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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.
duties:

The Minority Floor Leader shall have the following powers and

(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.

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

f) Committee
on
Cooperatives
and
Non-Government
Organizations. All matters pertaining to peoples 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.
2

That 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.
13

That 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 oclock 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 members 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 closeddoor 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

14

The 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 oclock in the afternoon at the
Sangguniang Panlalawigan Session Hall.
15

The 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 oclock 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)
b)
c)
d)
e)

Doxology
Invocation
National Anthem
Pledge of Allegiance to the National Flag
Recitation of the Provincial Board Members League of the
Philippines creed
f) Singing of the Palawan March and Cuyono Song
g) 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 Reading
j.2- items on the Second Reading
j.3- communications received for Board action
j.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.
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.
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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
Section
21
Section
22
Section
20

2
2
4
5

has
has
has
has

been
been
been
been

amended pursuant to Resolution No. 5800-2004.


reworded pursuant to Resolution No. 5800-2004.
amended pursuant to Resolution No. 5800-2004.
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 Boards 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 latters 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
to reconsider is to open a new debate on the motion, report or resolution
adopted or lost.

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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
Privilege Hour:

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1.
2.
3.
4.
5.

Fix time to adjourn


Adjourn
Take Recess Undebatable
Question of Privilege
Call of Orders of the Day

Appeal Debatable
Incidental Motions:
1. Division of Assembly
2. Division of a Question
3. Filling Blanks
4. Objection
5. Parliamentary Inquiry Undebatable
6. Point of Information
7. Point of Order
8. Read Papers
9. Suspend the Rules requiring 2/3 vote
10. Withdrawing a Motion

Subsidiary Motions:
1.
2.
3.
4.
5.
6.
7.

Lay on the Table


The previous Questions (Close Debate) requiring 2/3 vote
Limit or Extend Debate requiring 2/3 vote undebatable
Postpone to a Definite time
Refer to a Committee
Amending the Amendment
Amendment

Miscellaneous Motions after Action has been taken on Main or Principal


Motion:
1.
2.
3.
4.

Take from Table undebatable


Rescind debatable majority vote without notice
Reconsider debatable majority vote with notice
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.
Second: - Those affecting the rights, regulations and conduct of the
members either individually or collectively in their representative
capacity only.

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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.
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

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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 twothirds (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; and
g) 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 CoChairman 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:

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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,
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 twothirds (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

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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);
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;

19
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 Committees 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 Committees 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 attorneys
fees of the witness counsel or for a witness lost
earnings.
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.

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RULE 6. ADMINISTRATIVE PROCEDURES


Notwithstanding the provisions of law:
A.) The
complaint
in writing
complaint
notice.

Committee, within seven (7) days from receipt of a verified


in accordance with Rule 4 of this Rules of Procedures, shall notify
the respondent, enclosing a copy of the verified answer to the
against him or her within fifteen (15) days from receipt of the said

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.
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.

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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 XVI
IMPLEMENTING 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.

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