunian in a regular or special session duly called for the purpose, shall be valid unless approved by the majority of the members present, there being a quorum. h. Upon the passage of all ordinances and resolutions directing the payment of money or creating a liability, and at the request of any member of any resolutions or motion, the Sanggunian shall record the ayes and the nays. Each approved ordinance or resolutions shall be stamped with a seal of the Sanggunian and recorded in a book kept for purpose.

Section 2. Approval of Ordinances and Veto Power of the Local Chief Executive.

The approval of the ordinance by the (Governor/Mayor), as the case may be, and the exercise of his veto power shall be governed by the following rules: a.

Every ordinance enacted by the Sanggunian shall be presented to the (Governor / Mayor) for his approval. If he approves the same, he shall affix his signatures on each and every page thereof otherwise, he shall veto it and return the same with the 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 Mayor to the Sanggunian within. …. Fifteen (15) days [in the case of the Province] …. Ten (10) days [in the case of the Municipality] Otherwise, the ordinance shall be deemed approved as if he 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 reasons thereof in writing. d. The Mayor shall have the power to veto any particular item or items of an appropriation ordinance or resolution adopting a local 14

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 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 reenacted.

Section 3. Three-Reading Principle. The so-called “three-reading principle” which is commonly adopted in legislative bodies shall also be followed by this Sanggunian. Hence, as a general rule, before an ordinance is finally enacted, it shall undergo the following stages. a. First Reading. At this stage, the secretary shall read the number of the proposed draft ordinance (e.g. Draft Ordinance No.________): its title; name of the author or authors or the name of the members introducing it. Thereafter, the Presiding Officer shall refer it to the appropriate committee with or without instructions. At this stage no debate shall be allowed. b. Second Reading. At this stage, any proposed ordinance that has already been reported out by the concerned committee and has been calendar by the Committee on Rules for “second reading” may be sponsored by the reporting committee chairman, or any committee member designated for that purpose. Since every member of the Sanggunian is supposed to have been furnished a copy thereof, the proposed ordinance may no longer be read in full unless the sponsoring committee or the Sanggunian itself decided otherwise.

After the usual sponsorship speech has been delivered, the proposed ordinance shall be subjected to the following: …. Period of Debate …. Period of Amendment …. Approval on “second reading” c. Third (Final) Reading. At this stage, the secretary shall read the proposed draft ordinance by its number, title and the name of its sponsor or co-sponsor, if any. Immediately thereafter, the Presiding Officer shall put the proposed ordinance to a vote. The Presiding Officer shall then formally announce the result thereof and directs the secretary to enter it in the record.

Section 4. Method 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. b. c. d. e.

By voice (viva-voce); By raising of hand (a.k.a. show of hand) By raising By ballot By nominal voting (a.k.a. roll call) Rule XII 15

VOTES AND VOTING Section 1. Voting on the Question. Whenever a normal voting (or roll call voting) is being applied, the secretary shall call the roll members either in alphabetical order, by rank, or representative districts. As each name is called, the members shall announce his vote by stating “YES” or “NO”, as the case may be. As a general rule, a member may explain his vote but not to exceed three (3) minutes.

A second rule may be requested by any member from the Chairman but this time only the names of those who failed to vote shall be called. This is to give another opportunity to those who failed to cast their vote to exercise there right and also to determine the number of members who might have violated the “rule of abstention”.

After this second roll call, no other request of the same kind shall be entertained by the Chairman.

Section 2. Voting Restriction. No member can vote, or be allowed to vote, on any member in which he or any of his relatives within the third degree of consanguinity or affinity, has a direct or personal pecuniary interest. This rule, however, does not apply in voting for elective positions in the Sangguinan where a member, can vote for himself.

Section 3. Change of Vote. A member may change his vote but only when the result of the voting has not yet been announced by the Chairman.

Otherwise, he can only change his vote by a unanimous consent of the member present. Provided that this rule shall not be applied if voting is by ballot.

Section 4. Vote by Late-comer. A member who comes-in late during the session but who happens to arrive while voting is in progress shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chairman.

Section 5. Allowable Motion during the Voting. Except for a motion pertaining to a question of quorum, no other motion shall be entertained by the Chairman while it is in progress.

Section 6. Tie Vote. A tie vote resulting from a vote taken on any motion, measure or proposal shall be construed to men that 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 it resulted to a tie. In this case the vote is considered to sustain the decision of the Chair.

Section 7. Breaking a Tie. In case of a tie, the Presiding Officer of this Sanggunian is allowed to cast his vote if he so desires. He is, however, precluded under existing laws to cast his vote in order to create a tie.

Section 8. Majority Vote of All the Members. As provided for under R.A. 7160 and its implementing rules and regulations, “a majority vote of all members of the Sanggunian” is required in the following circumstances:

For Sanggunian Bayan:

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a. Enactment of ordinances levying taxes, fees or charges prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or relief. (Sec. 447, RA 7160 par. 2-ii). b. Adoption of resolution authorizing the Mayor to negotiate and contract loans and other forms of indebtedness. (Par. 2-iii, Ibid.) c. Enactment of ordinance authorizing the floating of bonds or other instruments of indebtedness for the purpose of raising funds to finance development projects. (par. 2-iv, Ibid.) d. Adoption of resolution authorizing the Mayor to lease to private parties such as building held in a proprietary capacity subject to existing laws, rules and regulations.(par. 2-v, Ibid.) e. Enactment of ordinance granting a franchise to any person, partnership, corporation, or cooperative to establish, construct, operate, and maintain ferries, wharves, market or slaughterhouses, or such other similar activities within the municipality as may be allowed by applicable laws. Provided, that cooperatives shall be given preference in the grant of such franchise. (Par.3-vii, Ibid.) f. Adoption of resolution concurring with the appointments issued by the Mayor to heads of departments and offices as required under RA 7160.(Sec.443, RA 7160, par. D)

Section 9. Majority of the Members Present (thereby constituting a Quorum).

Except as provided in Sec. 8 hereof, all other legislative matters or measures shall require only a “majority vote of the members present therein having a quorum” for its passage, adoption or enactment, as the case may be.

Section 10. Plurality Vote. A decision of the Sanggunian thru a “plurality vote” shall be valid only and enforceable if it is the result of an election of officers of the Sanggunian or members of committees. No legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this Sanggunian thru a mere plurality vote.

Section 11. Percentage Vote. For purposes of this Section, a percentage vote shall be construed to mean a “proportion of a certain whole”. Percentage vote shall be applied in the following: a. A two-thirds (2/3) vote of all the members of this Sanggunian shall be required in overriding the veto of the LCE for any ordinance or resolution, thereby making the particular ordinance or resolution effective for all intents and purposes. (Sec.54, RA 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), RA 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, RA 7160) d. With the concurrence of at least two-thirds (2/3) of all the members of the Sanggunian, grant tax exemption, incentives or reliefs to entitles 17

engaged in community growth –inducing industries. (NOTE: this particular provision applies only to Sangguniang Bayan and Sangguniang Panlungsod and hence, does not apply to Sangguniang Panlalawigan. (See Sec. 447 and Sec. 458 of RA 7160). e. At least 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.

2.

3.

4.

Motion to suspend the rules Motion to expunge Motion to extend or limit debate Motion to call for previous question

f. At least 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 the question”.

Section 12. Abstention. Indubitably, a member of this Sanggunian is representing the people and not necessarily his own self and such he should be required to take a stand, one way or the other, on every issue or measure submitted for decision of his august body. Hence, it is hereby made as a general rule that no member of this Sanggunian shall abstain from voting, except as provided under Section 64, Rule IX of Internal Rules of Procedure.

Abstention, if ever allowed to a member, shall not be considered in computing the majority vote. Since abstention is not a vote, it does not count either way. Mere silence and abstention are not the equivalent of affirmative votes or of negative votes. (Quien vs. Serina, 17 SCRA 567, 1966; Ortiz vs. Posadas, 5 Phil.741; 62 CJS, p. 761.)

This rule does not apply in voting for elective positions, if a member is qualified.

Section 13. Simple Majority. Except as otherwise provided in the Internal Rules of Procedure and existing laws, rules and regulations, a vote by “simple majority” shall prevail on other measures, motions or proportions provided there is a quorum. In parliamentary parlance. The term “simple majority” means one-half plus one (1/2+1) of the total votes cast by the members present their being a quorum. It might be less than the majority of the entire membership.

Rule XIII RULES ON DEBATES AND AMENDMENTS Section 1. As a general rule, no member shall speak before this Sanggunian without first “obtaining the floor”. A member who obtained the floor shall address all his remarks to the Chair. He shall conduct himself with proper decorum by confining his remarks or arguments to the question under debate and by avoiding personalities.

Section 2. No member rendering a committee report or delivering a sponsorship speech shall speak for more than thirty (30) minutes unless allowed by a majority of the members present.

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Section 3. No member shall speak for more than twenty (20) minutes on a particular issue or question being debated upon unless he is allowed to do so by a majority of all the members present.

Section 4. During the period of amendments, every member shall observe the so-called “five-minute rule”, i.e., remarks or argumentation by any member on each proposed amendment shall not exceed five (5) minutes.

Section 5. The member rendering a committee report or delivering a sponsorship speech of a proposed measure may move to open or close the debate within the thirty-minute period allowed to him. If he fails to exercise his option, the Chair may use the “assumed motion to open or close the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his sponsorship speech of a proposed measure it shall be considered open to debate.

Section 6. While having the floor, a member may be interrupted in his speech or talk by the presiding officer to state a point of order, to respond to the questions from the floor, to certify something related to the issue being discussed or to make certain remarks within his privilege.

Section 7. The speaker may also be interrupted by another member if the latter desires to ask questions through his privilege to interpolate 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 Chairman Section 8. All questions addressed to the speaker or the member having the floor must always be coursed through the Presiding Officer.

Section 9. The speaker being interpolated may decline to answer questions, if he so desires.

Section 10. No member shall speak against his own motion or proposition.

He may, however, be permitted to withdraw his motion or proposition and if his request to withdraw is denied he may vote against it.

Section 11. While the period of debate is in progress, no member shall roam around the session hall or leave the premises without the permission of the Chair.

Section 12. A motion to close the debate is in order if three (3) members have already spoken in the affirmative side and two (2) in the negative side; or, only one (1) member has spoken in favor but none against it.

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Section 13. 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 14. When a motion “to call for the previous question” is proposed by a member who would result in the closing of debate on a pending question, a twothirds affirmative vote shall be required.

Section 15. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave his seat nor interrupt the former in his talk.

Section 16. After the period of debate has been closed, the period of amendment shall immediately follow.

Section 17. Unless a different method is adopted by the members present in a particular session, amendments to any proposed measure, or parts thereof, shall be in seriatim. Under this seriatim method, the proposed measure is read paragraph 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”.

RULE XIV DECORUM Section 1. Firearm and smoking – Carrying of firearms or smoking of any person is absolutely prohibited inside the session hall.

Section 2. Conduct during session – During the session, all members of the Sanggunian shall be in proper attire and observe decorum. The proper attire shall be either long or short sleeve barong for men and Barong Filipina or business dress for women members. However, when the session is conducted outside the session hall, the use of comfortable but presentable attire shall be allowed.

Section 3. No member shall go near the desk of the Secretary to the Sanggunian during the roll call or the counting of votes.

Section 4. No member shall pass between the chair and another member who has the floor.

Section 5. Except when the Presiding Officer is addressing the Sanggunian or putting a question, any member may go out of the session hall for personal reasons and urgent matters, provided that prior permission is granted by the Presiding Officer.

Section 6. During sessions, cellular phones should be put on silent mode so as not to disturb the other members.

Section 7.Reading of newspapers or magazines in the session hall is not allowed except when it is connected to or is the subject matter of the deliberation.

Rule XV JOURNAL AND RECORD OF PROCEEDINGS 20

Section 1. Record of Proceedings. The Sanggunian shall keep a "journal and record" of its proceedings which may be published upon resolution of the majority of the members thereof.

Section 2. Minutes. In addition to the "journal of proceedings" which is required by law (RA 7160) to be kept, the Sanggunian, through 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 3. Reading and Consideration of Minutes. The minutes of the previous session shall be submitted by the Secretary to the Sanggunian during the 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 by the body and becomes its property. Consideration of the minutes shall not be dispensed with. Reading of minutes "verbatim" may be dispensed with when the members were already furnished a copy thereof beforehand. Being all responsible men and women, the members are presumed to have read the minutes already before they came to the session. In any case, the minutes submitted by the secretary shall be acted upon by the members present, one way or the other.

Section 4. Contents of Minutes. The minutes shall contain the following information: a. b. c. d.

Place, date and time of the session; Whenever it is special or regular; Names of members present therein and those who were absent; Action taken on the minutes of the previous session including the corrections, if any; names of those who adopted (or approved) the minutes under consideration and those who did not; e. Text of every measure (resolution or ordinance, etc.) adopted or enacted; f. Brief resume of the minority opinion, if any; g. The "Ayes" and "Nayes" or "Yes" or "No" votes every question (measure) and if voting is done through nominal or roll call vote; the names of those who voted on either side; h. All motions presented or proposed, whether lost or carried, except those withdrawn; i. Full text of the veto message of the local chief executive, if any; j. Time of adjournment.

Section 5. Signing of Minutes. The original copy of the minutes shall be signed by the members who adopted or approved it at the appropriate space therein.

The Presiding Officer at that particular session and the Secretary shall also sign or affix their signature on it.

Section 6. Excerpts. Excerpts to be taken out of the minutes shall be certified as corrected by the Secretary. The Presiding Officer on that particular session shall attest and certify that the resolution or ordinance excerpted was duly adopted or enacted during that particular session.

Rule XVI RULES ON MOTION

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Section 1. 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 2. If someone "has the floor", whether or not he is speaking, a "motion to adjourn" shall be ruled "out of order".

Section 3 All "privilege motions" may be proposed even if there is a pending motion or question before the body.

Section 4. The following motions can be presented or proposed even if someone has the floor, viz: a. b. c. d. e. f. g. h. i. j. k.

Appeal from the decision of the Chair Call for the Orders of the Day Divide the Assembly, Body (or House, if any) Divide the question Object to the Consideration of the Question Point of Order Point of Information Point of Parliamentary Inquiry Reconsider Reconsider and have entered on the minutes Raise a Question of Privilege In other words, the foregoing enumerated motions can interrupt the

speaker.

Section 5. When there is no quorum present, a motion to adjourn or to take a process is "in order" provided, that nobody else has the floor.

Section 6. Motions or questions which are laid on the table may be taken may be through a motion to that effect during that particular session or during the next regular session but not beyond.

Section 7. The following motions require a SECOND, viz: a. Adjourn b. Adopt a report or resolution, except when proposed by the reporting committee Chairman or member c. Amend d. Appeal from the decision of the Chair e. Commit or refer to a Committee f. Fix the time ton which to adjourn g. Extend or limit the time for debate h. Fix the time to which to adjourn i. Lay on the table j. Postpone Definitely k. Postpone Indefinitely l. Call for the previous question m. Recess n. Reconsider o. Reconsider and have entered on the Minutes p. Rescind or Repeal q. Suspend the Rules 22

r. Take from the Table s. All main motions Section 8. A motion to amend (amendment of the 1st degree) and motions to amend an amendment (amendment of the 2nd degree) may be withdrawn but only before a decision is made thereon.

Section 9. A motion to amend is in order only up to the second degree.

Thus, a motion "to amend an amendment to an amendment" is out of order.

Section 10. 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.

Section 11. PROCEDURE AND RULES OF MOTION: 1. TO FIX THE MOTION TO WHICH TO ADJOURN Member: "I move that when we adjourn, we agree to meet Saturday Evening at seven o'clock at the Municipal Conference Hall.

Explanation: The motion to fix the time to which to adjourn seeks to provide a future time and place for the continuation of the meeting in progress or for an adjourned meeting. For this reason, the time fixed in the motion should not extend beyond that of the next regular session.

2. TO ADJOURN Member: (if privileged) ''I move that we adjourn ''.

(If unprivileged) '' I move that we adjourn in twenty minutes''.

Explanation: Any condition attached to the motion adjournment makes it unprivileged, because the condition, whatever they maybe, require full discussion. It is in order even if a quorum is not present but not when the assembly is engaged in voting or during the verification of the vote 3. TO TAKE A RECESS Member: (If privileged) '' I move that we take a recess of ten minutes''.

(If unprivileged) '' I move that take a recess at ten o'clock in the morning".

Explanation: A recess is an intermission in the proceedings of the assembly, as for meals, or as a rest period during a long session. In no case may a recess extend beyond the time of the next regular session. When the assembly reconvenes, business is resumed as if there has been no interruption.

4. TO RAISE A QUESTION OF PRIVILEGE a. to make a request Member: (without waiting for recognition) ''Mr. Presiding Officer, question of privilege''. Or Mr. Presiding Officer. I rise on a question of privilege''.

Chairman: (without waiting for second) state your question of privilege.

Member: I request that the speaker be asked speak a little louder.

Chairman: The request is granted. Will the speaker please speak a little louder. b. to make a motion 23

Member: '' As question on privilege, I move that non member of this council is barred from the hall.

Explanation: A question on privilege maybe raised either to make a simple request or to propose a motion that would otherwise be out of order if someone has the floor, but is of such importance and urgency that it needs immediate consideration. Because of the importance and urgency, questions of privilege must be decided promptly.

5. TO LAY ON THE TABLE Member: (upon recognition) “I move to lay the question on the table."

Explanation: The motion to lay on the table is use to enable the assembly to attain to more urgent business. It does not permanently dispose of the question to which it is applied but merely postpones its consideration to a later time.

6. TO CALL FOR THE PREVIOUS QUESTION Member: (upon recognition) "I move (or call) for the previous question on the motion to increase the membership fee.”

Explanation: A motion or call for the previous question is equivalent to a proposal to close the debate on a pending question and to put it immediately to a vote. Thus, if the motion for previous question is carried, no further discussion or amendment is allowed in relation with the pending question, instead, it is immediately put to a vote.

7. TO MODIFY THE LIMITS OF DEBATE Member: (upon recognition) a. I move to limit the time of each speaker on the pending question to five minutes; or b. I move to limit the debate on the pending question to one hour; or c. I move to limit the debate on the pending question to three speeches for each side ;or d. I move that the debate on the pending question be closed at five o' clock and that a vote be taken on it at that time. ______ or extend the limits of the debate Explanation: Time limits for the debate are usually provided by the rules of each organization. However, if the time allotted for debate proves to be inadequate or unnecessary long, the same may be extended or shortened, as the situation may demand.

8. TO COMMIT OR REFER Member: (upon recognition) a. "I move to refer the question before the assembly to the committee on __________.'' b. “I move to refer the question before the assembly to the committee_______ with the instruction that it submit a

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report of its findings and recommendations at the next meeting of the assembly. c. I move to refer the question before the assembly to the committee of five to be appointed by the chairman. d. I move that the assembly resolve itself into a committee of the whole to consider the question now before it.

9. TO AMMEND a. by addition or insertion Member:" I move to amend the motion by inserting the words ______after the word _______. b. by elimination or striking out Member: “I move to amend the motion by eliminating the word ______ with the word _______. c. by amend an amendment Member: “I move to amend the amendment by inserting (or by Eliminating, or by substituting) the word etc.

10. TO TAKE FROM THE TABLE Member: (upon recognition) “I move to take from the table the question pertaining to the purchase of new books.

Explanation: A question may be taken from the table at any time after the Disposition of the business that immediately followed the motion To lay on the table, provided no other business pending before the Assembly.

11. TO RECONSIDER Member: (without waiting for recognition) " I move to reconsider the vote by which was passed (or lost) the question pertaining to the purchase of new books.

12. TO RESCIND OR REPEAL Member: (upon recognition) " I move to rescind (or repeal) the resolution (or Question) passed in the last meeting by which this assembly went on Record as being opposed to the inclusion of religious instruction in the Collegiate curriculum.

Explanation: Any question passed by the assembly may be nullified, in part or full, regardless of the time that has elapsed since its adoption, provided that nothing which is irretrievable has been done under the question sought to be repealed. The motion to rescind may be made by any member, but not at the same meeting at which the question to be repealed was passed. It is the rule, however, that if the question can be reached by a motion to reconsider, the motion to rescind is out of order. In other words, a motion to rescind can only be proposed if the time to reconsider has already elapsed.

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13. TO EXPUNGE - to express strong disapproval to an action taken by the assembly and to have it rescinded.

Member: (upon recognition) “I move to expunge from the records of this count.

The resolution (or question) passed in the last meeting by which this assembly expressed itself against the recognition of the employees' union.

Explanation: The actual purpose of this motion is merely to disavow a previous action of the council.

14. TO ADOPT A REPORT a. if the report is in order of business Member: (upon recognition) "I move that the report be adopted together with its resolutions (or recommendations). b. If the report is not in the order of business reporting Member: (upon recognition) The committee to which was referred the question pertaining to ___________ is ready to report.

15. TO SUSPEND RULES Member: (upon recognition) a. "I move to suspend the rules that interfere with the consideration of the motion to appropriate and send immediately ___________ to fire victims. b. “I move to suspend the rules of our order of business so that we can hear the report of the auditor immediately.

Explanation: The motion is designed to free the council from the technicalities of its own rules so that it may be able to act with dispatch on important and urgent questions without violating its own rules.

When the business for which a rule has been suspended is accomplish, the suspension losses its effect and rule automatically becomes effective again.

16. TO OBJECT TO THE CONSIDERATION OF A QUESTION Member: (without waiting for recognition) Mr. Presiding Officer, I object to the consideration of the question now before the assembly.

Explanation: Any which is tactless, frivolous, untimely, or necessary may be immediately rejected by the assembly a motion to object to its consideration which may be made by any member. To accomplish its purpose, the motion to object to the consideration of a question must be made soon after the question has been stated by the Chair, but not after has been considerable progress in debate of the question.

17. TO RAISE A POINT OF ORDER: Member: (without waiting for recognition): Mr. Presiding Officer, point of order.

Chairman: (without waiting for a second): State your point of order.

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Member: My point of order is that the amendment is not related to the question.

Chairman: a. (If point of order is well taken): Your point of order is well taken. The amendment is out of order. b. (If point of order is not well taken): Your point of order is not well taken. The amendment stands as proposed. c. Throw to the body for decision.

Explanation: A point of order is raised to call attention to violations of: Parliamentary procedure or the rules such as indecorous behavior of or abusive remarks by any member. It is, at the same time, a request that the error be corrected if the point of order is well taken.

18. TO RAISE A PARLIAMENTARY INQUIRY: Member: (without waiting for recognition): Mr. Presiding Officer, I rise to a parliamentary inquiry.

Chair: (without waiting for a second) State your question.

Member: What vote is necessary to suspend the rules of this council?

Chair: A two-thirds vote of the members present and voting.

Explanation: A parliamentary inquiry may be raised by any member who desires information on, questions pertaining to parliamentary procedures or the rules of the council.

19. TO RAISE A POINT OF INFORMATION: a. if the query is directed to the Chairman Member: (without waiting for recognition). Mr. Presiding Officer, I rise on a point of information.

Chairman: (without waiting for second) State your question.

Member: I wish to know if the pending question before the Council is in the order of business. b. if the query is directed to a speaker Member: Mr. Presiding Officer, I should like to ask the speaker a question.

Explanation: A request for information which covers any question related to the Pending business or to the assembly and its activities.

20. TO APPEAL FROM THE DECISION OF THE CHAIRMAN Member: (immediately after the decision is announced, and without waiting for recognition): Mr. Presiding Officer, I appeal from the decision of the Chairman.

Chairman: (if appeal is seconded): The decision of the Chairman has been appealed from. Does Councilor _____________ wish to state the reason for his appeal?

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Explanation: Any decision made by the presiding officer may be appealed to the assembly whose decision on the matter is more or less final.

21. TO DIVIDE THE ASSEMBLY: Explanation: The purpose of the motion to divide the assembly is merely to ascertain whether the Chairman was correct in determining the results of the votes.

Rule XVII DISCIPLINARY ACTIONS Section 1. 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. For the purpose of defining “disorderly conduct”, is a conduct of any member which causes disturbance to the proceeding of the session, hearing and meeting, such as but not limited to; drunkenness and unreasonable noisiness.

Penalty: 1st Offense --- Reprimand 2nd Offense ---Reprimand 3rd Offense ---Filling of administrative case.

2. For any "unjustified" absence with prior notice Penalty: Fine of not less than P800.00 but not more than P1,000.00 3. For "unjustified" absence in four (4) consecutive session Penalty: Fine not less than P1,000.00 but not more than P3,000.00 without prejudice to the filling of the corresponding administrative charge as per Art. 124 (6), IRR of RA 7160.

4. For coming late in any kind of session.

Penalty: Fine of not less P500.00 but not more than P1,000.00 8. For refusal without valid excuse to perform the task assigned to him by the Sanggunian or the committee of which he is a member.

Penalty: 1ST Offense – Reprimand 2nd Offense – Warning 3rd Offense - Fifteen (15) days suspension without remuneration 9. For "unjustified absence in committee hearing or meeting of which he is a composite member.

Penalty: 1ST Offense – Reprimand 2nd Offense – Warning 28

3rd Offense - Expulsion from membership in that committee and fine of not less than P500.00 but not more than P1,000.00 without prejudice to the filling of corresponding administrative charge for neglect of duty.

10. For disturbing the meeting or session by not setting cellular phones into silent mode.

Penalty – Fine of not less than P500.00 11. For not wearing proper dress / uniform Penalty – Fine of not less than P500.00 12. For violation of any other provision of this Internal Rules of Procedure not specified herein Penalty: 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 Section 2. – Unjustified absence refers to absences without prior official notice such as but not limited to unauthorized travel or vacation; which is not supported by a memorandum and duly approved application for leave.

Section 3. Justified absence – Refers to absences brought about by circumstances such as but not limited to official travel, sickness and vacation which is supported by a memorandum and duly approved application for leave.

Section 4. 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.

Section 5. Initiation of Action and Conduct of Investigation. The Committee on Rules take cognizance of all the offences 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 embank.

For purposes of this Section, only the 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 function of the said committee the respondent is still a member of that committee.

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Section 6. Collection of Fines and its Disposition. The Secretary to the Sanggunian 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 UNFINISHED BUSINESS AT THE END OF THE SESSION Section 1. All business before the Sanggunian and its committees at the end of one session shall be resumed at the commencement of its next session.

Section 2. Business left enacted upon at the termination of one Sanggunian may be considered by the succeeding Sanggunian as matters of unfinished business.

Section 3. For purposes of the preceding Sections, the Secretary shall return to the respective committees the papers relating to unfinished business and the papers delivered or returned to him at the close of the session or termination of a Sanggunian.

Rule XIX PAPERS AND DOCUMENTS Section 1. As businesses are disposed of by the committees, all documents and papers related to such businesses shall delivered to the Secretary who shall keep the same in the files of the Sanggunian.

Section 2. At the adjournment of the last session of the Sanggunian, all papers still in the possession of any committee shall be delivered to the secretary who shall preserve them in the files of the Sanggunian in the manner required by the character of said papers.

RULE XX SUSPENSION OF RULES Section 1. Vote to suspend the rules. Any part of this “internal rules of procedures of the Sangguniang Bayan” may be suspended at any particular session by two-thirds (2/3) vote of the members present herein.

RULE XXI FINAL PROVISIONS Section 1. Amendments – The internal Rules of Procedure of the Sangguniang Bayan of Magpet, Cotabato or any part thereof may be amended at any regular session by two-thirds (2/3) vote of all members of this Sanggunian, provided that prior notice of such proposed amendment is given to the members of Sanggunian and provided further that no provision therein which is based on, or prescribed by, existing laws shall be amended.

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Section 2. Supplemental Source – The rules, procedures and parliamentary practices of the Philippine congress as well as the rules of court shall be applicable a suppletory character and whenever applicable and convenient.

RULE XXII EFFECTIVITY Section 1. Effective clause – This Internal rules of procedure of the Sangguniang Bayan of Magpet shall take effect immediately upon its approval.

-------------------------------------Section 2. This ordinance shall take effect upon its approval.

UNANIMOUSLY APPROVED. Enacted: July 4, 2016 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Certified Correct:

JAMES M. SASI, M.P.A. Secretary to the Sangguniang Bayan Attested:

ROGELIO L. MARAÑON Vice-Mayor, Presiding Officer

Approved: FLORENITO T. GONZAGA Municipal Mayor Date: __________________

SBC *doc

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STANDING COMMITTEES OF THE 9TH SANGGUNIANG BAYAN OF MAGPET COTABATO NAME OF COMMITTEES

CHAIRMAN

VICE-CHAIRMAN

MEMBERS

1. COMMITTEE ON GOOD GOVERNANCE & ACCOUNTABILITY

HON. JUN L. LOBATON

HON. MARILYN B. MAMON

HON. MANUEL M. ABOY, JR.

2. COMMITTEE ON COOPERATIVE & LIVELIHOOD

HON. RODOLFO C. ANIB

HON. FLORENTINO R. VILLASOR

HON. GODFREY V. ACUPAN

3. COMMITTEE ON HEALTH AND SOCIAL WELFARE

HON. FLORENTINO R. VILLASOR

HON. VICENTA R. YUNTING

HON. RODOLFO C. ANIB

4. COMMITTEE ON TRADE, COMMERCE & INDUSTRY

HON. VICENTA R. YUNTING

HON. FLORENTINO R. VILLASOR

HON. JUN L. LOBATON

5. COMMITTEE ON WOMEN & FAMILY

HON. VICENTA R. YUNTING

HON. MARILYN B. MAMON

HON. ANTONIO P. TAKINAN

6. COMMITTEE ON ENVIRONMENTAL PROTECTION &TOURISM

HON. MANUEL M. ABOY, JR.

HON. RODOLFO C. ANIB

HON. MARILYN B. MAMON

7. COMMITTEE ON INDIGENOUS COMMUNITIES

HON. ANTONIO P. TAKINAN

HON. ELMAR S. MANUMBA

HON. VICENTA R. YUNTING

8. COMMITTEE ON ORDINANCES & LEGAL MATTERS

HON. MARILYN B. MAMON

HON. RAMIEL R. APOSTOL

HON. FLORENTINO R. VILLASOR

9. COMMITTEE ON AGRICULTURE

HON. FLORENTINO R. VILLASOR

HON. VICENTA R. YUNTING

HON. RODOLFO C. ANIB

10. COMMITTEE ON TRANSPORTATION & COMM.

HON. MANUEL M. ABOY, JR.

11. COMMITTEE ON FINANCE, BUDGET & APPROPRIATION

HON. MARILYN B. MAMON

12. COMMITTEE ON RULES & PRIVILEGES

HON. FLORENTINO R. VILLASOR

13. COMMITTEE ON HOUSING & LAND UTILIZATION 14. COMMITTEE ON EDUCATION & CULTURAL DEVELOPMENT

HON. RAMIEL R. APOSTOL HON. MARILYN B. MAMON HON. JUN L. LOBATON

HON. RAMIEL R. APOSTOL

HON. MANUEL M. ABOY, JR. HON. VICENTA R. YUNTING

HON. RAMIEL R. APOSTOL

HON. GODFREY V. ACUPAN

HON. ELMAR S. MANUMBA

HON. JUN L. LOBATON

HON. GODFREY V. ACUPAN

HON. FLORENTINO R. VILLASOR

15. COMMITTEE ON PEACE & ORDER AND PUBLIC SAFETY

HON. RAMIEL R. APOSTOL

16. COMMITTEE ON HUMAN RIGHTS

HON. RODOLFO C. ANIB

HON. JUN L. LOBATON

HON. ELMAR S. MANUMBA

HON. ELMAR S. MANUMBA

HON. MARILYN B. MAMON

HON. RAMIEL R. APOSTOL

18. COMMITTEE ON YOUTH & SPORTS

HON. GODFREY V. ACUPAN

HON. ANTONIO P. TAKINAN

HON. MANUEL M. ABOY, JR.

19. COMMITTEE ON PUBLIC WORKS & HIGHWAYS

HON. GODFREY V. ACUPAN

HON. RODOLFO C. ANIB

HON. JUN L. LOBATON

17. COMMITTEE ON BARANGAY AFFAIRS

HON. MANUEL M. ABOY, JR. HON. GODFREY V. ACUPAN

Z