OFFICE OF THE SANGGUNIANG · PDF fileOFFICE OF THE SANGGUNIANG BAYAN . ... “ORDINANCE NO. 2010-01 . ... Liga Ng Barangay as Ex-Officio Members are elected by their respective groups

Republic of the Philippines

Province of Aklan Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 2ND REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION

HALL ON JULY 08, 2010

PRESENT: Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer Hon. Nilda B. Tambong - SB Member Hon. E. Soviet R. A. Dela Cruz - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Mark Mitchell C. Sy - SB Member Hon. George L. Quimpo - SB Member Hon. Peter Jene N. Lao - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Wendell P. Tayco - SB Member, President, Liga ng mga Brgy. ABSENT: Hon. Mary Agnes Jesm I. Gallardo - SB Member, SK President (Filial Leave)

“ORDINANCE NO. 2010-01

ORDINANCE ADOPTING THE INTERNAL RULES OF PROCEDURE (2010-2013) FOR THE SANGGUNIANG BAYAN OF KALIBO PROVINCE OF AKLAN

WHEREAS, the Sangguniang Bayan of Kalibo is a legislative body, duly organized pursuant to law for the enactment of Ordinances and the adoption of Resolutions, for the governance of the Local Government Unit of Kalibo; WHEREAS, this Rules shall serve as handbook of all the members of the Sangguniang Bayan in the exercise of its duties and responsibilities in enacting local legislation; NOW THEREFORE, be it RESOLVED as it is hereby RESOLVED, by the Sangguniang Bayan of Kalibo in Session, to adopt the following Rules of Procedure to govern its deliberation;

Rule I MEMBERS

SECTION I. Composition - Membership of the Sangguniang Bayan of Kalibo, Aklan is composed of the Vice Mayor as Presiding Officer, the eight regular Members elected at large while the Sangguniang Kabataan Municipal Federation President and the President ng mga Liga Ng Barangay as Ex-Officio Members are elected by their respective groups in pursuant to their by-laws as mandated by the Local Government Code of 1991. SECTION 2. Term of Office - The term of office of the Members of the Sangguniang Bayan of Kalibo shall be as mandated by law and shall commence on such date likewise mandated by said law. SECTION 3. Oath of Office or Affirmation - All the members of the Sangguniang Bayan of Kalibo shall, upon assumption to office, take an Oath of Office or Affirmation in the prescribed form, duly subscribed before a person authorized to administer oath, Copies of said Oath of Office or Affirmation shall be filed and preserved in the Office of the Municipal Mayor of Kalibo, Office of the Human Resource Management and the Office of the Sangguniang Bayan.

SECTION 4. Business and Financial Interest - Every Sanggunian Member shall, upon assumption of office, make a full disclosure of his business and financial interest.

Page 2 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01

Rule II THE PRESIDING OFFICER

SECTION 1. The Municipal Vice Mayor shall be the Presiding Officer of this Sanggunian and; as such shall have the following powers and duties:

a.) To preside over the meetings of this Sanggunian. b.) To preserve order from all present, due respect and proper deportment, prevent

disturbances and disorders, and to order the session hall cleared of any or all persons behaving improperly.

c.) To make brief remarks, comments or clarificatory questions on any measure pending deliberation by the body provided that he shall not express himself either for or against the said measure or question.

d.) To decide all question of order, subject to appeal by any member which appeal shall not be debatable but the member may explain his approval for not more than five minutes.

e.) To sign all ordinances, resolutions, orders, memorials, letter request, invitation, proceedings and warrants issued by or upon order of the Sanggunian.

f.) To declare the meeting adjourned and rescheduled to some other time or place in case of serious disorder or great emergencies.

g.) Exercise such other powers and perform such other functions as may be provided by law, ordinance or regulations.

SECTION 2. The Presiding Officer shall assist in expediting the business of the

Sanggunian and shall, for this purpose, be permitted to make brief remarks on matters pertaining to pending debatable questions without expressing himself for or against said questions. SECTION 3. As Presiding Officer, the Vice Mayor is entitled to vote but only in case of a tie. SECTION 4. As regular members of the Sangguniang Bayan, the Vice-Mayor, theoretically, is entitled to propose or introduce ordinance & resolution before said body, provided, that she will relinquish or designate any members of the Sangguniang Bayan to act temporarily as Presiding Officer in order for her to participate in the deliberations or floor discussion. SECTION 5. In the event of the inability of the regular Presiding Officer to preside at a Sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary Presiding Officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the Sanggunian in the session over which he temporarily presided.

Rule III THE SECRETARY

SECTION 1. There shall be a Secretary of the Sanggunian. He shall keep his office in the building where the Sanggunian meets or at some other convenient place as the Sanggunian may direct. Apart from the functions inherent to his position, his duties shall be as follows:

a) Attend meetings of the Sanggunian and keep a journal of its proceedings. b) Keep the seal of the local government unit and affix the same with his signature to all

ordinances, resolutions, and other official acts of the Sanggunian and present the same to the Presiding Officer for his signature.

c) Forward to the Municipal Mayor copies of ordinances and resolutions passed by the

Sanggunian and duly certified by the Presiding Officer in the manner provided in Section 54 under Book 1 of the LGC of 1991.


d) Forward to the Sanggunian Panlalawigan, for review, within three (3) days after approval, copies of approved ordinances and resolutions such as but not limited local development plans and public investment programs formulated by the local development councils.

e) Furnish, upon request of any interested party, certified copies of records of public

character in his custody, upon payment to the Treasurer of such fees as may be prescribed by ordinance.

f) Record in a book kept for the purpose, all ordinances and resolutions enacted or

adopted by the Sanggunian, with the dates of passage and publication thereof.

g) Keep his office and all non-confidential records therein open to the public during the usual business hours.

h) Assume custody of the local archives and, where applicable, the local library and

annually account for the same.

i) Furnish a Copy of Journal or Minutes of the Proceedings including Minutes of Public Hearing within 1 working day to the Members of the Sangguniang Bayan and immediately thereafter a copy of the approved minutes be sent to the Office of the Local Chief Executive.

j) Send notices and a copy of the agenda to each member of the Sangguniang Bayan,

at least twenty four (24) hours before each special or regular session.

k) Send notices and a copy of the agenda to each member of the Committee, at least twenty four (24) hours before each committee meeting or public hearing and/or upon call by the committee chairman or by the Committee on Rules, Laws and Ordinances.

l) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance relative to his position

SECTION 2. If the Secretary is absent or hindered by physical reasons to perform some of his duties, such as reading the minutes, resolutions, ordinances, and other documents or papers, the same may be performed by some other person who may be designated for the purpose by the Presiding Officer concurred by the majority of the Sangguniang Bayan.

Rule IV

COMMITTEES

SECTION 1. Internal Rules of Procedure – (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sanggunian concerned shall adopt or update its existing Rules of Procedure.

(b) The Rules of Procedure shall provide for the following: (1) The creation of standing committees which shall include but shall not be

limited to the Committee on Appropriations, Women and Family, Human Rights, Youth and Sports Development, Environmental Protection, and Cooperatives; the general jurisdiction of each committee; and the election of the chairmen and members of each committee provided that sectoral representatives shall automatically chair the committee corresponding to their sectoral group. The President of the local chapters of the Liga ng mga Barangay in provincial, city or municipal level shall likewise automatically chair the Committee on Barangay Affairs or its equivalent. (Art. 103, (b) (1) IRR, RA 7160).

SECTION 2. No member of the Sanggunian shall be Chairman of more than three (3)

standing committees. Each committee shall be composed of a Chairman, Vice Chairman and three (3) members.

Page 4 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01 SECTION 3. The Presiding Officer shall not be a member of any regular committee but may be designated by the body as Chairman of a “Special Committee” created for special purposes but not involving policy-making. SECTION 4. No member shall be elected to any committee which has jurisdiction over a matter regarding which such member has a direct personal or pecuniary interest. SECTION 5. Committee shall meet at the call of their respective Chairman or majority of their members provided, due notice to served upon each and every member thereof. SECTION 6. A majority of the members of the committee shall constitute a quorum to do business. Unexplained absence in three successive committee meetings shall operate to relinquish membership therein and a ground fore further disciplinary action. SECTION 7 When a vacancy occurs in a committee, the same shall be filled by a majority vote of all the regular members of the Sanggunian.

SECTION 8. Any committee may request, through the Presiding Officer, the appearance before it of any official of this local government over which this Sanggunian exercises jurisdiction. Any person may appear at a committee meeting and present his views in matters before it at such time as the committee may designate.

If the Official or Employee belongs to the Executive Department of this Municipality, the Committee Chairman shall request the Presiding Officer to invite before them the said public official and employee through Local Chief Executive as a resource person at least two (2) days before each special or regular session, committee hearing or at least twenty four (24) hours for urgent concerns.

SECTION 9. All Committee Reports shall be in writing, signed by its respective Chairman or Committee members indicating threat comments and recommendations thereto, which shall be submitted to the Sangguniang Bayan Secretary at least 2 days before the regular session, copies of which shall be furnished to all Sangguniang Bayan Members for their appropriate action. All Committee Reports that does not conform with the preceding paragraph shall not be included in the agenda for proper action. When a measure is referred to two or more standing committees, the committees concerned may submit joint or a separate report thereon. SECTION 10. Committee Report shall be adopted formally. Securing signatures of committee in lieu of a formal meeting is prohibited. SECTION 11. A committee member, unless he has entered his objections to the committee report or, in lieu thereof, has filed with the Secretary his dissenting vote in writing before the report is submitted to the body in open session, shall be precluded from opposing it on the floor except for some amendments thereto.

SECTION 12. A Committee, reporting out a proposed ordinance, shall submit a copy of its report and a copy of the proposed ordinance to the Committee on Rules which shall calendar the same for second reading. Copies thereof shall also be furnished every Sanggunian Member preparatory to its consideration on the floor.

SECTION 13. A Committee which has failed to submit a report on a particular question or for any similar valid reason, may be discharged by the body for further consideration of said question and may through the same motion, assign it to another committee or submit the question to the body for disposition. SECTION 14. Special Committees may be created by the Sanggunian for special purposes and as the need for them arises. They shall cease as soon as the body shall have received their reports unless new assignments are given to them. They are subject to the same rules governing standing committees.

Page 5 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01 SECTION 15. Standing Committees - The Sangguniang Bayan of Kalibo shall elect the Chairmen and Members of the committee as mentioned in Section 17 of Rule lV of this Rules of Procedure.

SECTION 16. Committee meetings shall be called by the Chairman as the need arises. Any member who incurs three (3) successive absences from committee meetings must explain in writing his absences to the chairman of the committee. In case of failure of the chairman to convene the members within one week after the matter was referred to the committee, the members of the committee should immediately report to the Committee Chairman on Rules for proper action. SECTION 17. The Sangguniang Bayan shall have the following Standing Committees, the membership and general jurisdiction shall be hereinafter stated:

1. COMMITTEE ON RULES, LAWS AND ORDINANCES

Chairman : HON. ARNALDO M. TEJADA Vice Chairman: HON. E. SOVIET R. A. DELA CRUZ

Members : HON. RODILLO L. POLICARPIO HON. GEORGE L. QUIMPO HON. NILDA B. TAMBONG

To which shall be referred all matters pertaining to or connected with the following: a) Rules, ordinances and resolutions. b) Order of Business including the screening of Agenda, however, any proposed

resolutions or ordinance not included in the agenda shall be calendared upon request of a majority of the members of the Sanggunian or the committee concerned.

c) Expropriations and legality of donations, lease or exchange of government properties.

d) Naming of streets and public places e) Legal orders from the courts. f) All proposed ordinances whether regulatory or tax ordinances except

appropriation ordinance (which is cognizable by the Committees on Finance, Budget and Appropriation).

g) Legal aspects of action taken by or submitted to the Sanggunian. h) The committee concerned shall make a report on the status of approved

resolutions/ordinances, and other transactions, as need arises.

2. COMMITTEE ON PEACE AND ORDER AND PUBLIC SAFETY/DISASTER PREPAREDNESS (The Chairman of this Committee shall automatically be a member or the Peace and Order Council)

Chairman : HON. GEORGE L. QUIMPO Vice Chairman: HON. E. SOVIET R. A. DELA CRUZ

Members : HON. PETER JENE N. LAO HON. ARNALDO M. TEJADA HON. ARIEL O. FERNANDEZ

To which shall be referred all matters or questions pertaining to the following: a) Police work and services. b) Maintenance of peace and order. c) Prevention of crimes and the prosecution of crimes in coordination with the

various police and protective agencies. d) Traffic rules and regulations. e) Fire prevention and control measures, fire and fire hazards. f) All matters pertinent to public safety.


g) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

h) To adopt measures to protect the citizen from harmful effects of calamities. i) To recommend to the body for the declaration of the area affected by calamity as

calamity area. j) To see to it that appropriation of 5% calamity fund for local calamities and disaster

preparedness plan is included in the annual budget. k) Authorize the Local Chief Executive through resolution to assist in emergency

operation in another locality. l) All matters pertaining to Disaster Preparedness (Global Warming).

The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transaction as need arises.

3. COMMITTEE ON AGRICULTURE, FOOD, COOPERATIVES AND LIVELIHOOD

Chairman : HON. E. SOVIET R. A. DELA CRUZ Vice Chairman: HON. WENDELL P. TAYCO

Members : HON. ARIEL O. FERNANDEZ HON. RODILLO L. POLICARPIO HON. PETER JENE N. LAO

To which shall be referred all matters or questions pertaining to: a) Agriculture in general, including but not limited to plants and animals. b) Agri-business, agricultural economies and research. c) Agricultural and educational extension services. d) Livestock quarantine; soil survey and conservation. e) Poultry and swine raising ventures. f) Rice, cornmill and feedmill operations. g) All types of cooperatives, promotion, enhancement and supervision. h) Livelihood and other pro-poor projects. i) Fishing industry in general. j) The committee concerned shall make a periodic report on the status of approved

resolutions/ordinances, and other transactions as need arises.

4. COMMITTEE ON EDUCATION, CULTURE, HISTORY, SCIENCE, ARTS AND TECHNOLOGY.

Chairman : HON. E. SOVIET R. A. DELA CRUZ Vice Chairman: HON. RODILLO L. POLICARPIO

Members : HON. NILDA B. TAMBONG HON. ARIEL O. FERNANDEZ HON. WENDELL P. TAYCO

To which shall be referred all matters or questions pertaining to: a) Education in general, schools, colleges and universities, libraries, museums, pre-

school age institutions like nurseries, day care centers, kindergartens and adult education.

b) Culture, arts and historical events, science and technology. c) The committee concerned shall make a periodic report on the status of approved

resolutions/ordinances, and other transactions as need arises. (Chairman of the Committee shall be member of the School Board)

5. COMMITTEE ON INFRASTRUCTURE (PUBLIC WORKS)

Chairman : HON. ARIEL O. FERNANDEZ Vice Chairman: HON. WENDELL P. TAYCO

Members : HON. GEORGE L. QUIMPO HON. ARNALDO M. TEJADA HON. MARK MITCHELL C. SY


To which shall be referred all matters or questions pertaining to: a) Infrastructure facilities intended primarily to service the needs of the residents of

the municipality and which are funded out of municipal funds including, but not limited to municipal roads and bridges, fishports, artesian wells, spring development, rainwater collectors and water supply system, seawalls, dikes, drainage and sewerage, and flood control, traffic signals and road signs and similar facilities;

b) All matters relating to then preparation of plans, specifications, supervision, monitoring of national, provincial and local funded projects.

c) Construction, maintenance and repair of public buildings, streets, drainage, bridges and other infrastructure projects, parks, shrines, monuments, edifices of municipal historical interest.

d) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

6. COMMITTEE ON BUDGET, APPROPRIATION AND FINANCE AND WAYS AND MEANS

Chairman : HON. RODILLO L. POLICARPIO Vice Chairman: HON. ARNALDO M. TEJADA

Members : HON. E. SOVIET R. A. DELA CRUZ HON. PETER JENE N. LAO HON. ARIEL O. FERNANDEZ

To which shall be referred all matters or questions pertaining to or connected with the following: a) Local taxes, fees, charges, loans and other sources of local revenues. b) Appropriation ordinances. c) Annual and supplemental budgets. d) All matters which has to do with funds for the expenditure of the Municipal

Government. e) Payments of public indebtedness, monitoring of accounts and expenditures. f) All matters relating to revenue in general and bonded indebtedness. g) The committee concerned shall make a periodic report on the status of approved


7. COMMITTEE ON WOMEN, FAMILY RELATIONS AND POPULATION

Chairman : HON. NILDA B. TAMBONG Vice Chairman: HON. E. SOVIET R. A. DELA CRUZ

Members : HON. PETER JENE N. LAO HON. MARY AGNES JESM I. GALLARDO HON. ARNALDO M. TEJADA

To which shall be referred all matters or questions pertaining to:

a) Promotion of women’s and children’s rights and privileges and violation of such rights and privileges.

b) Program and projects on child and youth welfare, women’s welfare, family relations and community welfare.

c) Nutrition services and day care centers. d) Promotion of peaceful and harmonious family relations. e) Standards of public morals and decency. f) Implementation of family planning services; g) Promotion of responsible parenthood; h) Establishment and maintain an updated bank or information for program

operations, development planning and educational programs to insure people’s participation and understanding of population issues, policies, programs and projects.

i) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.


(Chairman of the Committee shall be a member of Health Board)

8. COMMITTEE ON GAMES AND AMUSEMENTS

Chairman : HON. PETER JENE N. LAO Vice Chairman: HON. MARK MITCHELL C. SY

Members : HON. MARY AGNES JESM I. GALLARDO HON. WENDELL P. TAYCO HON. GEORGE L. QUIMPO

To which shall be referred all matters or questions pertaining to: a) Games and/or amusements, including but not limited to games and skills. b) Theaters, cinema, video machine and karaoke bars operation and computer

games. c) The committee concerned shall make a periodic report on the status of approved


9. COMMITTEE ON BARANGAY GOVERNMENT AFFAIRS AND NGO’S

Chairman : HON. WENDELL P. TAYCO Vice Chairman: HON. ARIEL O. FERNANDEZ

Members : HON. E. SOVIET R. A. DELA CRUZ HON. GEORGE L. QUIMPO HON. PETER JENE N. LAO

To which shall be referred all matters or questions pertaining to: a) Affairs of local barangay units within the municipality. b) Creation or merger of barangays. c) Barangay boundary disputes. d) Changing of names of barangays or naming it. e) Matters of promotion and enhancement of non-government organizations and

monitoring its operations. f) The committee concerned shall make a periodic report on the status of approved


10. COMMITTEE ON YOUTH AND SPORTS DEVELOPMENT Chairman : HON. MARY AGNES JESM I. GALLARDO Vice Chairman: HON. MARK MITCHELL C. SY

Members : HON. WENDELL P. TAYCO HON. GEORGE L. QUIMPO HON. PETER JENE N. LAO

To which shall be referred all matters or questions pertaining to: a) Programs for uplifting the status of young people thru manpower and skills

training. b) Programs to minimize juvenile delinquency and rehabilitation of victims of drug

abuse c) Sports development program for competitiveness in the regional and/or national

levels. d) The committee concerned shall make a periodic report on the status of approved


11. COMMITTEE ON TOURISM, PROMOTIONS AND SPECIAL EVENTS,

Chairman : HON. MARK MITCHELL C. SY Vice Chairman: HON. E. SOVIET R. A. DELA CRUZ


Members : HON. GEORGE L. QUIMPO

HON. ARNALDO M. TEJADA HON. ARIEL O. FERNANDEZ

To which shall be referred all matters or questions pertaining to: a) Tourism development and promotions. b) Public occasions and special events of the Municipal Government. c) Town beautification and cleanliness campaign. d) Dissemination of information for the enhancement of tourism. e) The committee concerned shall make a periodic report on the status of approved


12. COMMITTEE ON PUBLIC UTILITIES, TRANSPORTATION, COMMUNICATION, ENERGY AND FACILITIES.

Chairman : HON. GEORGE L. QUIMPO Vice Chairman: HON. ARIEL O. FERNANDEZ

Members : HON. NILDA B. TAMBONG HON. ARNALDO M. TEJADA HON. MARK MITCHELL C. SY

To which shall be referred all matters or questions pertaining to: a) Administration, operation or establishment of all kinds of public utilities of the local

government unit. b) Communication, light and power, mobility and water services, coordination with all

government and private agencies with administration, operation and usage of public utilities.

c) All matters relating to transport operation. d) Public facilities including but not limited to, maintenance and upkeep of plazas,

parks and government buildings and its proper use. e) The committee concerned shall make a periodic report on the status of approved


13. COMMITTEE ON HUMAN RIGHTS Chairman : HON. PETER JENE N. LAO Vice Chairman: HON. E. SOVIET R. A. DELA CRUZ

Members : HON. ARNALDO M. TEJADA HON. NILDA B. TAMBONG HON. WENDELL P. TAYCO

To which shall be referred all matters or questions pertaining to: a) Promotion and protection of Human Rights. b) All abuses committed in violation of Human Rights. c) The committee concerned shall make a periodic report on the status of approved


14. COMMITTEE ON HUMAN RESOURCE, GOOD GOVERNANCE, PUBLIC ACCOUNTABILITY AND INTERNAL ETHICS, PRIVILEGES AND DISCIPLINE

Chairman : HON. NILDA B. TAMBONG Vice Chairman: HON. ARNALDO M. TEJADA

Members : HON. E. SOVIET R. A. DELA CRUZ HON. PETER JENE N. LAO HON. RODILLO L. POLICARPIO


To which shall be referred all matters or questions pertaining to: a) Operations and policies of the Municipal Government, Civil Service rules and

regulations. b) Personnel compensation, classification, pension and gratuity in general. c) Leave of absence, sickness, disability and maternity benefits vacation and leave

credits. d) Personnel ranking and promotion. e) Local Government Administration, including but not limited to organization,

management and fiscal administration. f) Public accountability of local officials and employees g) All matters/complaints relative to members of the Sangguniang Bayan whether or

not in the performance of their official functions, while in attendance of SB session, or not.

h) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises. (Chairman shall be a member of the Personnel Selection Board)

15. COMMITTEE ON COMPREHENSIVE LAND USE AND HOUSING Chairman : HON. ARNALDO M. TEJADA Vice Chairman: HON. ARIEL O. FERNANDEZ

Members : HON. WENDELL P. TAYCO HON. PETER JENE N. LAO HON. NILDA B. TAMBONG

To which shall be referred all matters or questions pertaining to:

a) Preparation of town plan and zoning. b) Preparation of exhaustive housing plan c) Implementation of laws for socialized housing. d) Adoption of possible financing program for housing. e) Processing and approval of subdivision plans for residential, commercial,

industrial and other development purposes. f) The committee concerned shall make a periodic report on the status of approved


16. COMMITTEE ON VETERANS AFFAIRS, DISABLED AND ELDERLY PERSONS

Chairman : HON. ARNALDO M. TEJADA Vice Chairman: HON. NILDA B. TAMBONG

Members : HON. GEORGE L. QUIMPO HON. RODILLO L. POLICARPIO HON. ARIEL O. FERNANDEZ

To which shall be referred all matters pertaining to or connected with the following: a) Promotion of the general welfare of war veterans and their families; b) Extending assistance to war veterans availment of benefits and privileges as

provided for by U.S. and Philippine laws. c) Promote the welfare of disabled persons and shall encourage partnership in

programs that address their needs and concerns. d) Protection of the rights and privileges of disabled persons. e) To reach out to the greater number of disabled persons the rehabilitations, skills

and training services and benefits being made available to them by national and local government agencies.

f) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.


17. COMMITTEE ON LABOR AND EMPLOYMENT

Chairman : HON. PETER JENE N. LAO

Vice Chairman: HON. RODILLO L. POLICARPIO Members : HON. NILDA B. TAMBONG

HON. ARNALDO M. TEJADA HON. MARK MITCHELL C. SY

To which shall be referred all matters pertaining to or connected with the following:

a) Organization of labor market, including recruitment, training and placement of

workers and employment, manpower promotion and development of labor intensive technology.

b) Mediation, conciliation and arbitration of labor disputes, wages, hours of labor, women and child labor, statistics and standards.

c) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

18. COMMITTEE ON ECONOMIC ENTERPRISES

Chairman : HON. RODILLO L. POLICARPIO Vice Chairman: HON. NILDA B. TAMBONG

Members : HON. MARK MITCHELL C. SY HON. GEORGE L. QUIMPO HON. ARNALDO M. TEJADA

To which shall be referred all matters pertaining to or connected with the following: a) Operation and policies of public market, slaughterhouse, auction markets,

shopping centers and all other economic enterprise that engage in buying and selling of goods including advertisement. The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

19. COMMITTEE ON BUSINESS, TRADE, INDUSTRY AND CONSUMER

PROTECTION

Chairman : HON. ARIEL O. FERNANDEZ Vice Chairman: HON. E. SOVIET R. A. DELA CRUZ

Members : HON. GEORGO L. QQUIMPO HON. MARK MITCHELL C. SY HON. MARY AGNES JESM I. GALLARDO

To which shall be referred all matters pertaining to or connected with the following: a) Conduct and operation of business, trades and industries in general within the

Municipality b) Protection of such businesses, trades and industry against unlawful, restraints

and monopolies. c) All matter relating to business, trade, industry and consumer protection.

The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

20. COMMITTEE ON ENVIRONMENTAL PROTECTION AND NATURAL RESOURCES Chairman : HON. MARK MITCHELL C. SY Vice Chairman: HON. GEORGE L. QUIMPO

Members : HON. RODILLO L. POLICARPIO HON. ARIEL O. FERNANDEZ HON. WENDELL P. TAYCO


To which shall be referred all matters pertaining to or connected with the following:

a) Protection and maintenance of ecological balance in the Municipality b) Implementation of community based forestry projects c) Management and control of communal forest d) Establishment of tree parks, green belts and similar forest development programs e) All matter pertaining to environmental laws

The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, as need arises.

21. COMMITTEE ON HEALTH, SOCIAL WELFARE SERVICES

Chairman : HON. NILDA B. TAMBONG Vice Chairman: HON. ARNALDO M. TEJADA

Members : HON. RODILLO L. POLICARPIO HON. MARY AGNES JESM I. GALLARDO

HON. WENDELL P. TAYCO

a) Community based rehabilitation programs for vagrants, beggars, street children and scavengers, juvenile delinquents, and victims of drug abuse.

b) Social problems, relief to needy individuals, families and calamity victims. c) Health, sanitation and hygiene. d) Cleanliness and beautification of the community. e) Pollution prevention or control measures.

Proposals related to hospitals, health centers, cemeteries, medical clinics and all establishments involve in manufacture, handling and distribution of food; boarding houses, inns, lodging houses and dormitories, and all other health and sanitary measures as need arises.

Rule V

MEETING AND QUORUM

SECTION 1. This Sanggunian shall hold its regular meeting every Thursday at 2:00 to 5:00 o’clock P.M. and could go beyond as the need arises every succeeding week thereafter at the Kalibo Session Hall. The series of meetings during a calendar year shall constitute a session.

SECTION 2. Special meetings may be held as the need for them arises, but not exceeding the number of special meetings permitted by law, provided, however, that in case there is a need for a special meeting in excess of what the law permits, the same may be applied for with the appropriate authority. Special meeting (usually referred to as session) of this Sanggunian may be called by the Municipal Mayor as the case may be or by a majority of all the members of this Sanggunian. No more than two (2) meetings shall be held in a single day. (Art. 105, (b) IRR, RA 7160). The notice must state the day, time and purpose of the meetings, and shall be served personally on each member or left at his usual place of residence. No other matter may be considered at a special session except those in the notice unless otherwise agreed upon by two-third (2/3) of the members present there being a quorum. SECTION 3. A majority of all the elective and appointive members of all Sanggunian shall constitute a quorum. SECTION 4. When a quorum is lacking, the Presiding Officer may declare recess until such time as a quorum is constituted; a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without good cause by issuing to the Philippine National Police assigned in the area an order for the arrest and presentment of the absent member at the session. If, inspite of the above actions, there is still an absence of a quorum or there is no prospect of constituting one, no other business shall be transacted and the Presiding Officer shall declare the meeting adjourned for lack of a quorum.

Page 13 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01 SECTION 5. Should the question of 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 members and announcing the result forthwith. SECTION 6. The Sanggunian sessions or meetings shall be open to the public unless a closed door meeting is decided or ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of decency or morality. SECTION 7. No meeting shall be suspended or adjourned except when so directed by the Sanggunian, by the Presiding Officer who may, in her discretion, declare a recess in short intervals or suspend or adjourn the meeting in case of emergency or when same becomes unruly or uncontrollable. Suspension of the rules by the Presiding Officer may be done only if there is an obvious need for it but no member should move for its suspension. The Presiding Officer may do this by stating: “If there is no objection from the floor, then chair on its own recognizance hereby declares the suspension of the rules in order to (state the reasons)”.

Rule VI ORDER OF BUSINESS

SECTION 1. The Order of Business in this Sanggunian shall be as follows:

a.) Call to order b.) Invocation (optional) c.) National Anthem (optional) d.) Roll Call (optional) e.) Reading and approval of the minutes of the previous meeting. f.) Reading and reference to corresponding committees of proposed ordinances,

resolution, petitions, memorials, motions and other communications. g.) Committee Reports. h.) Unfinished Business. i.) Business for the Day. j.) Other Matters/New Business. k.) Adjournment.

SECTION 2. The Committee on Rules shall prepare the Calendar of Business of every

meeting and shall cause the Secretary to furnish a copy thereof to every member of the Sanggunian not less than two (2) days before every regular meeting.

SECTION 3. The Calendar of Business shall contain a brief description of each item of business to be taken up during the meeting, indicating the sources, in the case of communications, endorsement, petitions, memorials and memoranda; the name of the author or sponsor, in the case of motions, resolutions and ordinances; and the Committee or Committees to which they have been referred. SECTION 4. Committee Reports shall be rendered, within fifteen (15) days from date of referral, first, by the regular committees in the order they are listed in the Rules of the Sanggunian, then, by special committees, in the order of their creation. The Report, consisting of the findings and recommendations of the majority of the Committee Members, shall be made by its Chairman, or if he dissents with the majority opinion, by any member therein concurring and duly designated for the purpose. If the recommendation is favorable, the Committee on Rules shall calendar it for second reading, otherwise, it shall be considered laid on the table. SECTION 5. The consideration of Unfinished Business shall be resumed after the Committee Reports have been rendered and so on at each succeeding meeting until such unfinished business is disposed of.

SECTION 6. 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.

Page 14 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01 SECTION 7. Ordinances, resolutions, and other legislative matter 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 hereinafter. SECTION 8. On a motion to suspend the rules, items of business may be taken away from their fixed order and considered forthwith by the body. SECTION 9. The minutes of the proceedings of the Sangguniang Bayan shall be presented to the Sangguniang Bayan for examination and approval before they are submitted to the Presiding Officer for signature. SECTION 10. After reading of the Order of Business, any Member may speak for not over thirty (30) minutes on any question of general interest. If more than one Member desires to make use of the privilege, the first to apply shall be given precedence. After a member who has finished, sufficient time is left of the allotted time, the Second Member who has asked to speak may do so and so on successively, until the full thirty minutes is consumed. SECTION 11. After all pending business is disposed of, the Presiding Officer shall call the business for the day. SECTION 12. The Sangguniang Bayan may adjourn “sine die” the resumption of the consideration of matters entered in the Calendar of Business which were not disposed of during the meeting.

Rule VII RULES AND DISCIPLINE

SECTION 1. Every member shall be present in the Session Hall of the Sanggunian during its meeting unless expressly excused by it or necessarily prevented from doing so by reason of sickness or other unavoidable circumstances duly reported to the Sanggunian, through the Presiding Officer or the Secretary.

SECTION 2. Every member shall participate in the exercise of the powers vested in, and in performing the duties imposed upon the Sanggunian as a body, and shall represent the interest of the people of the entire municipality. SECTION 3. Every member present at a meeting shall vote on every question raised unless he has a direct personal or pecuniary interest therein. In other words there shall be no abstention by any member except for the aforesaid reasons. SECTION 4. A Member of the Sangguniang Bayan must observe decorum and display exemplary conduct during the session. Any Member should give due respect to any colleague who has the floor by not displaying any act or behavior that would disrupt the smooth flow of the session. Likewise, any Member should not excuse himself from the session not until adjournment, unless given permission by the Presiding Officer. SECTION 5. The Presiding Officer shall be responsible for the immediate transmittal of every ordinance or resolution passed and approved by the Body to the Office of the Sangguniang Panlalawigan within a period stated in the Local Government Code. Failure to comply with this section he/she will be subject for disciplinary action as stated in this internal rules of procedure and under Section 60 of the Local Government Code of 1991.

SECTION 6. The Sanggunian may punish its members for disorderly conduct, and with the concurrence of two-thirds (2/3) vote of all its members, suspend for not more than sixty (60) days (Art. 103, (b) (5) – IRR, RA 7160), reprimand or exclude from the session an erring member.


Rule VIII

THE SESSIONS

SECTION 1. A session refers to a meeting of the Sangguniang Bayan when, although lasting from several hours, is one meeting. It may be regular or special meeting formally called by the Municipal Vice Mayor or Majority Members of the Sangguniang Bayan. SECTION 2. The Sangguniang Bayan shall hold four regular meetings a month and as many special meetings as provided by law. A special meeting which has been set by the council shall not be postponed without the concurrence of the majority members. SECTION 3. Unless the Sangguniang Bayan orders otherwise, regular sessions shall be held every Thursday of the month and every week thereafter. SB Sessions and Meetings can also be held in barangays upon motion by any member of the SB duly seconded and approved by the majority of the Council. The formal session shall be held from 2:00 - 5:00 P.M., and could go beyond as the need arises to include consultation/citizens hour until adjournment. If any of the regular meetings as scheduled falls on a holiday, the meeting shall be reset on the preceding or following working day upon the discretion of the Body or the Presiding Officer. SECTION 4. The Presiding Officer shall open the session by calling the Sangguniang Bayan to order, after which there shall be a one minute prayer or meditation with the Members standing. Then the Presiding Officer shall order the roll call of the Members and on motion of the Body, he shall close the session with the words, “The session is adjourned”. SECTION 5. Any Member of the Sangguniang Bayan who is absent from attending regular or special meeting without prior written notice of his absence sent to the Chairman, copy furnished the Office of the Sangguniang Bayan, shall be penalized as follows:

a) For the first unexcused absence – explanation of the absent Member. b) For two (2) consecutive absences – Resolution of reprimand by the Sangguniang

Bayan. c) For three (3) consecutive unexcused absences without justifiable cause Exclusion of

the erring member from succeeding sessions and suspension of the absentee Member for not more than thirty (30) days without pay or be expelled of which a concurrence of at least two-thirds (2/3) vote of all members present is needed.

d) For four (4) consecutive unexcused absences without justifiable cause-Exclusion of the erring member from succeeding sessions, and suspension without pay of the absentee-Member for not more than sixty (60) days or be expelled of which a concurrence of at least two-thirds (2/3) vote of all members present is needed.

SECTION 6. Any member who is late for thirty minutes without valid excuse after the

chairman shall have called the meeting to order wherein the time of the start of the meeting is specified therein shall be punished as follows:

a) First tardiness – P100.00 fine b) Second tardiness – 200.00 fine c) Third tardiness – 300.00 fine d) Subsequent tardiness incurred by the member concerned shall merit a

resolution condemning said practice without prejudice to allowable sanctions as provided by the Local Government and other related laws to be determined by the body.

e) Fines relative hereto shall be collected by Payroll Deductions and entrusted in the custody of the SB Secretary for future use as the Sangguniang Bayan may decide later.


SECTION 7. Each Sangguniang Bayan shall keep a journal and record of its proceedings which may be published upon resolution of the concerned members. SECTION 8. Unless otherwise agreed upon by two-thirds (2/3) votes of the SB present, there being a quorum, no other matter maybe considered at a special session except those stated in the notice. SECTION 9. The exact hour of opening and adjourning the session shall be entered in the minutes.

Rule IX ATTIRE

SECTION 1. All Members of the Sangguniang Bayan are required to wear the prescribed attire for the regular and special meetings. SECTION 2. A Member who attends a session without the proper dress code shall be allowed to attend the session but he will be fined P100.00 for that particular session, except when the reason for non-compliance is considered reasonable by the Sangguniang Bayan assembled, such as in mourn and coming from official or social functions.

Rule X

LEGISLATIVE PROCEDURES

SECTION 1. Legislative actions of general and permanent character shall be enacted in the form of ordinances while those which is ministerial or administrative in nature and of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolution. Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the Secretary to the Sanggunian who shall report the same to the Sanggunian at its next meeting. (Art. 107, (b), IRR, RA 7160) SECTION 2. Every ordinance and resolution presented for consideration shall be, denominated as “Draft Ordinance” and Draft Resolution” respectively and upon approval, each shall be called a “Resolution” or “Ordinance”.

Approved Ordinance and Resolution shall be in Model Format that will be certified by the Sangguniang Bayan Secretary, attested by the Presiding Officer and Approved by the Municipal Mayor. However, a Special format shall be used indicating all signatories of all the members of the Sanggunian under certain circumstances or purpose and/or upon required by the appropriate agency or institution.

SECTION 3. All proposed ordinances and resolutions shall be in writing and proper form signed by the author or authors, the same shall be submitted to the Sangguniang Secretary at least two (2) days before the session, copies of which shall be furnished to all Sangguniang Bayan Members. All proposed ordinances and resolutions that does not conform with the preceding paragraph shall not be included in the agenda for proper action.

SECTION 4. Before an ordinance or a resolution may be finally enacted, it shall undergo readings, as follows:

a) First Reading – the reading by the secretary of the title of the proposed ordinance or resolution and the name of its author or sponsors, after which it shall be referred by the Presiding Officer to the appropriate committee or committees without debate.


b) Second Reading – at which the proposed ordinance and resolution, after having been

sponsored in 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 committee or committees, whereupon the measure shall be subject, first, to DEBATE, and then, to AMENDMENTS and all proper parliamentary motions.

c) Third Reading – at which no debate or amendment shall be allowed but the title of the

proposed ordinance or resolution shall be read and the question upon its passage shall be immediately taken.

A resolution shall be enacted in the same manner prescribed for an ordinance but it need not go through a third reading for its final consideration unless decided otherwise by a majority of all the members. A resolution which does not require too much discussion like that which only expresses thanks, appreciation, sympathy or condolence and other non-controversial resolutions may be acted upon immediately after the first reading provided that the rules have been suspended.

SECTION 5. In case of an erroneous reference of a measure to a committee, the same may be corrected at a subsequent meeting after the reading of the minutes containing the error referred, by a majority vote of the body there being a quorum, on motion of the committee claiming jurisdiction over it or the committee to which it was erroneously referred. SECTION 6. In a proposed ordinance or resolution, resulting from a consolidation or substitution made by a committee, there shall be named as authors every member who has signed as such as any of the proposed ordinance or resolution consolidated or substituted for, in the order of the names shown therein and according to the date of their filing. SECTION 7. No ordinance or resolution shall be considered on second reading in any regular meeting that has not been reported by the proper committee except those prepared and introduced by committee having proper jurisdiction over the subjects thereof and those certified as urgent by the Mayor.

SECTION 8. The secretary shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading, and shall distribute to each member of the Sanggunian a copy thereof at least three (3) days before it is voted upon for final approval, except if the measure has been certified by the Mayor as urgent in which case it may be submitted by final voting immediately after the second reading. SECTION 9. Motions may be presented orally or in writing and considered according to the rules prescribed for ordinances and resolutions, provided, however, that any motion which in the opinion of the body, may be acted upon without reference to any committee may be considered immediately for final action. An urgent motion, if substantive in character and presented orally, shall, if approved be written formally by the secretary in resolution or ordinance form as the case may be.

SECTION 10. Any legislative matter duly certified by the Local Chief Executive as urgent, whether or not it is included in the calendar of business, may be presented and considered by the body at the same meeting without need of suspending the rules. (Article104, par. E., Rules and Regulations Implementing the LGC). An urgent matter, for purposes of this Section, is one which involves great public interest, the delay of which shall prejudice essential government activities.

SECTION 11. The pertinent provisions of Section 14, 15, 16, 17, 18, 19, 20 and 21 of the Local Government Code are hereby adopted as an integral part of these rules. SECTION 12. Reports on any proposed legislation shall be passed upon in formal session to be submitted to the Sangguniang Bayan properly signed by the committee members.

Page 18 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01 SECTION 13. Any standing Sangguniang Bayan Committee may request the appearance before the committee of any official or Chief of the Office of the Municipal Government or may request the appearance of other persons before it. SECTION 14. All Special or Conference Committees shall be appointed by the Sangguniang Bayan or by the Presiding Officer. SECTION 15. Any Committee or Special Committees conducting probes or investigations shall, within fifteen (15) days after the regular or special meeting of the Sangguniang Bayan, and from time to time when necessary, render to the Sangguniang Bayan an official report, signed by the chairman and majority of the members of the committee concerned, on such probes or investigation for which invitations, subpoenas and subpoena duces tecum has been issued. SECTION 16. Any referral to the Committee shall be reported within fifteen (15) days or any date as specified by the Council after referral. SECTION 17. There shall be a reorganization of the committees upon recommendation of two thirds (2/3) of the members of the Sanggunian but in no case shall a reorganization be made within one and a half years.

Rule XI

THE CALENDAR

SECTION 1. The Calendar of the Sangguniang Bayan shall consists of the following parts: First. Unfinished Business - Includes business which was being considered by the Sangguniang Bayan at the time of its adjournment. Its consideration shall be resumed on each succeeding session until such unfinished business is disposed of. Second. Business for the Day. - Includes ordinances, resolutions and other legislative measures on the Calendar for the consideration of the Sangguniang Bayan on that day and are arranged in the order appearing in the special agenda adopted. Such measures shall be considered in the order in which they are listed on the Calendar and after the business mentioned in the preceding paragraph. Third. Business for a certain date. - Includes business set by the Sangguniang Bayan for consideration on a certain date. Such business shall be considered on the date set, in chronological order of designation, and in subsequent meeting until disposed of, unless the continuation of any business herein included shall be set for another day.

Forth. Unassigned business. - Includes all ordinances, resolutions and other legislative measures in which the committees concerned have already submitted reports and the consideration of which have not been definitely set or assigned. However, any business included in this part of the calendar may be set for consideration on motion of any Member with the unanimous approval of the Body.

Fifth. Ordinances and joint resolutions on third reading. - Includes all ordinances and joint resolutions to be submitted to a final vote by raising of hands, after printed copies thereof have been distributed to the Members at least three days prior to their passage.

SECTION 2. Items for Calendar should be presented to the Presiding Officer for screening and approval before it is included in the regular calendar of business.


Rule XII URGENT REFERRALS

An urgent matters which need immediate action by the Municipal Council shall be referred in writing to appropriate Committees by the Presiding Officer for appropriate action and shall be reported by the Committee concerned during the next scheduled meeting.

Rule XIII

ORDINANCES, RESOLUTIONS, MESSAGES, MEMORIALS, AND PETITIONS

SECTION 1. Ordinances and resolutions shall be signed by their authors, and shall be handed to the Secretary of the Sanggunian who shall report the same to the Sangguniang Bayan at the next session for first reading and reference to the proper committees. The first reading of an ordinance or resolution shall only be the title. In case of an erroneous reference, the same way, under the five minute rule, be corrected on any scheduled regular meeting after the report of the committee to which the ordinance or resolution was improperly referred. In an ordinance or resolution resulting from a consideration or substitution made by a committee, there will be named as authors every member who has signed as such any of the ordinances or resolutions consolidated or substituted for, in the orders of the names shown therein and according to the date of the filing thereon. SECTION 2. Messages from the Municipal Mayor shall be read in full before the Sangguniang Bayan, and those in which any recommendations are made shall be referred to the proper committee. SECTION 3. Estimates of appropriations and all other communications from the Department of the Municipal Government which have to be considered by the committee of the Sangguniang Bayan, and petitions and memorials addressed or endorsed to the Sangguniang Bayan, shall be reported to the Body and referred to the proper committee. SECTION 4. No ordinance shall be considered for second reading in any regular session, that has not been reported by the proper committees fifteen (15) days in advance prior to a regular meeting, except when certified to as urgent by the Municipal Mayor and/or Municipal Vice Mayor. SECTION 5. On the day of the consideration of a reported ordinance and resolution the same shall be read in full, with such amendments as the committee may have proposed, unless such second reading shall be dispensed with by a majority vote, and thereafter the bill or resolution shall be subject to debate, amendment and all proper parliamentary motions. SECTION 6. In the discussion of any measures, after three speeches for and two against it have been delivered, or only one speech for, there having none entered against it; a motion to close the general debate shall be in order and if said motion is approved by a majority vote, the Body shall proceed to the consideration of amendments under the five minute rule. Then any Member shall on request be allowed five minutes to explain such amendments and no further discussion shall be allowed on the subject. The same privilege to speak for or against any amendment that may be presented to an agreement shall be allowed. The Body may, by vote of a majority, the notice for which shall be decided upon without debate, but this shall not preclude further amendments to be decided without debate. SECTION 7. After the general debate is closed, and the amendments disposed of, the proposed measure, if in the form of and amendment or simple resolution or a mere motion or proposition, shall be voted upon for final approval. If it is an ordinance or joint resolution, the same shall be referred to the Calendar of ordinances and joint resolution on third reading, and final copies shall have been distributed to the Members at least three days prior to its passage. Upon the last reading of an ordinance or resolution, no amendments thereof shall be allowed, and the question upon its passage shall be taken immediately thereafter, and the yea’s and the nays entered on the minutes.

SECTION 8. If the Municipal Mayor vetoes an ordinance or resolution or any part thereof, said ordinance or resolution or any part thereof shall be referred back to the Sangguniang Bayan containing all the objections of the Mayor in writing within ten (10) days. Otherwise the ordinance shall be approved as if he signed it.


The Sangguniang Bayan shall record the objections of the Municipal Mayor and proceed to reconsider the ordinance or resolution or the item or items vetoed. After reconsideration, the Body shall proceed to vote on the ordinances or resolution or the vetoed item or items thereof and the names of the Members voting recorded. If the vetoed, ordinance or resolution or vetoed item is passed by the vote of two-third (2/3) of all the Members of the Sangguniang Bayan, such ordinance or resolution or vetoed item shall automatically become a law or enforceable.

Rule XIV MOTIONS AND THEIR PRECEDENCE

SECTION 1. Every motion made to the Sangguniang Bayan shall be entered on the minutes of the Sangguniang Bayan with the name of the Member making it, unless withdrawn the same day or the same session. SECTION 2. When a motion has been made, the Presiding Officer shall state it to the Body or, if be in writing shall cause it to be read aloud by the Secretary to the Sanggunian before being debated, and it shall then be considered as having been brought to the attention of the Body; but it may be withdrawn at any time before its decision or amendment. SECTION 3. When a question is under debate, no motion shall be entertained, except to adjourn, to declare a recess, to lay on the table, to refer, to amend, or postpone indefinitely; which motion shall be precedent in the foregoing order; and no motion to postpone to a certain day, or to postpone indefinitely, having failed of passage, shall again be allowed on the same meeting at the same state of the question. SECTION 4. When a motion or a proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further 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 had thereon. SECTION 5. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. SECTION 6. Amendment or additions to an ordinance, when not mere matters of form, shall be offered in writing, and the Secretary to the Sanggunian shall furnish copies thereof to the Members. SECTION 7. On the call of any Member, before the question is put up, a question shall be divided if it includes propositions so distinct in substance that when one is taken away a substantive proposition shall remain. SECTION 8. A motion to strike out and insert is indivisible, but a motion to strike out being lost shall neither preclude amendments nor motion to strike out and insert. SECTION 9. Amendment to a title of an ordinance or resolution shall not be in order until after the text thereon has been perfected. Amendments to the title shall be decided without debate. SECTION 10. When the reading of a paper other than the one upon which the Body 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 of the Body. SECTION 11. A motion to read any part of the rules is equivalent to call to order or question and takes precedence of any motion other than to adjourn. SECTION 12. When voting on a motion not debatable, no other remarks will be entertained by the Presiding Officer when a Member cast his vote.


Rule XV

QUESTION AND PRIVILEGE

SECTION 1. Question of Privilege are:

First - Those affecting the rights of the Sangguniang Bayan collectively, its safety, dignity, and the integrity of the proceedings; and

Second - Those affecting the rights, reputation and conduct of the Members, individually, in their representative capacity only.

SECTION 2. Any question of privilege shall have precedence over all other questions, except motion to adjourn, but shall be subject to the five-minute rule.

Rule XVI PRIVILEGED QUESTIONS

SECTION 1. Privileged questions are those motions or subject matters which, under the rules and regulations, take precedence over other motions and subject matters. SECTION 2. Privileged questions shall have precedence in each case by Rules or special regulations.

Rule XVII DECORUM AND DEBATES

SECTION 1. When any Member desires to speak or deliver any matter to the Body, he raise his hand and respectfully address himself to “Madam Chairman” or Madam Presiding Officer”.

SECTION 2. When two or more Members raise their hands at once, the Presiding Officer shall name the Member who is to speak first. SECTION 3. A Member, in any debate, shall state his questions, suggestions, or opposition substantially or direct to the point in a manner so as not to occupy much of the time of the session; or may speak more than once on the question without leave of the Body, except as hereinafter provided in this Rule. SECTION 4. In all cases, the Member who has obtained the floor shall confine himself to the question under debate, avoiding personality, and shall refrain from uttering words which because of their meaning might be inconsistent with the decorum and dignity of a Member. SECTION 5. The member reporting the measures under consideration from a committee may open and close, where general debate has been had thereon; and it shall extend beyond the duration of the given meeting, he shall be entitled to one hour to close, notwithstanding he may use an hour in opening. SECTION 6. If any Member, in speaking or otherwise, he should transgress the Rules of the Sangguniang Bayan, the Presiding Officer shall, on his own initiative or at the request of any Member, call him to order, and the Body shall, if appealed to, decide on the case as provided in Section 4 of Rule III. If the decision is in favor of the Member called to order, he shall be at liberty to proceed, but not otherwise.

SECTION 7. It is requested that a Member be called to order for words spoken in debate, the Member making such request shall indicate the words excepted to and they shall be taken down in writing by the Secretary to the Sanggunian and read aloud to the Body; but the Member who uttered them shall not be held to answer nor be subject to censure of the Body thereto, if further debate or business has intervened.

Page 22 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01 SECTION 8. While the Presiding Officer is addressing the Body or putting a question, no Member shall walk out of or cross the Session Hall. Raising of the hand is enough signal that a Member is making his exit for personal necessity.

Rule XVIII VOTING

SECTION 1. The Presiding Officer shall rise to put a question and shall do it in this form, to wit, “As many as are opposed, raise your hand”. SECTION 2. Any Member may explain his vote for not more than three minutes. SECTION 3. No motion except on the presence of quorum shall be entertained during voting. SECTION 4. When the Presiding Officer asks if there is an objection to a motion for approval of any ordinance or resolution and no one registers his objection thereto, the Secretary to the Sanggunian shall enter in the record as voting affirmatively the names of all the Members present at that particular time, this having the effect of a nominal voting. SECTION 5. No Member can vote on any question in which he has direct, personal or pecuniary interest. This does not, however, preclude any Member from voting for himself to any position within the Sangguniang Bayan. SECTION 6. A Member can change his vote only before the Chair announces the result of the voting. After the announcement, a Member can change his vote upon due cause only by unanimous consent of the other Members present. SECTION 7. No Member can be compelled to vote. He may, however, abstain. The name of the Member who choose to abstain should be put on record. SECTION 8. A matter, motion or resolution is considered carried or approved if voted by a majority of Members present.

Rule XIX RECONSIDERATION

SECTION 1. When a report, motion, resolution or proposed ordinance has been lost, only a Member who voted with the majority side shall be entitled to present a motion for reconsideration when the matter is still within the control of the Sangguniang Bayan; Provided, however, that a Member who voted with the manority may present a motion for reconsideration, if seconded by a Member from the prevailing side. Any Member who abstained from voting shall have absolutely no right to ask for a reconsideration. SECTION 2. A motion for reconsideration, if duly seconded, takes precedence over all other questions, except a motion to adjourn. SECTION 3. No ordinance, petition, memorial or resolution referred to a committee, or reported there from printing and recommitment, shall be brought back into Sangguniang Bayan motion to reconsider.

Rule XX

DECLARATION OF OUT OF ORDER; REFUSAL TO ABIDE; PUNISHMENT

SECTION 1. Any Member of the Sangguniang Bayan who shall fail to observe the Rules prescribed herein shall be declared out of order and, if he has the floor, may be compelled, to take his seat. In case of refusal to abide by the ruling of the Chair, the Sangguniang Bayan, upon motion of any Member and duly seconded, may officially reprimand the erring member. Members reprimanded shall appeal to the minutes of the corresponding session.

Page 23 Kalibo Sangguniang Bayan “ORDINANCE NO. 2010-01 SECTION 2. Any Member of the Sangguniang Bayan who accuses another or other Members, or any Municipal Official or employee and later on cannot substantiate the charges, the purpose of which is only to gain publicity in the newspaper or radio, shall be punished by public censure to be voted upon by the Body.

Rule XXI

PERTINENT PAPERS, COMMUNICATIONS AND DOCUMENTS OF THE SANGGUNIANG BAYAN

SECTION 1. Committee papers, documents and communications shall be delivered to and kept and reserved in the general files of the Sangguniang Bayan for future reference. SECTION 2. The Secretary to the Sanggunian, after the adjournment of a session, shall take charge of, keep and file all ordinances, resolutions, petitions and other papers referred to committees, including all data, evidence and reports gathered by such committees during said session, which have not been reported to the Sangguniang Bayan. All papers of confidential nature or those which the committee concerned considers confidential shall be placed in confidential files under the custody of the Office of the Secretary to the Sanggunian. SECTION 3. No paper presented to the Sangguniang Bayan shall be withdrawn from its files without its leave, and if withdrawn there from certified copies thereof shall be left in its place; but when an act may pass for settlement of a claim, the Secretary to the Sangguniang Bayan is authorized to transmit to the officer in charge of the settlement thereof, the papers on file in his office relating to such claim, or may loan temporarily to an officer or bureau any matter pending before such office or bureau, taking proper receipt thereof.

Rule XXII UNFINISHED BUSINESS

SECTION 1. All Unfinished Business brought before committee of the Sangguniang Bayan at the end of the session shall be resumed at the commencement of the next session in the same manner as if no adjournment had taken place. SECTION 2. For purpose of the preceding section, the Secretary to the Sanggunian shall return to the respective committees the papers relating to all unfinished business submitted to him at the close of the preceding session.

Rule XXIII

WITNESSES

Witnesses summoned to appear before the Sangguniang Bayan by any of the committee shall be entitled to a per diem for so appearing and to be reimbursed of their actual and necessary traveling expenses as the Committee on Finance, Budget and Appropriations may recommend and subject to the approval of the Presiding Officer.

Rule XXIV SUPPLEMENTAL RULE

In the event that Administrative Case are filed in the Sangguniang Bayan, Ordinance No. 2008-06 will be adopted.

The Robert Rules of Order or any Sangguniang Rules of Procedure not in conflict with these Rules may also be considered supplementary hereto.

Rule XXV

AMENDMENTS

Any amendments of these Rules shall be presented in writing and shall be approved by a vote of two-thirds (2/3) of all the Members of the Sangguniang Bayan; Provided, however, that promulgation of these Rules, except if contrary to the provisions of the Local Government Code (R.A. 7160) and the guidelines subsequently prescribed by the Department of Interior and Local Government, in which cases the amendment shall have precedence in the order for consideration.


Rule XXVI SEPARABILITY CLAUSE

Sections or part of this Internal Rules are hereby deemed separable. If any rule or section hereof declared void and ineffective by final judgment as promulgated by competent judicial authority, other sections or provisions thereof shall continuously remain valid and enforceable.

Rule XXVII DATE OF EFFECTIVITY

These Rules shall take effect immediately upon adoption.

ADOPTED, July 08, 2010.

- I hereby certify to the correctness of the above stated ordinance as to form.

(Original Signed)

DIANA V. TORRE-FEGARIDO SB Secretary Attested: (Original Signed) MADELINE A. REGALADO Vice Mayor Approved: (Original Signed) WILLIAM S. LACHICA

Municipal Mayor

Documents

OFFICE OF THE SANGGUNIANG · PDF fileOFFICE OF THE SANGGUNIANG BAYAN . ... “ORDINANCE NO. 2010-01 . ... Liga Ng Barangay as Ex-Officio Members are elected by their respective groups