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Province of Cagayan
Tuguegarao City
SANGGUNIANG PANLALAWIGAN
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE PROVINCIAL BOARD HELD
ON TUESDAY, JULY 5, 2016 AT THE SESSION HALL OF THE SANGGUNIANG PANLALAWIGAN,
PROVINCIAL CAPITOL, TUGUEGARAO CITY.
Present:
Absent:
A. The ten (10) regular members consisting of three (3) Board Members from the
First District, three (3) Board Members from the Second District and four (4)
Board Members from the Third District;
B. The President of the Provincial Chapter of the “Liga ng mga Barangay”; and
C. The President of the Provincial Federation of Sanggunian Members of
Municipalities and Component Cities.
RULE II
POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIAN
SECTION 2. The powers, duties and functions of this Sanggunian shall be as follows:
A. Enact ordinances, approve resolutions and appropriate funds for the general
welfare of the province and its inhabitants pursuant to Section 16 of the Local
Government Code of 1991;
C. Approve ordinances and pass resolutions necessary for the efficient and
effective governance and in this connection shall:
7. Subject to the provisions of this Code and pertinent laws, determine the
powers and duties of officials and employees of the province;
8. Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or
mainly from provincial funds and provide for expenditures necessary for
the proper conduct of programs, projects, services, and activities of the
provincial government;
10. Provide a mechanism and the appropriate funds therefor, to ensure the
safety and protection of all provincial government properties, public
documents, or records such as those relating to property inventory, land
ownership, records of births, marriages, deaths, assessments, taxation,
accounts, business permits, and such other records and documents of
public interest in the offices and departments of the provincial
government; and
11. When the finances of the provincial government allow, provide for
additional allowances and other benefits to judges, prosecutors, public
elementary and high school teachers, and other national government
officials stationed or assigned to the province.
D. Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the province as
provided for under Section 18 of the Local Government Code, with particular
attention to agro-industrial development and country-wide growth and
progress relative thereto, shall:
1. Fix and impose reasonable fees and charges for all services rendered
by the provincial government to private persons or entities; and
2. Regulate and fix the license fees for such activities as provided for under
the Local Government Code.
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F. Approve Ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of the Local
Government Code, and in addition to said services and facilities, shall:
6. Provide for the care of paupers, the aged, the sick, persons of unsound
mind, abandoned minors, abused children, persons with disability,
juvenile delinquents, drug dependents, and other needy and
disadvantaged persons, particularly children and youth below eighteen
(18) years of age; subject to availability of funds, establish and support
the operation of centers and facilities for said needy and
disadvantaged persons; and facilitate efforts to promote the welfare of
families below the poverty threshold, the disadvantaged and the
exploited;
G. Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.
RULE III
DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS
SECTION 3. Every member of the Sanggunian shall make a full disclosure of their
financial and business interests upon assumption to office. He/she shall also disclose any
business, financial or professional relationship or any relation by affinity or consanguinity
within the fourth civil degree, which he/she may have with any person, firm or entity
affected by any ordinance or resolution under consideration by the Sanggunian of which
he/she is a member, which relationship may result in conflict of interest.
The disclosure shall be made before the member participates in the deliberations
on the Ordinance or Resolution under consideration, unless the member did not
participate in the deliberations, in which case, the disclosure shall be made before voting
on the Ordinance or Resolution on second and third readings. Moreover, disclosure shall
be made when a member takes a position or makes a privilege speech.
SECTION 4. Every member shall attend all the sessions of the Sanggunian and all
committee hearings/meetings unless he/she is prevented from doing so by reason of
sickness or other unavoidable circumstances provided that as a general rule, previous
notice thereto shall be sent to the Sanggunian members through the Presiding Officer or
the Secretary (for sessions) or the Committee Chairperson (in case of committee
hearings/meetings).
SECTION 6. Every member shall observe proper deportment and decorum during
sessions and shall judiciously observe these internal rules of procedure.
RULE IV
THE PRESIDING OFFICER
SECTION 7. The Vice Governor shall be the Presiding Officer of the Sanggunian and
as such shall have the following rights and duties:
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f. To declare a recess during sessions anytime he/she deems it necessary
provided, that the duration of the recess shall not exceed fifteen (15)
minutes. However, a recess of more than fifteen (15) minutes is allowed only
in the instance provided for under the second paragraph of Section 30 of
the Rules;
g. To declare the session adjourned to some other date, time and place in
cases of extreme emergencies, serious and uncontrollable disorder, public
disturbances and other unavoidable circumstances;
h. To vote but only to break a tie. Hence, he/she cannot vote if his/her vote
will create a tie. His/her act of voting is a right and not a duty. Hence,
he/she may waive the exercise of this right;
i. To relinquish the chair to the Temporary Presiding Officer who shall be
elected by the members of the Sanggunian present, but only if he/she is
going out of the session hall for whatever reason; and
j. To exercise all powers and perform such other functions as may be
provided by law, ordinance or regulation.
SECTION 9. The Presiding Officer may, motu propio relinquish the chair temporarily
to any member of the Sanggunian if he/she would like to go down the floor and
participate in the deliberation in his/her capacity as a regular constituent member.
RULE V
THE TEMPORARY PRESIDING OFFICER
SECTION 10. In the absence, inability and in the event that the Regular Presiding
Officer temporarily relinquishes his/her chair, the members present, thereby constituting
a “quorum”, shall elect from among themselves a “Temporary Presiding Officer”
(hereinafter referred to as the “TPO”). While acting temporarily as Presiding Officer, the
TPO does not lose his or her status as a regular member including his/her rights and
prerogatives.
SECTION 11. The TPO shall certify ordinances enacted or resolutions adopted by
Sanggunian in the session over which he/she temporarily presided within ten (10) days
from the passage of the same, failure to certify within such period shall have the effect
of nullifying the approval of the measure and the measure may be reintroduced in
succeeding sessions of the Sanggunian to be voted upon immediately, without need of
deliberation, as if it were being considered on “third reading”.
SECTION 12. While Presiding, the TPO, shall have no right to vote except when to
break a tie subject to Section 13 hereof.
SECTION 13. The TPO may, motu propio relinquish the chair temporarily to any
member of the Sanggunian of his/her choice if he/she would like to go down the floor
and participate in the deliberation in his/her capacity as a regular constituent member.
RULE VI
FLOOR LEADER
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SECTION 14. There shall be an assigned Floor Leader who shall facilitate the orderly
conduct of everyday business and direct the deliberations on the floor.
SECTION 15. The Presiding Officer shall designate from among the members of the
Committee on Rules, the Floor Leader.
SECTION 16. The Floor Leader shall conduct pre-caucuses with the members of the
Sanggunian to get the pulse of the majority on issues to be deliberated upon on the next
regular session and to gather or give information, advice and/or instructions that will help
him/her discharge his/her duties and functions effectively.
SECTION 17. In the absence of the Floor Leader, any member of the Sanggunian,
duly nominated and elected by majority of its members, there being a quorum, shall
temporarily discharge the duties and functions of the Floor Leader until the Floor Leader
arrives.
RULE VII
THE SANGGUNIAN SECRETARY
SECTION 18. In addition to his/her functions and duties expressly provided for under
Section 469 the Local Government Code of 1991, the Secretary to the Sanggunian shall
supervise all the work and ensure the proper discharge of duties and functions of the
Office of the Board Secretary and its staff. This shall include, among others, the
preparation and dissemination of ‘invitations to attend session/committee hearing’ to
resource persons, requesting parties of any request included in the calendar of business
or any competent person from the executive department (for requests coming from the
executive department) who will enlighten the Sanggunian on the matter under
consideration.
RULE VIII
REGULAR AND SPECIAL SESSIONS
SECTION 19. SECTION 19. The Sanggunian shall hold regular sessions within the
Provincial Capitol every Wednesday beginning at exactly ten o’clock in the morning
(10:00 AM), except for the last week of every month which regular session shall be held
outside the Provincial Capitol every Monday beginning at exactly one o’clock in the
afternoon (1 PM) ”(As amended by Sp Resolution No. 2017-9-410 approved on May 3,
2017.
SECTION 20. Special sessions may be called by the Governor, the Vice Governor,
or by a majority of the members of the Sanggunian.
SECTION 21. A written notice to the Sanggunian members stating the date, time
and purpose of the session, shall be served personally or left with his /her secretary/staff
in his/her office or with a member of his/her household at his/her residence, or with an
employee in his/her professional office, at least twenty four (24) hours before the special
session.
SECTION 22. Unless otherwise agreed upon by two-thirds (2/3) vote of the members
present there being a quorum, no other matter may be considered in a special session
except those stated in the notice.
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SECTION 23. All sessions shall be open to the public unless a close-door session is
ordered by an affirmative vote of majority of the members present, there being a
quorum, if the public interest warrants it or for reasons of security, decency or morality.
SECTION 24. No two (2) sessions, whether regular or special, may be held in a single
day.
SECTION 25. Sessions Outside the Provincial Capitol. - To bring the local legislative
body closer to the people, the Sanggunian, upon motion, and approval by the majority
of all the members, may conduct regular or special sessions, in the component
municipalities or barangays outside the provincial capitol.
SECTION 27. Recording of Opening and Adjournment. The exact time of the
opening and adjournment of a session shall be entered in the minutes; provided that
“sine die” adjournment shall be indicated.
RULE IX
QUORUM
SECTION 29. In computing the existence of a quorum, the term “majority” shall
exclude the following:
SECTION 30. No quorum at the start of the session. When the appointed time has
come to start the regular session, the Presiding Chairperson in the person of the Regular
Presiding Officer or TPO, as the case may be, shall call the session to order, with or without
a quorum.
In the absence of a quorum after calling the session to order, the Presiding
Chairperson may perform any of the following:
a. He/she may adjourn the session from hour to hour if he/she would like to wait
for other members who may be late in coming to the session;
b. He/she may adjourn the session from day to day; or
c. He/she may adjourn the session for lack of quorum.
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SECTION 31. No quorum during the session which was started with a quorum.
During a session which started with a quorum and a question on the absence of a
quorum is raised by any member, the Presiding Chairperson shall immediately cause the
reading of the roll of members and announce the result thereof and then declare
whether or not there exists a quorum.
RULE X
ORDER OF BUSINESS
SECTION 32. The Order of Business of this Sanggunian shall be as follows:
a) Call to Order
b) Roll Call
e) Committee Reports
f) Calendar of Business
- Unfinished Business
- Business of the Day
- Unassigned Business
g) Privilege Hour
h) Question Hour
i) Announcement/Information matters
j) Adjournment
SECTION 33. Every session shall commence with a prayer or meditation, or at the
discretion of the Presiding Officer, an invocation by any Sanggunian member
designated, followed by the singing of the National Anthem and the Cagayan Hymn.
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the Secretary to the Sanggunian to provide the necessary administrative support or
secretarial services to the Committee on Rules and other standing or special committees.
b. Business of the Day – refers to a list or items that have been reported out
by committees that are ready for deliberation on “second reading” as
determined by the Committee on Rules. This also includes those items
for the body’s session on “third & final reading”;
SECTION 36. The Calendar of Business shall contain a brief description of the item
of business to be taken up during the regular session including but not limited to the
following:
SECTION 38. As a general rule, the Committee Reports shall be rendered by its
Chairperson, unless he/she dissents with the majority decision. In his/her absence, the
Vice Chairperson shall take his/her place. If neither of them is present, any Committee
member concurring with the report shall render the report.
The reason/s given by a Committee member for his/her change of position shall
be deemed satisfactory if not challenged in the same session by any member of the
Sanggunian. The challenge, if any, shall consist only in the change of position if malicious
in any manner and the challenge shall specify the circumstance constituting the malice.
No debate shall be allowed on the matter which shall be forthwith referred to the
Committee on Ethics and Discipline.
SECTION 41. Deviation from the prescribed order of business may be done only
under the following circumstances:
b) declaring the same fully or partly void, stating the reasons therefore; or
SECTION 43. Other Matters. As a rule, no matter shall be taken up in the Session,
unless it is included in the Calendar of Business. Other matters may however be taken up,
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discussed, approved or disapproved or otherwise acted upon even when they are not
included in the calendar of business in the following situations:
RULE XI
LEGISLATIVE PROCESS
b. Those that are of temporary character shall be passed in the form of resolutions.
Matters relating to proprietary functions and to private concerns shall also be
acted upon by resolution, such as, but not limited to the following:
4. All other matters not falling under the immediately preceding paragraph.
SECTION 46. Form of Ordinances and Resolutions. All ordinances and resolutions in
final form shall be in writing and shall contain an assigned number made in chronological
order and prefixed with the year of passage, a title or caption, an enacting or ordaining
clause, a substantive or dispositive clause, and the date of effectivity, when appropriate.
In addition, every ordinance or resolution shall be accompanied by a brief explanatory
note or a “whereas clause” containing the justification of its approval.
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In general, proposed resolutions and ordinances shall be in written form, more or
less following the requirements of the next preceding paragraph, provided that
resolutions involving simple, clear or indubitable issues may be taken up upon oral
presentations of the proponent. The issue as to whether a proposed resolution may be
taken up upon oral presentation shall be decided without debate by a majority of the
Sanggunian Members present.
a) First Reading. At this stage, the Secretary shall read the title of the proposed
draft ordinance and the name of the author or authors or the names of the members
introducing it. The same shall be referred to the appropriate Committee or Committees
by the Presiding Chairperson or upon motion of any member. At this stage, no debate
shall be allowed. A request for co-authorship or co-sponsorship is allowed at this stage
provided that the requesting party manifests the same in plenary and the principal
author/sponsor consents thereto.
No ordinance or resolution shall be calendared for first reading unless a draft
thereof is provided by its author/s.
b) Second Reading. At this stage, any proposed Ordinance that has already
been reported out by the concerned Committee and has been calendared by the
Committee on Rules for “second reading” may be sponsored by the reporting
Committee Chairperson, or his/her Vice Chairperson, or any Committee Member
designated for that purpose. Other members of the Sangguniang Panlalawigan who wish
to be included as co-sponsors/co-authors of an ordinance may be included as such
provided that the requesting party manifests the same in plenary and the principal
author/sponsor consents thereto.
Since every member of the Sanggunian is supposed to have been furnished the
copy thereof, the proposed ordinance may no longer be read in full unless the sponsoring
Committee or the Sanggunian itself decides otherwise.
The Committee to which the proposed measure had been referred shall then
make its initial statement, that is, as to whether it is
(1) Favorably reporting back the proposed measure without (or with mere
insubstantial) amendments;
(2) Favorably reporting back the proposed measure with substantial
amendments; or
(3) Reporting back the measure with recommendation to stop further
consideration of the measure.
In case of Paragraph (2) above, the author or sponsor may decide to adopt the
amendments made by the Committee. In such a case further proceedings shall be in
accordance with rules on debate and amendments provided in these Rules. However,
should the author or sponsor of the measure not accept the amendments he/she shall
cease to be the author or sponsor of the measure being presented, and the Committee
shall become the sponsor, Further proceeding shall be in accordance with these Rules
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and the original author or sponsor, as any other member, may propose amendments
including the adoption of his/her original proposals.
In case of Paragraph (3) above, no further discussion shall be made thereon, but
the author or sponsor may appeal to the Sanggunian for further consideration of the
measure as proposed by him/her. By a majority vote of the members present, the
Sanggunian may schedule another “second” reading of the same (without the above
preliminaries) in succeeding sessions. If any of his/her proposed amendment is accepted,
he/she shall have the option of regaining his/her authorship.
After the usual sponsorship speech has been delivered, the proposed ordinance
shall be subjected to the following:
- Period of Debate
- Period of Amendment
- Approval on ”second reading”
The Secretary to the Sanggunian shall prepare copies of the proposed Ordinance
or Resolutions in the form it was passed on second reading, and shall distribute to each
Sanggunian Member a copy thereof except that a measure certified by the Governor
as urgent may be submitted for final voting immediately after it has undergone the
periods of debate and amendment during the second reading.
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Upon the passage of all Ordinances and Resolutions directing the payment of
money or creating a liability and at the request of any member of the Sanggunian, the
Sanggunian Secretary shall record the “yes or no votes”. Each approved Ordinance or
Resolution shall be stamped with the seal of the Sanggunian and recorded in a book
kept for the purpose.
SECTION 48. Approval of Ordinance and Veto Power of the Governor. The approval
of an ordinance by the Governor and the exercise of his veto power shall be governed
by the following rules:
c) The Governor may veto any ordinance of the Sanggunian on the ground that
it is “ultra vires” or prejudicial to the public welfare, stating his reasons thereof in writing.
d) The Governor shall have the power to veto any particular item or items of an
appropriation ordinance or an ordinance adopting a local development plan, or an
ordinance directing the payment of money or creating a liability. In such case, the veto
shall not affect the item or items which are not objected to. The vetoed item or items shall
not take effect unless the Sanggunian overrides the veto in the manner as provided in
this section otherwise the item or items in the appropriation ordinance of the previous
year corresponding to those vetoed, if any, shall be deemed re-enacted.
SECTION 50. Putting the Question to a Vote. The Presiding Chairperson shall rise
whenever he/she is putting a question to a vote. In taking the vote, the Presiding
Chairperson shall take first affirmative votes followed by the negative votes.
Immediately after taking the votes, the Presiding Chairperson shall announce the
result thereof.
SECTION 51. Effectivity of Enactment. Unless otherwise stated in the Ordinance (or
resolutions in appropriate cases), the same shall take effect after the lapse of ten (10)
days from the date a copy thereof is posted in the bulletin board at the entrance of the
Capitol and in two (2) other conspicuous places. The Secretary shall cause such posting
within five (5) days after approval thereof. For this purpose, the word “Approval” shall
mean the approval of the governor or the fact that fifteen (15) days have lapsed with
the governor not acting on the ordinance or resolution.
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The gist of all ordinances with penal sanctions shall be published in a newspaper
of general circulation within the province. Additionally, such Ordinances may also be
posted in all municipalities of the province and copies thereof furnished to law
enforcement agencies in each component unit. Regardless of the date of effectivity
stated in the Ordinance, Ordinances with penal sanctions shall become effective only
after compliance with the said publication and/or posting.
RULE XII
VOTES AND VOTING
SECTION 52. Voting on a Question. Whenever a nominal voting (or roll call voting)
is being applied, the Secretary shall call the roll of members either in alphabetical order,
by rank, or by representative districts. As each name is called, the member shall
announce his vote by stating “YES” or “NO“, as the case may be. As a general rule, a
member may explain his/her vote but not to exceed three (3) minutes.
A second roll call may be requested by any member from the Presiding
Chairperson, but this time, only the names of those who failed to vote shall be called. This
is to give another opportunity to those who failed to cast their vote or to exercise their
right. This is also to determine the number of members who might have violated the “rule
on abstention”. After this second roll call, no other request of the same kind shall be
entertained by the Presiding Chairperson.
SECTION 54. Change of Vote. A member may change his/her vote but only when
the result of the voting has not been announced by the Presiding Chairperson. Otherwise
he/she can only change his/her vote by unanimous consent of the members present,
provided that this rule shall not be applied if voting is by ballot.
SECTION 55. Vote by Latecomer. A member who came in late during session but
who happens to arrive while voting is in progress shall be allowed to vote, provided that
the result of voting has not yet been announced by the Presiding Chairperson.
SECTION 56. Allowable Motion during Voting. Except for a motion pertaining to a
question of quorum no other motion shall be entertained by the Presiding Chairperson
while voting is in progress.
SECTION 57. Tie Vote. A tie vote resulting from a vote taken on any motion,
measure, or proposal shall be construed to mean that the particular motion, measure or
proposal is defeated unless the Presiding Officer decides to break it by virtue of Section
7 (h) of the Rules. Exception to this rule is when a “motion to appeal from the decision of
the Presiding Chair” is put to a vote and it resulted in tie. In this case, the tie vote is
considered to sustain the decision of the Presiding Chair.
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SECTION 58. Majority Vote of All the Members. As provided for under R.A 7160 and
its Implementing Rules and Regulations, a “majority vote of all members of the
Sanggunian” is required in the following circumstances:
A. Ordinances levying taxes, fees and charge, prescribing the rates thereof for
general and specific purposes and granting tax exemptions incentives or reliefs;
Provided further, that a vote of at least two-thirds (2/3) of all the members of the
Sanggunian shall be required to pass a measure:
B. Suspending or expelling any of the members of the Sanggunian for the reasons
contemplated under Section 50 (5) of the Local Government Code.
SECTION 59. Majority Vote of the Members Present Thereby Constituting a Quorum.
Except as provided in the immediately preceding section, all other legislative matters or
measures shall require only a “majority vote of the members present therein having a
“quorum” for its passage, adoption, or enactment, as the case may be.
SECTION 60. Plurality Vote. A decision of the Sanggunian through a “plurality vote”
shall be valid only and enforceable if it is the result of an election of officers of the
Sanggunian or members of committees. No legislative proposal or measure of whatever
nature shall be passed, adopted or enacted by this Sanggunian thru a mere plurality
vote.
SECTION 61. Percentage Vote. For purposes of this Section, a percentage vote shall
be construed to mean as a “proportion of a certain whole”. Percentage vote shall be
applied in the following:
A. A two-thirds (2/3) vote of all the members of this Sanggunian shall be required
in overriding the veto of the Governor for any ordinance or resolution, thereby
making the particular ordinance or resolution effective for all intents and
purposes.
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B. Unless otherwise concurred by two-thirds (2/3) vote of the Sanggunian
members present, there being a quorum, no other matters may be considered
at a special session except those stated in the notice.
D. With the concurrence of at least two-thirds (2/3) of all the members of this
Sanggunian, grant tax exemptions, incentives or reliefs to qualified entities.
E. At least a two-thirds (2/3) affirmative vote of the members present, there being
a quorum, shall be required for the adoption of the following motions:
F. At least a two-thirds (2/3) negative vote of the members present, there being
a quorum, shall be required in order to sustain the “motion to object to the
consideration of a question”.
SECTION 63. Simple Majority. Except as otherwise provided in this Internal Rules of
Procedure and existing laws, rules and regulations, a vote by a “simple majority” shall
prevail on other measures, motions or propositions provided there is a quorum. In
parliamentary parlance, the term” simple majority” means one- half plus one (1/2+1) of
the total votes cast by the members present there being a quorum. It might be less than
the majority of the entire membership.
RULE XIII
RULES ON DEBATES AND AMENDMENTS
SECTION 64. Use of the Gavel. One tap of the gavel means everybody should sit
down and keep quiet, or a Resolution or Ordinance has been approved or disapproved,
or there is a declaration of a recess or adjournment. Two (2) bangs shall mean that the
speaker or the delegation stand. Three (3) taps shall mean that everybody stands. This is
used to honor a dignitary entering the session hall and during the flag ceremony and
invocation. Several taps shall mean a call for order in the house.
SECTION 65. As a general rule, no member shall speak before the Sanggunian
without first “obtaining the floor”. A member who has obtained the floor shall address all
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his/her remarks to the Presiding Chairperson. He/she shall conduct himself/herself with
proper decorum by confining his/her remarks or arguments to the question under
debate, by avoiding personalities and by refraining to utter words or to perform acts
inconsistent with decorum.
If it is requested that a Member be called for words spoken in debate, the member
making such request shall indicate the words he/she feels unacceptable and should be
avoided and shall be taken down in writing by the Secretary who shall read it aloud. The
member who uttered such words shall not be held to answer, nor be subject to censure
by the Sanggunian if further debate or other business has already intervened.
SECTION 66. All questions addressed to the speaker or the member having the
floor must always be coursed thru the Presiding Chairperson. When a member desires to
speak, he/she shall rise and respectfully address the Chairperson, “Mister Chairman or
Madam Chairperson”.
When two or more Members raise their hands at the same time, the Floor Leader
shall decide whom to recognize first by requesting the Presiding Chairperson to give the
floor to whomever he/she decides to speak first.
SECTION 68. No member shall speak for more than fifteen (15) minutes on a
particular issue or question being debated upon unless he/she is allowed to do so by
majority of the members present.
SECTION 69. During the period of amendment, every member shall observe the
so-called “five-minute rule”, i.e. remarks or argumentation by any member on each
proposed amendment shall not exceed five (5) minutes.
SECTION 70. While having the floor, a member may be interrupted in his/her
speech or talk by the Presiding Officer to state a point of order, to respond to questions
from the floor, to clarify something related to the issue being discussed or to make certain
remarks within his/her privilege.
SECTION 71. The speaker may also be interrupted by another member if the latter
desires to ask questions thru this privilege to interpellate and by proposing the following
motions:
- Point of Order
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- Point of Information
- Point of Parliamentary Inquiry
- Call for Orders of the Day
- Divide the Assembly
- Raise a Question of Privilege
- Reconsider
- Appeal from the Decision of the Chair
SECTION 72. The Speaker being interpellated may decline answering the
questions, if he/she so desires.
SECTION 73. No member shall speak against his/her own motion or proposition.
He/she may, however, be permitted to withdraw his/her motion or proposition and if
his/her request to withdraw it is denied, he/she may vote against it.
SECTION 74. While the period of debate is in progress, no member shall roam
around the session hall or leave the premises without the permission of the Presiding
Chairperson.
SECTION 76. During the session, the Members shall be in proper attire (“coat and
tie or Barong for the gentlemen; and a decent dress for the ladies) and observe proper
decorum. Smoking shall not be permitted within the Session Hall.
All cellular phones must be put in silent mode once inside, and no processes not
related to the calendar of business, such as, but not limited to the signing of documents
(i.e. financial assistance, vouchers) will be allowed within the Session Hall. The Secretariat
shall ensure the strict observance of this Rule.
SECTION 77. A motion to close the debate is in order if three (3) members have
already spoken in the affirmative side and two (2) in the negative side; or only one (1)
member has spoken in favor of the measure under consideration but none against it.
SECTION 79. A motion “to call for the previous question” results in the closing of
debate on a pending question.
SECTION 81. After the period of debate has been closed, the period of
amendments shall immediately follow.
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SECTION 82. Unless the members present in a particular session adopt a different
method, amendments to any proposed measure, or parts thereof, shall be in seriatim.
Under the seriatim method, the written copy of the proposed measure is numbered per
line and is read paragraph-by-paragraph or section-by-section and after each one is
read, amendments can be proposed and debated upon. Thereafter, a vote is taken on
the proposed amendment. Eventually, this process will reach its conclusion and the
original measure or proposition is said to have passed the “second reading”.
RULE XIV
RULES ON MOTIONS
SECTION 84. If someone “has the floor”, whether or not he/she is speaking, a
“motion to adjourn” shall be ruled “out of order”.
SECTION 85. The following motions can be presented or proposed even if someone
has the floor, viz:
a) Appeal from the decision of the Presiding Chairperson;
b) Call for Orders of the Day;
c) Divide the Assembly or Body;
d) Divide the Question;
e) Object to the Consideration of a Question;
f) Point of Order;
g) Point of Information;
h) Point of Parliamentary Inquiry;
i) Motion for Reconsideration;
j) Reconsider matters entered on the minutes;
k) Raise a Question of Privilege.
SECTION 86. Privilege Motions. All “privilege motions” may be proposed even if
there is a pending motion or question before the body. Privilege motions are those
questions or subject matters which, under the Rules, take precedence over other motions
and subject matters.
a. Those affecting the rights of the Sanggunian: its safety, dignity, and
integrity.
b. Those affecting the rights reputation and conduct of the members,
individually, in their capacity as such Members.
Subject to five-minute rule, questions of privilege shall take precedence over all
other questions, except motion to adjourn.
SECTION 87. Motions or questions, which were laid on the table, may be taken up
through a motion to that effect during that particular session or during the next regular
session but not beyond.
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When a motion, report or proposed measure is adopted or lost, it shall be in order
for a Member who votes with the majority to move for the reconsideration thereof on the
same or succeeding session day. Such motion shall take precedence over all other
questions, except a motion to adjourn, to raise a question privilege and a call to order.
a. Adjourn;
b. Adopt a report or resolution, except when proposed by the reporting
Committee Chairperson or member of that Committee;
c. Amend;
d. Appeal from the decision of the Chairperson;
e. Commit or refer to a Committee;
f. Expunge;
g. Extend or Limit the time for debate;
h. Fix the time to adjourn;
i. Lay on the Table;
j. Postpone Definitely;
k. Postpone Indefinitely;
l. Call for the Previous Question;
m. Recess;
n. Motion for Reconsideration;
o. Reconsider matters entered on the minutes;
p. Rescind or Repeal;
q. Suspend the Rules;
r. Take from the Table;
s. All main motions.
SECTION 90. A motion to amend (amendment of the 1st degree) and motion to
amend an amendment (amendment of the 2nd degree) may be withdrawn but only
before a decision is made thereon.
SECTION 91. A motion to amend is in order only to second degree. Thus, a motion
“to amend an amendment to an amendment’ is out of order. It shall also be in order to
offer in further amendment by substitution, but it shall not be voted upon until the original
motion or proposition is perfected. Any of said amendments may be withdrawn before
a decision is had thereon.
SECTION 92. When a motion is made, the Presiding Chairperson shall state it before
it is put to debate. A motion can be withdrawn only when it is not yet being discussed or
debated upon by the Body. Otherwise, any request to withdraw it shall require a vote by
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general consent and if there is an objection raised for its withdrawal, a vote of majority
of the members present is required.
SECTION 93. No motion shall cover more than one subject matter.
RULE XV
COMMITTEES
SECTION 95. Creation, Merging & Dissolution of Committees. The following rules
shall be observed in the creation merging and dissolution of committees.
SECTION 97. Rotating Chairperson. There shall be a rotating chairperson for the
Committee on Boundary Disputes and the Committee on Complaints and Investigation.
This means that the Committee Member who must sit as the Chairperson must not be
representing a district involved in the boundary dispute, or must not be representing a
district where the public official involved in the administrative case comes from.
SECTION 102. Quorum. At least three (3) members of a Committee shall constitute
a quorum to transact official business, however, in all cases, the Report of the Committee
shall be considered as such only if a majority of its total membership shall agree to the
position taken by the Committee. When the Committee Report is signed favorably by at
least a majority of the Committee membership, the Committee Report is deemed
adopted by the Committee concerned.
A. Chairperson;
B. Vice Chairperson, if he/she is in the capacity of an “Acting
Chairperson”;
C. Majority of the committee members provided that due notice is served
upon each and every Committee member.
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A. By a majority vote of all the members of the Sanggunian; or
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c) Committee on Complaints and Investigation
- Sports development
- Youth welfare and development
- Agricultural development
- Plight of farmers, fisher folks and tenants
- Implementation of Agrarian Reform programs and projects
- Mobilization of Agrarian Reform Communities
- Food security program
- Problems and issues on agriculture and agricultural technology
- All other matters pertaining to Agriculture and Agrarian Reform
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- Construction, maintenance and repair of roads, bridges and
other government infrastructure
- Measures that pertain to drainage and sewerage and similar projects
- All other matters related to public works and infrastructure projects
n) Committee on Cooperatives
s) Committee on Tourism
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To this Committee shall be referred all matters or questions pertaining to or
connected with the following:
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x) Committee on Public Information/ Public Utilities, Transportation and
Communication
RULE XVI
COMMITTEE REPORTS
SECTION 110. The Committee report shall contain the following information:
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-Brief statement of the subject matter referred to it and the action taken
thereon including information gathered during the conduct of Committee hearings or
meetings and other relevant information
-Findings or conclusions
-Recommendations
-Names and signatures of concurring members
-Appendices (Minutes of committee hearings or committee meetings as
the case may be)
SECTION 111. A committee which failed to submit a Committee report within the
time required may be discharged by the Sanggunian from further consideration of the
measure or question referred to it. Upon motion by any member and approval by the
majority, the said measure can be re-assigned to another Committee or submitted to
the body for proper disposition.
SECTION 112. When the Sanggunian is not satisfied with the report of a particular
Committee on a measure referred to it, the same may be re-committed or returned
back to the Committee for further study.
SECTION 113. After the Committee has rendered its report and is recommending
favorably the enactment of a proposed Ordinance it has “reported out”, a copy of the
proposed ordinance shall be furnished the Committee on Rules which shall calendar
it for “second reading”. Before the said proposed ordinance is sponsored on the floor,
a copy thereof shall be furnished every Sanggunian member by the committee
Chairperson concerned.
RULE XVII
SUSPENSION OF RULES
SECTION 114. Any part of this “Internal Rules of Procedure”, except those
prescribed by existing laws may be suspended at any particular session by general
consent or by two-thirds (2/3) vote of the members present therein, a quorum being
present.
SECTION 115. Only the chairperson or Vice Chairperson of the Committee on Rules
can move for the suspension of the Rules. In the absence of the Chairperson or the Vice
Chairperson, then the next Member of the Committee can move.
SECTION 116. When a motion to suspend the Rules is pending one motion to
adjourn may be entertained. If it is lost, no similar motion shall be entertained until the
vote is taken on the motion to suspend.
SECTION 117. If the Sanggunian votes to suspend the Rules, it shall forthwith
proceed to consider the measure two-thirds (2/3) vote of the Members present shall be
necessary for the passage of said measure, a quorum being present.
RULE XVIII
JOURNAL AND RECORD OF PROCEEDINGS
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SECTION 118. The Sanggunian shall keep a “journal and record” of its proceeding
which may be published upon resolution of the majority members thereof.
SECTION 120. The minutes of the previous session shall be submitted by the
Secretary to the Sanggunian during its succeeding regular session. The Sanggunian shall
first determine if there are corrections to be made on the minutes and act on it
accordingly before the same is adopted and becomes its property. Consideration of
the minutes shall not be dispensed with. Reading of the minutes “verbatim” may be
dispensed with if the members were already furnished a copy before hand. Being all
responsible men and women, the members are presumed to have read the minutes
already before they come to the session. In any case, the minutes submitted by the
Secretary shall be acted by the members present, one way or the other.
-Name of the members present therein and those who were absent and
the reason/s for the absence of there be any;
-The “Ayes and Nays” or “Yes or No” vote on every question/measure and
manner of voting (e.g. nominal voting); the names of those who voted on either side,
SECTION 123. Excerpts to be taken out of the minutes shall be certified and
3attested as correct by the Secretary and the Presiding Chairperson on that particular
session, respectively.
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SECTION 124. The Secretary of the Sanggunian shall keep complete records of all
legislative proceedings and every approved Ordinance or Resolution containing:
RULE XIX
DISCIPLINARY ACTIONS
SECTION 125. Any member who commits an act of transgression of the foregoing
internal Rules of Procedure shall be punished with the corresponding penalties hereunder
prescribed, to wit;
4. For any “unjustified” absence without Fine of not less than P500.00 but not
prior notice more than P1, 000.00
5. For “unjustified” absence in four (4) Fine of not less than P5, 000.00 but not
consecutive sessions more than P10, 000.00 without prejudice
to the filling of the corresponding
Administrative charge as per Art. 124 (6)
IRR of RA 7160
6. For coming late in any session Fine of not less than P250.00 but not
Per Hour of being late fraction more than P500.00
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thereof
7. For refusal without valid excuse To Fifteen (15) day suspension without
perform The task assigned to Him by remuneration
Sanggunian of which he is a member
8. For “unjustified” absence in Fine of not less than P1, 000.00 but not
committee hearing of which he is a more than P2,000.00 without prejudice
composite member to the filing of corresponding
administrative charge for neglect of
duty
9. For violation of any other provision of Fine of not less than P1,000.00 but not
these Internal Rules of Procedure more than P2,000.00 or suspension of
not specified herein more than fifteen (15) days without
remuneration
SECTION 126. “Justified” absence as used in these Rules shall operationally mean an
absence from a session or committee hearing/meeting only in the following two
instances:
SECTION 128. The Committee on Rules shall take cognizance of all the offenses
enumerated in the preceding Section committed by the member of this Sanggunian,
whether a composite or constituent member, and shall initiate the necessary disciplinary
action. It shall forthwith conduct the necessary fact finding investigation and thereafter
submit its Committee Report together with the corresponding recommendation for
consideration of the Sanggunian sitting en banc.
For purpose of this Section, only a fact finding investigation and not an
“administrative investigation” shall be conducted, and thus, the technical rules of court
practice, procedure and evidence shall not be applied. However, the substantive due
process requirement of fairness and reasonableness should be observed.
Should any member of the Committee on Rules be the respondent, the Presiding
Officer shall designate a replacement to complete the membership thereof, but only
insofar as the conduct of the fact finding investigation is concerned. In performing the
other functions of the said Committee, the respondent is still a member of that
Committee.
SECTION 129. The Secretary to the Sanggunian shall collect the fines as may be
imposed by this Sanggunian and shall take custody thereof as a private trust fund. This
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shall be used to fund expenses incidental to the conduct of committee hearings and
meetings.
RULE XX
OFFICIAL SEAL
SECTION 130. The Sanggunian Panlalawigan shall keep a seal for all documents,
resolutions, ordinances and other official acts.
RULE XXI
AMENDMENTS
SECTION 131. This “Internal Rules of Procedures” may be amended at any regular
session by two-thirds (2/3) vote of all members of this Sanggunian, provided that prior
notice of such proposed amendment is given to all the members of the Sanggunian, and
provided further that no provision therein which is based on or prescribed by, existing laws
shall be amended.
RULE XXII
EFFECTIVITY
SECTION 132. This “Internal Rules of Procedure” shall take effect on the date of its
adoption.
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APPROVED this 5th day of July 2016 at the Sangguniang Panlalawigan Session Hall,
Capitol Hills, Tuguegarao City, Cagayan.
SECRETARY’S CERTIFICATION
Attested:
NEA_07/07/16
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