Republic of the PhilippinesProvince of Agusan del Norte

City of Cabadbaran~o0o~

Barangay La Union

OFFICE OF THE SANGGUNIANG BARANGAY

PRESENT: Hon. Ernesto M. Racaza, Jr., Barangay Captain/Presiding OfficerHon. Josefino D. Ladao, Barangay KagawadHon. Fatima U. Deligero, Barangay KagawadHon. Rodelio J. Ricaforte, Barangay KagawadHon. Violeta N. Camarin, Barangay KagawadHon. Fidel D. Cuarenta, Barangay KagawadHon. Isabelita M. Maceda, Barangay KagawadHon. Ludovico G. Labrador, Barangay KagawadHon. Michael D. Catian, Barangay Kagawad /SK Chairman

ABSENT: None.Ex. Hon. Michael D. Catian, Barangay Kagawad /SK Chairman (on leave )

Hon. Ludovico G. Labrador, Barangay Kagawad ( on official business-Cabadbaran City)

BARANGAY RESOLUTION NO. 2010-001

A RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG BARANGAY OF LA UNION, CITY OF CABADBARAN, AGUSAN DEL NORTE

WHEREAS, the Sangguniang Barangay of La Union, City of Cabadbaran, Province of Agusan del Norte is one of the basic political unit of the country, existing and operating pursuant to the laws of the Republic of the Philippines;

WHEREAS, the Sangguniang Barangay is conducting regular sessions/special sessions/meetings/conferences/assemblies to discuss matters pertaining to the development of the barangay and the welfare of its constituents thus it is proper to establish Rules of Procedure as its guide;

NOW THEREFORE

BE IT RESOLVED, by the Sangguniang Barangay of La Union, City of Cabadbaran, Province of Agusan del Norte in its Inaugural Session assembled, to adopt the following:

RULE IORGANIZATION

SECTION 1. NAME - The Sangguniang Barangay of La Union, City of Cabadbaran, Agusan del Norte shall serve as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community,

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and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled.

SECTION 2. COMPOSITION - The Sangguniang Barangay of La Union, City of Cabadbaran shall be composed of a Punong Barangay as the Presiding Officer, a duly elected seven (7) Sangguniang Barangay Members, and a Sangguniang Kabataan Chairman.

There shall also be a Lupong Tagapamayapa. The Sangguniang Barangay may form community brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the barangay government in accordance with the needs of public service, subject to the budgetary limitations on personal services prescribed under Title Five, Book II of the Local Government Code of 1991.

SECTION 3. TERM OF OFFICE - The term of office of the Members of the Sangguniang Barangay shall be for the whole duration of the period provided by law unless sooner terminated for causes recognized by law.

SECTION 4. OATH OF AFFIRMATION - All Members of the Sangguniang Barangay shall upon assumption to office take an Oath of Affirmation in the prescribed form, duly subscribed before a person authorized to administer oath.

Copies of the Oath of Affirmation shall be preserved in the Office of the Sangguniang Barangay.

SECTION 5. LEAVE OF ABSENCE - The Punong Barangay shall be the regular Presiding Officer of the Sangguniang Barangay.

In the event of his inability or absence to act as a Presiding Officer, the Punong Barangay shall designate an Acting Presiding Officer or in the absence of such designation, the Sangguniang Barangay Members present shall constitute a quorum and may elect among themselves a Temporary Presiding Officer in a temporary capacity.

SECTION 6. STANDING COMMITTEES - The Members of the Sangguniang Barangay shall organize themselves into regular committees to secure the efficient and effective discharge of their legislative functions.

Each Committee shall be composed of three (3) Members of the Sangguniang Barangay, including the Chairman.

RULE II

POWERS, DUTIES AND FUNCTIONS

SECTION 1. POWERS, DUTIES AND FUNCTIONS OF THE PUNONG BARANGAY/PRESIDING OFFICER:

(a) The Punong Barangay, as the Chief Executive of the Barangay Government, shall exercise such powers and perform such duties and functions, as provided by the Local Government Code of 1991 and other laws.

(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, the Punong Barangay shall:

(1) Enforce all laws and ordinances which are applicable within the barangay;

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(2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the Sangguniang Barangay;

(3) Maintain public order in the barangay and, in pursuance thereof, assist the City Mayor and the Sanggunian Members in the performance of their duties and functions;

(4) Upon approval by a majority of all the Members of the Sangguniang Barangay, appoint or replace the Barangay Treasurer, the Barangay Secretary, and other appointive Barangay Officials;

(5) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay;

(6) In coordination with the Barangay Development Council, prepare the annual executive and supplemental budgets of the barangay;

(7) Approve vouchers relating to the disbursement of barangay funds;

(8) Enforce laws and regulations relating to pollution control and protection of the environment;

(9) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of the Local Government Code of 1991;

(10) Exercise general supervision over the activities of the Sangguniang Kabataan;

(11) Ensure the delivery of basic services as mandated under Section 17 of the Local Government Code of 1991;

(12) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports now DepEd;

(13) Promote the general welfare of the barangay; and

(14) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

(c) In the performance of his peace and order function, the Punong Barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations.

(d) In addition, the Punong Barangay as the Presiding Officer, shall:

(1) Call and preside over the sessions of the Sangguniang Barangay and the Barangay Assembly, and vote only to break a tie;

(2) Preserve order and decorum during the entire proceeding, and, in case of disturbance disorderly conduct in the Session Hall or within the premises, take measures as he may deem necessary or as the Sanggunian may direct;

(3) Promote the expeditious and orderly conduct of the legislative process, and, in the course of steering the proceedings, render brief remarks to clarify questions and issues pending deliberation without expressing his stand thereon;

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(4) Decide pending questions subject to appeal by any Member of the entire Body in session whose ruling on appeal shall be final;

(5) Sign all acts, ordinances, resolutions, memorials, writs and subpoena issued by or upon the order of the Sanggunian;

(6) Declare the Session adjourned to some other time and place with due notice to all members in case of fire, riots, serious disorders and other emergencies;

(7) Designate a Member of the Sanggunian to perform the duties of the Chair, provided, however, that such designation shall not exceed one (1) session day;

(8) Act as the Chief Executive of the Sangguniang Barangay and exercise such administrative functions and powers attached to his office, including the power to approve leave of absence, travel of personnel and Members in the Sangguniang Barangay, and sign all warrants drawn in the Barangay Treasury for all expenditures appropriated for the Sanggunian.

SECTION 2. POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIANG BARANGAY –

(A) The Sangguniang Barangay, as the legislative body of the barangay, shall:

(1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein;

(2) Enact tax revenue ordinances, subject to the limitations imposed in the Local Government Code of 1991;

(3) Enact annual and supplemental budgets in accordance with the provisions of the Local Government Code of 1991;

(4) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose;

(5) Submit to the Sangguniang Panlungsod such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof;

(6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents;

(7) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof;

(8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from national, provincial, city or municipal funds; and monies from other private agencies and individuals: Provided, however, That monies or properties donated by private

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agencies and individuals for specific purposes shall accrue to the barangay as trust fund;

(9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to barangays and to barangay residents: Provided, however, That in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes;

(10) Provide compensation, reasonable allowances or per diems as well as travel expenses for sangguniang barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of the Local Government Code of 1991: Provided, however, That no increase in the compensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase;

(11) Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite: Provided, finally, That said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund-raising activity was undertaken;

(12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the provisions of the Local Government Code of 1991;

(13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the barangay;

(14) Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of barangay ordinances;

(15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagkasundo;

(16) Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary;

(17) Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government;

(18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay;

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(19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age;

(20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency;

(21) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law;

(22) Provide for the establishment of a non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports now DepEd;

(23) Provide for the delivery of basic services; and

(24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

(B) Other Duties of Sangguniang Barangay Members - In addition to their duties as members of the sangguniang barangay, sangguniang barangay members may:

(1) Assist the punong barangay in the discharge of his duties and functions;

(2) Act as peace officers in the maintenance of public order and safety; and

(3) Perform such other duties and functions as the punong barangay may delegate.

SECTION 3. BARANGAY SECRETARY: APPOINTMENT, QUALIFICATION, POWERS AND DUTIES –

(a) The barangay secretary shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay secretary shall not be subject to attestation by the Civil Service Commission.

(b) The barangay secretary shall be of legal age, a qualified voter and an actual resident of the barangay concerned.

(c) No person shall be appointed barangay secretary if he is a sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity of affinity.

(d) The barangay secretary shall:

(1) Keep custody of all records of the sangguniang barangay and the barangay assembly meetings;

(2) Prepare and keep the minutes of all meetings of the sangguniang barangay and the barangay assembly;

(3) Prepare a list of members of the barangay assembly, and have the same posted in conspicuous places within the barangay;

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(4) Assist in the preparation of all necessary forms for the conduct of barangay elections, initiatives, referenda or plebiscites, in coordination with the COMELEC;

(5) Assist the city civil registrar in the registration of births, deaths, and marriages;

(6) Keep an updated record of all inhabitants of the barangay containing the following items of information: name, address, place and date of birth, sex, civil status, citizenship, occupation, and such other items of information as may be prescribed by law or ordinance;

(7) Submit a report on the actual number of barangay residents as often as may be required by the sangguniang barangay; and

(8) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

In addition, the Barangay Secretary shall:

(9) Attend meetings of the Sangguniang Pambarangay;

(10) Keep the Minutes of the sessions which shall contain the exact hour of the opening and adjournment of the session;

(11) Record in a book kept for the purpose all Ordinances and Resolutions enacted or adopted by the Sanggunian with the dates of enactments and publication;

(12) Endorse to the appropriate committees matters referred by the Body for study, investigation and recommendation within the first hour of the next working day after the adjournment of the session;

(13) Forward to the Office of the Sangguniang Panlungsod for appropriate action Barangay Ordinances and Barangay Resolutions approving Annual Investment Plan of the barangay.

(14) Keep and affix the Sangguniang Barangay Seal on all Ordinances and Resolutions signed by the Punong Barangay or approved by operation of laws, or Resolutions enacted or adopted by the Sanggunian;

(15) Attest to all Ordinances and Resolutions approved by the Sangguniang Barangay;

(16) Translate into the dialect used by the majority of the people of the barangay all ordinances and resolutions immediately after their approval, and have the translation posted, together with the original, at the main entrance of the Barangay Hall and in two (2) other conspicuous public place in the areas;

(17) Submit to the Punong Barangay at the end of every month a Report and Petitions, Measures, Resolutions or Ordinances that have been taken up or passed First Reading, Second Reading, Third Reading, and furnish copies of the Report to all Members of the Sangguniang Barangay for their information and guidance;

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(18) Furnish certified copies, whenever requested, of all records and documents in his charge not otherwise classified as confidential upon payment to the Barangay Treasury of the fees prescribed by the Ordinance;

(19) Keep in his office all records therein which are not of confidential characters open to public inspection during the usual business hours;

(20) Act as the Custodian of the Sanggunian Library or Archives, if any, and annually account for the properties therein; and

SECTION 4. BARANGAY TREASURER: APPOINTMENT, QUALIFICATION, POWERS AND DUTIES –

(a) The barangay treasurer shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay treasurer shall not be subject to attestation by the Civil Service Commission.

(b) The barangay treasurer shall be of legal age, a qualified voter, and an actual resident of the barangay concerned.

(c) No person shall be appointed barangay treasurer if he is a sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity.

(d) The barangay treasurer shall be bonded in accordance with existing laws in an amount to be determined by the sangguniang barangay but not exceeding Ten thousand pesos (P10,000.00), premiums for which shall be paid by the barangay.

(e) The barangay treasurer shall:

(1) Keep custody of barangay funds and properties;

(2) Collect and issue official receipts for taxes, fees, contributions, monies, materials, and all other resources accruing to the barangay treasury and deposit the same in the account of the barangay as provided under Title Five, Book II of the Local Government Code of 1991;

(3) Disburse funds in accordance with the financial procedures provided in the Local Government Code of 1991;

(4) Submit to the punong barangay a statement covering the actual and estimates of income and expenditures for the preceding and ensuing calendar years, respectively, subject to the provisions of Title Five, Book II of the Local Government Code of 1991.

(5) Render a written accounting report of all barangay funds and property under his custody at the end of each calendar year, and ensure that such report shall be made available to the members of the barangay assembly and other government agencies concerned;

(6) Certify as to the availability of funds whenever necessary;

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(7) Plan and attend to the rural postal circuit within his jurisdiction; and

(8) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

SECTION 5. OTHER APPOINTIVE OFFICIALS - The qualifications, duties, and functions of all other barangay officials appointed by the punong barangay shall be governed by the provisions of the Local Government Code of 1991 and other laws or by barangay ordinances.

SECTION 6. POWERS AND FUNCTIONS OF THE STANDING COMMITTEES - The Standing Committees shall study, inquire, investigate, evaluate, report and propose measures on matters falling or connected the assigned subject or jurisdiction, as prescribed hereunder:

3.1 Committee on Rules - All matters relating to rules of the Sanggunian, its revisions, if any, the Order of Business, the preparation of the Agenda of every session including referrals and inclusion of urgent matters as well as the smooth proceedings of the session thereof.

3.2 Committee on Appropriation, Budget and Finance - All matters relating to budget and finance, monetary and fiscal matters, and appropriation, allocation, distribution and management of funds and resources of the Barangay.

3.3 Committee on Ways and Means - All matters relating to taxation, raising funds, maximizing revenues and resources, and appropriate imposition of fees, rentals and other revenue related measures for public interest.

3.4 Committee on Agriculture and Livelihood - All matters relating to the promotion of agriculture, farming and fishery and particularly measures on the utilization and conservation of such resources and promotion of the measures that will improve and promote livelihood to every individual, group or association in the pursuit of enhancing economic growth.

3.5 Committee on Environment and Natural Resources - All matters relating to measures for the protection of the environment as-well-as the appropriate management of our natural resources to promote ecological balance and integrity.

3.6 Committee on Public Works, Infrastructures, Barangay Property, Barangay Planning, Zoning, Land Use and Human Settlements - All matters relating to planning, constructions, maintenance, improvements, repairs of public buildings, highways, roads, bridges, ports, parks, monuments, playgrounds and other public edifices, drainage, sewerage, flood control/protection, irrigation and water utilization.

All measures that provide access to land and housing by the under-privileged and homeless constituents and all those related to the rational use and development of public land.

3.7 Committee on Education and Culture - All matters relating to upgrade the quality of education, promotion and preservation of culture and heritage as-well-as the development.

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3.8 Committee on Laws, Resolutions and Ordinances - All matters relating to the implementation of national laws, issuances and enforcement of City/Barangay Ordinances and all matters pertaining to laws.

3.9 Committee on Health and Nutrition - All matters relating to health, including measures to upgrade medical services of the Barangay Health Center.

3.10 Committee on Social Welfare, Women, Family and Elderly - All matters related to public and social welfare and ameliorative services; public and social services for the disadvantaged, groups including the elderly, the disabled, street children, drug dependents, criminal offenders as-well as relocation and resettlement of squatters.

3.11 Committee on Commerce, Trade and Industry - All matters relating to establishment/operation of all kinds of trade and industry.

All measures that affect commerce, trade and industry.

Incentives to promote commerce, trade and industry.

Protection of such commerce, trade and industry against unlawful restraint and monopolies.

All matters related to commerce, trade and industry.

3.12 Committee on Transportation, Information and Communication - All matters relating to planning and modernization of transportation and information technologies; and installation and construction of telecommunication facilities.

3.13 Committee on Public Order and Safety - All matters relating to police matters, maintenance of peace and order, protective services, traffic rules and regulations, fire prevention and control measures and jail management.

Measures to protect the Barangay and its residents against nature and man-made calamities.

3.14 Committee on Good Government, Ethics, Social Justice and Human Rights - All matters relating to policy formulation for the economical, efficient and effective local government administration. Conduct ethical standards for barangay officials and appointed workers of the barangay, prevention of human rights violation and all other matters related to good governance, ethics, social justice and human rights.

3.15 Committee on Purok Affairs - All matters relating to the welfare of the puroks, particularly measures to promote the puroks as a channel for people’s participation in public affairs.

3.16 Committee on Youth, Sports Development and Drug Abuse Prevention - All matters relating to the welfare of the youth, upgrading the quality of sports program and facilities as-well-as to prevent drug abuse in the barangay.

RULE IIISESSIONS

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SECTION 1. SESSION DEFINED - The session is the official meeting of the Sanggunian where it performs its functions, duties and responsibilities as provided by law.

SECTION 2. REGULAR SESSION - Unless provided otherwise, the Regular Session of the Sanggunian shall be held every 1st and 2nd Wednesday of the month and shall be at one o’clock (1:00) in the afternoon.

Notice shall be served personally at the member’s usual place of residence at least twenty four (24) hours before the scheduled Regular Session.

SECTION 3. SPECIAL SESSION - When public interest so demands, Special Session may be called by the Punong Barangay or by a majority of the Members of the Sanggunian. or by the members of the Sanggunian upon concurrence of 2/3 votes of all members present.

Notice shall be served personally at the member’s usual place of residence at least twenty four (24) hours before the scheduled Special Session.

SECTION 4. VENUE - The session of the Sangguniang Barangay shall be held at the Official Session Hall or in such other place as may be designated or agreed upon by majority of the Members.

SECTION 5. ATTENDANCE - It shall be the duty of the Sangguniang Barangay Members to be present in all sessions, unless expressly excluded by the Body or necessary prevented from attending due to health and other valid reasons as duly reported to the Barangay Secretary.

SECTION 6. OPEN TO PUBLIC - Sessions of the Sangguniang Barangay or meetings of its committees shall be open to the public unless otherwise restricted by a majority vote of the members present, there being a quorum, for reasons of security, decency, morality or other compelling grounds.

RULE IVQUORUM

SECTION 1. QUORUM - A majority of all Members of the Sangguniang Barangay duly elected and qualified in accordance with law shall constitute a quorum to transact official business. In the determination of a quorum to do business, the Punong Barangay shall be counted as member.

Other interpretations to the contrary notwithstanding, the term “elected and qualified” shall be construed to include not only the regular members but also the “ex-officio” members of the Sangguniang Barangay.

In computing the presence of a quorum specifically, the term “majority” shall be based on the actual membership or incumbents in the Sanggunian which shall EXCLUDE the following:

A member who is abroad or on official leave of absence; A deceased member and A member who has been suspended or expelled or removed by final

judgment.

When a question is raised on the existence of a quorum, the Presiding Officer shall forthwith proceed to call the roll of the Members and announce the results.

SECTION 2. ABSENCE OF QUORUM - Where there is no quorum, the Presiding Officer may declare a recess or a majority of the members present may adjourn from day to day and or from time to time within a session day until a quorum is

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constituted. The Presiding Officer may, with the assistance of the Philippine National Police, cause the arrest and appearance of any Member who is absent without any justifiable reason.

RULE VORDER AND CALENDAR OF BUSINESS

SECTION 1. ORDER OF BUSINESS - The Order of Business of the Sangguniang Barangay in every Regular Session shall be as follows:

a. Call to Orderb. Invocationc. Singing of the Philippine National Anthemd. Roll Calle. Reading, Amendments and Approval of the Minutes of the Previous

Sessionf. Reading of Matters for Informationg. Inclusions, Amendments and Approval of the Agendah. Question Houri. Privilege Hour (Special Report)j. First Reading and Referral to Committees

(of Proposed Ordinances, Resolutions, Messages, Communications, Petitions and others)

k. Committee Reportsl. Second Reading

(Calendar of Business) Unfinished Business Business for the Day Unassigned Business

m. Third and Final Reading n. Other Matterso. Adjournment

SECTION 2. APPROVAL OF THE MINUTES - The Minutes of every preceding session shall be submitted to the Body for approval and which may be approved by a majority vote on motion of the Chairman or, in his absence, any Member of the Committee on Rules without need of a second.

SECTION 3. MATTERS FOR INFORMATION - Items of special interest to the Body shall be listed and read by the Secretary for the information of the Sanggunian Members.

Items under Matters for Information, may be included by the Committee on Rules in the Agenda of the next Regular Session upon oral request of any Sanggunian Member.

SECTION 4. INCLUSIONS, AMENDMENTS AND APPROVAL OF THE AGENDA - The Chairman or, in his absence any Member of the Committee on Rules, may move, without need of a second, for the inclusion of any urgent measures as defined in Section 13 Rule 6 hereof in the calendar for First Reading or under the Unassigned Business, whichever is proper.

By majority vote of the Members present, any item in the Agenda may be amended.

After the inclusion and or amendment, if any, the Body shall proceed to the approval of the Agenda on motion of the Chairman or in his absence, any Member of the Committee on Rules without need of a second.

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SECTION 5. QUESTION HOUR - A Member who intends to render a Special Report or Privilege Speech shall notify the Committee on Rules in writing, particularly stating thereon the subject matter and furnishing a copy thereof not later than twelve o’clock (12:00) noon on Monday preceding Wednesday, the regular session day.

SECTION 6. PRIVILEGE HOUR (SPECIAL REPORTS) - Any Sanggunian Member may deliver a Special Report or Privilege Speech on matters involving the status and honor of the Sangguniang Barangay or its Members as-well-as issues affecting public interest.

SECTION 7. CALENDAR OF BUSINESS - The Calendar of Business shall consist of the following parts:

a) Unfinished Business - Matters being considered by the Body during the previous session but not disposed with or acted upon by reason of adjournment.

b) Business for the Day (Second Reading and Discussion) - Proposed Resolutions or Ordinances drafted out or indorsed by the Committees for the Agenda under Second Reading for discussion/ approval by the Body.

Matters certified URGENT by the Members may be considered for Second Reading with or without the accompanying draft Resolution or Ordinance.

c) Unassigned Business - Proposal and measures filed with the Committee on Rules by the Committees concerned not calendared earlier but taken out for consideration by the Body during the approval of the Agenda for the day.

SECTION 8. DISTRIBUTION OF AGENDA - The Agenda shall be distributed to each Sanggunian Member on or before Tuesday. Each shall include copies of the proposed measures, endorsements and pertinent documents.

RULE VITHE LEGISLATIVE PROCESS

SECTION 1. ORDINANCES AND RESOLUTIONS - Legislative measures which are of general and permanent in character shall be enacted in the form of an Ordinance; those of temporary in character shall be passed in the form of a Resolution classified as follows:

a) Barangay Resolutions – Are legislative actions which are temporary in nature. They do not require the approval of the Office of the Sangguniang Panlungsod such as those which involve purely internal working and operations of the Sangguniang Barangay, commendations, memorials, expressions of the collective sentiment or stand of the Sanggunian on political, economic, social and other related issues and matters;

b) Barangay Ordinances – Are legislative actions which are permanent in nature. They require approval from the Office of the Sangguniang Panlungsod, such as those which approve local development plans or public investment programs or appropriating public funds or those establishing policies and programs and those which involves taxations in the barangay.

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SECTION 2. FILING OF MEASURES - A Proposed Ordinance or Resolution shall be in writing and shall be filed at the Committee on Rules in which the Chairman shall assign a corresponding filing number thereof and include it in the Agenda of the session, if among others, the measure is filed on or before the session, it must be submitted on or before twelve o’clock (12:00) noon of every 1st and 2nd Wednesday of the month.

The proposed measure shall contain title or caption, ordaining or resolutory clause, date of proposed effectivity, and signed by the Author(s).

In case of an Ordinance, it may be accompanied by a brief explanatory note of the purpose of its enactment.

SECTION 3. FIRST READING AND REFERRAL TO COMMITTEES - All original proposed measures shall undergo on First Reading.

After the reading of the titles they shall be referred to the appropriate committee designated by the Committee on Rules without discussion.

Messages, communications, proposals, petitions, and related matters hereinafter referred to as “communication” may likewise be calendared on First Reading and referred to the appropriate committee designated by the Committee on Rules for study and recommendation.

SECTION 4. COMMITTEE REPORTS - Subject to Section 15, Rule 6 hereof, the Committees shall submit written Reports on matters referred to them for study, investigation and recommendation within fifteen (15) days from referral.

The Committee Report shall contain the following:

a) Name of the Committeeb) Date of Reportc) Committee Report Number d) Committee Referral Numbere) Addressee: The Honorable Presiding Officer and the Sangguniang Barangay Membersf) Subject of Reportg) Attendanceh) Brief but comprehensive minutes of the committee proceedings, citing

concerned persons, place and things and/or committee actions. i) Findings and Recommendation/sj) Signatures of the Committee Members and the name and the number of

the Committee Members who voted for or against the matter under study or who dissented there from citing his negative stand.

No Report shall be included in the Order of Business unless signed by the majority of the Members of the Committee.

A maximum of fifteen (15) - day period is given to the Committee to render its Committee Report of the referred item.

The Committee Report shall be read by the Committee Chairman and shall be adopted or accepted by the Body as part of the records upon motion of the Committee Chairman or any of its Members without any debate on the merits.

After the adoption of the Committee Report, the Committee on Rules may calendar the proposed measure or the legislative action on the next session under the Second Reading.

A Committee Member who disagrees in the decision of the other Committee Members may write and submit a dissenting Committee Report.

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During the deliberation, such dissenting Member may argue against the view of the majority of the Committee Members.

Failure to submit a Committee Report after the maximum fifteen (15) -day period, the Committee on Rules shall calendar it in the Agenda as due report under Committee Reports even without written Report is filed therewith.

SECTION 5. SECOND READING - No proposed Ordinance or Resolution shall be calendared for Second Reading unless reported out by the concerned Committees and certified by the Committee on Rules.

SECTION 6. PRESENTATION - The Committee Chairman or the principal Author or any Member as recognized by the Presiding Officer shall read the text of the proposed Resolution or Ordinance including amendments proposed by the Committee.

If copies of the proposed measures have been distributed earlier to the Sanggunian Members, the reading of the text may be dispensed with upon proper motion of the Chairman, or in his absence, any Member of the Committee on Rules.

If the Committee Report of an original proposed measure is favorable, said original proposed measure shall be calendared for Second Reading and its principal Author shall move for its approval.

If the subject of the Committee Report is a communication, the accompanying proposed resolution approving or disapproving said communication shall be calendared for Second Reading and the Chairman, or in his absence, any Member of the Committee concerned, shall move for its approval.

The Committee Chairman or the principal Author of an original proposed measure as the case may be shall deliver of a brief sponsorship speech in favor for its approval.

This right may be waived by the Author or Committee Chairman in favor of the Sanggunian Member who desires to speak for approval of the measure.

SECTION 7. INTERPELLATION - After the measure has been presented for adoption, any Sanggunian Member may interpellate or raise clarificatory questions to the principal Author(s) or proponent of the proposed measure.

The Secretary shall prepare copies of the measure in its final form for distribution to the Members at least one (1) day before the Third Reading or final passage.

SECTION 8. DEBATE AND DISCUSSION - After the interpellation, the Sanggunian Members who are against the adoption and those who are in favor shall be allowed to speak alternately.

In no case shall any Member be allowed to speak more than twice on the same subject unless otherwise allowed by the Presiding Officer for valid reasons.

No Members shall be allowed to speak out more than five (5) minutes at one instance.

SECTION 9. CLOSURE OF DEBATE - After the delivery of speeches, two (2) against and two (2) in favor of the measure, a motion to close debate or discussion shall be in order.

If no objection to the adoption of the proposed measure has been registered, any Member immediately close to move discussion.

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When the subject matter has been sufficiently and thoroughly discussed, the Presiding Officer motu propio or upon proper motion, direct any Member to desist from speaking further.

SECTION 10. NO SUSPENSION OF THE RULES - During the deliberation on Committee Report or any proposed measure on Second Reading, no suspension of the rules shall be allowed.

SECTION 11. AMENDMENTS - After the close of discussions or debate, the Body shall proceed to consider the amendments proposed by the Committee concerned or by any Member.

SECTION 12. APPROVAL ON SECOND READING - At this stage, any proposed Ordinance or Resolution that have already been reported out by the concerned Committee and has been calendared by the Committee on Rules on Second Reading may be sponsored by the Reporting Committee Chairman or any Committee Member designated for that purpose.

Since every Member of the Sanggunian is supposed to have been furnished a copy therefore, the proposed Ordinance may no longer be read in full unless the sponsoring Committee or the Sanggunian itself decide otherwise.

After the usual sponsorship speech has been delivered, the proposed Ordinance shall be subjected to the following:

period of debate period of amendments approval on Second Reading

After the amendments have been acted upon, the Proposed Ordinance or Resolution shall be read by the Author and thereafter voted upon if there is an objection.

If no amendments have been introduced the proposed measure shall be approved immediately on Second Reading.

SECTION 13. APPROVAL ON THIRD READING - On Third Reading, no amendments to the proposed measure shall be allowed except to rectify clerical errors, to conform to amendments adopted on Second Reading, or to enhance the language and style.

The Barangay Secretary shall read the Ordinance by its Number, Title and the Name of its Author; Co-Authors; Sponsor and Co-Sponsors, if there is any; Movant; and Seconder.

Immediately thereafter, the Presiding Officer shall put the Ordinance to a vote. Voting shall be by viva-voce.

The Presiding Officer shall then formally announce the result thereof and directs the Secretary to enter it in the record.

SECTION 14. URGENT MEASURES - Any measure personally certified by the Members of the Sangguniang Barangay as URGENT on any ground may be immediately considered by the Body for discussion by a two-third (2/3) votes of the Members present on motion of the Chairman, or in his absence any Member of the Committee on Rules, without need of suspending the rules.

By a two-third (2/3) votes of the Members present, the Body on motion of the Chairman, or in his absence, any Member of the Committee on Rules, may also certify a proposed measure as URGENT to respond to public calamity or emergency or extraordinary need thereby warranting its immediate consideration and suspension of the Rules.

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Any proposed resolution calling for an investigation in aid of legislation shall be immediately considered by the Body without need of referring it to a Committee.

The Chairman of the Committee on Rules shall simply move for the suspension of the Rules for the immediate discussion of such measure on Second Reading and such motion does not need any second and shall be non-debatable.

SECTION 15. LEGISLATIVE MEASURES AND EXECUTIVE ACTS -

The Sangguniang Barangay may seek and consider the legal opinions from the appropriate authorities.

Within one (1) hour from receipt, the Barangay Secretary shall forward a Proposed Ordinance or Resolution to the Punong Barangay for his study and recommendation.

Within twenty-four (24) hours from receipt, the Punong Barangay, if he finds it appropriate, shall transmit such Ordinance or Resolution to the Committee on Rules for proper action.

The Committee on Rules shall then take action thereon pursuant to the procedure mentioned in Section 2, Rule VI hereof.

Within twenty-four (24) hours from the time the Committee on Rules decides to refer the Proposed Ordinance or Resolution to an appropriate Committee, the Barangay Secretary shall transmit one (1) copy thereof to the Office of the Sangguniang Panlungsod or to the City Legal Officer, as the case may be for his legal opinion.

In the process of interpellation, the principal Author(s) may request any co-sponsor to answer the clarificatory questions.

SECTION 16. APPROVAL OF PROPOSED MEASURE BY THE BODY - Every Ordinance or Resolution shall be valid only if approved by a majority vote of the Sanggunian Members present, excluding the Presiding Officer, unless a higher number of votes are required.

Voting may be by viva voce or by raising of hands. Upon motion by any Member or upon the discretion of the Presiding Officer, nominal voting may be allowed where a Member may explain his vote for not more than two (2) minutes. (VI.15)

Abstentions. Indubitably, a Member of this Sanggunian is representing the people and not necessarily his own self, therefore he should be required to take a stand one way or the other, on every issue or measure submitted for decision of this August Body.

Hence, it is hereby declared as a general rule that no Member of this Sanggunian shall abstain from voting, except he has a direct or personal pecuniary interest.

Abstention shall not be considered in computing the majority vote. Since abstention is not a vote it does not count either way.

Mere silence and abstention are not equivalent to affirmative vote nor of negative vote.

Majority. The term majority means one-half plus one (1/2 + 1) of the total votes cast by the members present there being a quorum.

SECTION 17. ENFORCEMENT OF DISAPPROVED MEASURES - Any willful attempt to enforce, promulgate or execute any Ordinance or Resolution after the

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disapproval thereof shall be sufficient ground for the suspension or dismissal of the official or personnel making such attempt.

SECTION 18. EFFECTIVITY OF ORDINANCES AND RESOLUTIONS - The effectivity of Ordinances and Resolutions shall be governed by Article 113 of the Rules and Regulations implementing the Local Government Code of 1991.

SECTION 19. POSTING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS - Ordinances and Resolutions shall be posted or published pursuant to Article 114 of the Rules and Regulations Implementing the Local Government Code of 1991.

RULE VIIDECORUM AND DISCIPLINE

SECTION 1. MANNER OF ADDRESSING THE CHAIR - When a Sanggunian Member desires to speak during the proceedings, he shall rise and respectfully address the Chair, “Mr. Chairman” or “Mr. Presiding Officer”.

SECTION 2. RECOGNITION OF MEMBER TO SPEAK - The Sanggunian Member shall not proceed to speak until recognized by the Presiding Officer. (VII.1)

When two or more members rise at the same time, the Presiding Officer shall determine who shall be allowed to speak first.

SECTION 3. ATTIRE DURING SESSION - During sessions, the Sanggunian Members shall wear their proper uniform.

SECTION 4. CONDUCT DURING SESSION - Every Sanggunian Member shall observe proper decorum during sessions.

Cellphones and other similar gadgets shall be put on a silent mode during the proceedings.

SECTION 5. DECORUM DURING DEBATE - During debate or discussion, every Sanggunian Member shall confine himself to the issue under consideration, avoid personal attacks or character assassination, and refrain from uttering words or performing acts inconsistent with the dignity of the proceedings.

Any improper utterances during the proceedings, when objected to upon proper motion, may be stricken off the record and may constitute a ground for disciplinary action.

SECTION 6. LANGUAGE REQUIREMENT - The official language during proceedings of the Sangguniang Barangay shall either be English, Filipino or Visayan.

During Privilege Hour, any Sanggunian Member may speak in the local dialect.

SECTION 7. SMOKING PROHIBITION - Smoking shall not be permitted inside the Session Hall before, during and after the proceedings.

SECTION 8. QUESTION OR PRIVILEGE - Any Member may raise at anytime during the proceedings, questions or privilege of those affecting the rights, safety, dignity, reputation and conduct inimical or detrimental to the interest and dignity of the Legislative Body.

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SECTION 9. DISCIPLINE OF MEMBERS - The Sanggunian may punish its Members for disorderly behavior and for conduct inimical or detrimental to the interest and dignity of the Legislative Body.

The penalty may include censure, exclusion from session, suspension and expulsion from the Sanggunian.

Members committing four (4) consecutive absences shall be advice for the consultation of the Body.

When penalty suspension or expulsion, it shall require the concurrence of two-third (2/3) votes of the Sanggunian Members, provided that the punishment or suspension shall not exceed thirty (30) days.

A Member convicted or sentenced by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be expelled from the Sangguniang Barangay.

RULE VIIIAMENDMENTS

SECTION 1. AMENDMENTS - Any portion of these Rules may be amended or revised by two-third (2/3) votes of all the Sanggunian Members.

RULE IXEFFECTIVITY

SECTION 1. EFFECTIVITY - These Rules shall take effect upon adoption.

UNANIMOUSLY ADOPTED AND APPROVED : _________

AUTHOR : HONORABLE CO-AUTHOR : HONORABLE MOVANT : HONORABLE SECONDER : HONORABLE

CERTIFIED CORRECT:

ERNESTO M. RACAZA, JR.Punong Barangay/Presiding Officer

ATTESTED:

EDWINA PENASOBarangay Secretary

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