13th Council Internal Rules

Internal Rules of the 13th Council … of 10

INTERNAL RULES OF PROCEDURES OF THE 13TH SANGGUNIANG BAYAN OF BANAYBANAY, DAVAO ORIENTAL

RULE I. MEMBERSHIP

SECTION 1. COMPOSITION. — The Sangguniang Bayan shall be composed of the Municipal Vice Mayor as the Presiding Officer, the regular Sangguniang Bayan members, the President of the Municipal Chapter of the Liga ng mga Barangay, the President of the Pambayang Pederasyon ng mga Sangguniang Kabataan and the Indigenous People’s Representative.

RULE II. PRESIDING OFFICER

SECTION 1. THE PRESIDING OFFICER — The Vice Mayor shall be the Presiding Officer of the Sangguniang Bayan of Banaybanay. The Presiding Officer shall vote only to break a tie and whose duties and responsibilities are provided in Book III, TITLE TWO. - THE MUNICIPALITY, Chapter 3, Article 2, Section 445 of the Local Government Code of 1991.

In the event of the inability of the Vice Mayor to act as the Presiding Officer, the Sanggunian members present, constituting a quorum shall elect from among them a temporary Presiding Officer. The Acting or temporary Presiding Officer cannot vote in case of a tie and shall certify within ten (10) days from their enactment or adoption all resolutions and ordinances passed by the Sangguniang Bayan of Banaybanay.

SECTION 2. POWERS AND DUTIES OF THE VICE MAYOR — The Presiding Officer shall:

a) Preside over the sessions of the Sangguniang Bayan;b) Preserve order and decorum during sessions, and in case of disturbance

and disorderly conduct in the session hall or within the premises, take measures as he deems advisable or as the Sanggunian may direct;

c) Decide all questions of order, subject to appeal by any Sanggunian member in accordance with these rules;

d) Signs all acts, ordinances, resolutions, memorials and subpoenas issued by or upon order of the Sanggunian, and

e) Exercise such other powers and performs such other functions as provided by Chapter 3, Article 2, Section 445, Book III, Title Two of the LGC of 1991.

SECTION 3. The regular Presiding Officer shall not be a chairman of any standing committee but shall have a voice in the committee deliberations. He may however be a chairman of any special body or ad hoc committee, which the Sanggunian may organize for specific purpose.

RULE III. THE SECRETARY TO THE SANGGUNIAN

SECTION 1. — The Secretary to the Sanggunian shall:a) Attend meetings of the Sangguniang Bayan and keeps the journal of its

proceedings;b) Record in a book kept for the purpose, all ordinances and resolutions

enacted or adopted by the Sanggunian with the dates of their enactment and publications;

CERTIFIED CORRECT: ATTESTED: APPROVED:

DEMETRIO C. BAGAYAS EDEN CELESTINO S. CACHO PEDRO T. MEJOS Vice Mayor, Presiding Officer Secretary to the Sanggunian Municipal Mayor

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c) Forward to the Local Chief Executive for appropriate action, ordinances and resolutions enacted or adopted by the Sangguniang Bayan which have been certified as such by the Presiding Officer within ten (10) days after their adoption and being enacted;

d) Keep and affix the Sanggunian seal on all ordinances and resolutions signed by the Local Chief Executive;

e) Attest to all ordinances and resolutions approved by the Sanggunian and signed by the Local Chief Executive;

f) Forward to the Sangguniang Panlalawigan for review copies of approved resolutions and ordinances within 72 hours after their approval;

g) Translate into the dialect used by the of the people of the municipality all ordinances and resolutions immediately after their approval, and have the translation posted, together with the original at the main entrance of the Municipal Hall and two (2) other conspicuous places in the area;

h) Upon request, furnish certified copies of all the records and documents in his charge not otherwise classified as confidential, upon payment to the local treasurer of the fees prescribed by ordinances;

i) Keep in his office, all records therein which are not confidential in character, open to the public for inspection during the usual business hours; and

j) Exercise such other powers and perform such other functions as may be prescribed by law or ordinance, or rules promulgated by the body.

RULE IV. SESSION

SECTION 1. REGULAR SESSION. — The regular session of the Sangguniang Bayan of Banaybanay shall be held every Tuesday of the week and will start at 9:00 A.M. at the SB Session Hall. If the agenda is not finished at noontime, the session should continue in the afternoon. If Tuesday falls on a holiday, the session will be held on the following day. And if the Body decides to transfer the venue, the decision should be voted by majority of the total number of the SB members.

A regular session shall be held in the barangays of the Municipality as the need arises.

SECTION 2. SPECIAL SESSION. — When public interest so demands, Special Session may be called by the Mayor, the Vice Mayor or by the majority of the members of the Sanggunian any day. However, a written notice should be served personally or leave to a household member at his/her residence at least 24 hours before the session. Unless, otherwise agreed by the 2/3rd’s vote of the members present, no other matters may be considered at a Special Session except that which is stated on the notice.

SECTION 3. CALL TO ORDER — The Presiding Officer shall open the session by calling the Sangguniang Bayan to order at exactly 9:00 AM. One minute silent prayer and the singing of the Pambansang Awit and Banaybanay Hym shall follow.

SECTION 4. ATTENDANCE IN SESSION — Every member of the Sanggunian shall be present in all sessions unless expressly or necessarily prevented from doing so by sickness or other unavoidable circumstances duly reported to the Secretary. Members on official business shall be considered present, however, he/she has to report to the body the accomplishment made while he/she is on official travel.



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A member who wishes to take a leave should file his/her intention two (2) days before the effectivity. No more than two (2) vacation leaves shall be granted at the same time. And no member is allowed to be absent for four (4) consecutive absences (cf. RA 7160, Sec. 50 b-5).

SECTION 5. LANGUAGES TO BE USED — English, Tagalog and Cebuano will be the official media of communication to use in the deliberation during sessions.

SECTION 6. FORMAL ATTIRE. — Male members should wear Barong Tagalog or Polo Barong, while the lady legislator should wear terno blazer or Barong Tagalog either short or long sleeve during regular sessions

For Special Sessions or out of town sessions or sessions held in the barangays, the members could wear any formal attire of any color.

SECTION 7. OPEN TO THE PUBLIC — Sanggunian sessions or any committee meetings shall be open to the public, unless a close session is decided or ordered by an affirmative vote of the majority of the members present. There being a quorum, in the interest of the public or for reasons of security, decency or morality, or for reasons affecting the dignity of the Sanggunian or any of its members, or when confidential matters are being considered, closed session could be held.

On a motion to hold a close session duly approved, the Presiding Officer shall direct the session cleared and doors closed.

Only the Secretary and such other person/s specifically authorized by the Sanggunian shall be admitted to the close session. They should preserve the secrecy of whatever may be read or said at the session.

SECTION 8. SUSPENSION AND ADJOURNMENT OF SESSION — Sessions of the Sanggunian shall not be suspended or adjourned except by direction of the Sanggunian itself, but the Presiding Officer, may in his discretion, declare a recess of short intervals.

SECTION 9. OPENING AND ADJOURNMENT TO BE ENTERED IN THE MINUTES — The exact hour of opening and adjournment of a session shall be entered in the Minutes.

RULE V. ROLL CALL AND QUORUM

SECTION 1. QUORUM. — A majority of all elective and appointive members of the Sanggunian 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 members and therefore announce the result. For lack of quorum, a 30-minute grace period is allowed before the body will act for its adjournment.

SECTION 2. ABSENCE AND QUORUM — When there is no quorum in a given session, the Presiding Officer may declare a recess of 30-minute until such time 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 without good cause by issuing to the Philippine National Police (PNP) assigned in



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the area, an order for arrest and presentment of the absent member at the session.

If there is no quorum despite of the foregoing, no business shall be treated. The Presiding Officer, upon proper motion, duly approved by the members present, shall then declare the session adjourned for lack of quorum.

RULE VI. COMMITTEES

SECTION 1. STANDING COMMITTEES. — The Sangguniang Bayan of Banaybanay, Davao Oriental shall elect the Chairpersons and members of the following Standing Committees:

SECTION 2. COMPOSITION OF COMMITTEES – Each committee shall be composed of the Chairman, Vice Chairman and three (3) members only.

1. COMMITTEE ON RULES, LAWS AND PRIVILEGES. — The Chairman is to act as the Floor Leader. To pass on matters relating to the rules of the body, procedures and other matters affecting the Sanggunian and/or members in their respective capacity.

2. COMMITTEE ON FINANCE, APPROPRIATION AND WAYS AND MEANS. — To act/pass on matters relating to finance and appropriations, disbursements and expenditures of the Municipality, and to study, prepare and recommend Tax Ordinances and other measures to increase the finances and resources of the municipality.

3. COMMITTEE ON PEACE AND ORDER, TRANSPORTATION, PUBLIC SAFETY AND HUMAN RIGHTS. — To act/pass on matters concerning human rights, transportation, public order and security, civil defense; liaison with peace officers in the implementation of national laws and issuances and enforcement of local ordinances.

4. COMMITTEE ON INFRASTRUCTURE AND DEVELOPMENT PROGRAMS, MACHINERIES AND EQUIPMENT. — To act/pass on matters relating to planning, constructions, maintenance, improvement and repair of public buildings, streets, streetlights, playgrounds, parks, drainage and bridges; as well as, machineries and equipments.

5. COMMITTEE ON TOURISM. — To act/pass on matters relative to aesthetic and harmonious set up of the municipal environment, including projects, programs and activities that would captivate local and foreign tourists.

6. COMMITTEE ON BARANGAY AFFAIRS. — To act/pass on matters involving Barangay affairs and measures for adoption in response to prevailing problems.

7. COMMITTEE ON COMMERCE, TRADE, INDUSTRY, AND LABOR . — To act/pass on matters involving commerce, trade, industry, banking, and labor.



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8. COMMITTEE ON AGRICULTURE, FISHERIES AND COOPERATIVES. — To act/pass on matters involving agriculture (farming, live stocks and fishing) and food production, as well as, the cooperatives.

9. COMMITTEE ON EDUCATION. — To act/pass on matters involving education and culture, as well as matters relating to vocational and skills training.

10. COMMITTEE ON YOUTH AND SPORTS DEVELOPMENT. — To act/pass on matters involving promotions of sports and physical fitness and to pass on laws involving youth development program.

11. COMMITTEE ON LANDED ESTATE, RESETTLEMENT, AND AGRARIAN REFORM. — To act/pass on matters relating to relocation of squatters, calamity victims and homeless, their rehabilitation and settlement; also on matters pertaining to public domain, expropriation of land including the acquisition and administration and disposition of real estate of the Municipality of Banaybanay.

12. COMMITTEE ON ETHICS AND GOOD GOVERNMENT. — To act/pass on matters relating to imposition of discipline and moral conduct of public officials, elected and appointed. The committee’s concerns involve that of investigation on the complaints against the mentioned government personnel.

13. COMMITTEE ON ENVIRONMENTAL PROTECTION, NATURAL RESOURCES AND ECOLOGY. — To act/pass on matters involving environmental protection, conservation of the natural resources, and maintenance of ecological balance in the municipality.

14. COMMITTEE ON WOMEN AND FAMILY WELFARE. — To act/pass on measures pertaining bondage and unity in the family, gender issues, care and security of the older and the differently able persons; they being part of the society.

15. COMMITTEE ON HEALTH AND SANITATION. — To act/pass on matters involving safeguards to health, maintenance of health and sanitation, maintenance of an operational public market, and effective waste management system.

16. COMMITTEE ON SOCIAL WELFARE AND COMMUNITY DEVELOPMENT – To act on all matters relating to public and social welfare and ameliorative services; public social services for the disadvantaged groups in the society including the elderly, the disabled, street children, drug dependents, criminal offenders and squatters.

17. COMMITTEE ON INDIGENOUS PEOPLES CONCERNS – To act/pass on matters involving the concerns of the Indigenous Peoples: their ancestral lands, culture, socio-economic and other developmental agenda.

The function of the Sangguniang Bayan members is not confined only in the passing of measures but will also monitor and evaluate the implementation of the acts of the body.



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RULE VII. ORDER OF BUSINESS

SECTION 1. ORDER OF BUSINESS. — The Order of Business of the Sangguniang Bayan for every session shall be.

1. Call to Order2. Silent Prayer and Singing of the Pambansang Awit & Banaybanay Hymn3. Roll Call4. Approval of the Previous Minutes5. Referrals /First Reading6. Communication Received7. Privilege Time8. Question Time9. Committee Report10. Calendar of Business 10.1 Unfinished Business 10.2 Business of the Day

10.3 Unassigned Business11. Announcements12. Adjournment

SECTION 2. SPECIAL SESSIONS. — In Special Session, the Order of Business is what is so provided for in the proclamation of the Mayor or Vice Mayor and the two thirds (2/3) of the Sangguniang Bayan members.

RULE VIII. AGENDA

SECTION 1. — The agenda will be the new business. It will be prepared in writing by the Chairman on Rules and furnish to the members one (1) day before the session.

SECTION 2. — All matters intended for the action of the Sangguniang Bayan shall first be referred to the committee concerned for study and recommendation before the same will be included in the agenda for deliberation and action of the body. Resolutions coming from the LCE should be accompanied by an explanatory letter and indicating whether the resolution is urgent or not.

Subject matter under the guise of other matters will be considered by motions to suspend the rules by the Chairman of Committee on Rules, unless time is of the essence to have it inserted since it is so urgent and pressing, but with the approval of the majority of the members present.

Motion to suspend the rules for passage of a measure shall be debated for not more than ten (10) minutes.

Urgent matters are such which involve public interest. The delay in the consideration of which will prejudice essential activities of the government.

SECTION 3. — No matters involving the passage of an Appropriation Ordinance shall be included in the agenda without the proper certification of the availability of funds by the Municipal Treasurer.

SECTION 4. — Resolution or Ordinance vetoed by the Mayor with the accompanying veto message shall upon receipt by the Secretary be included in the agenda for the next regular session.



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SECTION 5. — Upon receipt of petitions, letters and resolutions, the Secretary to the Sanggunian will immediately refer it to the committee concerned for study and recommendation before it will be included in the Business of the Day.

RULE IX. QUORUM

SECTION 1. — Majority of the members of the Sangguniang Bayan shall constitute a quorum for transaction of business.

SECTION 2. — In case of permanent vacancy caused by death or any other circumstances, the reference for quorum will be based to those seats or positions actually occupied.

RULE X. RESOLUTIONS AND ORDINANCES

SECTION 1. — Proposed resolutions and ordinances will be signed by their authors and shall be filed with the Secretary to the Sangguniang, who, after filing, shall refer it to the committee concerned.

SECTION 2. — Reports and recommendation of the committee shall be submitted to the Secretary, and which after having been approved by the Chairman on Rules, be included in the agenda. Such reports shall be submitted within three (3) days from receipt of the matter referred to the committee unless the matter requires public hearing in which case the report should be submitted within fifteen (15) days after the termination of the hearing.

The proponent of the matter under committee hearing though he is not a member of the committee shall attend the hearing.

SECTION 3. — The affirmative votes of the majority shall be necessary for the passage of the ordinance or any resolution or motion directing the payment of money creating liability, but other measures may be approved by the majority votes of the members present during the voting, there being a quorum.

SECTION 4. — No ordinance shall be approved unless it passed three readings except when the Presiding Officer of the Sangguniang Bayan concerned certifies to the necessity of its immediate enactment to meet public calamity or emergency. Upon the third reading of an ordinance, no more amendments will be introduced except for minor corrections.

SECTION 5. — Resolutions will be enacted in like manner, however, it may not pass three (3) readings except otherwise if decided by the body.

SECTION 6. — All approved ordinances will be forwarded to the Chief Executive for approval. All pages of the ordinances and resolutions required by law will be signed and the word “APPROVED” shall appear on the last page.



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SECTION 7. – In case there are urgent matters from the Local Chief Executive which require appropriations, it shall be referred to the proper committees for further study.

RULE XI. DECORUM AND DEBATE

SECTION 1. MANNER OF ADDRESSING THE CHAIR. — When a member desires to speak, she/he shall raise his/her right hand or rise and respectfully address the Chair, “Mr./Madam Chairman/Chairwoman” or “Mr./Madam Presiding Officer”.

SECTION 2. RECOGNITION OF MEMBERS TO SPEAK. — When two (2) or more members raise their hand or rise at the same time, the Presiding Officer shall determine and recognize the member who is to speak.

SECTION 3. THE LIMIT FOR SPEECHES. — No member shall occupy fifteen (15) minutes in debate or any question or speak for more than once on any question without leave of the Sanggunian, except as hereinafter provided. The period of interpellation shall not be counted against the time of the member speaking.

SECTION 4. SPONSOR TO OPEN AND CLOSE THE DEBATE. — The member reporting a measure under consideration from a committee may open and close the debate hereon. If the debate should extend beyond one session day, he shall be entitled to an additional fifteen (15) minutes to close.

SECTION 5. DECORUM TO OPEN AND CLOSE DEBATE. — In all cases, the member who has obtained the floor shall confine himself to the question under debate, avoiding personalities. He shall refrain from uttering words or performing acts which are inconsistent with decorum.

It is required that a member be called for words spoken in debate, the member making such request shall indicate the words expected to, and they shall be taken down by the Secretary and read aloud. The member who uttered such words shall not be held to answer, not subject to censure by the Sanggunian if further debate or other business may intervene.

SECTION 6. CONDUCT DURING SESSION. — During the session, the members shall be in Formal Attire and observe proper decorum, otherwise, non-compliance will be fined FIFTY (P-50.00) PESOS for council member and ONE HUNDRED (P-100.00) PESOS for the Presiding Officer.

While the Presiding Officer is addressing the Sanggunian or putting the question, no member shall walk out or cross the session hall. Official start time on regular session shall be Nine (9:00) o’clock in the morning. Latecomers shall be fined P-50.00 and absent P-200.00.

Proceeds/deductions out of the penalty shall be collected by the Secretary on the first week of the following month, and these shall be spent on what is best for the council upon approval by majority. Sanggunian members who are deemed cause willful absence for reason of evasion during verified case hearing, where Sangguniang Bayan majority decision is mandatory, be meted one week pay deductions (5 days) unless such absence falls on the official leave, dates previously applied before a particular case was deliberated.



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SECTION 7. DISCIPLINE OF MEMBERS. — The Sanggunian may punish the members for disorderly behavior and, with the concurrence of the two thirds (2/3) of all its members, suspend or exclude from the session a member; but, if the penalty is suspension, this shall not exceed sixty (60) days.

For four (4) consecutive absences, the provision in RA 7160, Sec. 50 b-5 shall be applied.

RULE XII - VOTING AND MOTIONS

SECTION 1. A TIE ON AN APPEAL. — A tie vote on an appeal from the ruling of the chair sustains the decisions of the Chair.

SECTION 2. WHO MAY VOTE. — When a motion, report at proposed measures are adopted or lost, it shall be in order for a member who votes with the majority to vote for the reconsideration thereof on the same on succeeding session day. Such motion shall take precedence over all other question, except a motion to adjourn, to raise a question of privilege and a call to order.

SECTION 3. RECORDING OF MOTIONS. — Every motion shall be entered in the Minutes with the name of the member making it, unless it is withdrawn on the same day.

SECTION 4. READING AND WITHDRAWAL OF MOTIONS. — When a motion is made, the Presiding Officer shall restate it before being debated. Except as herein otherwise provided, a motion may be withdrawn any time before its approval or amendments.

SECTION 5. PRECEDENCE OF MOTIONS. — When a question is under debate, no motion shall be entered except to adjourn, raise a question or privilege, declare a recess, a lay on the table or postpone to a certain day (which motion shall be decided without being debated) refer, amend or postpone indefinitely (which motion shall be decided subject to the five-minute rule). Said motions precedence are in the foregoing order. No motion to postpone to any day certain, or refer or postpone to any day certain, or refer or postpone indefinitely, having failed passage, shall again be allowed on the same day.

SECTION 6. AMENDMENTS. — When a motion or proposition is under consideration, a motion to amend that amendment shall be in order. It shall also be in order to offer further amendments by substitution, but it shall not be voted upon until the original motion or proposition is perfected. Any of the said amendments may be withdrawn before a decision is heard thereon.

SECTION 7. RIDER PROHIBITED. — No motion or proposition on a subject matter different from that under consideration shall be allowed under color of amendments.

SECTION 8. MOTION TO COVER ONE SUBJECT MATTER. — No motion shall cover more than one subject matter.

SECTION 9. AMENDMENT OF TITLE. — Amendments to the title of a proposed ordinance or resolution shall not be in order until after the next thereof has been perfected. Amendments to the title shall be decided without debate.



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SECTION 10. CALL TO ORDER. — A motion to read any part of the rule is equivalent to a call to order and takes precedence over any motion other than to adjourn.

SECTION 11. QUESTION OF PRIVILEGE. —

Question of Privilege are:a. Those affecting the rights of the Sanggunian, its safety, dignity and the

integrity of its members; andb. Those affecting the rights, reputation and conduct of the members

individually in their capacity as members.

Subject to the five-minute rule, question of privilege shall have precedence over all other question, except a motion to adjourn.

SECTION 12. PRIVILEGE QUESTION. — Privilege questions are those motion or subject matters which are under the rules, takes precedence over motion and subject matters.

RULE XIII-SUSPENSION OF THE RULES

SECTION 1. WHO CAN MOVE. — Only the chairman or vice chairman of the committee on Rules can move for the suspension of the rules. But in the absence of the Chairman and Vice Chairman, the members can also move for the suspension of the rules.

SECTION 2. VOTE REQUIRED. — No rule shall be suspended except by a vote of the two thirds (2/3) of the members, a quorum being present.

SECTION 3. INTERRUPTION OF MOTIONS. — When a motion to suspend the rule 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 4. EFFECT OF SUSPENSION. — If the Sanggunian vote to suspend the rules, it shall forthwith proceed to consider the measures. A two thirds (2/3) vote of the members present shall be necessary for the passage of the said measure, a quorum being present.

RULE XIV-OFFICIAL SEAL

SECTION 1. OFFICIAL SEAL. — The seal of the Sangguniang Bayan of Banaybanay, Davao Oriental shall be same as the Office of the Mayor.

RULE XV- AMENDMENTS

SECTION 1. AMENDMENTS. — Any portion of these rules may be amended by a majority vote of all the Sangguniang Bayan members.



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RULE XVI-EFFECTIVITY

SECTION 1. EFFECTIVITY. — These rules shall take effect on the date of their adoption.



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13th Council Internal Rules

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