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Republic of the Philippines PROVINCE OF BOHOL Municipality of Ubay OFFICE OF THE SANGGUNIANG BAYAN INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG BAYAN TITLE, PURPOSE AND SCOPE Title- These rules shall be known as the internal Rules of Procedure of the Sangguniang Bayan of Ubay, Bohol. Purpose and Scope- These Rules are promulgated within the context of the Local Government Code of 1991 and its implementing Rules and Regulations to serve as guidelines for the Members of the Sangguniang Bayan in the discharge of their official functions, particularly in so far as internal organization, order of session, process, parliamentary procedure and discipline are concerned. RULE I COMPOSITION RULE 1.1 The Sangguniang Bayan, the legislative body of the Municipality shall be composed of the Municipal Vice Mayor as Presiding Officer, the regular Sanggunian Members, the President of the Municipal Chapter of the Liga ng mga Barangay (ABC), the President of the Pambayang Pederasyon ng mga Sangguniang Kabataan(SK) and the Sectoral Representatives elected in the manner as maybe provided by law. RULE 1.2. The elected members of the Sanggunian shall assume office on the day and in the manner provided for by law and shall hold the same until their successors shall have been duly chosen and qualified. The regular members of the Sangguniang Bayan and the sectoral representatives shall be elected in the manner as maybe provided for by law. RULE 1.3. The members of the Sangguniang Bayan shall take their oath collectively or individually before they 1

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Page 1: Republic of the Philippines - Weebly · Web viewProvince of Bohol Municipality of Ubay OFFICE OF THE SANGGUNIANG BAYAN INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG BAYAN TITLE,

Republic of the PhilippinesPROVINCE OF BOHOL

Municipality of Ubay

OFFICE OF THE SANGGUNIANG BAYAN

INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG BAYAN

TITLE, PURPOSE AND SCOPE

Title- These rules shall be known as the internal Rules of Procedure of the Sangguniang Bayan of Ubay, Bohol.

Purpose and Scope- These Rules are promulgated within the context of the Local Government Code of 1991 and its implementing Rules and Regulations to serve as guidelines for the Members of the Sangguniang Bayan in the discharge of their official functions, particularly in so far as internal organization, order of session, process, parliamentary procedure and discipline are concerned.

RULE ICOMPOSITION

RULE 1.1 The Sangguniang Bayan, the legislative body of the Municipality shall be composed of the Municipal Vice Mayor as Presiding Officer, the regular Sanggunian Members, the President of the Municipal Chapter of the Liga ng mga Barangay (ABC), the President of the Pambayang Pederasyon ng mga Sangguniang Kabataan(SK) and the Sectoral Representatives elected in the manner as maybe provided by law.

RULE 1.2. The elected members of the Sanggunian shall assume office on the day and in the manner provided for by law and shall hold the same until their successors shall have been duly chosen and qualified.

The regular members of the Sangguniang Bayan and the sectoral representatives shall be elected in the manner as maybe provided for by law.

RULE 1.3. The members of the Sangguniang Bayan shall take their oath collectively or individually before they enter in the exercise of their powers and/.or the performance or discharge of their functions or duties.

RULE 1.4 The members shall, on the day and time fixed by law or ordinance, convene in inaugural session at the place designated for the holding of Sanggunian sessions.

RULE 1.5 The Sanggunian may punish its members for disorderly conduct, or absence for four (4) consecutive sessions without justifiable cause, and with the concurrence of two- thirds (2/3) of all its members, reprimand, exclude from the session or suspend for not more than 60 days, for cause after due investigation.

RULE 1.6 Every Member shall be present in the session hall of the Sanggunian during its session 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 Chairman and Presiding Officer of the Secretary

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Republic of the PhilippinesPROVINCE OF BOHOL

Municipality of Ubay

OFFICE OF THE SANGGUNIANG BAYAN

RULE 1.7 Every Member shall participate in the exercise of the power vested in and in performing the duties imposed upon, the Sanggunian as a body, and shall represent in the interest of the people of the entire Municipality.

RULE 1.8 The Presiding Officer shall not vote unless in case of tie and every Member present shall vote in every question unless he has a dire personal or pecuniary interest therein or completely ignorant of the issues involved.

RULE IITHE CHAIRMAN AND PRESIDING OFFICER

RULE 2.1 The Vice Mayor shall be the Presiding Officer of the Sanggunian and, as such shall have the following power and duties:

a. To preside over the sessions of the Sanggunian.b. To preserve order and decorum over the sessions and to exact from all

members present due respect and proper deportment, prevent disturbance and disorder, and to order the session hall cleared of any or all person’s impropriety.

c. To decide all questions or order, subject to appeal by any member.d. To sign all ordinances, resolutions, orders, proceedings and warrants

issued, by order of the Sanggunian.e. To declare the session adjourned to some other time or place in case of

serious disorder or great emergency.

RULE 2.2 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.

RULE 2.3 The Presiding Officer, when present, may designate a Member to perform the duties of the Chair. In case the PO is absent or physically incapacitated, the body shall elect from among themselves the temporary Presiding Officer.

RULE 2.4 The Sanggunian shall elect from among the Members thereof as floor leader and assistant floor leaders.

“ The Floor Leaders shall coordinate with the Municipal Secretary in the preparation of the agenda and guide the Sanggunian in the order of business during sessions, and perform such other duties as maybe conferred upon him by the Sanggunian”,

”The Assistant Floor Leader shall assume the duties of the Floor Leader in case of the absence of the latter”.

RULE IIITHE SECRETARY TO THE SANGGUNIANG BAYAN

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RULE 3.1 There shall be a Secretary of the Sangguniang Bayan of Ubay, Bohol hereinafter known as the “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.

RULE 3.2 The Secretary to the Sanggunian shall have the following duties:a. To attend the sessions of the Sanggunian and to keep the accurate record

of its proceedings.b. To call the roll of members, read the calendar of business and minutes of

the proceeding session, and by himself or through a reader designated by him, to read the proposed ordinance and resolution, messages, communications, memorial, petitions and other documents which are required by the Sanggunian or ordered by the Sanggunian or ordered by the Presiding Officer.

c. To record and number consecutively all ordinances passed by the Sanggunian with the dates of the passage and publication of the same.

d. To attest and affix the official corporate seal to all ordinances and other official acts of the Sanggunian or the Presiding Officer

e. To transmit to the proper committees all matters referred to them by the Sanggunian or the Presiding Officer.

f. To notify the committees of their appointment or creation.g. To send out appropriate notices to all committee meetings and public

hearing called.h. To furnish each members of the Sangguniang Bayan with a copy of every

approved ordinances, resolution and records of other official acts of the Sanggunian, which they are entitled to receive.

i. To keep in proper file all other documents of the Sanggunian.j. To translate or cause to be translated into the languages or dialect

generally spoken in the municipality all ordinances immediately after their approval by the Sanggunian and to have them posted at the main entrance of the municipal building and in other conspicuous places in the municipality ordered by the Sanggunian.

k. To perform such other duties as the Sanggunian or its Presiding Officer may direct.

l. The Secretary shall attend all committee hearings conducted by the Sanggunian.

RULE IVCOMMITTEES AND COMMITTEE REPORTS

RULE 4.1 The Sangguniang Bayan shall create by Resolution the standing committees which shall include but shall not be limited to the Committee on Appropriations and Finance, Rules, Laws and Ordinances, Peace, Order and Security, Public Works and Highways, Youth and Sports, Barangay Affairs, Agriculture, Trade and Industry, Environment and Natural Resources, Education, Health, Good Government and Public Accountability, Public Market and Slaughter House, Ways and Means, Tourism, Transportation and Communication, Investment Promotion, Culture and Arts, Senior Citizens Illegal Drugs, and Women and Family; and such other committees as its particular needs may require.

RULE 4.2 Each Committee shall be composed of a Chairman and two members or as maybe determined by the Sanggunian.

RULE 4.3 The Vice Mayor may be elected by the Sangguniang Bayan members as Chairman of any of the standing committees.

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RULE 4.4 No member shall be elected or sit in any committee which has jurisdiction over a matter regarding which such Member has a direct personal or precuniary interest.

RULE 4.5 Committees shall meet at their respective Chairmen or a majority of their members, provided due notices is served upon each and every member thereof.

RULE 4.6 A majority, the members of a committee shall constitute a quorum to do business. Unexplained absences in three consecutive meetings without justifiable reason shall operate to relinquish membership therein.

RULE 4.7 When a vacancy occurs in a committee, the same shall be filled by a majority vote of all the members of the Sanggunian.

RULE 4.8 Any committee may request the appearance before it of any official or employee of the municipality. Any person invited or permitted by the Committee may appear during its committee meetings and present his views on matters before it at such time as the committee may designate.

RULE 4.9 Ordinance requiring appropriation of public funds, if favorably reported by the Committee to which the Presiding Officer initially do it, shall be referred to Committee on Appropriations for its action specifically on the proposed measure requiring appropriation of public funds.

RULE 4.10 The Committee should act on matters referred to it within fifteen (15) days from the time they are received except in cases where there are specific provisions of laws specifying other guidelines. If the committee could not act within fifteen (15) days for reason not within the control of the committee, the same shall be reported to the body.

RULE 4.11 The committee report shall be adopted formally, securing signatures of committee members in line of a formal meeting is prohibited.

RULE 4.12 A committee when failed to submit a report on a particular question may be relieve of such assessment by the Sanggunian, Thereafter, the same matter may be resolved by the body or committee of one.

RULE 4.13 Special Committee maybe created by the Sanggunian for special purpose. They shall cease to function as the purposes for which there are created have been accomplished. They are subject to the same rules governing regular committees.

RULE 4.14 Measures presently belonging to a certain committee shall be preferably sponsored by the Committee Chairman or any member thereof.

RULE 4.15 A member of the Sanggunian who fails to perform his Committee function may be subjected to disciplinary action.

RULE V

BARANGAY DISTRICT ASSIGNMENTS OF EACH SANGGUNIAN MEMBER

RULE 5.1 Each of the regular Sanggunian Member shall be assigned in one of the different district barangays as follows:

DISTRICT 1- Hon. Kag. Bacolod DISTRICT II- Hon. Kag. Bonghanoy

- San Pascual - Lomangog

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- Ilihan - Bulilis- San Francisco - Gabi- Villa Teresita - Los Angeles- Gov. Boyles - Bongbong- Buenavista - California

DISTRICT III- Hon. Kag. Besas DISTRICT IV- Hon. Kag. Atuel- Hambabauran - Camambugan- Pag-asa - Tuboran- Camali-an - Pangpang- Bay-ang - Humayhumay- Tubog - Achila- Calanggaman - Casate

DISTRICT V-Hon. Kag. Alesna DISTRICT VI- Hon. Kag. Efren Tanjay- Poblacion - Tipolo- Tapon - Union- Fatima - Tapal- Bood - San Isidro- Katarungan - Sentinela

DISTRICT VII-Hon. Kag. Atupan DISTRICT VIII- Hon. Kag. Abad- Sinandigan - Biabas- Benliw - San Vicente- Imelda - Cuya- Guintabo-an - Juagdan- Cagting - Tintinan

RULE VISESSIONS AND QUORUM

RULE 6.1 The Sanggunian shall hold regular session every Wednesday at 9:30 am, and on such day, time and place for Special Sessions, by virtue of a resolution.

RULE 6.2 The Presiding Officer shall open the session by calling the Sanggunian to order, followed by a power point presentation of prayer or meditation of the National Anthem and the Provincial Hymn and recitation of the PCL Creed every first session of the month.

RULE 6.3 Special Session may be held as the need arises. The Presiding Officer or a majority of all the Members of the Sanggunian may call a Special Session by giving a written and signed notice to each member two days (2) before the scheduled session so called. The notice must state the day, time and purpose of the session and shall be served personally on each member or left at his usual residence; Provided, however, that in case of Special Session called for urgent matters as certified to by the Secretary to the Sanggunian the session maybe held upon reasonable notice. No other matter maybe considered at a special session except those stated in the notices, unless otherwise agreed upon by the unanimous consent of the members present.

RULE 6.4 The session shall be open to the public except during executive session and also matters involving confidential communications of the Government, the security of the safe, or petitions or motions affecting the dignity of the Sanggunian or a member is being considered, or on matters of similar nature.

RULE 6.5 During sessions when the public is to be excluded, the Presiding Officer shall direct the galleries to be cleared and doors closed.

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RULE 6.6 Only such persons specified by the Sanggunian shall be admitted to an executive session, said documents and papers shall be considered confidential. Their existence or contents shall not be revealed without permission of the Sanggunian.

RULE 6.8 Upon every roll call, the names of the members shall be called according to rank. The appointive members shall be called according to seniority in age.

RULE 6.9 A majority of all members of the Sanggunian shall constitute a quorum to do business.

RULE 6.10 When there is no quorum, the Presiding Officer or whoever is the Presiding Officer may declare a recess until such time as a quorum is constituted or a majority of those in attendance may adjourn from time to time and may enforce the immediate attendance of any members absent without justifiable cause by issuing to the Philippine National Police an order for his/her arrest and production at the session hall; or they may impose a fine upon him in such amount as shall been previously prescribed by ordinance.

If, in spite of the above, there is still an absence in quorum or there is no prospect of constituting into one, no other business shall have been transacted and the Presiding Officer shall declare the session adjourned for lack of quorum.

RULE 6.11 Should the question of a lack of quorum be raised, the Presiding Officer, without debate shall immediately proceed to a verification thereof by causing the reading of the roll of the members and announcing the result forthwith.

RULE 6.12 No session shall be suspended or adjourned except when so directed by the Sanggunian, but the Presiding Officer may in his discretion, declare a recess in short intervals or suspend or adjourned the session in case of emergency or when the same becomes unruly or uncontrollable.

RULE 6.13 The exact hour of opening and adjournment of a session be entered in the minutes.

RULE 6.14 Start of Pre-Session Conference – 8:00 o’clock AM start of session proper- 9:00 o’clock AM.

RULE VIIORDER OF BUSINESS

RULE 7.1 The order of business in the Sanggunian shall be as follows:

i. Call to Orderii. Invocation, National Anthem, Bohol Hymn, PCL Creed

every first session of the month iii. Roll Calliv. Declaration of Quorumv. Reading and Approval of Minutes of Previous Sessionvi. Presiding Officer’s Timevii. Reference of Business (Referrals)

a) Proposed Ordinanceb) Proposed Resolutionc) Petition or Requestd) Other communications

viii. Committee Report

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ix. Calendar of Businessa) Unfinished businessb) Business of the Dayc) Unassigned Business

x. Business of Third and Final Readingxi. Other Mattersxii. Adjournment

RULE 7.2. The minutes shall be submitted to the Sanggunian for approval.

RULE 7.3 The Committee on Rules shall prepare the Calendar of Business and Agenda of every session and shall cause the secretary to the Sanggunian to furnish copy thereof to every member of the Sanggunian not less than one day before every regular session.

RULE 7.4 The Calendar of Business shall contain a brief description of each item of business to be taken up during session, indicating the sources, communications endorsements, petitions, messages, memorials, and motions and the committee or committees to which they have been referred.

RULE 7.5 Committee Reports shall be rendered first by the Regular Committees in the order they are listed in the rules of the Sangguniang Bayan, then by special committees, in the order of their creation.

RULE 7.6 The consideration of unfinished business shall be resumed after the committee reports have been rendered and so at each succeeding session until such unfinished business is disposed of.

RULE 7.7 The business for the day shall consist of ordinances, resolutions and other legislative matters set on the calendar for the consideration of the Sanggunian, and each shall be taken up in the order in which it is set in the calendar.

RULE 7.8 Ordinances, Resolutions and other legislative matters scheduled for final reading shall be called in the order set forth in the calendar of business and shall be considered in the manner prescribed hereafter.

RULE 7.9 On a motion to suspend the rules, item on business may be taken way from their indicated order and considered forthwith by the body.

RULE 7.10 Visitors shall be included in the calendar of business except on emergency cases.

RULE VIIPROCEDURE FOR ORDINANCES, RESOLUTIONS

AND OTHER LEGISLATIVE MATTERS

RULE 8.1 Legislative actions of a general and permanent character shall be enacted in a form of “ordinance” while those, which are ministerial or administrative in nature and of temporary character, shall be passed in a form of a resolutions.

RULE 8.2 Every ordinance or resolution presented for consideration shall be, respectively, denominated as a “Proposed Ordinance” and “Proposed Resolutions” and upon approval each shall be called “Municipal Ordinance” or “Municipal Resolution” as the case maybe to which the corresponding number shall be respectively suffixed by the Secretary to the Sanggunian.

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RULE 8.3 Ordinances and resolutions may be proposed formally, in which it shall be in writing and shall contain a little or caption, an enacting or ordaining clause and the dates of its effectively. They shall be signed by the author or authors and be submitted to the secretary who shall report them to the Sanggunian and its meeting.

RULE 8.4 Before any ordinance or resolution be finally enacted, it shall undergo three readings as follows:

a) First reading, which shall consist of the reading by the Secretary to the Sanggunian of the title of the proposed ordinance and resolution and the name of its author or authors, afterwhich it shall be referred to by the presiding officer to the appropriate committee’s without debate.

b) Second Reading, at which the proposed ordinance or resolution, after having been sponsored on the floor by the committee chairman or by any committee member designated for the purpose, shall be read in full in the manner recommended by the committees, where upon the measure shall be subject, first to interpolation and debate, and then amendments and all proper parliamentary motions for third and final readings.

c) Third Reading, at which the proposed ordinance or resolution shall be passed without any debate, or final approval and actions. The above formalities may be dispensed with in case of an urgent matter requiring prompt action.

RULE 8.5 In case of an erroneous or inadequate reference of a measure to a committee, in the same, upon proper motion, maybe corrected by the body at a subsequent session after the reading of the minutes containing the referral.

RULE 8.6 In a proposed ordinance or resolution, resulting from consolidation made by a committee, there shall be named as authors every member who has signed as such any of the proposed ordinances or resolutions consolidated

RULE 8.7 the Secretary to the Sangguniang Bayan shall prepare copies of the ordinances or resolution in the form it was submitted and shall distributed to its Member of the Sanggunian a copy thereof atleast two (2) days before it is voted upon for final approval, except if the measure has been certified by the Presiding Officer as urgent in which case it may be submitted for final voting immediately after the second reading.

RULE 8.8 Motions may be presented orally or in writing and be considered according to the rules prescribed for ordinances and resolutions; provided, however that any motion which, in the opinion of the Body, may be considered immediately for final action. Any motion, presented orally, shall, if approved, be written out by the Secretary to the Sanggunian in accordance or resolution form, as the case may be.

RULE 8.9 Ordinances and resolutions passed by the Sanggunian shall be approved and signed by the Presiding Officer. The approval must be in writing and effected by him by endorsing the word” Approved” on the ordinance or resolution followed by his signature and attested by the Secretary to the Sanggunian. In case the Presiding Officer is not the Vice Mayor, he may indicate his participation by a notation on the approved ordinance or resolution.

RULE 8.10 Every ordinance or resolution shall take effect upon its passage unless the ordinance or resolution itself provides a different specific date.

RULE 8.11 Proposed and approved ordinances and resolutions of the Sanggunian shall be kept in separate files and numbered consecutively throughout the calendar year.

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RLLE 8.12 The Secretary to the Sanggunian shall cause the publication, in a newspaper of general circulation in Bohol, of the ordinances and resolutions which are required to be published by the Local Government Code of 1991.

RULE 8.13 Any legislative manner, duly certified by the Presiding Officer, orally or in writing, as urgent whether or not it is included in the calendar of business, and without need of suspending the rules be presented and considered by the body at the same session. An urgent matter is one, which involved great interest, the delay of which shall prejudice essential government activities.

RULE IXTHE MINUTES

RULE 9.1 The Sanggunian shall keep the minutes of its proceedings which shall comprise a succinct of the business transacted and the actions taken thereof. The minutes must clearly show the following: Nature of the session whether regular or special, a copy for the call of such session, date, time and place of the session, names of members present and out on official business, absent whether the minutes of the previous session was read and approved, citing corrections, if any, every ordinance or resolution, by title, if the ordinance or resolution was not approved unanimously, a brief statement of the minority opinion, nominal votings, all main motions, except those withdrawn; points of order and appeals, whether sustained or lost, time of adjournment, and such other matters in which the Body ordains to be entered.

RULE 9.2 The minutes of the every session shall be read and approved by the majority of the Members present at the session at which they are read, and if, necessary, correctly corrected by the same vote or general consent. The reading of the minutes shall not be interrupted or suspended except by unanimous consent of the Body.

RULE 9.3 The reading of the minutes may be dispensed with upon approval by a majority vote of all members present.

RULE 9.4 Minutes duly approved by the Body shall bear signatures of all members.

RULE 9.5 A copy of the approved minutes be furnished to the Office of the Chief Executive.

RULE X

DEBATES AND DECORUM

RULE 10.1 When a member desires to speak, he shall rise and respectfully address the Chair, “Mr. Chairman” or “Mr. Presiding Officer”.

RULE 10.2 When any member desires to deliver and remarks to the Sanggunian, he shall rise and request the Chair to let him have the floor, which consent shall be necessary before he may proceed. When two or more members rise at the same time, the Presiding Officer shall name the Member who is to speak first, and shall alternate the floor between those who wish to speak for and against the given issue.

RULE 10.3 Any member who has obtained the floor shall continue himself to the question under debate, avoiding personalities, and shall conduct himself with proper decorum.

RULE 10.4 No member of the Sanggunian shall speak more than thirty minutes in debate on any question at the same session without leave of the Body. After three have spoken in favor and two against a question, or only one speech shall been

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delivered and none against, a motion to close the debate shall be in order. If said motion is approved, the Sanggunian should proceed to consider amendments of the question, if any. remarks on its amendments by any Member shall not exceed five minutes.

RULE 10.5 The Sanngunian may, by majority vote of the Members present, close debate or nay question, upon motion for the previous question, and proceed to vote on the main question without debate.

RULE 10.6 The Member reporting a measure from a committee or delivering the sponsorship of a proposed legislation may open and close the debate within the time permitted each Member by the Rules of the Sangguniang Bayan.

RULE 10.7 If any Member by his/ her speech or behavior, transgresses the Rules of the Sanggunian, the Presiding Officer , motu propio or at the request for a point of order by any Member, shall call him to order. The Sanggunian shall, if appealed to decide on the case without debate except for brief remarks by the appellant or complaint, explaining their sides for not more than five minutes. If the decision of the Body is in favor of the Member called to order, he may proceed, but not otherwise.

RULE 10.8 During session of the Sanggunian, the Members shall conserve proper decorum. They shall remain in their seats during roll call when a vote is being taken and no one shall pass between a Member has the floor and the Chair.

RULE 10.9 While the Presiding Officer is addressing the Sanggunian, no Member shall walk out or cross the session hall, except for emergency reasons.

RULE 10.10 All persons inside the session hall must put their cellular phones in silent or vibrating mode

RULE 10.11. Wearing of proper attire during sessions; barong tagalong and kimuna.

RULE 10.12 No smoking inside the session hall.

RULE XIVOTES AND VOTING

RULE 11.1 Voting in the Sanggunian shall be done by voice, raising of hand, in rising or by roll call or nominal voting, unless a different methods is prescribed by the the Sanggunian for a particular question. In taking the votes, the affirmative shall be taken first and then the negative.

RULE 11.2 To pass an ordinance or any proposition creating indebtedness, the affirmative vote of a majority of all members of the Sanggunian is necessary. Other measures, except as otherwise specially provided, shall prevail upon the majority vote of the Members present at any session duly called and held.

RULE 11.3 A tie votes defeats any measure or motion, unless the Chair breaks the tie.

RULE 11.4 The Presiding Officer shall rise to put a question into a vote by saying, “As many as are in favor of, stating the question, say YES” and after the affirmative vote is expressed, “As many as are opposed. Say NO”. If the Chair doubts the vote or if the decision is called, the body shall divide. Those in the affirmative shall be asked to either raise their hands or rise from their seats, and then those in the negative to do the same. In any case, the Presiding Officer shall rise to state the decision.

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RULE 11.5 The Yes or No votes shall be taken and entered in the minutes upon the passage of all ordinances, upon and propositions creating any liability against the Municipality, and upon any proposition if requested by any Member, even after a division has been made.

RULE 11.6 When voting normally, the Secretary to the Sanggunian shall call the roll of the Members of the Sanggunian according to rank. As each name is called, the member shall announce his vote by saying as the case may be or Abstain or Present, if he is not voting, a Member may explain his vote not to exceed three minutes.

After the roll has been called, when voting nominally, the Secretary to the Sanggunian shall call the names of those not voting in order that they may vote. After this second calling of the roll, no request shall be entertained by the Chair to record a vote.

RULE 11.7 When an ordinance or any measure directing the payment of money or creating liability against the Municipality is passed by general consent, the Secretary to the Sanggunian shall enter in the minutes the name of the members present at that particular time, this having the effect of nominal voting.

RULE 11.8 No Member can vote on a question in which he or she or any member of his /her family, within third degree of consanguinity, has a direct personal; or pecuniary interest. This does not, however, preclude any Member from voting for himself for any position within the Sanggunian.

RULE 11.9 A Member may change his vote only before the Chair announces the result of voting, thereafter, a Member may change his vote only by unanimous consent.

RULE 11.10 A Member who arrives late at the session shall be permitted to vote, provided, the result of the voting has not been announced yet by the Chair.

RULE 11.11 No motion, except on the presence of a quorum, shall be entertained during the voting.

RULE XIIRULES ON MOTIONS

RULE 12.1 The following motions in the order of procedure (from the highest to lowest rank), together with other motions hereinafter specified, shall be used in doing business in the Sanggunian:

a. Fix the time when to adjourn (Rank I), to provide a future time for the continuation of the session in progress

b. Adjourn (Rank 2), to formally terminate the session in progress.c. Take recess (Rank 3), to provide a brief intermission during the session.d. Question of Privilege (Rank 4), to secure immediate action upon a matter that

involves the comfort, convenience, rights of privilege of the Sanggunian or any of its Members.

e. Call for orders of the Day (Rank 5), to bring before the Body for consideration any business assigned for a particular time.

f. Lay on the table (Rank 7) to suppress discussion on a pending question for consideration at a letter date but undetermined time.

g. Commit (Rank 10), to refer question or proposition to a committee for study and recommendation.

h. Amend (Rank 12), to modify question to make it more acceptable to the Body.

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i. Postpone indefinitely (Rank 13), to defer indefinitely the consideration of a question.

j. Main Motion (Rank 13), to bring before the Body a substantive proposition for its consideration.

RULE 12.2 The following motions shall have a rank of a main motion:a. Take from the table, to resume the consideration of question that has been

previously laid on the table.b. Reconsider, to set aside the vote previously taken on a question and to

reopen it to a new discussion and vote. c. Reconsideration and have entered on the minutes, to suspend action on a

question that has been decided by a temporary majority.d. Rescind to repeal, to render null and void a question previously passed.e. Expunge, to express strong disapproval to an action taken by the body and

to have it rescinded.f. Adopt a report, to accept or agree a report as an official act of the body.

RULE 12.3 The following incidental motions have no fixed rank but shall take procedure over the question from which they arise.

a. Suspend the rules, to allow the body to do something which it is otherwise forbidden to do by the rules or previously adopted orders of the Sanggunian.

b. Withdraw or motion, to remove a question from a reconsideration of the body or to modify the same.

c. Read papers, to allow a member to read paper documents, or books as part of this speech remarks.

d. Object to the consideration of a question, to avoid the consideration of a question which the body consider relevant, contentious unprofitable, or generally objectionable.

e. Point of information, to call attention to an error in the observance or enforcement of the Rules of the Sangguniang Bayan or to its supplementary rules of procedure and parliamentary practices.

f. Point of information, to be informed by any matter related to the pending question or to the Sanggunian.

g. Parliamentary inquiry, to request information on matter pertaining to parliamentary law and procedure.

h. Appeal from the decision of the Chair to ask the body to decide whether the ruling made by the Chair on a question or order should be upheld or overruled.

i. Divide the assembly, to verify the votes taken in a question or to secure a more accurate count of the vote.

j. Divide the question, to divide along and complicated proposition into separate and distinct parts to facilitate their consideration.

RULE 12.4 Every motion presented to the body shall be stated by the Chair, or if it be in writing, the chair shall cause it to be read by the Secretary to the Sanggunian and the same shall be deemed as having been brought to the attention of the body for its consideration.

RULE 12.5 A motion to adjourn or take a recess, is in order even if a quorum is not present but now when the body is engaged in voting or during the verification of the vote, the Presiding Officer may defer the adjournment of the session to allow the making of the announcements.

RULE 12.6 The motion to fix the time when to adjourn, take a recess, raise a question of privilege, and call for order of the day are privilege motions and may be presented, according to the order of their precedence, even if any other motions or

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question is pending before the body. The motions to raise a question of privilege and to call for orders of the day may be made even if someone has the floor.

RULE 12.7 Questions laid on the table must be taken up not later than the next regular session “Otherwise they shall be considered abandoned and may be brought up again only by a new motion”.

RULE 12.8 A motion calling for the previous question requires for its approval a two-third (2/3) vote of the members present but action on the principal question to which it applied shall be by the vote necessary in each particular case as prescribed by the Rules of the Sangguniang Bayan.

RULE 12.9 A question cannot postponed beyond the next regular session or to a special or adjourned session unless provisions have been made for the holding of such session.

RULE 12.10 A question maybe postponed as general order by a majority vote, or as a special order, by a two-thirds (2/3) vote of the members present.

RULE 12.11 No order of the day maybe considered before the time to which was assigned except by general consent or by two-third (2/3) vote of the members present by suspending the rules of fixing its time as an order of the day.

RULE 12.12 When a question is under consideration, a motion to amend and any amendment shall be in order, and any of said amendments may be withdrawn before a decision is heard thereof.

RULE 12.13 No motion on a subject different from that under consideration shall be admitted under color of amendment. An amendment which merely negates an affirmative proposition is likewise out of order.

RULE 12.14 Once an amendment has been adopted or rejected, the same or substantially the same amendments cannot be re-introduced at the same session unless the vote on the original amendment has been reconsidered or the motion to amend has been withdrawn.

RULE 12.15 Amendments to the title of an Ordinance or resolution shall not be in order until after the text thereof has been approved. Amendments to the title shall be decided without debate.

RULE 12.16 When an Ordinance or any measure, decided by nominal voting has been adopted or lost, it shall be in order for any member who voted with the majority, at the same or the next meeting, to move for the consideration, thereof, and such motion shall take precedence over all other questions, except the motion to fix the time when to adjourn, and to take a recess. The motion to reconsider shall be passed by a majority vote of the members present regardless of the vote required by the question to be reconsidered. When voting is not nominal, any member may ask for reconsideration.

RULE 12.17 A motion to enter on the minutes a motion to reconsider a question must be called up not later than the next session, unless the motion is made on the last day of a session in which case it may be up for consideration on the same day it was moved.

RULE 12.18 An ordinance/ resolution or any other question may be rescinded, repealed or expunged at any session subsequent to the one at which it was adopted by a majority vote on the Members present, with notice thereof given at the previous session, or by two- third (2/3) vote of the members present, without need of such notice. A motion

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to rescind, repeal or expunge may be made only if the time to reconsider the controverted question has already elapsed.

RULE 12.19 Rules in relating to the order of business, business procedure and similar standing roles, except those prescribed by statutory law, may be suspended by a two-third (2/3) vote of the Members present, Provided, that, said suspension shall be effective for as long as the question has already elapsed.

RULE 12.20 The consideration of a question may be objected to by a two-third (2/3) vote of the Members present, but the motion may not be applied to directives or communications from a higher governing Body, committee reports and amendments to the rules of the Sangguniang Bayan.

RULE 12.21 An appeal must be made immediately after the decision appealed from has been made; if any business has intervened, it shall be out of order. It is debatable except when it relates to decorum, priority of business, transgression of the rule of speaking, or if it arises out of an un-debatable question. If the question is debatable, any Member may speak in respect to the appeal once, but the Presiding Officer may speak on it twice, first in explaining his decision, and then, in answer to the arguments of his decisions.

RULE 12.22 A call for a division of the Sanggunian should be made immediately after the result of the vote has been announced, even if someone has the floor but before another motion has been stated by the Chair.

RULE 12.23 A motion to read any part of the Rules of the Sangguniang Bayan is equivalent to a call to order and shall have the precedence corresponding to it.

RULE 12.24 A motion may be withdrawn or modified as a matter of right before it has been stated by the Chair. If the request is made after the motion has been stated by the Chair, it may be withdrawn by a general consent, or if there can be an objection by a majority vote of the members present.

RULE 12.25 No motion, having failed passage, shall again be allowed at the same session unless there has been a substantial change in the proposition. The motions to fix the time when to adjourn, call for orders of the day, close nomination of the polls, fix the limits of debates, lay on the table, postpone indefinitely, commit or refer, call for previous question, take a recess and take from the table may be renewed after a change in parliamentary situation during the session. The motion to object to the consideration of a question, if rejected not again be renewed by the same question.

RULE 12. 26 All motions relating to nominations and voting, if made while a question of an election is pending, are incidental motions, if they are made at any other time, shall be treated as main motions.

RULE 12.27 Definition of Terms: En masse motion, which is sponsored by all Members present. This motion does not need a second because every Member is supporting and sponsoring the same.

RULE XIIIUNFINISHED BUSINESS AT THE END OF THE SESSION

RULE 13.1 All business before the Sanggunian and its committee at the end of the session shall be resumed at the commencement if it’s next session.

RULE 13.2 Business left un-acted upon at the termination of one Sanggunian may be considered by the succeeding Sanggunian as matters of unfinished business.

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RULE 13.3 For purposes of the preceding sections, the Secretary to the Sanggunian 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 XIVPAPERS AND DOCUMENTS

RULE 14.1 As business are disposed of by the committees, all papers and documents related to such business shall be delivered to the Secretary to the Sanggunian who shall keep the same in the files of the Snggunian.

RULE 14.2 All the adjournment of the last session of the Sanggunian, all papers still in the possession of any committee shall be delivered to the Secretary to the Sanggunian who shall preserve them in files of the Sanggunian in the manner required the character of the said paper.

RULE 14.3 The Secretary to the Sanggunian shall issue upon demand of any person a certified copy of any record within his control and shall be authorized to charge a fee for said purpose in the manner prescribed by law, unless those considered confidential in which case the consent of the Sanggunian must be secured.

RULE XVSUSPENSION OF THE RULE

RULE 15.1 Any part of these rules, not prescribed by, or based on statutory law or any higher act, may be suspended in any general consent or by two-thirds (2/3) vote of the Members present, Provided, that the suspension of the rule shall be for the sole purpose of the question pending all the time the motion for which said suspension is made.

RULE 15.2 Withstanding the provision of the immediately preceding section, no part of these rules may be suspended if its effect is to protect absentee Members or inevitable expose a member’s vote.

RULE XVIAMENDMENTS OF THE RULES

RULE 16.1 These rules may be amended at any regular session by a two-thirds (2/3) vote of all Members of the Sanggunian, Provided, that notice of the proposed amendments has been given at the session previous to the one at which said amendments is to be considered.

RULE 16.2 No provisions of these Rules which is prescribed by, or based on statutory law or any other higher authority may be amended or revised.

RULE XVIIOTHER PRIVILEGES OF THE SANGGUNIAN

RULE 17.1 Each Member of the Sanggunain, including the Sectoral Representatives, shall have the following privileges.

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a. Equal sharing of individual budget for training and seminars, and traveling allowances and office supplies.

b. Equal distribution of items for slots of casual employees based on the approve lump sum appropriation of the Sangguniang Bayan, each Member will have two (2) slots of casual employees.

RULE 17.2 The equal sharing of budget /appropriation of each Sanggunian shall be lower than that of the Vice Mayor share or Presiding Officer.

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