CURRENT HOUSE RULES PROPOSED REVISION OF HOUSE RULESINTERNAL RULES OF PROCEDURE

RULE ICOMPOSITION

Section 1. The sangguniang panlalawigan of the province of Compostela Valley, shall be composed of the provincial vice-governor as presiding officer, the regular sangguniang members, the president of the liga ng mga barangay, the president of the pederasyon ng mga sangguniang kabataan, the president of the provincial fedearation of sangguniang members of municipalities and component cities and the representative of the indigenous people, as members.

RULE II

POWER, DUTIES AND FUNCTION OF THE SANGGUNIAN

Section 1. The power, duties and functions of this sanggunian shall make a full disclosure of his financial and business interests as required him under Art. 104, Rule XVIII of the Rules and Regulations Implementing the Local

Section 2. Every Member shall attend all the sessions of this sanggunian unless he is prevented from doing so by reason of sickness or other unavoidable circumstances, provided that, as a general rule, advance notice shall be sent to the sanggunian thru the Presiding Officer or the Secretary.

Section 3. Every Member shall observe proper deportment and decorum during sessions.

RULE IV

OFFICERSSection 1. The Vice Governor shall

be the Presiding Officer of this sanggunian, who shall be addressed as Mr. President or Mr. Presiding Officer, and as such, shall have the following rights and duties.

a. To preside over the sessions of the sanggunian;

b. To remind the Members present during the sessions to observe proper deportment and decorum;

c. To enforce the Internal Rules and Procedure of the sanggunian;

INTERNAL RULES OF PROCEDURE

RULE ICOMPOSITION

Section 1. Composition. The Sangguniang Panlalawigan of the province of Compostela Valley, shall be composed of the Provincial Vice-Governor, as Presiding Officer, the ten (10) regular Sanggunian Members, the President of the Liga ng mga Barangay, the President of the Pederasyon ng mga Sangguniang Kabataan, the President of the Provincial Federation of Sanggunian Members of Municipalities and the Representative of the Indigenous People, as ex-officio members.

RULE IIPOWERS, DUTIES AND FUNCTIONS OF

THE SANGGUNIAN

Section 2. Powers, Duties and Functions. The powers, duties and functions of this Sanggunian shall be as provided for under Article 98, Rule XVII of the Rules and Regulations implementing the Local Government Code of 1991.

RULE IIIDUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS

Section 3. Full Disclosure of Business Interests. Every member of this Sanggunian shall make a full disclosure of his/her financial business interests as required of him/her under Art. 104, Rule XVII of the Rules and Regulations implementing the Local Government Code of 1991.

Section 4. Attendance. Every member shall attend all the sessions of this Sanggunian unless he/she is prevented from doing so by reason of sickness or other unavoidable circumstances. An application for leave of absence, or approved travel order /authorization shall be presented to the Secretary to the Sangguniang Panlalawigan, for record purposes.

Section 5. Abstentions. As a general rule, every member is required to vote in all matters that required voting of the proposed measure being voted upon by the Sanggunian. Abstentions may only be allowed if it can be shown that the member concerned has the pecuniary interest, either directly or indirectly, on the matter being acted upon by the Body.

d. To maintain order during sessions and render a ruling on questions of order, subject to appeal by the member concerned, to the Body or final decisions;

e. To sign all legislative documents, papers, or checks requiring his signature;

f. To declare recess during sessions anytime he deems it necessary. To provide that the duration of the recess is less than fifteen (15) minutes;

g. To declare the adjournment of session to some other date, time and place in case of extreme emergencies, serious and uncontrollable disorder, public disturbances and other unavoidable circumstances;

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

i. To vote but only to break the tie. Hence, he cannot vote in order to create tie. His right to vote to break a tie is not compulsory. He may or may not exercise it;

j. To relinquish the Chair to the Presiding Pro-Tempore, or in the latter’s absence, to any member of the sanggunian who shall act as “Temporary Presiding Officer” but only if he is going out of the Session Hall for whatever reasons.

Section 2. PRESIDING OFFICER, PRO-TEMPORE AND TEMPORARY PRESIDING OFFICER.

To give recognition and prestige to the position, the Senior Board Member, Being the third ranking elected official of the Province, shall automatically become the Presiding Officer Pro-Tempore, who shall assume the duties functions and responsibilities of the Presiding Officer, in the event of sickness, absence and temporary incapacity.

Section 2. (a). In the event of inability of the Presiding Officer and Presiding Officer Pro-Tempore to preside over a sanggunian session, the members present thereby constituting a quorum shall elect from among themselves a “Temporary Presiding Officer”

Section 2. (b). The “Presiding Officer Pro-Tempore” or the “Temporary Presiding Officer”, as the case may be, shall certify within ten (10) days from the passage of

Section 6. Proper Conduct. Every Member shall observe proper deportment and decorum during sessions.

RULE IVOFFICERS

Section 7. Vice Governor. The Vice Governor is the Presiding Officer of the sanggunian, who shall be addressed as Mr. President/Madam President, and as such, shall have the following rights and duties:

a. To preside over the sessions of the sanggunian;

b. To preserve order and decorum during the sessions and, in case of disturbance or disorderly conduct in the Session Hall, take such measures as he/she may deem advisable or as the Sanggunian may direct;

c. To decide all questions of order subject to appeal by any member, who may explain his/her appeal in not more than five minutes and which appeal shall not be debatable nor to an explanation of vote in case of nominal voting;

d. To sign all legislative documents, papers, or checks requiring his signature;

e. To declare recess during sessions anytime he deems it necessary, provided that the duration of the recess is less than fifteen (15) minutes;

f. To declare the adjournment of session to some other date, time and place in case of extreme emergencies, serious and uncontrollable disorder, public disturbances and other unavoidable circumstances;

g. To make brief remarks, comments or clarificatory questions on any measure under consideration provided that it shall maintain neutrality;

h. To exercise general supervision over all committees in the conduct of committee meetings and public hearings, setting targets for the submission of committee reports and its corresponding draft resolutions;

i. To ensure that legislative measures of committees are attuned to the executive-legislative agenda of the province;

j. To vote but only to break the tie. His right to vote to break a tie is not compulsory.

k. To relinquish the Chair to the Presiding Pro-Tempore, or in the latter’s absence, to any member of the sanggunian who shall act as “Temporary Presiding Officer” but only

the ordinance enacted or resolutions adopted by the sanggunian in the session over which he temporarily presided.

Section 2. (c) While presiding, the “Presiding Officer Pro-Tempore “or the Temporary Presiding Officer”, as the case may be, shall have no right to vote even if there is a tie.

Section 2 (d). The Presiding officer “Pro-Tempore” or the “Temporary Presiding Officer” may, motu propio, relinquish the Chair temporarily to any member of the sanggunian if he would like to go down on the floor and participate in the deliberation in his capacity as a regular and constituent member.

Section 3. FLOOR LEADER. The Chairman of the Committee on Rules and Procedure shall automatically become the Floor Leader with the following duties and functions:

Section 3(a). to calendar all proposed measures which maybe submitted to him by any member of the sanggunian or proposed agenda prepared by the Secretary to the Sanggunian on the basis of the Agenda submitted to him by any member or by the office of the Governor or any interested parties.

Section3 (b). To address the Presiding Officer of the Sangguniang Panlalawigan to give the floor to the member who wanted to rise to sponsor a particular measure contained in the agenda or any proposal including questions of privilege or to allow non-member or guest to speak before the Sangguniang Panlalawigan.

Section 3 (c). In this connection, any member of the sanggunian who wishes to have the floor, shall first seek the permission of the Floor Leader, who in turn will seek the permission of the Presiding Officer and in no case shall the Floor Leader decline the same, otherwise, such member shall have the right to directly address the Chair for his valid purpose. A non-member can in no instance speak before the Sangguniang Panlalawigan without the permission of the Floor Leader and the Presiding Officer, without the rules having been suspended.

Section 4. ASSISTANT FLOOR LEADER. The Vice Chairman and the members of the Committee on Rules and

if he is going out of the Session Hall for whatever reasons.

l. The regular Presiding Officer, when in acting capacity as Governor, cannot preside or participate in any regular/special session. However, he may preside or participate in session when the designation is on officer-in-charge capacity only. (G.R. No. 134213)

Section 8. Presiding Officer Pro-Tempore and Temporary Presiding Officer.

To give recognition and prestige to the position, the Senior Board Member, being the third ranking elected official of the Province, shall automatically become the Presiding Officer Pro-Tempore, who shall assume the duties functions and responsibilities of the Presiding Officer, in the event of sickness, absence and temporary incapacity with the following functions:

(a) In the event of inability of the Presiding Officer and Presiding Officer Pro-Tempore to preside over a sanggunian session, the members present thereby constituting a quorum shall elect from among themselves a “Temporary Presiding Officer”

(b) The “Presiding Officer Pro-Tempore” or the “Temporary Presiding Officer”, as the case may be, shall certify within ten (10) days from the passage of the ordinance enacted or resolutions adopted by the sanggunian in the session over which he temporarily presided.

(c) While presiding, the “Presiding Officer Pro-Tempore “or the Temporary Presiding Officer”, as the case may be, shall have no right to vote even if there is a tie.

(d) The Presiding Officer Pro-Tempore or the “Temporary Presiding Officer” may, motu propio, relinquish the Chair temporarily to any member of the sanggunian if he would like to go down on the floor and participate in the deliberation in his capacity as a regular and constituent member.

Section 9. Floor Leader. The Chairman of the Committee on Rules and Procedure shall automatically become the Floor Leader with the following duties and

Procedure shall automatically become Assistant Floor Leaders.

Section 4 (a). In the absence of the Floor Leader, the Vice-Chairman and the members of the Committee shall choose from among themselves who shall act as Floor Leader during sessions, which shall inherit the function of a Floor Leader.

Section 4 (b). When the Floor Leader desires to sponsor a legislative measure or attending to some official functions, he shall turnover from his post to any Assistant Floor Leaders while the session is on-going aside from the previous reason, as stated.

Sectiion 5. SECRETARY. The Sangguniang Panlalawigan shall have a Secretary who shall be appointed by the Vice Governor and concurred to by majority of the members of the Sangguniang Panlalawigan of Compostela Valley, to perform his legal duties as the Body may from time to time, require.

Section 6. SERGEANT-AT-ARMS. This Officer is non-member of the Sangguniang Panlalawigan. For purpose of keeping order in the Session Hall, the Presiding Officer will designate a reliable and trusted member of the Security Force of the Provincial Capitol every session time. He shall enforce all orders of the Presiding Officer relative to orderly conduct of the session. He must prevent anyone from entering the Sesion Hall with firearms. Firearms from any party desiring to enter the Session Hall must be deposited with him.

RULE VSESSIONS

Section 1. The regular session of this sanggunian shall be “once a week” to be held at sanggunian Session Hall every Wednesday, at 1:30 P.M. of every month. However, if the session falls on holiday, the next working day is the regular session day.

Section 2. Special sessions may be called by the Governor or by a majority of the members of this sanggunian.

Section 3. A written notice to the sanggunian members stating the date, time and purpose of the session shall be served personally or left with a member of his household at this usual place of residence at least twenty four (24) hours before the special sessions is held.

functions:

a) To pass upon and approve all items to be calendared in the agenda for deliberation and action by the Sanggunian; and

b) To perform such other duties as the sanggunian may from time to time assign to him/her;

c) The Floor Leader shall act as Ex-Officio Member of all standing committees of the Sanggunian where he/she is neither the Chairperson nor the Vice-Chairperson thereof;

d) To ensure that he/she will be able to address all his/her duties as Floor Leader and Ex-Officio member of all standing committees of the Sanggunian, the Floor Leader shall not chair any standing committee except that the Committee on Rules and Procedures of the Sanggunian;

e) To address the Presiding Officer or the Presiding Officer Pro-Tempore of the Sangguniang Panlalawigan to recognize any member who wanted to avail a privilege hour;

f) To address the Presiding Officer or the Presiding Officer Pro-Tempore of the Sangguniang Panlalawigan to have the floor for any member who wanted to sponsor a particular measure contained in the agenda or any proposal including questions of privilege or to allow non-member or guest to speak before the Sangguniang Panlalawigan.

In this connection, any member of the sanggunian who wishes to have the floor, shall first seek the permission of the Floor Leader, who in turn will seek the permission of the Presiding Officer and in no case, shall the Floor Leader decline the same, otherwise, such member shall have the right to directly address the Chair for his valid purpose. A non-member can in no instance speak before the Sangguniang Panlalawigan without the permission of the Floor Leader and the Presiding Officer, without the rules having been suspended.

Section 10. Assistant Floor Leader. The Vice Chairman and the members of the Committee on Rules and Procedure shall automatically become Assistant Floor Leaders.

Section 4. Unless otherwise agreed upon two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice.

Section 5. All sessions shall be opened to public unless a close door session is ordered by an affirmative vote of a majority vote of the members present there being a quorum, in the public interest or for reasons of security, decency, or morality.

Section 6. No two (2) sessions, whether regular or special may be held in single day.

Section 7. Adjourned Session. An “adjourned session” may be held.

Section 7 (a). Thru the initiative of the Chair, by using the “assumed motion” or by a majority of the members present in a session where there is no quorum, wherein they may decide to adjourn from hour to hour, or day to day, and compel the attendance of the absent members in order to obtain the necessary quorum.

Section 7 (b). Disturbance

Section 7 (c). Cellphones in silent mode during session.

RULE VIQUORUM

Section 1. A majority of the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business.

Section 2. Other interpretations to the contrary, notwithstanding the term “elected and qualified” shall be construed to include not only the regular member but also the “ex-officio” member of the sanggunian.

Section 3. No quorum at the start of the session. When the appointed time has come to start the regular session, the Presiding Officer (regular or temporary, as the case may be) shall call the session to order, with or without quorum.

In the absence of a quorum, after calling the session to order, the Presiding Officer may perform of the following:

1. He may adjourn the session from

(a) In the absence of the Floor Leader, the Vice-Chairman and the members of the Committee shall choose from among themselves who shall act as Floor Leader during sessions, which shall inherit the function of a Floor Leader.

(b) When the Floor Leader desires to sponsor a legislative measure or attending to some official functions, he shall turnover from his post to any Assistant Floor Leaders while the session is on-going aside from the previous reason, as stated.

Section 11. Sergeant-At-Arms. This Officer is non-member of the Sangguniang Panlalawigan. For purpose of keeping order in the Session Hall, the Sanggunian Panlalawigan will pass a resolution requesting the Chief Executive to designate a reliable and trusted member of the Security Force of the Provincial Capitol every session time. He shall enforce all orders relative to orderly conduct of the session upon the instruction of the Presiding Officer. He must prevent anyone from entering the Session Hall carrying with firearms and other deadly weapons.

RULE VTHE SECRETARY TO THE SANGGUNIAN

Section 12. Office of the Secretary to the Sanggunian. There shall be an Office of the Secretary to the Sangguniang Panlalawigan as embodied in Article 122, sub-paragraph (a) 1 and 2 of IRR of R.A. 7160. The Secretary shall be appointed by the Vice Governor and concurred to by majority of all the members of the Sangguniang Panlalawigan.

Section 13. Duties and Powers.

(a) The Secretary is mandated by law to perform duties and powers as required by law, as stated in Article 122 paragraph (a) sub-paragraph (3) of the IRR of R.A. 7160;

(b) The Secretary to the Sanggunian may, from time to time, introduce innovation, improvement and modification within the Office of the Secretary to the Sanggunian.

(c) Supervisory Power. Subject to the supervision and control of the Presiding Officer, the Secretary to the Sanggunian shall be responsible for the faithful and proper

hour to hour if he would like to wait for other members who may be late in coming to the session;

2. He may adjourn the session from day to day or;

3. He may adjourn the session from lack of quorum.

Section 4. No quorum during the session which was stated with a quorum. During a sessioin which was started with a quorum and a question of lack of quorum is raised by any member, the Presiding Officer shall immediately cause the reading of the roll of the members and announce the result and then declare whether or not there exist a quorum.

In the absence of a quorum, the Presiding Officer may declare a recess of not more than one (1) hour and wait for other members to come; or a majority of the members present may adjourn from hour to hour, “or day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force to arrest the absent member and present him in the session hall” . (Sec. 53, RA 7160).

If there is still no quorum despite the enforcement of the above remedial measures, the Presiding Officer may, motu propio or upon proper motion from the floor duly adopted by the Body, then declare the session adjourned, for lack of quorum.

RULE VIIORDER OF BUSINESS

Section 1. – In all the sessions, the order of business shall be:

I. Call to OrderII. One-Minute Prayer/InvocationIII. Philippine National AnthemIV. Roll CallV. Reading and Approval of the

Journal of Proceedings of the Previous Session.

VI. Privilege Hour (60 Mins.) Interpellation.

VII. First Reading and Referral of Business

VIII. Committee ReportsIX. Second ReadingX. Third ReadingXI. Special OrderXII. Announcements

performance of the official duties of the personnel of the Sanggunian as prescribed by law.

RULE VISESSIONS

Section 14. Regular Session. The Regular Session of this sanggunian shall be “once a week” to be held at Sanggunian Session Hall every Wednesday, at 1:30 P.M. of every month. However, if the session falls on holiday, the next working day is the regular session day.

Section 15. Special Session. The Special Session may be called by the Governor or by a majority of the members of this sanggunian.

Section 16. Notice. A written notice to the sanggunian members stating the date, time and purpose of the session shall be served personally or left with a member of his/her household at his/her usual place of residence at least twenty four (24) hours before the special sessions is held.

Section 17. Matter considered at a Special Session. Unless otherwise agreed upon two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice.

Section 18. Open Session. All sessions shall be open to public unless a close door session is ordered by an affirmative vote of the majority of the members present there being a quorum, in the public interest or for reasons of security, decency, or morality.

Section 19. Close Door Session. When the Sanggunian decide to hold close door sessions, the Presiding Officer shall direct the gallery to be cleared and doors closed. Only the Secretary to the Sanggunian, the Sergeant-at-Arms and other persons specifically authorized by the august Body shall be admitted to the closed door sessions. They shall preserve the confidentiality of everything read or discussed in the session.

Section 20. Restrictions. No two (2) sessions, whether regular or special may be held in single day.

Section 21. Venue of Session. Regular/Special Session may be held in another venue as approved by the majority of the members of the Sanggunian.

XIII. Adjournment

Section 2. The Calendar of Business shall contain the following:

Section 2 (a). Unfinished Business – refers to proposals or measures that have been left inacted upon, postponed or left unfinished during the previous meeting or session. This also includes items of business left unfinished or inacted upon the end of term of the previous administration.

Section 2 (b). Business for the Day- refer to list of items that have been reported out by the committees and 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 and final reading”.

Section 2 (c). Unassigned Business – refers to pending matters or measures including new ones that arises out during the deliberation but not yet assigned or referred to any committee for appropriate action.

Section 3. 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;

1. The title of the proposed ordinance or resolution.

2. The name of the sponsor or authors and the committee to which it was referred or the committee sponsoring it.

3. In the case of petitioners, letters, endorsements and other communications, the source or the name of the senders.

Section 4. Deviation from the present Order of Business may be done under the following circumstances:

Section 4 (a). When the sanggunian decided to suspend the rules thru a motion to suspend the rules by a member. In any case, the decision to suspend the rules shall require at least two-third (2/3) vote of the member present.

Section 5. When the measure to be acted upon by the sanggunian is “certified by the local chief executive as urgent”, it shall have priority over all items of business, and shall be considered without the need suspending the rules or even if it is not included in the Calendar of Business.

Section 22. Adjourned Session. An “adjourned session” may be held;

(a) By a majority of the members present in a session where there is no quorum wherein they may decide to adjourn from time to time, or day to day, and compel the attendance of the absent members in order to obtain the necessary quorum;

(b) By a majority vote of the members present in any regular or special session, there being a quorum, in order to finish very important business which needs immediate action.

RULE VIIQUORUM

Section 23. Constituting the Quorum. A majority of the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business.

Section 24. Interpretations on Elected and Qualified Members. 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 sanggunian.

Section 25. Determination of Quorum. In determining the presence of a quorum, the term “majority” (1/2 + 1) shall be based on the actual membership of incumbents in the Sanggunian, which shall exclude the following:

a. Presiding Officer (regular),b. A member who is abroad, on

an official business, c. A deceased member,d. A member who has resigned,e. A member who has been

suspended or expelled or removed by final judgment.

Section 26. No quorum at the start of the session. When the appointed time has come to start the regular session, the Presiding Officer (regular or temporary, as the case may be) shall call the session to order, with or without quorum.

In the absence of a quorum, after calling the session to order, the Presiding Officer may perform of the following:

4. He may adjourn the session from hour to hour if he would like to wait for other members who may be late in coming to the session;

RULE VIIILEGISLATIVE PROCESS

Section 1. RULE IN THE ENACTMENT OF ORDINANCE AND ADOPTION OF RESOLUTIONS.

In the enactment of ordinance and adoption of resolutions including other matters requiring legislative actions, the following rules shall be observed:

Section 1 (a). Legislative actions of general and permanent character shall be enacted in the form of ordinance; while those which are temporary character shall be passed in the form of resolution. Matters relating to the propriety functions and to private concern shall be acted upon resolution.

Section1 (b) Proposed ordinance and resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief “Explanatory Note” containing the justification of its approval. It shall be signed by the author or authors and submitted to the to the Secretary to the Sanggunian before the start of the Regular Session.

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Section 1 (c) A resolution shall be enacted in the same manner prescribed for in an ordinance, except that it need not go through a third reading for its final consideration, unless decided otherwise by a majority of the sanggunian present.

Section 1 (d) As a general rule, no ordinance or resolution shall be considered on second reading in any regular meetings unless it has been reported out by the proper committee to which it was referred or certified as urgent by the Local Chief Executive, however, an ordinance or resolution , prepared and introduced by the committee having proper jurisdiction over the subject matter proposed, if presented with a report need not go

5. He may adjourn the session from day to day or;

6. He may adjourn the session from lack of quorum.

Section 27. No Quorum during the Session which was started with a Quorum. During a session which was started with a quorum and a question of lack of quorum is raised by any member, the Presiding Officer, shall immediately cause the reading of the roll of the members and announce the result and then declare whether or not there exists a quorum.

In the absence of a quorum, the Presiding Officer may declare a recess of not more than one (1) hour and wait for other members to come; or a majority of the members present may adjourn from hour to hour, “or day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force to arrest the absentee-member and present him in the session hall.” (Sec. 53, RA 7160).

If there is still no quorum despite the enforcement of the above remedial measures, the Presiding Officer may, motu propio or upon proper motion from the floor duly adopted by the Body, then declare the session adjourned, for lack of quorum.

RULE VIIIORDER OF BUSINESS

Section 28. – Format of the Order of Business/Agenda. In all the sessions, the order of business shall be:

XIV. Call to Order

XV. Prayer/Invocation

XVI. Philippine National Anthem and

Compostela Valley Hymn

XVII. Roll Call

XVIII. Reading and Approval of the

Minutes/Journal of the Previous

Session.

XIX. Question Hour

XX. First Reading and Referral of

Business

XXI. Unfinished Business

XXII. Committee Reports

through the first reading. The proposed measure should instead be calendared for the second reading.

Section 1 (e) Any legislative matter duly certified by the Chief Executive as urgent whether or not it is included in the calendar of business, may be presented or considered by the Body at the same meeting without need of suspending the rules.

Section 1 (f) 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 measure certified by the Local Chief Executive concerned as urgent may be submitted for final voting immediately after debate of amendment during the second reading.

Section 1 (g) No ordinance or resolution passed by the sanggunian in a regular or special session duly called for the purpose, shall be valid, unless approved by the majority of the members present, there being a quorum.

Section 1 (h) Upon passage of all ordinances and resolutions directing the payment of money or creating liability, and at the request of any member of any resolution or motion, the sanggunian shall record the ayes and nays. Each approved ordinance or resolution shall be stamped with the seal of the sanggunian and recorded in the book kept for the purpose.

Section 2. PROCEDURAL STEPS – THE PROCEDURAL STEPS IN ENACTING AN ORDINANCE OR RESOLUTION. The enactment of the ordinance or a resolution involves nine (9) steps clustered along eight (8) dimensions from sponsorship to publication.

SPONSORSHIP OF AN ORDINANCE OR A RESOLUTION

Step 1. A sangguniang panlalawigan

member or a group or a member files with the secretary to the sanggunian two (20 or three (3) copies of the draft ordinance or resolution in the form prescribe for the

XXIII. Second Reading

XXIV. Third Reading

XXV. Privilege Hour

XXVI. Announcements

XXVII.Adjournment

Section 29. Preparation of the Order of Business/Agenda:

(a). The Order of Business/Agenda shall be prepared by the Office of the Secretary to the Sanggunian and approved by the Committee on Rules thru the Chairman, or in his absence, the Vice-Chairman or any Member thereof;

(b). A copy of the Order of Business/Agenda shall be furnished to every member of the Sanggunian one (1) working day before the date of the regular session which is not later than 5:00 p.m. on every Monday;

(c). Proposed measures, committee reports, draft resolutions and other legislative matters shall be submitted not later than 12:00 o’clock noon on every Friday;

(d). The Presiding Officer shall cause the Office of the Secretary to the Sanggunian to facilitate the approval of the order of business/agenda.

Section 30. Matters under the Order of Business/Agenda. The Order of Business/Agenda 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;

4. The title of the proposed

ordinance or resolution.

5. The name of the sponsor

or authors and the

committee to which it was

referred or the committee

sponsoring it.

6. In the case of petitioners,

letters, endorsements and

other communications,

the source or the name of

purpose.

Step 2. The Secretary to the Sanggunian records the draft ordinance or resolution in a logbook indicating the following information:

- Name of author(s)- Title of the

proposed ordinance or resolution - Date filed; and - The number

assigned to it

Step 3. On the first reading, the Secretary to the Sanggunian reports all proposed

ordinances or resolutions to the sanggunian members filed at least three (3) days before the regular or special session. He reads the draft ordinance or resolution by its number and title and the name of author or authors after which, the Presiding Officer immediately announces the committee or committees to which the proposed measure is assigned

COMMITTEE DELIBERATIONS

Step 4. If the committee concerned recommends action on the proposed ordinance or resolution, a report to the effect is submitted to the Presiding Officer through the Chairman of the Committee on Rules who calendars the proposed ordinance or resolution for Second Reading.

If the committee’s action on a proposed ordinance or resolution is unfavorable, it is laid on the table, within ten (10) days, the author or authors concerned are given notice stating the reason/s for such actions.

SECOND READING AND FLOOR CONSIDERATION

Section 5. No proposed ordinance or resolution may be considered in Second Reading in any regular session unless it has been reported out by the proper committee to which it was referred or certified as urgent by the Local Chief Executive or the 2/3 of the sanggunian itself certified the necessity of its enactment.

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On the day set for the consideration of proposed ordinance or resolution for

the senders.

Section 31. Deviation from the present Order of Business. Deviation from the present Order of Business may be done when the Sanggunian decided to suspend the rules thru a motion to suspend the rules by a member. In any case, the decision to suspend the rules shall require a simple majority vote of members present.

Section 32. The Question Hour:

(a) Nature of the Question Hour. It is the period of time allotted for Sanggunian Members to ask questions from “invited resource person/s coming from either government or private sectors, usually heads of offices, technical and prominent personalities.” It is primarily intended to seek information from invited guests on certain matters of public interests, provide legislators the chance to interact with different personalities, enhance and institutionalize the principle of ”citizens participation”, thus bringing government nearer to the people;

(b)Resource persons are considered as “guests” that should not be insulted by questions that tend to “cross examine” or “interrogate” them. Personalities such as authorities in the government, department heads (national/provincial/municipal) and other private individuals may be invited to appear in the session of the Sanggunian to clarify issues as resource person to give inputs to the Sanggunian in aid of legislation;

(c) Rules on Interpolating Guest/s:i. Be honest in asking questions. A

Sanggunian member shall ask questions primarily to seek clarification on certain issues or any matter being discussed. Avoid question when you knew already the answer to your own question;

ii. Avoid “embarrassing question”. Questions that might embarrass or humiliate the respondent shall be avoided;

iii. Avoid “fault finding question”. All questions shall be propounded on “what is wrong” rather “who is wrong”. The latter question

Second Reading, the sponsor reads the proposed ordinance or resolution in its entirety, although this can be dispensed with, since every sanggunian member is presumed to have copy of the said measure under consideration. The Chairman of the committee recommending the ordinance or resolution, or some designate for the purpose, explains briefly the nature of the ordinance or resolution and recommends its approval. Thereafter, the proposed ordinance or resolution is subject to debate, amendment or amendments, and other proper parliamentary motions. (After debate and approved amendments, the Presiding Officer shall now put the issue of approval of the proposed ordinance/resolution in the second reading by directing the Secretary to the Sanggunian to call the roll, and the vote of the members. The Presiding Officer shall announce the result of the voting.)

Step 6. The secretary to the sanggunian prepares enough copies of the proposed ordinance or resolution in the form it was passed on Second Reading, and distributes them to each member at least three (3) days before final reading.

THIRD AND FINAL VOTE

Step 7. No ordinance or resolution may be approved unless it has passed three readings, and copies thereof in final form have been distributed to the members at least three (3) days before its passage except with the governor or the sanggunian itself certifies to the Secretary of its immediate enactment to meet a public calamity or emergency.

Upon third reading of the proposed ordinance or resolution, the Presiding Officer puts the question/s to vote, and directs the Secretary to the Sanggunian to call the roll to record each member’s vote. The Presiding Officer then finally announces the result of the voting.

APPROVAL OF THE ORDINANCE AND RESOLUTION

Step 8. Every ordinance or resolution enacted by the sanggunian is presented to the Governor.

If the Governor approves the same, he affixes his signature in each and every page thereof; otherwise, he vetoes it and return the same with his objections to the sanggunian, which may proceed to consider the same.

should be referred to proper Standing Committee which will conduct a fact finding investigation;

iv. Avoid questions that tend to “cross-examine” or “interrogate”. The art of “cross-examine” is for lawyers inside a courtroom. The art of “interrogation” is for police or investigative officers usually during inquisition or investigation proceedings. The art of “interpellation” is the one adaptable in deliberative bodies;

v. Avoid asking more than two (2) successive questions at a time. Generally, a member is entitled to ask one (1) question and another one commonly known as “follow-up question”. In cases a member has other questions to ask, propriety demands that he/she should first give others the same opportunities to ask their questions, afterwards, he/she may again seek recognition to the chair so he/she could ask his other questions;

vi. Graciously acknowledge the answer. Satisfied or not satisfied with the answer, a member who asked the question should be polite enough to acknowledge it by saying “thank you”.

(d) Time Limit. The time allotted for the question hour shall be determined by the Presiding Officer and or by the majority of the members present;

(e) The invited guest/s shall be advised to answer directly and concisely the question/s thrown by any Sanggunian Member. The guest may, nevertheless, with the authorization of the Presiding Officer, be allowed to further clarify his/her response.

Section 33. The Privilege Hour:

(a)Nature of the Privilege Hour. It is the time allotted for the members of the Sanggunian to express the sentiments of their constituents or their own views, opinions, or position on various issues and affairs of public interest. The speech is in form of constructive criticism or

The sanggunian may override the veto of the Governor by a two third (2/3) votes of all its members, thereby making the ordinance or resolution effective for all legal intents and purpose.

The veto shall be communicated by the Governor to the sangunian, through the Presiding Officer, within fifteen (15) days, otherwise, the ordinance is deemed approved, as if he had signed it.

EFFECTIVITY OF APPROVED ORDINANCES OR RESOLUTIONS

Step 9. Unless otherwise stated, the ordinance or the public resolution approving the Local Development Plan and Public Investment Program, shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol, and in at least two (2) conspicuous places within the territorial jurisdiction of Compostela Valley Province.

PUBLICATION

Step 10. The secretary to the sanggunian shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol, and in at least two (2) conspicuous places within Compostela Valley Province not later than five (5) days after approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English, and the secretary to the sanggunian shall record such fact in a book kept for the purpose , stating the dates of approval and posting.

The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province.

Ordinances with penal sanctions, shall be posted at prominent places in the provincial capitol, for the minimum period of three (3) consecutive weeks. Such ordinance shall also be published in a newspaper of general circulation, within the territorial jurisdiction of Compostela Valley Province. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the periods of posting, whichever occurs later.

The secretary to the sanggunian

comments on the operation of the government including the provision of basic services to the people and avoid defamatory words to every colleague of the chamber;

(b)The time allotted for each session is not more than 30 minutes including remarks, comments and interpellation. However, if the allotted time is not enough the Chair may extend it if the subject matter is of great importance affecting the general welfare and would require immediate intervention of the Sanggunian she/he may be allowed to render his/her speech with the approval of the majority of the members;

(c) The Sangguniang Panlalawigan Member availing of the Privilege Hour shall provide the other members a copy of his/her written speech before the start of the session. However, no Sangguniang Panlalawigan Member shall be precluded from availing of the privilege hour for the sole reason that his/her speech is not reduced in writing;

(d)It shall be the discretion of the speaker to yield to interpellation, provided; that in exceptional circumstances where the person or integrity of a Member or the integrity of the Sanggunian is in clear danger of, or has been inflicted with such grave harm or injury, a question of personal or collective privilege may be allowed to interrupt the Privilege Hour;

(e)Before delivering his/her privilege speech, a member must register and submit a copy of her/his privilege speech with the Committee on Rules before the start of the session. However, no member shall be precluded from availing of the Privilege Hour for the sole reason that his/her speech is not reduced in writing.

RULE IXLEGISLATIVE PROCESS

Section 34. RULE IN THE ENACTMENT OF ORDINANCE AND ADOPTION OF RESOLUTIONS.

In the enactment of ordinance and

shall transmit official copies of such ordinance to the Editor-in-Chief of the Compostela Valley News Digest within seven (7) days following the approval of such ordinance, for publication purposes. It may publish ordinances with penal sanctions for archival and reference purposes.

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RULE 1X

POWER OF REVIEW OF THE SANGGUNIANG PANLALAWIGAN

Section 1. REVIEW OF COMPONENT CITY AND MUNICIPAL ORDINANCES AND RESOLUTION BY THE SANGGUNIANG PANLALAWIGAN: a) Within three (3) days after approval, the secretary to the sangguniang panlungsod or SB shall forward to the sangguniang panlalawigan for review, copies of the approved ordinances and the resolutions approving the Local Development Plans and Public Investment Programs formulated by the Local Development Council, b) Within thirty (30) days after receipt of copies of such ordinance or resolution, the ssangguniang panlalawigan shall examine the documents or transmit them to the Provincial Attorney or Provincial Prosecutor after the period of ten (10) days form the receipt of the documents, inform the sangguniang panlalawigan in writing of his comments and recommendations, which may be considered by the sangguniang panlalawiganin making its decision, c) If the sangguniang panlalawigan finds that such ordinance or resolution is beyond the power conferred to the sangguniang bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sanggunaing panlalawigan shall enter in its action in the minutes and shall advice the corresponding city or municipal authorities of the action it has taken, d) If no action taken by the sangguniang panlalawigan within thirty (30) days after submission of such ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

RULE XMETHODS OF VOTING

Section 1. Voting on Question. Whenever a nominal (or roll call voting) is being applied, the Secretary shall call the roll of members either alphabetical order,

adoption of resolutions including other matters requiring legislative actions, the following rules shall be observed:

(a)Legislative actions of general and permanent character shall be enacted in the form of ordinance; while those which are temporary character shall be passed in the form of resolution. Matters relating to the propriety functions and to private concern shall be acted upon resolution;

(b)Proposed ordinance and resolution shall be in writing, prepared by the sponsoring member and shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief “Explanatory Note” containing the justification of its approval. It shall be signed by the author or authors and submitted to the Chairman of the Rules through the Secretary to the Sanggunian before the start of the Regular Session;

(c) A resolution shall be enacted in the same manner prescribed for in an ordinance, except that it need not go through a third reading for its final consideration, unless decided otherwise by a majority of the Sanggunian present;

(d)As a general rule, no ordinance or resolution shall be considered on second reading in any regular meetings unless it has been reported out by the proper committee to which it was referred. However, an ordinance or resolution, prepared and introduced by the committee having proper jurisdiction over the subject matter proposed, if presented with a report, need not go through the first reading. The proposed measure should instead be calendared for the second reading;

(e)Any legislative matter duly certified by the Chief Executive as urgent, whether or not it is included in the order of business, may be presented or considered at the same meeting without suspending the rules, by converting the Body into a committee of the whole upon

by rank, or by representative per 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 vote not to exceed three (3) minutes.

Any member may request a second roll call but this time only the names of those who failed to vote shall be called. This is to give opportunity to those who failed to cast their votes to exercise their rights and also to determine the number of members who might have violated the “rule of abstention”. After the second roll call, the Chair shall entertain no other request of the same kind.

Section 2. Voting Restriction. No member can vote, or be allowed to vote, on any measure on which he or any of his relatives within the third degree of consanguinity or affinity has a direct pecuniary interest. This rule, however, does not apply in voting for elective position in the sanggunian where a member, as a matter of right, can vote himself.

Section 3. Change of Vote. Any member may change his vote only when the result of the voting has not yet been announced by the Chair. Otherwise, he can change his vote by the unanimous consent of the members present. This rule shall not be applied if voting is by ballot.

Section 4. Vote by Late-comer. A member who came in late during session but who happens to arrive while the voting is in progress, shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chair.

Section 5. Allowable Motion During Voting. Except for a motion pertaining to a question of quorum, no other motion shall be entertained by the Chair while voting is in progress.

Section 6. Tie Vote. A tie vote resulting from a vote in any motion, measure or proposal shall be construed to mean that the particular motion, measure or proposal is defeated, unless the Chair decided to break it. Exception to this rule is when a “motion to appeal from the decision of the Chair” put to a vote and it resulted to a tie. In this case, the tie vote is considered to sustain the decision of the Chair.

Section 7. Breaking a Tie. In case of a tie, the Presiding Officer of this sanggunian is allowed to cast his vote if he

attaining the two thirds (2/3) vote of the members present having a quorum. In this case, the chief executive shall send his representative to explain the matter before the Sanggunian or there must be a Sanggunian Member who is knowledgeable of the matter and is sufficiently equipped with the basic knowledge to enlighten the members;

(f) Amendment in the Order of Business by any member of the Sanggunian Panlalawigan just to prioritize the itemized measure/s in the Agenda shall be discouraged unless such matter calls for the urgency of legislations;

(g)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 measure certified by the Local Chief Executive concerned as urgent may be submitted for final voting immediately after debate of amendment during the second reading;

(h)No ordinance or resolution passed by the Sanggunian in a regular or special session duly called for the purpose, shall be valid, unless approved by the majority of the members present, there being a quorum;

(i) Upon passage of all ordinances and resolutions directing the payment of money or creating liability, and at the request of any member of any resolution or motion, the Sanggunian shall record the ayes and nays. Each approved ordinance or resolution shall be stamped with the seal of the Sanggunian and recorded in the book kept for the purpose.

Section 35. Procedural Steps. The enactment of the ordinance or a resolution involves ten (10) steps clustered along seven (7) dimensions from sponsorship to publication.

SPONSORSHIP OF AN ORDINANCE OR A RESOLUTION

Step 1. A Sangguniang

so desires. He is, however, precluded under existing laws to cast his vote in order to create a tie.

Section 8. Majority Vote of All Members. As provided under RA 7160 and its implementing rules and regulations, a “majority vote of all the members of the sanggunian” is required in the following circumstances:

Section 8 (a) Enactment of ordinance levying taxes, fees or charges prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or relief; (Sec. 447,RA 7160 par.2-ii)

Section 8 (b) Adoption of the resolution authorizing the governor to negotiate and contract loans and other forms of indebtedness (par. 2-iii, Ibid)

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Section 8 (c) Enactment of ordinance authorizing the floating of bonds of their instruments of indebtedness for the purpose of raising funds to finance development projects. (par. 2-iv, Ibid)

Section 8 (d) Adoption of resolutions authorizing the governor to lease to private parties such buildings held in a proprietary capacity subject to existing laws, rules and regulations (par. 2-v, Ibid)

Section 8 (e) Enactment of ordinance granting a franchise to any person , partnership, corporation or cooperative to establish, construct, operate and maintain ferries, wharves, market or slaughter house or other similar activities within the municipality as may be allowed by applicable laws, provided, that cooperatives shall be given preference in the grant of such franchise. (par. 3-3-viii, Ibid)

Section 8 (f) Adoption of resolution concurring with the appointment issued by the Governor to heads of department and offices as required under RA 7160. (Sec. 443, RA 7160, par. d)

Panlalawigan Member or a group or a member files with the Chairman of the Committee on Rules through the Secretary to the Sanggunian nineteen (19) copies of the draft ordinance or resolution in the form prescribe for the purpose.

Step 2. The Secretary to the Sanggunian records the draft ordinance or resolution in a logbook indicating the following information:

- Name of author(s)- Title of the

proposed ordinance or resolution - Date filed; and - The number

assigned to it

Step 3. On First Reading, the Secretary to the Sanggunian, reads all Items enumerated therein. After which, the Presiding Officer immediately announces the committee/s to which the proposed measure/s is/are assigned.

COMMITTEE DELIBERATIONS

Step 4. When the committee concerned recommends action on the proposed ordinance or resolution, a report to the effect is submitted to the Chairman of the Committee on Rules through the Secretary to the Sanggunian who calendars the proposed ordinance or resolution for Second Reading.

As a general rule, committee reports shall be rendered by its Chairman, unless he offers to other members of the Committee or to the Body. No member of a committee shall oppose or object to the report of his committee unless he submits his dissenting opinion to the majority in writing.

SECOND READING AND FLOOR CONSIDERATION

Section 5. No proposed ordinance or resolution may be considered in Second Reading in any regular session unless it has been reported out by the proper committee to which it was referred or certified as urgent by the Local Chief Executive or by the two thirds (2/3) vote of all the members of the Sanggunian.

Section 9. Majority votes of the members Present (thereby constituting a Quorum). Except as provided in Section 8 thereof , all other legislative matters or measures shall require only “majority votes of the members present therein having a quorum” for its passage, adoption or enactment, as the case may be.

Section 10. Plurality Vote. A decision of the sanggunian thru a “plurality vote” shall be valid and enforceable it if is the result of an election of officers of the sanggunian or members of the committees. No legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this sanggunian through a mere plurality of vote.

Section 11. Percentage Vote. For purposes of this section, a percentage vote shall be applied in the following:

Section 11 (a) A two third (2/3) vote of all the members of this sanggunian shall be required in overriding the veto of the Chief Executive for any ordinances or resolutions, thereby making the particular ordinance or resolution effective for all intents and purposes. (Sec 54, RA 7160)

Section 11 (b) Unless otherwise concurred in by two third (2/3) of the sanggunian members present, there being quorum, no other matters may be considered at a special session except those stated in the notice. (Sec. 52 (d), RA 7160)

Section 11 (c) The penalty of suspension or expulsion that may be imposed or meted out by the sanggunian to an erring member shall require the concurrence of at least two-third (2/3 vote of all the members. (Section 50-b, RA 7160)

Section 11 (d) With the concurrence of at least two-third (2/3) of all the members of the sanggunian, grant tax exemptions, incentives or relief to entities engage in community growth-including industries.

Section 11 (e) At least a two-third (2/3) affirmative vote of the members present, there being a quorum, shall be required for the adoption of the following motions:

1. Motion to suspend the rules

On the day set for the consideration of proposed ordinance or resolution for Second Reading, the sponsor/author/movant reads the proposed ordinance or resolution in its entirety, although this can be dispensed with, since every Sanggunian Member is presumed to have copy of the said measure under consideration. The Chairman of the committee recommending the ordinance or resolution, or some designates for the purpose, reads the caption and explains briefly the nature of the ordinance or resolution and recommends its approval.

Thereafter, the proposed ordinance or resolution is subject to debate, amendment or amendments, and other proper parliamentary motions. (After debate and approved amendments, the Presiding Officer shall now put the issue of approval of the proposed ordinance/resolution in the Second Reading by directing the Secretary to the Sanggunian to call the roll to record the “ayes” and “nays” vote of the members. The Presiding Officer shall announce the result of the voting.)

Step 6. The Secretary to the Sanggunian prepares enough copies of the proposed ordinance or resolution in the form it was passed on Second Reading, and distributes them to each member at least three (3) days before final reading.

THIRD AND FINAL VOTE

Step 7. No ordinance may be approved unless it has passed three (3) readings, and copies thereof in final form have been distributed to the members at least three (3) days before its passage except when the Governor or the Sanggunian itself certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

Upon Third Reading of the proposed ordinance, the Presiding Officer puts the question/s to vote, and directs the Secretary to the Sanggunian to call the roll to record each member’s vote. The Presiding Officer then finally announces the result of the voting.

APPROVAL OF THE ORDINANCE AND

2. Motion to expunge3. Motion to extend or limit

debate4. Motion to call previous

question

Section 11 (f) At least two-third (2/3) negative votes 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 12. Simple Majority. Except as otherwise provided in the Internal Rules of Procedure and existing laws, rules and regulations, a vote by “simple majority” shall prevail on other measures, motions or proposition provided there is a quorum. In parliamentary parlance the “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 X1RULES ON DEBATES AND

AMENDMENTS

Section 1. As a general rule, no member shall speak before this sanggunian without first obtaining the floor,

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and recognition from the Chair through the Floor Leader or Assistance Floor Leader, as the case may be. A member who has obtained the floor shall all his remarks or arguments to the Chair. He shall conduct himself with proper decorum by confirming his remarks or arguments to the questions under debate and by avoiding personalities.

Section 2. No member rendering a committee report or delivering the sponsorship speech shall for more than ten (10) minutes unless he is allowed by majority of the members present.

Section 3. No member shall speak for more than ten (10) minutes on a particular issue unless he is allowed to do so by the majority of the members present.

Section 4. During the period of

RESOLUTION

Step 8. Every ordinance and resolution approving and adopting the local development plans and public investment programs enacted by the Sanggunian is presented to the Governor.

If the Governor approves the same, he affixes his signature in each and every page, for the ordinance thereof; otherwise, he vetoes it and returned the same with his objections to the Sanggunian, which may proceed to consider the same.

The Sanggunian may override the veto of the Governor by a two thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purpose.

The veto shall be communicated by the Governor to the Sangunian, through the Presiding Officer, within fifteen (15) days, otherwise, the ordinance or resolution is deemed approved, as if he had signed it.

EFFECTIVITY OF APPROVED ORDINANCES OR RESOLUTIONS

Step 9. Unless otherwise stated, the ordinance or resolution approving the Local Development Plan and Public Investment Program, shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol, and in at least two (2) conspicuous places within the territorial jurisdiction of Compostela Valley Province. (Article 113 of IRR of R.A. 7160)

PUBLICATION

Step 10. Ordinances with penal sanctions shall be posted at conspicuous places in the provincial capitol, for the minimum period of three (3) consecutive weeks. Such ordinance shall also be published in a newspaper of general circulation, within the territorial jurisdiction of Compostela Valley Province. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at

amendments, 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 5. The member rendering the committee report or delivering the sponsorship speech of a proposed measure may move to open or close the debate within the twenty (20) minute period allowed to him. If he falls to exercise his option, “assume motion” to open or close the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his sponsorship speech relative to his proposed measure, it shall be considered open to debate.

Section 6. While having the floor, a member may be interrupted in his speech or talk by the Presiding Officer or the Floor Leader 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 privilege.

Section 7. The speaker may also be interrupted by another member if the latter desires to ask questions thru his privilege to interpolate and by opposing the following motions:

- Point of Order

- Point of Information

- Point of Parliamentary Inquiry

- Call for Order of the Day

- Call for a Vote

- Raise a Question of Privilege

- Reconsider

- Appeal from the Decision of the Chair

Section 8. All questions addressed to the speaker or the member having the floor must always be coursed through the Presiding Officer.

Section 9. The speaker being interpolated may decline to answer questions, if he so desires.

Section 10. No member shall speak against his own motion or proposition. He

the end of the periods of posting, whichever occurs later. (Article 114 Par. (a) IRR of R.A. 7160)

The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province.

RULE X POWER OF REVIEW OF THE SANGGUNIANG PANLALAWIGAN

Section 36. Review of Municipal Ordinances & Resolutions by the Sangguniang Panlalawigan:

a) Within three (3) days after approval, the Secretary to the Sangguniang Bayan shall forward to the Sangguniang Panlalawigan for review, copies of the approved ordinances and the resolutions approving the Local Development Plans and Public Investment Programs formulated by the Local Development Council;

b) Within thirty (30) days after receipt of copies of such ordinance or resolution, the Sangguniang Panlalawigan shall examine the documents or transmit them to the Provincial Attorney or Provincial Prosecutor after the period of ten (10) days from the receipt of the documents, inform the Sangguniang Panlalawigan in writing of his comments and recommendations, which may be considered by the Sangguniang Panlalawigan making its decision;

c) If the Sangguniang Panlalawigan finds that such ordinance or resolution is beyond the power conferred to the Sangguniang Bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The Sanggunaing Panlalawigan shall enter in its action in the minutes and shall advice the corresponding municipal authorities of the action it has taken;

d) If no action taken by the Sangguniang Panlalawigan within thirty (30) days after submission of such ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

RULE XIMETHODS OF VOTING

may, however, be permitted to withdraw his motion or proposition and if his request to withdraw is denied, he may vote against it.

Section 11. 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 Chair through the Floor Leader.

Section 12. A motion to close the debate is order if three (3) members have already spoken in all affirmative side and two (2) in the negative side, or only one (1) has spoken in favor but none against it.

Section 13. Subject to the requirement of the preceding section, if no member moves to close the period of debate, the Chair muto propoi, may use “assumed motion” in order to close the period of debate.

Section 14. When the motion “to call for a previous question” is proposed by a member which would result in the closing of the debate on a pending question, a two-third (2/3) affirmative vote is hereby required.

Section 15. Whenever the Presiding Officer is addressing the sanggunian, no member shall leave his seat nor interrupt the former in his talk.

Section 16. After the period of debate has been closed, the period of amendments shall immediately follow.

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Section 17. Unless a different method is adopted by the members present in a particular session, amendments to any proposed measure, or parts thereof, shall be in seriatim. Under the paragraph or section by section and after each one is read, amendments can be proposed and debated upon. Thereafter, a vote is taken on proposed amendment. Eventually, this process will reach its conclusion and the original measure of the proposition is said to have passed the “second reading”.

RULE XII

Section 37. Voting on Question. Whenever a nominal (or roll call voting) is being applied, the Secretary shall call the roll of members by rank. 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 vote not to exceed three (3) minutes.

Any member may request a second roll call but this time only the names of those who failed to vote shall be called. This is to give opportunity to those who failed to cast their votes to exercise their rights and also to determine the number of members who might have violated the “rule of abstention”. After the second roll call, the Chair shall entertain no other request of the same kind.

Section 38. Voting Restriction. No member can vote, or be allowed to vote, on any measure on which he or any of his relatives within the third degree of consanguinity or affinity has a direct pecuniary interest. This rule, however, does not apply in voting for elective position in the Sanggunian where a member, as a matter of right, can vote himself.

Section 39. Change of Vote. Any member may change his vote only when the result of the voting has not yet been announced by the Chair. Otherwise, he can change his vote by the unanimous consent of the members present. This rule shall not be applied if voting is by ballot.

Section 40. Vote by Late-comer. A member who came in late during session but who happens to arrive while the voting is in progress, shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chair.

Section 41. Allowable Motion during Voting. Except for a motion pertaining to a question of quorum, no other motion shall be entertained by the Chair while voting is in progress.

Section 42. Tie Vote. A tie vote resulting from a vote in any motion, measure or proposal shall be construed to mean that the particular motion, measure or proposal is defeated, unless the Chair decided to break it. Exception to this rule is when a “motion to appeal from the decision of the Chair” put to a vote and it resulted to a tie. In this case, the tie vote is considered to sustain the decision of the Chair.

COMMITTEES

Section 1. Creation of Committee. The following rules shall be observed in the creation of committee

a. A regular standing committee may be created by a majority vote of all members of the sanggunian.

b. Special Ad-Hoc committees may be created upon the initiative of the Chair thru a motion by any member, subject however, to the affirmative votes of a majority of the members present, there being a quorum.

Section 2. Composition. Every regular committee to be created shall be composed of a Chairman, Vice Chairman and not more than three (3) members.

Section 3. Restrictions.

Section 3(a). The Presiding Officer shall not be a member of any regular committee. However, he may be designated by the Body as Chairman of the Ad-Hoc or Special Committee, provided that the purpose or task for which the committee is created does not involved legislative matters of policy-making.

Section 3(b). No persons other than the members of the sanggunian shall be made a member of any regular committee.

Section 3(c). No member of the sanggunian shall be made a Chairman or Vice Chairman of more than three (3) regular members .

Section 3(d). No member shall participate in the committee’s deliberation if he has direct or indirect personal pecuniary interest on the matter being handled by the committee.

Section 3(e). No member of the sanggunian shall be made a member of mote than six (6) regular committees.

Section 4. Committee Hearings and Public Hearings. No tax ordinance or revenue measure shall be enacted by this sanggunian in the absence of the public

Section 43. Breaking a Tie. In case of a tie, the Presiding Officer of the Sanggunian is allowed to cast his vote if he so desires. He is, however, precluded under existing laws to cast his vote in order to create a tie.

Section 44. Majority Vote of All Members. As provided under RA 7160 and its implementing rules and regulations, a “majority vote of all the members of the Sanggunian” is required in the following circumstances:

(a) Enactment of ordinance levying taxes, fees or charges prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or relief; (Sec. 458,RA 7160 par.2-ii);

(b) Adoption of the resolution authorizing the governor to negotiate and contract loans and other forms of indebtedness (par. 2-iii, Ibid);

(c) Enactment of ordinance authorizing the floating of bonds of their instruments of indebtedness for the purpose of raising funds to finance development projects. (par. 2-iv, Ibid);

(d) Adoption of resolutions authorizing the governor to lease to private parties such buildings held in a proprietary capacity subject to existing laws, rules and regulations (par. 2-v, Ibid);

(e) Enactment of ordinance granting a franchise to any person , partnership, corporation or cooperative to establish, construct, operate and maintain ferries, wharves, market or slaughter house or other similar activities within the municipality as may be allowed by applicable laws, provided, that cooperatives shall be given preference in the grant of such franchise. (par. 3-3-viii, Ibid);

(f) Adoption of resolution concurring with the appointment issued by the Governor to heads of department and offices as required under RA 7160. (Sec. 443, RA 7160, par. d).

Section 45. Majority Votes of the Members Present (thereby constituting a Quorum). Except as

hearing conducted by the committee concerned.

Section 5. Committee Meetings. As a general rule, a committee meeting shall be attended only by the Committee members unless a majority member thereof decided to allow other persons to be present specially invited resource persons or consultants.

Section 6. Committee Hearing distinguished from Committee Meeting. For purposes of this Internal Rules, a committee hearing is an activity of the sanggunian, thru its committees, wherein the general public particularly those representing different sectors that may be interested or affected by a proposed measure are invited to hear and be heard on that matter. This is synonymous to the term “public hearing”. On the other hand, a committee meeting, as the term implies, is a “meeting” of the members of the committee for the primary purpose of decision-making. Since decision-making is a different task, the committee is no precluded from inviting and seeking advice from technical persons.

Section 7. Quorum. A majority of all members of the committee shall constitute a quorum to do business.

Section 8. Calling Committee Meeting. A committee meeting shall be called by the following:

a) Chairmanb) Vice Chairman, if he is in

capacity of “acting Chairman”

c) Majority of the committee members provided, that due notice is served upon each and every committee member.

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Section 9. Vacancy. Vacancy in a committee shall be filled by a majority vote of all the members of the sanggunian.

Section 10. Appearance of the Head of Department/Office in the Committee

provided in Section 8 thereof, all other legislative matters or measures shall require only “majority votes of the members present therein having a quorum” for its passage, adoption or enactment, as the case may be.

Section 46. Plurality Vote. A decision of the Sanggunian thru a “plurality vote” shall be valid and enforceable if it is the result of an election of officers of the Sanggunian or members of the committees. No legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this Sanggunian through a mere plurality of vote.

Section 47. Percentage Vote. For purposes of this section, a 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 Chief Executive for any ordinances or resolutions, thereby making the particular ordinance or resolution effective for all intents and purposes. (Sec 54, RA 7160);

(b) Unless otherwise concurred in by two thirds (2/3) of the Sanggunian members present, there being quorum, no other matters may be considered at a special session except those stated in the notice. (Sec. 52 (d), RA 7160);

(c) The penalty of suspension or expulsion that may be imposed or meted out by the Sanggunian to an erring member shall require the concurrence of at least two-third (2/3 vote of all the members. (Section 50-b, RA 7160);

(d) With the concurrence of at least two-thirds (2/3) of all the members of the sanggunian, grant tax exemptions, incentives or relief to entities engage in community growth-including industries;

(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:

5. Motion to suspend the rules

6. Motion to expunge7. Motion to extend or limit

debate

Meetings. The following rules shall be observed in requesting for the appearance of Heads of Department of offices.

Section 10(a). Official invitation or request by any committee to appear before the meeting of any Head of Department of offices, whether local of national, shall be coursed through the Presiding Officer. The Presiding Officer shall then indorse it to the Head of local or national offices concerned.

Section 10(b). The invitation or request shall specify the reason of such appearance or the assistance needed, as the case may be.

RULE XIII

COMMITTEE REPORTS

Section 1. Submission of Committee Report. Every committee to which a particular measure is referred by the Presiding Officer shall submit its report in writing to the sanggunian, thru the Secretary, after finishing its task.

Section 2. Joint Committee or Multiple Committee Report. When a measure is referred to two or more committees, the committees concerned may submit a “Joint Committee Report” or “multi-committee report” as the case may be, or separate report thereon.

Section 3. Content of the Committee Report. The committee report shall contain the following information

- Name of the reporting committee or

committees

- Brief statement of the subject matter

referred to it and the action taken

thereon including information

gathered during the conduct of the

committee hearings or meetings and

the other relevant information

- Findings and conclusions

- Recommendations (either to “file it

away” or “to calendar it for

second reading”

- Names and signature for concurring

members

- Appendices (Minutes of the

8. Motion to call previous question

(f) At least two-thirds (2/3) negative votes 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 48. Abstentions. Indubitably, a member of the Sanggunian is representing the people and not necessarily his own self and as such he should be required to take a stand, one way or the other, on every issue on measure submitted for decision of the August Body. Hence, it is hereby made as a general rule that no member of the Sanggunian shall abstain from voting, except as provided under Section 5, Rule III of this Internal Rules of Procedures.

Abstention, if ever allowed to a member, 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 the equivalent of affirmative vote nor negative vote.

This rule does not apply in voting for elective positions if a member is qualified.

Section 49. Simple Majority. Except as otherwise provided in the Internal Rules of Procedure and existing laws, rules and regulations, a vote by “simple majority” shall prevail on other measures, motions or proposition provided there is a quorum. In parliamentary parlance the “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 XIIRULES ON DEBATES AND

AMENDMENTS

Section 50. Obtaining the floor. As a general rule, no member shall speak before this Sanggunian without first obtaining the floor and recognition from the Chair through the Floor Leader. A member who has obtained the floor shall address all his remarks or arguments to the Chair. He shall conduct himself with proper decorum by confirming his remarks or arguments to the questions under debate and by avoiding personalities.

Section 51. Sponsorship Speech.

committee hearings or

committee meetings, as the

case may be)

Section 4. Recommitting a Measure. When the sanggunian is not satisfied with the report of a particular committee on a measure referred to it, the same may be recommitted or return back to that committee, for further study.

Section 5. Calendar a Measure for Second Reading. After the committee has rendered its report and it recommending favorably the enactment of the proposed ordinance it has “report out”, a copy of the proposed ordinance shall be furnished to the Committee on Rules which shall calendar it for “second reading”. Before the said proposed ordinance is sponsored on the floor, the Committee Chairman concerned thereof shall furnish a copy to every sanggunian member.

Section 6. The committee shall be given fifteen (15) days to take action on the referral. Failure to act on the time required through a committee report, the Committee on Rules and Privileges shall have the option to calendar said item in the Business of the Day.

RULE XIV

THE DUTIES AND REPORTS OF THE COMMITTEE

Section 1. It shall be the duty of the permanent and special committees to hold sessions in order to study all matters transmitted to them, and submit to the Sangguniang Panlalawigan, the report together with the recommendation agreed only by a majority of its members and the dissenting votes which have been registered in writing within the period fixed by the committees concerned.

The said report shall be included in the Order of Business in the next session.

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Section 2. Report on Privileges subject shall be transmitted to the Sanggunian Panlalawigan while in session, either by the Chairman of the Committee

No member rendering a committee report or delivering the sponsorship speech shall for more than ten (10) minutes unless he is allowed by majority of the members present.

Section 52. Ten (10) Minutes Rule. No member shall speak for more than ten (10) minutes on a particular issue unless he is allowed to do so by the majority of the members present.

Section 53. Five (5) Minutes Rule. During the period of amendments, 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 54. Opening or Closing the Debate. The member rendering the committee report or delivering the sponsorship speech of a proposed measure may move to open or close the debate within the twenty (20) minutes period allowed to him. If he fails to exercise his option, “assume motion” to open or close the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his sponsorship speech relative to his proposed measure, it shall be considered open to debate.

Section 55. Interruptions on the Floor. While having the floor, a member may be interrupted in his speech or talk by the Presiding Officer or the Floor Leader 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 privilege.

Section 56. Privilege Motions. The speaker may also be interrupted by another member if the latter desires to ask questions thru his privilege to interpolate and by opposing the following motions:

- Point of Order- Point of Information- Point of Parliamentary Inquiry- Call for Order of the Day- Call for a Vote- Raise a Question of Privilege- Reconsider- Appeal from the Decision of the

Chair

Section 57. Conduct on having the Floor or Asking Question. All

or a duly authorized member thereof, and the same may not be withdrawn on petition of the chairman or committee itself without the consent of the Sangguniang Panlalawigan.

Section 3. The report submitted are unfavorable, then shall be transmitted to the archives together with the matters to which being referred, unless majority members present of the Sangguniang Panlalawigan shall be in the following session move for their inclusion in the calendar of ordinary business, in which case the president shall so order.

Section 4. Should any committee fail to render on any matters, ordinance or resolution referred to it within thirty (30) days after such reference, if the Sangguniang Panlalawigan is in session, or within ten (10) days in case of special session, majority of the members present of Sangguniang Panlalawigan may move, in writing, for its inclusion in the calendar or ordinary business and the president so ordered it.

Section 5. The motion for the study of any report submitted by the Committee on Rules shall always be in order, and while the report is pending consideration no motion may be entertained unless it be in motion to adjourn, but in case the motion is disapproved, no dilatory motion on the said report shall be admitted.

RULE XV

THE SPECIAL ORDER

Section 1. By means of motion approved by a majority of the members present, the Chair shall assign for consideration, as a special order, any matter which has been reported by a standing committee, or which does not require such report.

Section 2. If after the matter has been assigned for consideration, the Sangguniang Panlalawigan is unable to consider it on the appointing day, the said matter shall retain it corresponding place in the calendar for Special Orders unless the majority of the Sangguniang Panlalawigan present decide otherwise.

Section 3. Matter which the Sangguniang Panlalawigan may have already began to consider and whose consideration has been suspended without prior motion expressly requesting their

questions addressed to the speaker or the member having the floor must always be coursed through the Presiding Officer.

Section 58. Option of the Speaker while Interpolated. The speaker being interpolated may decline to answer questions, if he so desires.

Section 59. Speaking against Own Motion or Proposition. No member shall speak against his own motion or proposition. He may, however, be permitted to withdraw his motion or proposition and if his request to withdraw is denied, he may vote against it.

Section 60. Conduct while other having the Floor. 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 Chair through the Floor Leader.

Section 61. Order in Closing the Debate. A motion to close the debate is order if three (3) members have already spoken in all affirmative side and two (2) in the negative side, or only one (1) has spoken in favor but none against it.

Section 62. Assumed motion in Closing the Debate. Subject to the requirement of the preceding section, if no member moves to close the period of debate, the Chair muto propio, may use “assumed motion” in order to close the period of debate.

Section 63. Call for a Previous Question. When the motion “to call for a previous question” is proposed by a member which would result in the closing of the debate on a pending question, two-thirds (2/3) affirmative vote is hereby required.

Section 64. Deportment. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave his seat nor interrupt the former in his talk.

Section 65. Period of Amendments. After the period of debate has been closed, the period of amendments shall immediately follow.

Section 66. Process of Amendments. Unless a different method is adopted by the members present in a particular session, amendments to any proposed measure, or parts thereof, shall

postponement, shall occupy a place for reference in the calendar or special orders in the next sessions in the order in which they were called.

RULE XVI

STANDING COMMITTEES

Section 1. Standing Committees. The sanggunian shall create the following standing committees:

1. Committee on Youth, Sports, Games and Amusements:

The committee shall be composed of a Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Sports development

- Youth welfare and

development

- All matters affecting the youth

and sports development

2. Committee on Education and Information Technology

The committee shall be composed of a Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Formal and non-formal

education

- Educational facilities

- Operation of educational

institutions, both public and

private

- Technology and innovations

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be in seriatim. Under the paragraph or section by section and after each one is read, amendments can be proposed and debated upon. Thereafter, a vote is taken on proposed amendment. Eventually, this process will reach its conclusion and the original measure of the proposition is said to have passed the “second reading”.

RULE XIII

COMMITTEES

Section 67. Creation of Committee. The following rules shall be observed in the creation of committee:

(a)A regular standing committee may be created by a majority vote of all members of the Sanggunian;

(b)Special Ad-Hoc Committees may be created upon the initiative of the Chair thru a motion by any member, subject however, to the affirmative votes of a majority of the members present, there being a quorum.

Section 68. Composition. Every regular committee to be created shall be composed of a Chairman, Vice Chairman and not more than three (3) members.

Section 69. Restrictions:

(a)The Presiding Officer shall not be a member of any regular committee. However, he may be designated by the Body as Chairman of the Ad-Hoc or Special Committee, provided that the purpose or task for which the committee is created does not involved legislative matters of policy-making;

(b)No persons other than the members of the Sanggunian shall be made a member of any regular committee;

(c) No member of the Sanggunian shall be made a Chairman or Vice Chairman of more than three (3) regular committees;

(d)No member shall participate in the committee’s deliberation if he has direct or indirect personal pecuniary interest on the matter being handled by the committee;

(e)No member of the Sanggunian shall be made a member of more than six (6) regular committees.

- All matters related to

education and information

technology

3. Committee on Budget, Finance and AppropriationsThe committee shall be composed

of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions pertaining to or connected with the following:

- Loans and other sources of

local revenues

- Annual and supplemental

budgets

- Appropriation ordinances

- All matters related to local

taxation and fiscal administration

4. Committee on Ways and Means and Economic Enterprises

The committee shall be composed of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions pertaining to or connected with the following:

- Local taxes, fees and

charges

- Sources of local

revenues

- Passage of regulating

legislation to the operation of

economic enterprise

- All matters related to

local taxation and economic

enterprise

5. Committee on Agrarian Reform, Agriculture and Livelihood

The committee shall be composed of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions

Section 70. Committee Hearings and Public Hearings. No tax ordinance or revenue measures and other ordinances with penal sanctions shall be enacted by this Sanggunian in the absence of the public hearing conducted by the committee concerned.

Section 71. Committee Meetings. As a general rule, a committee meeting shall be attended only by the Committee members unless majority of the members thereof decided to allow other persons to be present specially invited resource persons or consultants.

Section 72. Committee Hearing distinguished from Committee Meeting. For purposes of this Internal Rules, a committee hearing is an activity of the Sanggunian, thru its committees, wherein the general public particularly those representing different sectors that may be interested or affected by a proposed measure are invited to hear and be heard on that matter. This is synonymous to the term “public hearing”. On the other hand, a committee meeting, as the term implies, is a “meeting” of the members of the committee for the primary purpose of decision-making. Since decision-making is a different task, the committee is no precluded from inviting and seeking advice from technical persons.

After the Committee conducts Committee Hearing, a committee meeting shall be convened by the appropriate/concerned committee for final action on matter/s treated during Committee Hearing.

Section 73. Quorum. In the case of a committee meeting, a majority of all members of the committee shall constitute a quorum to do business. While in the case of the committee hearing or public hearing, the chairman of the committee shall not be precluded to do business on the basis of lack of quorum.

Section 74. Calling Committee Meeting. A committee meeting shall be called by the following:

d) Chairmane) Vice Chairman, if he is in capacity of

“acting Chairman”f) Majority of the committee members

provided, that due notice is served upon each and every committee member.

pertaining to or connected with the following:

- Land acquisition and

distribution of private and

agricultural lands

- Agricultural production

- Agricultural facilities

- Development and agri-

business enterprise

- Livelihood projects

- All other matters related to

livelihood, agriculture including

plans, animals and agrarian

reform

6. Committee on Public Works and Infrastructure

The committee shall be composed of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions pertaining to or connected with the following:

- Construction maintenance and

repair of roads, bridges and

other government

infrastructure projects

- Measures that pertains to

drainage and sewerage system and

similar projects

- All matters related to public

works and infrastructures

7. Committee on Health and Social

Services

The committee shall be

composed of the Chairman, Vice

Chairman and three (3) members, to

which shall be rendered all matters

or questions pertaining to or

connected with the following:

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Section 75. Vacancy. Vacancy in a committee shall be filled by a majority vote of all the members of the Sanggunian.

Section 76. Appearance of the Head of Department/Office in the Committee Meetings. The following rules shall be observed in requesting for the appearance of Heads of Department of offices:

(a)Official invitation or request by any committee to appear before the meeting of any Head of Department of offices, whether local of national, shall be signed by the Presiding Officer or he may delegate it to the Chairman of the committee concerned;

(b)Invitation or request shall specify the reason of such appearance or the assistance needed, as the case may be.

RULE XIVCOMMITTEE REPORTS

Section 77. Submission of Committee Reports. Every committee to which a particular measure is referred by the Presiding Officer, shall submit its report in writing to the Committee on Rules, thru the Secretary, after completing its task. Copies of Committee Reports and other appurtenant attachments such as, but not limited to minutes of the committee meeting and/or hearing, notice of meeting, draft resolutions or ordinances must be submitted to the Committee on Rules as an integral part of the committee report not later than Friday at 12:00 o’clock noon. Moreover, the Committee on Rules thru its chair determines the number of reports to be reported by a committee to give equal time privilege to all committees.

Section 78. Joint Committee or Multiple Committee Report. When a measure is referred to two or more committees, the committees concerned may submit a “Joint Committee Report” or “multi-committee report” as the case may be, or separate report thereon.

Section 79. Content of the Committee Report. The committee report shall contain the following information:

- Name of the reporting committee or

(Res. No. 01..Page 15..)

- Health, sanitation and

hygiene

- Cleanliness and

beautification of the

community

- Proposed measure related

to hospitals, health

centers and health

programs

- Social welfare services

- All matters related to

health and social services

8. Committee on Women and Family

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Family welfare

- Family planning

- All other matters related

to women and family

9. Committee on Local Government

and Barangay Affairs

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Creation, division,

merging, abolition or

alteration of boundaries

of barangays

- Review of Municipal

Ordinances and

executive orders issued

committees- Brief statement of the subject

matter referred to it and the action taken thereon including information gathered during the conduct of the committee hearings or meetings and the other relevant information

- Findings and conclusions

- Recommendations (either to “file it away” or “to calendar it for second reading”)

- Names and signature for concurring members

- Appendices (Minutes of the committee hearings or committee meetings, as the case may be)

Section 80. Recommitting a Measure. When the Sanggunian is not satisfied with the report of a particular committee on a measure referred to it, the same may be recommitted or return back to that committee, for further study.

Section 81. Calendar a Measure for Second Reading. After the committee has rendered its report and it recommending favorably the enactment of the proposed ordinance or resolution it has “report out”, a copy of the proposed ordinance or resolution shall be furnished to the Committee on Rules which shall calendar it for “second reading”.

Section 82. Reglementary Period. The committee shall be given fifteen (15) days to take action on the referral. Failure to act on the time required through a committee report, the Committee on Rules and Privileges shall have the option to calendar said item in the Order of Business under the First Reading.

RULE XVTHE DUTIES AND REPORTS OF

THE COMMITTEE

Section 83. Duty of the Permanent and Special Committees. It shall be the duty of the permanent and special committees to hold meetings/hearings in order to study all matters transmitted to them, and submit to the Sangguniang Panlalawigan, the report together with the recommendation agreed only by a majority of its members and the dissenting votes which have been registered in writing within the period fixed by the committees concerned. The said

by the mayor concerned

- All other matters related

to Local Government and

Barangay Affairs

10. Committee on Rules and

Procedures

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Sanggunian Internal Rules,

Procedures and

violations thereof

- Order of Business and

Calendar of Business

- Disorderly conduct on

Members and

investigation thereof

11. Committee on Justice,

Human Rights and Public Safety

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Human Rights

- Prevention of human

rights violation

- All matters affecting

justice, human rights and

public safety

12. Committee on Legal Matters,

Resolutions, Ordinance and Style

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Enactment, revision or amendment of all kinds of

report shall be included in the Order of Business in the next session.

Section 84. Withdrawal of Report. The Committee report which was submitted to the Sangguniang Panlalawigan shall not be withdrawn on petition of the chairman or committee itself without the consent of the Sangguniang Panlalawigan.

Section 85. Report with Unfavorable Recommendation. The report submitted are unfavorable, then shall be transmitted to the archives together with the matters to which being referred, unless majority members present of the Sangguniang Panlalawigan shall be in the following session move for their inclusion in the calendar of ordinary business.

RULE XVISTANDING COMMITTEES

Section 86. Standing Committees. The Sanggunian shall create the following standing committees:

8. Committee on Youth, Sports, Games and Amusements:The committee shall be composed

of a Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Sports development- Youth welfare and development- All matters affecting the youth

and sports development

9. Committee on Education and Information Technology

The committee shall be composed of a Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Formal and non-formal education- Educational facilities- Operation of educational

institutions, both public and private- Technology and innovations- All matters related to education

and information technology

10. Committee on Budget, Finance and Appropriations

The committee shall be composed of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions pertaining to or connected with the

ordinance except appropriate ordinances.

- Exercise of legislative power (taxing power, police power, corporate powers and propriety rights)

- Legality of proposed

measures to be acted

upon by the sanggunian

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(Res. No. 01…

Page 16..)

- Review of ordinances and

certain resolutions

submitted by the

Municipalities

- Review of Municipal

Ordinances, Executive

Orders issued by the LGU

Chief Executive

13. Committee on Blue Ribbon and

Good Government

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Investigate administrative

charges against erring

elective officials and

public employees

- Organization and Management, personnel administration, position classification and pay plan, staffing patterns

- Creation of positions

- Policy formulation for the economical, efficient and

following:- Loans and other sources of local

revenues- Annual and supplemental

budgets- Appropriation ordinances- All matters related to local

taxation and fiscal administration

11. Committee on Ways and Means and Economic Enterprises

The committee shall be composed of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions pertaining to or connected with the following:

- Local taxes, fees and charges- Sources of local revenues- Passage of regulating

legislation to the operation of economic enterprise

- All matters related to local taxation and economic enterprise

12. Committee on Agrarian Reform, Agriculture and Livelihood

The committee shall be composed of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions pertaining to or connected with the following:

- Land acquisition and distribution of private and agricultural lands

- Agricultural production- Agricultural facilities- Development and agri-business

enterprise- Livelihood projects- All other matters related to

livelihood, agriculture including plans, animals and agrarian reform

13. Committee on Public Works and InfrastructureThe committee shall be composed

of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters and questions pertaining to or connected with the following:

- Construction maintenance and repair of roads, bridges and other government infrastructure projects

- Measures that pertains to drainage and sewerage system and similar projects

- All matters related to public

effective Local Government Administrations

- All other matters related to good governance

14. Committee on Cooperative, Non-Government Organization and Government Organization

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Cooperative Organization

and development

- Incentives to cooperatives

- Government and Non-

Government

Organizations

development

- Incentives to government

and non-government

organizations

- All matters affecting cooperatives, Government and Non-Government development programs

15. Committee on Public Utilities

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Operation of Public Utility

Vehicles

- All matters related to

public utilities

16. Committee on Labor and

Employment

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to

works and infrastructures

14. Committee on Health and Social Services

The committee shall be composed of the Chairman, Vice Chairman and three (3) members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Health, sanitation and hygiene- Cleanliness and beautification

of the community- Proposed measure related to

hospitals, health centers and health programs

- Social welfare services- All matters related to health

and social services

22. Committee on Women and Family

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Family welfare- Family planning- All other matters related to

women and family

23. Committee on Local Government and Barangay Affairs

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to

which shall be rendered all matters or questions pertaining to or connected with the following:- Creation, division, merging,

abolition or alteration of boundaries of barangays

- Review of Municipal Ordinances and executive orders issued by the mayor concerned

- All other matters related to Local Government and Barangay Affairs

24. Committee on Rules and Procedures

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Sanggunian Internal Rules,

which shall be rendered all matters or questions pertaining to or connected with the following:

- Creation of position

- Policy formulation for the economical, efficient and effective Local Government Organization

- Labor

- Employment and

Manpower Development

- Maintenance of Industrial

Peace and promotion of

employer-employee

cooperation

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(Res. No. 01…

Page 17..)

- Labor education,

standards and statistics

- Organization of the labor market including promotion, development, recruitment, training and placement of manpower here and abroad.

17. Committee on Indigenous People

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members to which shall be rendered all matters or questions pertaining to or connected with the following:

- Matters affecting

imminent domain

- Legislation as to the

preservation of cultural

minorities’ heritage

- All matters related to tribal

and cultural minorities

Procedures and violations thereof

- Order of Business and Calendar of Business

- Disorderly conduct on Members and investigation thereof

25. Committee on Justice, Human Rights and Public Safety

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Human Rights- Prevention of human rights

violation- All matters affecting justice,

human rights and public safety

26. Committee on Legal Matters, Resolutions, Ordinance and Style

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Enactment, revision or

amendment of all kinds of ordinance except appropriate ordinances

- Exercise of legislative power (taxing power, police power, corporate powers and propriety rights)

- Legality of proposed measures to be acted upon by the sanggunian

- Review of ordinances and certain resolutions submitted by the Municipalities

- Review of Municipal Ordinances, Executive Orders issued by the LGU Chief Executive

27. Committee on Ethics, Blue Ribbon and Good Government

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Investigate administrative

charges against erring elective officials and public employees

- Organization and Management, personnel administration, position classification and pay

18. Committee on Tourism and Beautification

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Promotion of Tourism

destination

- Linkages with other

Provinces, Municipalities,

and Cities here and

abroad

- All other matters related

to tourism affairs and

beautification

19. Committee on Trade and Commerce

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Establishment/ operation

of all kinds of trade and

commerce

- Measures that affect trade

and commerce

- Investment promotion

- Incentives to promote

trade and commerce

- All other matters related

to trade and commerce

20. Committee on Urban and Rural

Development

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

plan, staffing patterns- Creation of positions- Policy formulation for the

economical, efficient and effective Local Government Administrations

- All other matters related to good governance

28. Committee on Cooperative, Non-Government Organization and Government Organization

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Cooperative Organization and

development- Incentives to cooperatives- Government and Non-

Government Organizations development

- Incentives to government and non-government organizations

- All matters affecting cooperatives, Government and Non-Government development programs

29. Committee on Public UtilitiesThe committee shall be

composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Operation of Public Utility

Vehicles- All matters related to public

utilities

30. Committee on Civil Service, Labor and Employment

This committee shall be composed of the Chairman, Vice Chairman and three (3) Members to which shall be referred all matters or questions pertaining to or connected with the following:- Organization and management;

personnel administration, position classification and pay plan, and staffing pattern

- Creation of positions- Policy formulation for

economical, efficient and effective local government administration

- Labor

- All matters related to Urban and Rural Development

21. Committee on Natural Resources and Environmental Protection

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:

- Environmental Protection

- Air and water pollution

- Wanton destruction of the environment and its natural resources all matters affecting the environment

22. Committee on Muslim and Islamic Affairs

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the Muslim Affairs.

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(Res. No. 01…

Page 18..)

RULE XVII

JOURNAL AND RECORD OF PROCEEDINGS

Section 1. Record of Proceedings. The sanggunian shall keep a “journal and record” of its proceedings which may published upon resolution of the majority thereof.

Section 2. Minutes. In addition to the “journal of proceedings” which required by law (RA 7160) to keep, the sanggunian, thru its Secretary shall also record its proceedings in the form of a “minutes” which shall be submitted by the by the Secretary to the sanggunian for appropriate action.

- Employment and Manpower Development

- Maintenance of Industrial Peace and Promotion of Employer-employee cooperation

- Labor education, standards and statistics

- Organization of the Labor Market including promotion, development, recruitment, training and placement of manpower here and abroad.

31. Committee on Indigenous People

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members to which shall be rendered all matters or questions pertaining to or connected with the following:- Matters affecting imminent

domain- Legislation as to the

preservation of cultural minorities’ heritage

- All matters related to tribal and cultural minorities

32. Committee on Tourism and Beautification

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Promotion of Tourism

destination- Linkages with other Provinces,

Municipalities, and Cities here and abroad

- All other matters related to tourism affairs and beautification

33. Committee on Trade and Commerce

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Establishment/ operation of all

kinds of trade and commerce

- Measures that affect trade and commerce

- Investment promotion- Incentives to promote trade and

commerce- All other matters related to

Section 3. Reading and Consideration of Previous Journal of Proceedings. The journal of proceedings 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 journal of proceedings and act on it accordingly before the same is adopted and becomes its property. Consideration of the journal of proceedings shall not be dispensed with. Reading of the journal of proceedings “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 journal of proceedings already before they come to the session. In any case, the members present, one way or the other shall act upon the journal of proceedings submitted by the Secretary.

Section 4. Contents of Journal of Proceedings. The journal of proceedings shall contain the following information:

- Place, date and time of the session;

- Whether it is special or regular;

- Name of the members present

therein and those who

were absent;

- Action taken on the journal of proceedings of the previous session including the correction, if any, names of those who adopted the journal of proceedings under consideration and those who did not, if any;

- Text of every measure (resolution or

ordinance, etc.) adopted or

enacted;

- Brief resume of the minority opinion

if any;

- The “Ayes” and “Nays” or “Yes” or “No” vote on every question (measure) and if voting is done thru nominal or roll call vote; the names of those who vote on either side;

- All motions presented or proposed, whether lost or carried, except those withdrawn;

trade and commerce

34. Committee on Urban and Rural Development

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Housing Programs- Subdivision development/real

state development- Measures pertaining to land

uses- Zonification or Zoning Code

enactment- All matters related to Urban and

Rural Development

35. Committee on Natural Resources and Environmental Protection

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the following:- Environmental Protection- Air and water pollution- Wanton destruction of the

environment and its natural resources

- All matters affecting the environment

22. Committee on Muslim and Islamic Affairs

The committee shall be composed of a Chairman, Vice Chairman and three (3) Members, to which shall be rendered all matters or questions pertaining to or connected with the Muslim Affairs.

RULE XVII JOURNAL AND RECORD OF

PROCEEDINGS

Section 87. Record of Proceedings. The Sanggunian shall keep a “Minutes and Journal of Proceedings” which may be published upon resolution of the majority thereof.

Section 88. Journal of Proceedings. Journal of Proceedings shall be a substantially verbatim account of remarks made during the session subject

- Full text of the veto message of the Local Chief Executive, if any;

- Time of adjournment

Section 5. Signing of the Journal of Proceedings. The original copy of the journal of proceedings shall be signed by the members who adopted it at the appropriate space therein. The Presiding Officer at that particular session and the Secretary shall also sign or affix their signatures on the said journal of proceedings.

Section 6. Excerpts. Excerpts to be taken out of the journal of proceedings shall be certified and attested to as correct by the Secretary and the Presiding Officer on that particular session, respectively.

RULE XVIII

RULES ON MOTIONS

Section 1. All motions to a committee report, if presented or proposed by the reporting Committee Chairman, or the Committee Member, shall need “NO” second.

Section 2. If someone “has the floor”, whether or not he is speaking, a “motion to adjourn” shall be ruled “out of order”.

Section 3. All “privilege motions” may be proposed even if there is a pending motion or question before the Body.

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(Res. No. 01…Page 19...)

Section 4. The following motions can

be presented or proposed even if someone

has the floor, viz:

a) Appeal from the decision of the

Chair

b) Call for Orders of the Day

c) Divided the Assembly, Body (or

House, if any)

d) Divide the Question

e) Object to the consideration of a

Question

f) Point of Order

only to technical, grammatical and typographical corrections. Said record shall reflect in detail everything that has been said and done and read in the sessions in such a manner as to express faithfully everything that takes place therein. The Journal of Proceedings shall be submitted to the Sangguniang Panlalawigan for appropriate action.

Section 89. Minutes. Contain a succinct, accurate and narrative account of what has taken place in every session of the business conducted and actions taken by the Sangguniang Panlalawigan.

Section 90. Reading and Consideration of Previous Minutes. 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 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 members present, one way or the other, shall act upon the minutes submitted by the Secretary.

Section 91. Contents of Minutes. The Minutes shall contain the following information:

- Place, date and time of the session;- Whether it is special or regular;- Name of the members present

therein and those who were absent;

- Action taken on the journal of proceedings of the previous session including the correction, if any, names of those who adopted the journal of proceedings under consideration and those who did not, if any;

- Text of every measure (resolution or ordinance, etc.) adopted or enacted;

- Brief resume of the minority opinion if any;

- The “Ayes” and “Nays” or “Yes” or “No” vote on every question (measure) and if voting is done thru nominal or roll call vote; the names of those who vote on either side;

- All motions presented or proposed,

g) Point of Information

h) Point of Parliamentary Inquiry

i) Reconsider

j) Reconsider and have entered the

minutes

k) Raise a Question of Privilege

In other words, the foregoing

enumerated motions can be interrupt the

speaker.

Section 5. When there is no quorum present, a motion to adjourn or to take a recess is “in order” provided, that nobody else has the floor.

Section 6. Motion or question which were laid on the table may be taken up thru a motion that effect during that particular session or during the next regular session but not beyond.

Section 7. The following motions require a SECOND, viz:

a) Adjourn

b) Adopt a report or resolution, except when proposed by the reporting Committee Chairman or Member

c) Amend

d) Appeal from the decision of the

Chair

e) Commit or refer to a Committee

f) Expunge

g) Extend or limit the time for

debate

h) Fix the Time to which to adjourn

i) Lay on the Table

j) Postpone Indefinitely

k) Call for the Previous Question

l) Recess

m) Reconsider

n) Reconsider and have entered on

the Journal of Proceedings

o) Rescinds or Repeal

p) Suspend the Rules

q) Take from the Table

whether lost or carried, except those withdrawn;

- Full text of the veto message of the Local Chief Executive, if any;

- Time of adjournment

Section 92. Signing of the Minutes. The original copy of the minutes shall be signed by the members who adopted it at the appropriate space therein. The Presiding Officer, Pro Tempore or Temporary Presiding Officer at that particular session and the Secretary shall also sign or affix their signatures on the said minutes.

Section 93. Excerpts &Extract. Excerpts is to select a section or passage of the deliberation from the Journal of Proceedings and while extract is to obtain or to pull out something from the Journal of Proceedings shall be certified as correct by the Secretary and to be attested and approved by the Presiding Officer on that particular session.

RULE XVIIIRULES ON MOTIONS

Section 94. Motions to a Committee Report. All motions to a committee report, if presented or proposed by the reporting Committee Chairman, or the Committee Member, shall need “NO” second.

Section 95. Restriction on Motion to Adjourn. If someone “has the floor”, whether or not he is speaking, a “motion to adjourn” shall be ruled “out of order”.

Section 96. Privilege Motions. All “privilege motions” may be proposed even if there is a pending motion or question before the Body.

Section 97. Kinds of Privilege Motion. The following motions can be presented or proposed even if someone has the floor, viz:

a) Appeal from the decision of the Chair

b) Call for Orders of the Dayc) Divided the Body (or House, if any)d) Divide the Questione) Object to the consideration of a

Questionf) Point of Orderg) Point of Informationh) Point of Parliamentary Inquiryi) Reconsider

r) All main motions

Section 8. A motion to amend (amendment of a 1st degree) and motion to amend an amendment (amendment of the second degree) may be withdrawn but only before a decision is made thereon.

Section 9. A motion to amend is in order only up to the second degree. Thus, a motion to amend an amendment to an amendment is out of order.

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(Res. No. 01…Page 20...)

Section 10. A motion can be withdrawn only when it is not yet being discussed or debated upon the Body. Otherwise, any request to withdraw it shall require a vote by general consent and if there is an objection raised for its withdrawal, a majority vote of the members present is required.

RULE XIX

RULES OF PROCEDURE

Section 1 - Question of Procedure shall be:

FIRST : Those affecting the right of the Sangguniang Panlalawigan, its safety, dignity and the integrity of its proceedings;

SECOND : Those affecting the rights, reputation and conduct of any Member of the Sangguniang Panlalawigan, individually or collectively and shall have precedence overall questions, except motions to adjourn or call for a recess.

RULE XX

DISCIPLINARY ACTIONS

Section 1. Disciplinary actions on various offenses shall be covered by Article

j) Reconsider and have entered the minutes

k) Raise a Question of Privilege

In other words, the foregoing

enumerated motions can interrupt the

speaker.

Section 98. Motion to Adjourn or to take a Recess. When there is no presence of a quorum, a motion to adjourn or to take a recess is “in order” provided, that nobody else has the floor.

Section 99. Reconsideration on matters Laid on the Table. Motions or questions which were laid on the table may be taken up thru a motion. The discussions of which may be entertained immediately by the votes of the majority of the members present.

Section 100. Motions that require a SECOND. The following motions require a SECOND, viz:

a) Adjournb) Adopt a report or resolution,

except when proposed by the reporting Committee Chairman or Member

c) Amendd) Appeal from the decision of the

Chaire) Commit or refer to a Committeef) Expungeg) Extend or limit the time for debateh) Fix the Time to which to adjourni) Lay on the Tablej) Postpone Indefinitelyk) Call for the Previous Questionl) Recessm) Reconsidern) Reconsider and have entered on

the Journal of Proceedingso) Rescinds or Repealp) Suspend the Rulesq) Take from the Tabler) All main motions

Section 101. Rules on Motion of Amendment. A motion to amend (amendment of a 1st degree) and motion to amend an amendment (amendment of the second degree) may be withdrawn but only before a decision is made thereon.

Section 102. Restriction on Motion of Amendment. A motion to amend is in order only up to the second degree. Thus, a motion to amend an amendment to an amendment is out of order.

124, Rule XIX of Rules and Regulations Implementing Local Government Code 1991 (R.A. 7160)

RULE XXI

ATTENDANCE AND ATTIRE

Section 1 – Attendance in the Session Hall shall be the principal function of all members.

Section 1(a) - Punctuality and discipline during session shall be strictly observed by all members including the Vice Governor. For any member who comes late or who fails to arrive at the time of the Roll Call, one asterisk (*) shall be placed after his name in the attendance.

Section 1(b) – Members who are on official business during the said session shall submit an approved Official Travel Order to the Secretary to the Sanggunian before the start of the session in order for them to be considered as present.

Section 2 – All members of the Sangguniang Panlalawigan when attending session, must be in proper attire in consonance with the dignity and prestige of the Sangguniang Panlalawigan.

By proper attire means wearing of the following:

1. Barong Filipino, or

2. Coat, or

3. Long sleeves with tie or at least

4. Polo Barong for men

Section 3 - Formal attire for women is

whichever attire that looks proper and

becoming under the premises

RULE XXII

APPEARANCE OF GUESTS

Section 1 - At the instruction of the Presiding Officer or at least two members of the Sangguniang Panlalawigan or by the Body through appropriate resolutions, a request of appearance of any department heads or other officials of the provincial government before the Body shall be made in writing filed with the

Section 103. Motion to Withdraw. A motion can be withdrawn only when it is not yet being discussed or debated upon by the Body. Otherwise, any request to withdraw shall require a vote by general consent and if there is an objection raised for its withdrawal, a majority vote of the members present is required.

RULE XIX DECORUM AND DEBATE

Section 104. Formal reference to the Presiding Officer. Any reference to the presiding officer should be stated as, “Mr. President or Madam President”.

Section 105. Formal reference to Another Members. Addressing another member by his name should be avoided. Instead, it should be referred to as “The previous speaker” or “the gentleman who speak before me” or his/her honorable gentleman/lady….

Section 106. Relevance of Statement to Issue. All questions, discussions or statements by everybody in the group should be germane to the pending question or issue being deliberated upon.

Section 107. Refraining from personalities. Personalities shall be avoided at all times. It is the member’s proposal or motion that is at issue, not the member himself and avoids inflammatory words.

Section 108. Prohibited Acts and Language. Acts and language which offend a Sangguniang Panlalawigan Member or against any public institution:

a. No Sangguniang Panlalawigan Member, under any circumstances, shall use offensive, derogatory, and other improper language against another SP Member or against any public institution;

b. When a Sangguniang Panlalawigan Member, by word or by deed, violates any provision of the Internal Rules of Procedure, the President, by motu proprio or at the instance of another Sangguniang Panlalawigan Member may call him to order. The Sangguniang Panlalawigan Member concerned shall

Secretary to the Sanggunian. Moreover, persons maybe invited to appear in the session stating the purpose of his attendance, the documents and the necessary information needed by the Sangguniang Panlalawigan in aid of legislation.

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(Res. No. 01…Page 21...)

RULE XXIII

SUSPENSION OF RULES

Section 1. In any part of this “Internal Rules of Procedure”, except those prescribe by existing laws may be suspended at any particular session by two-third (2/3) vote of the members present therein.

RULE XXIV

SUPPLEMENTARY PROVISIONS

Section 1. In matters not provided in this House Rules, the Robert’s Rule of Order shall apply in supplementary manner.

RULE XXV

AMENDMENTS

Section 1. These rules shall take effect upon its adoption by the Sangguniang Panlalawigan

RULE XXVI

EFFECTIVITY

Section 1. These rules shall take effect immediately upon its adoption by the Sangguniang Panlalawigan.

immediately take his seat if he happens to have the floor; and, in case the point of order raised has been sustained by the Presiding Officer, said Sangguniang Panlalawigan Member shall not continue speaking without the consent of the Body;

c. When a Sangguniang Panlalawigan Member is called to order for using offensive, derogatory, and other improper language, any other Sangguniang Panlalawigan Member may ask that the objectionable words be read for the information and decision of the Body;

d. The Sangguniang Panlalawigan Member who has the floor shall confine himself/herself to the question under debate, avoiding personalities in all cases. He/she shall refrain from indecorous words or acts in all his/her remarks and speeches. If he/she persists, the Presiding Officer shall order him/her to desist from speaking and direct the Sergeant–At-Arms to escort the member concerned outside the Session Hall.

Section 109. Coursing remarks and questions to the Presiding Officer. All remarks of the speaker, questions to and answers by him, should be coursed through the Presiding Officer.

Section 110. Dress Code. The Barong Tagalog/slacks or western coat shall be the official attire of the male members of the Sanggunian and which shall be worn every Regular/Special Session of the Sanggunian. Lady members of the Sanggunian shall wear the Filipiniana dress, Barong Tagalog or any formal dress.

Section 111. Coming Late on Session. A member who comes late during session shall register his attendance to the Presiding Officer.

Section 112. Firearms and Smoking. Carrying of firearms or deadly weapons and smoking by any member or person is absolutely prohibited within and inside the session hall. The Sergeant-at-Arms shall ensure that this is enforced at all times.

Section 113. Influence of Liquor. No member of the Sanggunian shall attend sessions under the influence of liquor.

Section 114. Cellular Phones.

Cellular phones and other similar communication gadgets must be in silent mode during sessions.

RULE XX DISCIPLINARY ACTIONS

Section 115. Discipline of Members. Any violation committed under this House Rules, the Sangguniang Panlalawigan may punish its members, through the recommendation by the Committee on Ethics and Good Government, for which they may be censured, reprimanded, or excluded from the session.

Section 116. Requisites. The penalty of suspension or expulsion imposed shall require the concurrence of at least two thirds (2/3) vote of all the members of the Sanggunian. For other kinds of penalty only a majority vote of all the members of the Sanggunian shall suffice.

RULE XXIRULES OF PROCEDURE

Section 117 - Question of Procedure shall be:

FIRST : Those affecting the right of the Sangguniang Panlalawigan, its safety, dignity and the integrity of its proceedings;

SECOND : Those affecting the rights, reputation and conduct of any Member of the Sangguniang Panlalawigan, individually or collectively and shall have precedence overall questions, except motions to adjourn or call for a recess.

RULE XXIIATTENDANCE

Section 118. Attendance. Attendance in the Session Hall shall be the principal function of all members.

Section 119. Punctuality.

Punctuality and discipline during session shall be strictly observed by all members including the Vice Governor. For any member who comes late or who fails to arrive at the time of the Roll Call, one asterisk (*) shall be placed after his name in the attendance. If he/she leaves the session before adjournment he/she shall receive two asterisk (**) after his/her name.

RULE XXIIISUSPENSION OF RULES

Section 120. Suspension of the Rules. In any part of this “Internal Rules of Procedure”, except those prescribe by existing laws may be suspended at any particular session by two thirds (2/3) vote of the members present therein.

RULE XXIVSUPPLEMENTARY PROVISIONS

Section 121. References. In matters not provided in this Internal Rules of Procedure, the Robert’s Rule of Order, Rules of Procedure by other authors (Reverendo M. Dihan, Atty. Antonio Orendain) or any applicable rules maybe adopted.

RULE XXVAMENDMENTS

Section 122. Rules on Amending the Internal Rules of Procedure. This “Internal Rules of Procedure” may be amended at any Regular Session by a two-thirds (2/3) vote of all the members of this Sanggunian, provided that prior notice of such proposed amendment is given to all the members and provided further that no provision herein, which is based on, or prescribed by, existing laws shall be amended.

RULE XXVEFFECTIVITY

Section 123. Effectivity. These rules shall take effect immediately upon its adoption by the Sangguniang Panlalawigan.