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The Rules of the Provincial Board of Palawan

RULE I. COMPOSITION, OFFICERS AND THEIR DUTIES

Section 1. The Provincial Board of Palawan shall be composed of the Vice Governor who shall be the Presiding Officer thereof, the regular Board Members, the President of the Provincial Chapter of the Liga ng mga Barangay, the President of the Provincial Federation of Sanggunian Members of Municipalities and Component Cities; the President of the Panlalawigan Federasyon ng mga Sangguniang Kabataan and the Sectoral representatives, as members.

Section 2. The Members of the Board, in its first regular meeting for the year or any adjournment thereof shall elect either by viva voce or by secret balloting, a Chairman Pro-Tempore, a Majority Floor Leader and group constituting the majority in the Board. A Minority Floor Leader who shall come from the party or group constituting the minority in the Board, an Assistance Minority Floor Leader, and the Chairman and Members of the regular committees. A majority vote shall be sufficient to elect the Majority and Minority Floor Leaders and their Assistants.

Section 3. The Officers of the Board including the Chairman and Members of the regular standing committees, except the Presiding Officer shall serve for one (1) year unless sooner removed by 2/3 vote of all the members of the Board.

Section 4. The Vice Governor shall be the Presiding Officer of the Board and shall exercise such other powers and perform such other duties as provided by law.

Section 5.1 The Chairman Pro tempore shall have the following powers and duties, to wit:

(a) He shall preside over the meeting of the Board during the temporary absence of the Presiding officer;

(b) He shall be a member of all standing/regular, special and Ad Hoc Committees;

(c) He shall represent the Board in meetings, conferences and other functions or bodies where the board should be officially represented in the absence of the Presiding Officer without need of prior authorization or consent;

(d) He may perform such other duties as may be required from time to time”

Section 6. The Majority Floor Leader shall have the following powers and duties, to wit:

(a) He shall read or cause to be read by himself or through a person designated by him, all proposed resolutions, ordinances, motions, memorials, petitions and other documents which are reported to the Board when required by the Board or the Presiding Officer;

1The old provisions on Chapter XV, Rule I, Section 5 was amended pursuant to Provincial Ordinance No. 1254-12, which old provisions were read as follows: Section 5. The Chairman Pro-Tempore shall preside over the meeting of the Board during the temporary absence of the Presiding Officer. He may perform such other duties as may be required from time to time.

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(b) He shall be and Ex-Officio Member of all standing committees and Chairman of the Committee on Laws and Internal Procedures;

(c) He shall exercise such other duties and perform such other functions as may be required by the Board through proper resolutions and ordinances.

Section 7. The Assistant Majority Floor Leader shall perform and exercise the following powers and functions:

(a) He shall act as the Acting Majority Floor Leader in the absence or in capacity or inability of the latter;

(b) He shall assist the Majority Floor Leader in the performance of his duties;

(c) He shall perform such other duties as the Presiding Officer and the Majority Floor Leader may assign to him from time to time.

Section 8. The Minority Floor Leader shall have the following powers and duties:

(a) He shall be an Ex-Officio member of all standing/regular committees;

(b) He shall perform such other functions and duties as may, from time to time, be entrusted to him by the Board.

Section 9. The Assistant Minority Floor Leader shall perform the duties and exercise the powers of the Minority Floor Leader in case of temporary absence, or incapacity of the latter.

RULE II. COMMITTEE COMPOSITION, POWERS AND PROCEEDINGS

Section 1. The Provincial Board shall have regular or standing committees with powers to invite concerned public officials/employees/ authorities and conduct queries on matters and other subjects referred to it for proper consideration and disposition, hold public hearings or otherwise take action on matters within the scope of its functions.

Section 2.2A committee shall be composed of a Chairman, a Vice-Chairman and at least three regular members, a total of five and those in excess of five would be non-voting members.Section 3. The Committees shall function in the following manner:

a) All proposed ordinances and/or resolutions as well as matters for review, originating from the municipalities and component city referred to the committees for study, investigation and recommendation shall be considered in the meetings of the committees. Only such ordinances and/or resolutions which have been approved by the committees shall be reported to the Board for further deliberation and consideration;

b) The Committee may call on any person or persons to appear before such committee and request his opinions, views or comments on the matter under consideration;

2The old provisions on Chapter XV, Rule II, Section 2 was amended pursuant to Provincial Ordinance No. 1177-10, which old provisions were read as follows: Section 2. A Committee shall be composed of a Chairman, a Vice Chairman and at least three (3) members. They shall be chosen by a majority vote of all the members of the Board.

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c) The author of a proposed ordinance or resolution which has been referred to a particular committee may participate in the deliberations of the proposed measure in the committee, however, the author/s has/have no voting rights;

d) The Board may also create man Ad Hoc Committee for special purposes whose membership, scope, powers and functions shall be determined by the Board. The author of the resolution creating an Ad Hoc Committee shall be a members thereof;

e) Committees shall have the power to create sub-committees and delegate to the latter such functions as maybe necessary.

Section 4. The Board shall have the following regular committees:

a). Committee on Rules and Laws. All matters pertaining to the legality of action taken by the Board, the legality of contracts entered into by the provincial Chief Executive and the review and updating of the rules of the Provincial Board.

b) Committee on Appropriations. All matters relating to the approval of the budgets; the appropriation funds for the payment of the obligations; the determination of compensation of personnel; the reorganization of local offices; taxation ordinances and monetary and fiscal matters.

a) Committee on Public Works, Transportation and Communications. All matters relating to planning, construction, maintenance, improvement and repair of public buildings, highways, bridges, road and airports, parks, shrines, monuments, and other public edifices, drainage sewerage, tunnels and aqueducts and flood control, and protection, irrigation dams, ports and harbors and water utilities, land, sea and air telecommunication services.

b) Committee on Education and Welfare. All matters relating to education, local schools, colleges and universities; libraries; non-formal and community adult education; scientific and technological research, development and advancement and out of school youth and training, including pre-school education;

c) Committee on Women and Family. All matters relating to the enhancement of the role of women in nation building and the protection of the family as the basic institution.

d) Committee on Youth and Sports. All matters relating to the youth; the promotion of the youth’s physical, moral, spiritual, intellectual and social well-being; the organization of youth councils; and the development of sports and sportsmanship in the community.

e) Committee on Environmental Protection and Natural Resources. All matters pertaining to the utilization, protection, development and management of natural resources as well as the

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enhancement and proper care of the environment including our forest resources.

f) Committee on Cooperatives and Non-Government Organizations. All matters pertaining to people’s organization and people empowerment as well as matters concerning organizations, development and growth of cooperative movement and all matters pertaining to accreditation of non-government organization by the Sangguniang Panlalawigan.

g) Committee on Agriculture and Aquatic Resources. All matters pertaining to the utilization, development, protection, management and enhancement of our agricultural crops and aquatic resources.

h) Committee on Trade and Industry. All matters relating to the promotion, development of commerce, trade and industry and strengthening and development of commerce, trade and industry and the proper supervision and enforcement of regulatory measures and rules pertaining to the conduct of all kinds of economic activity.

i) Committee on Health and Social Services. All matters relating to the strengthening and development of public health and hygiene; medical hospitals and quarantine services, social welfare and ameliorative services.

j) Committee on Local Government. All matters relating to the creation of municipalities and barangays, conflict in boundaries and problems affecting said local government units.

k) Committee on Cultural Heritage and Tourism Development. The committee shall have prior jurisdiction over matters relating to the development and maintenance of tourist spot, establishment and improvement of tourist facilities and all matters pertaining to the development, promotion and preservation of our cultural heritage.

l) Committee on Special Concerns. All matters pertaining to the protection of cultural minorities, the disabled, the handicapped and the elderly particularly with regards to the delivery of basic services, promotion and protection as well as their welfare.

m) Committee on Ethics and Blue Ribbon. All matters pertaining to the investigation, or inquiries, desire to acquire information and data related to complaints and or reported irregularities of all matters that may be referred to by the Board in aid of legislation.

n) Committee on Human Rights, Public Order and Security. All matters relating to the promotion and enhancement of individual rights as provided for in the Bill of Rights of the Constitution; and all matters relating to the maintenance of public order and security and to matters pertaining to the Philippine National Police and other military agencies/establishment.

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o) Committee on Reorganization, Civil Service and Human Resource. All matters pertaining to the personnel, human resource development, civil service and labor-related problem.

p) Committee on Energy. All matters pertaining to the development, management and enforcement of regulatory measures in the proper utilization of energy as regard to the enhancement of economic productivity.

q) Committee on Appointment. All matters pertaining to the reorganization and all matters pertaining to the rules and regulations of Civil Service shall be referred to this Committee and also all matters pertaining to manpower, training and development shall be under the jurisdiction of this Committee.

The Sangguniang Panlalawigan shall constitute themselves as the Committee on Appointments whenever appointments of Heads of Office and agencies are referred to the Sanggunian for concurrence.

In the deliberation of such appointments, the committee shall be guided by the following terms of reference and procedures:

A) “Majority of all Sangguniang Panlalawigan Members” shall be defined as 50% of all members of the Sangguniang Panlalawigan plus one member.

B) “Date of Submission by the Governor” shall refer to the date officially received by the Office of the Sangguniang Panlalawigan.

C) “Act on the appointment within 15 days” shall be construed to mean as any action made by the Sanggunian in session assembled on the request for concurrence, such as referral to the Committee on Appointments; non-referral by the Sanggunian to said Committee within 15 working days from date of submission shall be construed as confirmation of an appointment; Provided, however, that the 15 day prescription in the Local Government Code shall not apply if the Sangguniang Panlalawigan is in recess or if session is adjourned.

D) All appointments of heads of offices and agencies shall be considerate and decided upon by the Committee on Appointments.

E) The Committee may call on any person or persons to appear before such committee and request this opinion, views or comments on the appointment under consideration. All information and documents submitted to the Committee must be duly notarized as the true and correct copy.

F) The Committee may issue the subpoena ducestecum for documents, information and data needed in considering an appointment.

G) The person whose appointment is under consideration may be invited to participate in the deliberations of his appointment; provided, however, that everything he says shall be under oath.

H) The Committee shall meet only twice to deliberate on a particular appointment, if a member of the Committee objects to the confirmation of appointment during the first meeting, consideration of said appointment is deferred. If no 2/3 vote of all the members of the Sangguniang Panlalawigan is reached on the second meeting, such as appointment is null and void.

I) The Chairman of the Committee shall advise, in writing, the Governor of any decision reached on a particular appointment.

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a) In case of non-concurrence of an appointment, the Committee will advise the Governor to submit the name and curriculum vitae of another person as replacement within 30 days from date of receipt by the Governor of the decision, otherwise, the Sangguniang Panlalawigan may, in consultation with the Governor, indorse and confirm another person; and b) In case of non-concurrence and when the Sangguniang Panlalawigan has already indorsed another person, other than that appointed by the Governor for a particular position, the Committee, in consultation with the Governor, may confirm the person indorsed by the Sangguniang Panlalawigan.

r) Committee on Ways and Means. All matters pertaining to revenue-raising measures and all matters requiring studies on revenues, assessment and land taxes.

s) Committee on Oversight.3This Committee shall monitor and evaluate, in accordance with set standards and program of work, the implementation of provincial projects, as well as the sources and uses of funds of the Provincial Government. It likewise looks into the matters not included in the other committee functions.

t) Committee on Special Programs, Planning and Development.4This Committee takes care of all the plans and researches or developmental plans which will cater to the needs and interests of the province. It has jurisdiction over the review of Special Programs in the Provincial Government.

u) Special Committee on Public Affairs and Information. This Committee shall see to it that matters which are approved or matters which are being undertaken by the Provincial Board are properly disseminated to the general public.

v) Committee of the Whole. This Committee acts as the Investigative and Adjudicative arm of the Sangguniang Panlalawigan which shall have jurisdiction over all matters relating to Chapter 4, Title 2 Book I of RA 7160.

w) Committee on Housing, Resettlement and Population Management.13 This Committee shall act on all matters relating to housing development projects or programs; formulate and enforce regulatory measures pertaining to social housing and conduct official inquiry on all matters relative to housing and squatting problems brought before the Sangguniang Panlalawigan for resolutions.

Section 5. In cases where public officials/department heads or employees are directed to attend the sessions of the Provincial Board or to any Committee hearings, a formal notice shall be issued three (3) days before the meeting or hearing.

3That the Oversight Committee on Budget and National agencies as earlier proposed shall be returned to its original form and title under Rule II. Sec. 4-u “ Committee on Oversight.

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Section 6. Any officials, department head or employee of the Provincial Government and its component city who failed to attend, without justifiable grounds, shall be immediately recommended to the appointing authority or Chief Executive for appropriate disciplinary action in accordance with Civil Service Rules and Laws.

RULE III. SESSIONS

Section 1.The Provincial Board shall meet at least once a week for its regular sessions. When public interest so demands, special sessions may be called by the Governor or by a majority of the members of the Board as provided for by law.

2That Sec. 4.v. Committee on Research/Planning and Development shall be changed to Committee on Special Programs, Planning and Development pursuant to Provincial Ordinance No. 1177-10.

13That Sec. 4.y. Committee on Housing, Resettlement and Urban Poor shall be created and added as a regular committee pursuant to Ordinance No. 1190-10 and later changed its title into Committee on Housing, Resettlement and Population Management as per Ordinance No. 1220-11 as amended.

Unless otherwise provided by the Board, its regular session shall be held once a week every Tuesday at 9 o’clock in the morning at the Session Hall of the Sangguniang Panlalawigan.14

Section 2. In the case of special sessions of the Board, a written notice to the members shall be served at the member’s usual place of residence at least 24 hours before the special session is held.

Unless otherwise concurred in by 2/3 vote of the members present, there being a quorum, no other matters maybe considered at a special session except those stated in the notice.

Section 3. All sessions of the Board shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the interest of the public or for reasons of security, decency or morality. The Secretary and her staff and others specifically authorized by the Board may be admitted to the closed-door sessions. They shall be instructed to preserve secrecy over matters delivered on the Executive Session.

Section 4. a) A Majority of all the members of the Board who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the Presiding Officer shall immediately proceed to call the roll of the members thereafter announce the results.

b) Where there is no quorum, the Presiding Officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the board, to be assisted by the Sgt-at-Arms, to bring the absent member and present him at the session.15

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c) If there is still no quorum despite the enforcement of the immediately preceding sub-section, no business shall be transacted. The Presiding Officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.16

14The old provisions on Chapter XV, Rule III, Section I was amended pursuant to Provincial Ordinance No. 5800-2004, which old provisions were read as follows: Section I. The Provincial Board shall meet at least once a week for its regular sessions. When public interest so demands, special sessions may be called by the Governor or by a majority of the members of the Board as provided for by law. Unless otherwise provided by the Board, the regular meeting shall be held every Tuesdays of the First and Third week of the month and Fridays of the second and fourth week of the month at 3:00 o’clock in the afternoon at the Sangguniang Panlalawigan Session Hall.

15The old provisions on Chapter XV, Rule III, Section 4, sub-par b was amended pursuant to Provincial Ordinance No. 5800-2004, which old provisions were read as follows: Section I. Where there is no quorum, the Presiding Officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Board, to be assisted in the territorial jurisdiction of the local government unit concerned, to arrest the absent and present him at the session.

16 XV, Rule III, Section 4, paragraph (d) was deleted by virtue of Resolution No. 5800-2004. Par (d): Session of the Board shall be held at the Provincial Capitol Complex or in any place as the Board may decide. Session will start at 3:00 o’clock in the afternoon every Tuesdays of the first and third week of the month and fridays of the second and fourth week of the month.Section 5. A permanent seat shall be assigned to members of the Board to be determined by lots. Provided that the Chairman Pro-tempore shall occupy the aisle seat in the front row on the right side facing the Presiding Officer. The majority Leader shall likewise occupy the aisle seat in the front row on the opposite side.17

The Majority Floor Leader, the Minority Floor Leader and their Assistances may select a convenient seating assignment as their duties demand.

RULE IV. AGENDA AND ORDER OF BUSINESS

Section 1. The Order of Business of the Provincial Board shall be as follows:

a) Doxologyb) Invocationc) National Anthem d) Pledge of Allegiance to the National Flage) Recitation of the Provincial Board Member’s League of the Philippines creedf) Singing of the Palawan March and Cuyono Songg) Roll Call h) Reading and Approving of the Minutes of the preceding session

provided however, that the reading maybe dispensed with upon approval of a majority of the members present

i) Privilege Hour j) Reference of Business

j.1- Items on the First Readingj.2- items on the Second Readingj.3- communications received for Board actionj.4- resolutions/ordinances received for Board action

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j.5 –unfinished business (k) Other matters18

(l) Question and Answer Hour (m)Adjournment

Section 2. Any member may speak for not more than ten (10) minutes on any question of general interest during the Privilege Hour. The Majority Floor Leader shall be responsible for the just, equitable and efficient use of the Privilege Hour by the Members of the Board. Prior to delivering his speech, a Member availing of the Privilege Hour shall first submit a written thereof to the majority Leader and the Presiding Officer who shall cause the same to be distributed to the members present. He shall refrain from libelous or slanderous utterances and shall avoid

17 The old provisions on Chapter XV, Rule III, Section 5 was amended pursuant to Provincial Ordinance No. 5800-2004, which old provisions were read as follows: Section 5. A permanent seat shall be assigned to members of the Board to be determined by lots.

18 Letter (k) was added pursuant to Resolution No. 5800-2004. Further, the items under other matters shall only be included in the agenda if the same were received by the Committee on Rules and Laws not later than its meeting immediately before the regular session in which it is calendared for business and provided further that it is approved for inclusion by the Committee; provided finally that the said items shall be specified in the agenda for information of the members. Res. No. 5800-2004.

causing undue embarrassment to anyone concerned. He shall likewise avoid purely partisan matters and shall refrain from giving undue publicity to matters already under consideration or investigation by another office or agency of the government. Upon motion by the Floor Leader, expunge from the records the entire speech or any portion thereof which may be libelous or slanderous or tends to cause shame or embarrassment to any person; he may also declare the speaker as being out of order if he persists in his speech despite being directed to desist therefrom.19

Section 3. Question of Personal and/or Collective Privilege. The Question and Answer Hour shall be held as often as necessary in aid of legislation. Its subject shall include matters pertaining to a Privilege Speech, those relating to an ordinance or resolution and to any matter of public interest. This section shall not in any manner be so interpreted as to pre-empt any committee in the exercise of its powers and functions.

At anytime during the session any member previously recognized by the Presiding Officer, may rise on a question or matter affecting his person or official capacity or that of the Sangguniang Panlalawigan as a whole. The members so recognized shall be allowed to speak for not more than ten minutes unless extension is granted. A written copy of the speech may be submitted to the Presiding Officer and the floor leader.20

Section 4. During the Question Hour, all department heads, private individual, chief of office and other officials and employees of any municipality in Palawan, that of the provincial government, and that of national government agencies, entities and government corporations assigned in Palawan or any private individual maybe required to appear before the Board to answer questions by the members thereof. Written questions may be submitted to the Majority Floor Leader at least three (3) days before the scheduled question hour. Interpellations however shall not be limited to the written questions, but may cover matters relative thereto.

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Any member may, upon being recognized, by the presiding Officer, interpellate the speaker on matters covered by the speech referred to in the two preceding sections. Provided that, if the speaker has already taken his seat or has otherwise left the session hall, he can be interpellated only if assents to it.21

Sec. 5. Question and Answer Hour.22

5.1 During the Question Hour, all department heads, private individual, chief of office and other officials and employees of any municipality in Palawan, that of the provincial government, and that of national government agencies, entities and government corporations assigned in Palawan or any private individual maybe required to appear before the Board to answer questions by the members thereof. Written questions may be submitted to the Majority Floor Leader at least three (3) days before the scheduled question hour. Interpellations however shall not be limited to the written questions, but may cover matters relative thereto.

19 Section 2 has been amended pursuant to Resolution No. 5800-2004.20 Section 2 has been reworded pursuant to Resolution No. 5800-2004.21 Section 4 has been amended pursuant to Resolution No. 5800-2004.22 Section 5 has been amended pursuant to Resolution No. 5800-2004.

5.2 The conduct of the Question and Answer Hour shall be initiated by motion of any member and thereafter voted affirmatively by majority vote; provided that the Question and Answer Hour shall be held not earlier than the next regular session depending on the Board’s calendar of business with due notice to the invited officials or personalities.

5.3 The Board shall declare in contempt any person who refuses, without justifiable cause, to appear before the Board for the Question Hour. The pertinent rules on indirect contempt under Rule 71 of the 19976 Rules on Civil Procedure shall be applicable herein.

RULE V. FILING, CONSIDERATION AND APPROVAL OF RESOLUTIONS AND ORDINANCES

Section 1. Proposed resolutions and ordinance shall be signed by the author or authors and filed with the Secretary who shall number and transmit the same to the Majority Floor Leader for inclusion in the Agenda. All proposed ordinances and resolutions shall be calendared for the first time and shall consist only in the reading of its title. After the reading thereof, it shall be referred to the proper committee for study, comment and recommendation.

Section 2. After the proposed ordinance is reported favorably by the committee concerned, it shall be calendared for second reading. The Board may then proceed to deliberate, enumerating items, debate. Discuss, amend and otherwise take final action. Not more than 2 sponsorship speeches shall be allowed in favor of a proposed ordinance and not more than an equal number shall be allowed to speak against it. After the speeches, a general discussion follows.

The Presiding Officer shall then announce the period for amendments. Any member desiring to propose an amendment shall be allowed to speak for not more than 5 minutes, the same time limitation shall be allowed to any who

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may oppose the proposed amendment. After the discussion, the amendment shall be voted upon. Other amendments may then be proposed. A proposal for an amendment to an amendment may not further be amended.

After the period for amendment the proposed measure as amended shall be discussed and then voted upon.

Section 3. All ordinances which have been approved in Second Reading shall be presented to the Board in its final form for Third Reading and all resolutions which have been approved in the first reading shall be presented not later than the 2nd session day immediately following the day of their approval.

Section 4. The Board may not refer any proposed resolution or ordinance to a particular committee, if by its nature, approval of the same is urgently necessary.

RULE VI. DECORUM AND DEBATE

Section 1. Debates: Rules and Procedure – For purposes of decorum and to maintain a system of orderly proceedings, the following rules shall be observed:

a) During debates, a member shall confine himself to the questions before the Board. He shall observe proper decorum and avoid personalities during the entire proceedings;

b) In referring to another member, the latter shall always be referred to by official title;

c) Before any matter is debated upon, a motion shall first be made, duly seconded and stated by the Presiding Officer;

d) Only the Presiding Officer shall rule on a verbal motion as out of order; otherwise, the Presiding Officer shall state the question before the Board for its consideration and approval.

e) Any member may modify a motion through suggestions. The movant, with the consent of the “seconder”, shall have the right to make such modification as he pleases or to withdraw in its entirety a motion before the Presiding Officer stats the question;

f) For purposes of obtaining the floor, a member shall rise or raise his hand and address the Presiding Officer, “Mr. Presiding Officer:” or “Mr. Chairman”. A member can do so only after the member who has the floor yields the same;

g) The Presiding Officer shall be the only authority to recognize any member by announcing the latter’s name as a sign of recognition that such member has the floor;

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a) When two or more members rise at the same time, the member whose name is first called by the Presiding Officer is recognized and shall be entitled to the floor;

b) Any member sponsoring any measure under consideration may open and close the debate when a general debate has been ordered thereon;

c) When the Board is in session no member shall pass between another who haws the floor and the Presiding Officer;

d) No members shall walk out or cross the session hall when the Presiding Officer is addressing the Board.

e) Members of the Board shall observe a Dress Code consisting of a formal attire either in Barong Tagalog, Polo Barong, Coat and Tie or Shirt and Tie. A member not in formal attire will not be recognized.

Closure of Debates.

The Presiding officer may motuproprio or upon motion of the floor leader, declare the termination of the interpellation or debate if and when he is satisfied that the matter has been thoroughly discussed and when other urgent business is to be considered by the Body. (Resolution No. 5800-2004)

RULE VII. VOTING

Section 1. The Chairman shall put a question to a vote and shall do it in this form: “AS MANY ARE IN FAVOR” (as the question may be), “RAISE YOUR RIGHT HAND”, and after the affirmative vote is expressed, “AS MANY ARE OPPOSED? RAISE YOUR RIGHT HAND”.

Section 2. Any member may be allowed to explain his vote in not exceeding three (3) minutes during nominal voting.

Section 3. No motion except on the presence of a quorum shall be entertained during the voting.

RULE VIII. RECONSIDERATION

Section 1. When a motion, report or resolution has been adopted or lost, any member may file a motion for reconsideration if the matter is still within control of the Board. Such motion shall take precedence over all other questions, except a motion to adjourn.

Section 2. A motion for reconsideration shall not be withdrawn without the consent of the majority of the members of the Board. The effect of the adoption of the motion to reconsider is to open a new debate on the motion

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to reconsider is to open a new debate on the motion, report or resolution adopted or lost.

Section 3. No petition, memorials or resolution referred to a committee, or reported therefrom for printing and recommitment shall be brought back to the Sangguniang Panlalawigan on a motion to reconsider.

RULE IX. MOTION AND THEIR PRECEDENCE

Section 1. Every motion shall be entered on the minutes with the name of the sponsor or member presenting it.

Section 2. When a motion has been moved and seconded, the Chairman shall state it clearly before it is debated, and it shall then be considered as having been brought to the attention of the Board provided it may be withdrawn at any time before it is voted upon or amended.

Section 3. When a question is under debate, no other motions shall be entertained, except to adjourn, to declare a recess, to lay on the table, to refer, and to postpone indefinitely. These motions shall have the precedence in the foregoing order, and no motion to refer, or to postpone indefinitely, having failed to pass, shall be allowed again on the same date and at the same stage of the question.

Section 4. When a motion or proposition is under consideration, a motion to amend and a motion that amendment by way of a substitute, but the latter shall not be voted on until the original motion or proposition is perfected, and any of said amendments may be withdrawn before a decision is handed thereon.

Section 5. No motion or proposition on a subject different from that under consideration shall be admitted under the guise of an amendment.

Section 6. When a question covers two or more matters which are distinct in substance so that when one is taken away, the remaining presents a substantive proposition, such question, upon motion made and duly seconded, shall first be divided before it is presented for discussion.

Section 7. A motion to strike out or to insert is indivisible, but if the motion to strike out has been lost, it shall preclude neither an amendment nor motion to strike out and insert.

Section 8. Amendment to the title of a resolution shall not be in order until after the text thereof has been perfected. Amendments to the title shall be decided without debate.

Section 9. When the reading of a paper other than the one upon which the Sangguniang Panlalawigan is called to give a final vote is demanded, and the same is objected to by any member, it shall be determined without debate by vote or the Sangguniang Panlalawigan.

Section 10. A motion to read any part of the Rules is equivalent to a call to order or question and takes precedence of any motion other than to adjourn.

PARLIAMENTARY MOTIONS IN ORDER OF PRECEDENCE

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Privilege Hour:

1. Fix time to adjourn2. Adjourn3. Take Recess – Undebatable4. Question of Privilege5. Call of Orders of the Day

Appeal – Debatable

Incidental Motions:

1. Division of Assembly2. Division of a Question3. Filling Blanks4. Objection5. Parliamentary Inquiry – Undebatable6. Point of Information7. Point of Order8. Read Papers9. Suspend the Rules – requiring 2/3 vote10. Withdrawing a Motion

Subsidiary Motions:

1. Lay on the Table2. The previous Questions (Close Debate) requiring 2/3 vote3. Limit or Extend Debate – requiring 2/3 vote – undebatable4. Postpone to a Definite time5. Refer to a Committee6. Amending the Amendment7. Amendment

Miscellaneous Motions after Action has been taken on Main or Principal Motion:

1. Take from Table – undebatable2. Rescind – debatable – majority vote without notice3. Reconsider – debatable – majority vote with notice4. Ratify

RULE X. QUESTIONS OF PRIVILEGE

Section 1. Question of Privilege are:

First: - Those affecting the rights of the Sangguniang Panlalawigan, its safety, dignity and the integrity of its proceedings.

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Second: - Those affecting the rights, regulations and conduct of the members either individually or collectively in their representative capacity only.

Section 2. Questions of Privilege shall have precedence on all other questions except a motion to adjourn.

RULE XI. PRIVILEGED QUESTIONS

Section 1. Privileged questions shall include, besides question of privilege, a call for the order of the day and privileged motion relating to adjournment and recess.

a) A call for the Order of the Day demands that the Board conform to the order of business and such motions need not be seconded.

b) Any member shall have the right to demand that the order of Business be complied with.

RULE XII. SUSPENSION OF THE HOUSE RULES

Section 1. No rules shall be suspended except by a two-third (2/3) vote of the members, a quorum being present.

Section 2. Pending a motion to suspend the Rules, no motion to adjourn may be entertained until after the vote is taken on suspension.

Section 3. When a motion to suspend the Rules for the passage of any measure has been seconded as provided above, it shall be in order, before the final vote is taken thereon, to debate, on the proposition to be voted upon. Upon termination of the debate, the passage of the measure shall be voted upon with suspension of the Rules and if two-thirds (2/3) of the members voting shall be in favor of said measure, the same shall be considered as having passed, but not otherwise.

RULE XIII. THE PAPERS

Section 1. The Committees, as they disposed of their business shall have the papers relating thereto delivered to, thru the Secretary of the Board be kept and preserved in the archives of the Provincial Board.

Section 2. The Secretary of the Provincial Board shall keep and file in said archives all resolutions, petitions and other papers submitted by the different committees of the Board.

All papers of a confidential in nature on which the committee is concerned, or the Sangguniang Panlalawigan may order to be considered confidential, shall be so marked and placed in the confidential files of the Secretary.

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No papers confidential in nature may be released without the approval of the majority of the members of the Sangguniang Panlalawigan.

RULE XIV. USE OF SESSION HALL

Section 1. The Session Hall of the Provincial Board shall be used exclusively for the sessions of the Sangguniang Panlalawigan and Meetings of any of its regular, special, Ad Hoc, Committee, sub-committee and for conference.

Section 2. Where the use is necessary for any other public purpose, a two-thirds (2/3) vote of all the members is necessary.

Section 3. Where the Provincial Board cannot meet for the purpose of getting the 2/3 vote, the Presiding Officer, may obtain the consent of the members by means of a memorandum.

Section 4. Inter Local Legislative Cooperation - There shall be a regular exchange of ideas on legislative policies, programs and activities among and between the Sangguniang Panlalawigan and Pambayan. The monthly meetings of the League of the Vice Mayors and the Municipal Secretaries are a proper forum for the achievement of this objective where the Presiding Officer of the Sangguniang Panlalawigan or authorized representative shall attend. The Secretary of the Sangguniang Panlalawigan shall inform the Sangguniang Bayan of current issues affecting their offices. All these and other initiatives shall be in aid of effective and quality local legislation.

Section 5. Establishing Parameters in the Determination of Legislative Performance – The Sangguniang Panlalawigan, Pambayan and Pambarangay, just like any government entity shall evaluate its own legislative performance as a gauge to its accomplishments in any given period. The following are the parameters or indicators of an effective and efficient local legislative Body.

a) Qualitative measures passed through the legislative processes;b) Substantive representation from the public and affected sectors during

committee and public hearings;c) Adherence to required number of sessions;d) Sangguniang Committees are shifters of alternatives and refiners of

legislative details and not merely receivers of opinions;e) Effective and retrieval of legislative records;f) Non-veto or challenges on enacted ordinances; andg) Presence of a dynamic and creative staff.

Section 6. The Legislative. Executive Development Advisory Council – There shall be crated a Legislative-Executive Development Advisory Council in the Sangguniang Panlalawigan.

a) Composition.

The Committee shall be headed by the Provincial Governor as the Chairman, Provincial Vice Governor as Co-Chairman and five (5) Members. The Chairman shall appoint three (3) members and the Co-

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Chairman shall appoint two (2) members. The Secretary to the Sangguniang Panlalawigan shall act as the Secretary to the Committee.

b) The functions of the Committee shall be the following:

1) To recommend to the Provincial Governor appropriate and necessary measures to the Sangguniang Panlalawigan and work for their enactment;

2) To monitor the implementation by the Provincial Governor of all resolutions and ordinances, approved by the Sangguniang Panlalawigan;

3) To assess the effect or impact on the citizens, and others concerned, of approved measures being implemented;

4) To report and recommend to proper officials or agencies the result of their work and such measures it feels necessary and imperative to be undertaken.

RULE XV. EFFECTIVITY

The Rules shall take effect immediately upon approval. Adopted this 25th

day of June 2013.

RULES OF PROCEDURES OF THE COMMITTEE OF THE WHOLE ON ADMINISTRATIVE INVESTIGATION AND ADJUDICATION OF THE

SANGGUNIANG PANLALAWIGAN OF PALAWAN

RULE 1. GENERAL PROVISIONS

The Committee of the Whole on Administrative Investigation and Adjudication, hereinafter referred to as the Committee, is composed of all members of the Sangguniang Panlalawigan which shall have jurisdiction over all matters relating to Chapter 4, Title 22, Book 1 of RA 7160.

The Committee shall act as the investigative and adjudicative arm of the Sangguniang Panlalawigan clothed with power to hear complaints against an elective official and determine the matter before it.

The Committee shall always be guided by the Basic Constitutional Principles of Presumption of Innocence, Due Process of Law and Equal Protection Clause, as well as by the Rules of Procedures of the Committee.

The Committee shall not be bound by the technical rules of court practice and procedures. Rules of Evidences shall be liberally interpreted during the deliberation by the Committee of the matter before it: Provided, however,

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that the substantive due process requirement of fairness and reasonableness must be observed at all times.

The Rules of Procedures may be modified, amended, or repealed by two-thirds (2/3) vote of all Committee members.

When the interests of justice so require, the Committee, by a majority vote of its members, may adopt any special procedures, not inconsistent with the principles of due process and equal protection clause, to resolve a particular matter before it. Copies of such special procedures shall be furnished to all parties in the matter.

RULE 2. DISCIPLINARY ACTIONS

A). The Committee shall be guided by the “Grounds of Disciplinary Actions” as provided for in Section 60, Chapter 4, Title 2, Book 1 of RA 7160, in resolving complaints against elective local officials.

B). The Committee shall recommend the necessary sanctions against elective local officials, who, after due process, are found to have violated the provisions of law, particularly RA 7160. However, the penalty of suspension to any erring elective official must have the concurrence of two thirds of all Committee members: Provided, that, the penalty of suspension shall not exceed the unexpired term of respondent, or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications so required.

RULE 3. MEETINGS AND QUORUMS

A). All proceedings of, including the taking of testimonies by the Committee shall be open to the public. All testimonies, whether taken by the deposition or things produced pursuant to subpoena of otherwise, shall be deemed to have taken or produced in Executive Session.

B). The quorum for the Committee to conduct business on a particular case shall be a majority of the members present during the hearing.

C). The judgment, order or decision of the Committee adjudicating the rights of the parties concerned shall be valid only upon approval of the majority of all the members present of the Committee, provided that in the case the penalty imposed is suspension, the procedure provided for in the paragraph b of Rule 2 of this Rules of Procedures shall be strictly observed.

RULE 4. COMPLAINTS

A). A complaint referred to the Committee shall be in writing, under oath and dated, setting forth in simple, concise, and direct statement the following:

1) the name and legal address of the party filing the complaint (hereinafter referred to as the complainant);

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2) the name, elected position, municipality and legal address of the respondent;

3) the nature of alleged violation and the facts alleged to give rise to the violation, the complaint shall not contain innuendo, speculative assertions, or conclusory statements;

B). Any document in the possession of the complainant that relate to the allegations may be submitted with the complainant.

C). The Committee may defer action on a complaint when the Committee has reason to believe such conduct is being reviewed by appropriate law enforcement, regulatory authorities or a court. The Committee shall report to the Legislative Body, copy furnished the complainant, of such action.

D). A complaint may not be amended without leave of the Committee. Otherwise, any new allegations of improper conduct must be submitted in a new complaint that independently meets the procedural requirements of the House Rules and the Committee’s rules.

RULE 5. RIGHTS OF RESPONDENTS AND WITNESSES

A). A respondent shall be informed of the rights to be represented by a counsel, to be provided at his or her own expense.

B). A respondent may seek to waive any procedural rights or steps during the hearing process. A request for waiver must be done in writing, signed by the respondent, and must detail what procedural steps the respondent seeks to waive. Any such request shall be subject to the acceptance by the Committee.

C). Witnesses shall be afforded a reasonable period of time, as determined by the Committee, to prepare for the hearing and to obtain a counsel.

D). Except as otherwise specifically authorized by the Committee, no Committee member or staff member may disclose to any person outside the Committee the name of any witness called or subpoenaed to testify or to produce evidence. No member of the Committee may make a statement that would prejudice the pending case.

E). Prior to their testimony, witnesses shall be furnished a printed copy of the Committee’s Rules of Procedures.

F). Witnesses may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. The Chairman of the Committee may punish breaches of orders and decorum, and of professional responsibility on the part of the counsel, by the censure and exclusion from the hearings; and the Committee may cite the offender for contempt.

G). The Committee shall not be liable to pay for any compensation in the form of attorney’s fees of the witness’ counsel or for a witness’ lost earnings.

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H). Upon approval of the Committee, a witness, upon request, may be provided with a transcript of his or her deposition or other testimony taken, or with the approval of the Chairman, may be permitted to examine such transcript in the office of the Committee. Any such request shall be done in writing and shall include a statement that the witness, and counsel, agrees to maintain confidentiality of all proceedings covered by such transcript.

RULE 6. ADMINISTRATIVE PROCEDURES

Notwithstanding the provisions of law:

A.) The Committee, within seven (7) days from receipt of a verified complaint in accordance with Rule 4 of this Rules of Procedures, shall notify in writing the respondent, enclosing a copy of the verified answer to the complaint against him or her within fifteen (15) days from receipt of the said notice.

B.) The respondent may, in writing within fifteen (15) days prescriptive period, request for another fifteen (15) days extension within which to submit a verified answer. Such a request, if deemed meritorious by the Committee, shall be granted without formally notifying the Respondent.

C.) Failure, without justifiable reason, on the part of the Respondent to submit a verified answer within the time prescribed shall be construed as a waiver of the right of the respondent, and the Committee shall render the respondent in default and shall proceed with the proper disposition of the subject case.

D.) Within ten (10) days from receipt of a verified answer and when all the issues are joined, the Committee shall commence investigation of the case and when deemed necessary may recommend the preventive suspension of the respondent pursuant to and in accordance with Section 63, Chapter 4, Book I of RA 7160.

E.) The investigation of the case shall be terminated within ninety (90) days from the start of the investigative hearing thereof. The Committee shall, within thirty

(30) working days, render a decision stating clearly and distinctly the facts and the reasons for such a decision. The said decision shall be reported in Plenary session for approval.

RULE 7. INVESTIGATIVE HEARING PROCEDURES

A.) All such hearings shall be open to the public unless the Committee determines that the hearings or any part thereof should be closed door.

B.) The Chairman of the Committee shall ask respondent and all witnesses whether they intend to be represented by counsel. If so, respondent or witnesses or their legal representatives shall provide written designation of counsel. A respondent or witness who is represented by counsel shall not be questioned in the absence of counsel unless an explicit waiver is obtained.

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C.) The Committee shall provide the respondent an opportunity to present, orally or in writing, a statement, which must be under oath or affirmation, regarding the allegations and any other relevant questions arising out of the inquiry.

D.) Any relevant evidence shall be admissible unless the evidence is privileged under the precedents of the Sanggunian.

E.) The Chairman of the Committee shall rule upon any question of admissibility or pertinency of the evidence, motion, procedure, or any other matter, and may direct any witness to answer any question under penalty of contempt. A witness, witness’ counsel, or a member of the Committee may appeal any evidentiary ruling to the members present at that proceeding. The majority vote of the members present on such an appeal shall govern the question of admissibility and no appeal shall lie to the Committee.

F.) The complainant and the respondent, or their counsel, may, subject to the approval of the Committee, enter into stipulations of facts that are not in dispute.

RULE 8. ADMINISTRATIVE APPEAL/FINALITY OF JUDGMENT

A). All cases decided by the Committee of the Whole, AN ADMINISTRATIVE INVESTIGATION AND ADJUDICATION OF THE SANGGUNIAN to be appealed from.

B.) In case where appeal is taken, the perfection of the appeal shall be upon the expiration of the last day to appeal by any party.

C.) No party shall be allowed a second motion for reconsideration of a final order, judgment or resolution.

D.) If no appeal is taken by any party, all cases decided by the COMMITTEE OF THE WHOLE shall become final and executor after thirty (30) days from receipt of order/judgment or resolution by any party.

CHAPTER XVIIMPLEMENTING RULES AND REGULATIONS

SECTION 1. Formulation of Implementing Rules and Regulations. – Immediately after the approval of this Code, the Oversight Committee of the Sangguniang Panlalawigan as herein created shall be convened by the Vice Governor and Presiding Officer to formulate and issue the appropriate rules and regulations of any and all provisions of this Code.