Cagayan Province Board Adopts New Internal Rules

Republic of the Philippines
Province of Cagayan
Tuguegarao City
SANGGUNIANG PANLALAWIGAN
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE PROVINCIAL BOARD HELD
ON TUESDAY, JULY 5, 2016 AT THE SESSION HALL OF THE SANGGUNIANG PANLALAWIGAN,
PROVINCIAL CAPITOL, TUGUEGARAO CITY.
Present:
Hon. Melvin K. Vargas, Jr., Vice Governor and Presiding Officer

Hon. Jean Alphonse D. Ponce, Member
Hon. Cristopher T. Barcena, Member
Hon. Jesus Florencio A. Vargas, Member
Hon. Arnold T. Layus, Jr., Member
Hon. Vilmer V. Viloria, Member
Hon. Perla C. Tumaliuan, Member
Hon. Rosauro Rodrigo G. Resuello, Member
Hon. Karen Kaye T. Turingan, Member
Hon. Napoleon C. Sacramed, Member
Hon. Hilario Larry S. Ting, Member
Absent:
Hon. Maria Olivia B. Pascual, Member – (On Privilege Leave-Birthday MC #6)

Hon. Rodrigo C. de Asis, Member
RESOLUTION NO. 2016-9-001
RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OF THE 9TH SANGGUNIANG

PANLALAWIGAN OF THE PROVINCE OF CAGAYAN
WHEREAS, Section 50 of Republic Act 7160, otherwise known as “The Local

Government Code of 1991”, provides that the Sanggunian, within ninety (90) days
following the election of its members, shall adopt its Internal Rules of Procedure;
WHEREAS, in order to achieve a maximum degree of efficiency in the deliberation

of issues during sessions, it is imperative to adopt a new set of internal rules of procedure;
WHEREFORE, on motion of the Honorable Board Member Cristopher T. Barcena,

duly seconded, be it
RESOLVED, AS IT IS HEREBY RESOLVED, TO ADOPT THE INTERNAL RULES OF

PROCEDURE OF THE 9TH SANGGUNIANG PANLALAWIGAN OF THE PROVINCE OF CAGAYAN.
THE INTERNAL RULES OF PROCEDURE OF THE 9TH SANGGUNIANG PANLALAWIGAN OF THE

PROVINCE OF CAGAYAN
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RULE I
COMPOSITION
SECTION 1. This Sanggunian shall be composed of the Vice Governor as Presiding
Officer and as members, the following:
A. The ten (10) regular members consisting of three (3) Board Members from the
First District, three (3) Board Members from the Second District and four (4)
Board Members from the Third District;
B. The President of the Provincial Chapter of the “Liga ng mga Barangay”; and
C. The President of the Provincial Federation of Sanggunian Members of
Municipalities and Component Cities.
RULE II
POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIAN
SECTION 2. The powers, duties and functions of this Sanggunian shall be as follows:
A. Enact ordinances, approve resolutions and appropriate funds for the general
welfare of the province and its inhabitants pursuant to Section 16 of the Local
Government Code of 1991;
B. Enact ordinances; approve resolutions and appropriate funds pursuant to the

exercise of its corporate powers under Section 22 of the Local Government
Code of 1991;
C. Approve ordinances and pass resolutions necessary for the efficient and
effective governance and in this connection shall:
1. Review all ordinances approved by the Sanggunians of component

cities and municipalities and executive orders issued by the Mayors of
said component units to determine whether these are within the scope
of the prescribed powers of the Sanggunian and of the Mayor;
2. Maintain peace and order by enacting measures to prevent and

suppress lawlessness, disorder, riot, violence, rebellion or sedition and
impose penalties for the violation of said ordinances;
3. Approve ordinances imposing a fine not exceeding five thousand pesos

(P5,000.00) or imprisonment not exceeding one year, or both in the
discretion of the court, for the violation of a provincial ordinance;
4. Adopt measures to protect the inhabitants of the province from the

harmful effects of manmade or natural disasters and calamities, and to
provide relief services and assistance for victims during and in the
aftermath of the disasters and calamities and their return to productive
livelihood following said events;
5. Enact ordinances intended to prevent, suppress and impose

appropriate penalties habitual drunkenness in public places, vagrancy,
mendicancy, prostitution, establishment and maintenance of houses of
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ill repute, gambling and other prohibited games and chance,
fraudulent devices and ways to obtain money or property, drug
addiction, maintenance of drug dens, drug pushing, juvenile
delinquency, the printing, distribution or exhibition of obscene or
pornographic material or publications, and such other activities inimical
to the welfare and morals of the inhabitants of the province;
6. Protect the environment and impose appropriate penalties for acts

which endanger the environment, such as dynamite fishing, illegal
logging and smuggling of logs, smuggling of natural resources products
and of endangered species of flora and fauna, slash and burn farming,
and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological imbalance;
7. Subject to the provisions of this Code and pertinent laws, determine the
powers and duties of officials and employees of the province;
8. Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or
mainly from provincial funds and provide for expenditures necessary for
the proper conduct of programs, projects, services, and activities of the
provincial government;
9. Authorize the payment of compensation to a qualified person not in the

government service who fills up a temporary vacancy, or grant
honorarium to any qualified official or employee designated to fill a
temporary vacancy in a concurrent capacity, at the rate authorized by
law;
10. Provide a mechanism and the appropriate funds therefor, to ensure the
safety and protection of all provincial government properties, public
documents, or records such as those relating to property inventory, land
ownership, records of births, marriages, deaths, assessments, taxation,
accounts, business permits, and such other records and documents of
public interest in the offices and departments of the provincial
government; and
11. When the finances of the provincial government allow, provide for
additional allowances and other benefits to judges, prosecutors, public
elementary and high school teachers, and other national government
officials stationed or assigned to the province.
D. Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the province as
provided for under Section 18 of the Local Government Code, with particular
attention to agro-industrial development and country-wide growth and
progress relative thereto, shall:
1. Enact the annual supplemental appropriations of the provincial

government and appropriate funds for specific programs, projects,
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services and activities of the province, or for other purposes not contrary
to law, in order to promote the general welfare of the province and its
inhabitants;
2. Subject to the provisions and limitations as provided in Book II of the

Local Government Code and applicable laws, and upon the majority
vote of all the members of the Sanggunian Panlalawigan, do the
following:
i. Enact ordinances levying taxes, fees and charges,

prescribing the rates thereof for general and specific
purposes, and granting tax exemptions, incentives or reliefs;
ii. Authorize the provincial governor to negotiate and

contract loans and other forms of indebtedness;
iii. Enact ordinances authorizing the floating of bonds or other

instruments of indebtedness, for the purpose of raising funds
to finance development projects;
3. Appropriate funds for the construction and maintenance or the rental

of buildings for the use of the Province; and upon the majority vote of
all the members of the Sangguniang Panlalawigan, authorize the
provincial governor to lease to private parties such public buildings held
in a proprietary capacity, subject to existing laws, rules and regulation;
4. Prescribe reasonable limits and restraints on the use of property within

the jurisdiction of the province;
5. Review the comprehensive land use plans and zoning ordinances of

component cities and municipalities and adopt a comprehensive
provincial land use plan, subject to existing laws; and
6. Adopt measures to enhance the full implementation of the National

Agrarian Reform Program in coordination with the Department of
Agrarian Reform.
E. Subject to the provisions of Book II of the Local Government Code, grant

franchises, approve the issuance of permits or licenses, or enact ordinances
levying taxes, fees and charges upon such conditions and for such purpose
intended to promote the general welfare of the inhabitants of the province,
and pursuant to this legislative authority, shall:
1. Fix and impose reasonable fees and charges for all services rendered
by the provincial government to private persons or entities; and
2. Regulate and fix the license fees for such activities as provided for under
the Local Government Code.
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F. Approve Ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of the Local
Government Code, and in addition to said services and facilities, shall:
1. Adopt measures and safeguards against population and for the

preservation of the natural ecosystem in the province, in consonance
with approved standard on human settlements and environmental
sanitation;
2. Subject to applicable laws, facilitate or provide for the establishment

and maintenance of a waterworks system or district waterworks for
supplying water to inhabitants of component cities and municipalities;
3. Subject to the availability of funds and to existing laws, rules and

regulations, provide for the establishment and operation of vocational
and technical schools and similar post-secondary institutions; and, with
the approval of the Department of Education, and subject to existing
laws on tuition fees, fix reasonable tuition fees and other school charges
of educational institutions supported by the provincial government;
4. Establish a scholarship fund for the poor but deserving students in

schools located within its jurisdiction or for students residing within the
province;
5. Approve measures and adopt quarantine regulations to prevent the

introduction and spread of diseases within its territorial jurisdiction;
6. Provide for the care of paupers, the aged, the sick, persons of unsound
mind, abandoned minors, abused children, persons with disability,
juvenile delinquents, drug dependents, and other needy and
disadvantaged persons, particularly children and youth below eighteen
(18) years of age; subject to availability of funds, establish and support
the operation of centers and facilities for said needy and
disadvantaged persons; and facilitate efforts to promote the welfare of
families below the poverty threshold, the disadvantaged and the
exploited;
7. Establish and provide for the maintenance and improvement of jails

and detention centers, institute a sound jail management program, and
appropriate funds for the subsistence of detainees and convicted
prisoners in the province;
8. Establish a provincial council whose purpose is the promotion of cultural
arts, coordinate with government agencies and non-governmental
organization and, subject to the availability of funds, appropriate funds
for the support and development of the same;
9. Establish a provincial council for the elderly which shall formulate

policies and adopt measures mutually beneficial to the elderly and to
the province; and subject to the availability of funds, appropriate funds
to support programs and projects for the elderly; and provide incentives
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for non-governmental agencies and entities to support the programs
and projects of the elderly;
G. Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.
RULE III
DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS
SECTION 3. Every member of the Sanggunian shall make a full disclosure of their
financial and business interests upon assumption to office. He/she shall also disclose any
business, financial or professional relationship or any relation by affinity or consanguinity
within the fourth civil degree, which he/she may have with any person, firm or entity
affected by any ordinance or resolution under consideration by the Sanggunian of which
he/she is a member, which relationship may result in conflict of interest.
The disclosure shall be made before the member participates in the deliberations
on the Ordinance or Resolution under consideration, unless the member did not
participate in the deliberations, in which case, the disclosure shall be made before voting
on the Ordinance or Resolution on second and third readings. Moreover, disclosure shall
be made when a member takes a position or makes a privilege speech.
SECTION 4. Every member shall attend all the sessions of the Sanggunian and all
committee hearings/meetings unless he/she is prevented from doing so by reason of
sickness or other unavoidable circumstances provided that as a general rule, previous
notice thereto shall be sent to the Sanggunian members through the Presiding Officer or
the Secretary (for sessions) or the Committee Chairperson (in case of committee
hearings/meetings).
SECTION 5. As a general rule, every member is required to vote on every question

or proposed measure being voted upon by the Sanggunian. Abstentions may only be
allowed if it can be shown that the member concerned has a pecuniary interest either
directly or indirectly on the matter being acted upon by the Body.
SECTION 6. Every member shall observe proper deportment and decorum during
sessions and shall judiciously observe these internal rules of procedure.
RULE IV
THE PRESIDING OFFICER
SECTION 7. The Vice Governor shall be the Presiding Officer of the Sanggunian and
as such shall have the following rights and duties:
a. To preside over the sessions of this Sanggunian;

b. To exact from all the members present during the session, proper
deportment and decorum;
c. To enforce the internal rules of procedure of this Sanggunian;
d. To maintain order during sessions and render a ruling on questions of order
subject to appeal by the member concerned to the Body for final decision;
e. To sign all acts, ordinances, resolutions, memorials, writs, warrants, and all
other legislative documents, paper or checks requiring his signature;
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f. To declare a recess during sessions anytime he/she deems it necessary
provided, that the duration of the recess shall not exceed fifteen (15)
minutes. However, a recess of more than fifteen (15) minutes is allowed only
in the instance provided for under the second paragraph of Section 30 of
the Rules;
g. To declare the session adjourned to some other date, time and place in
cases of extreme emergencies, serious and uncontrollable disorder, public
disturbances and other unavoidable circumstances;
h. To vote but only to break a tie. Hence, he/she cannot vote if his/her vote
will create a tie. His/her act of voting is a right and not a duty. Hence,
he/she may waive the exercise of this right;
i. To relinquish the chair to the Temporary Presiding Officer who shall be
elected by the members of the Sanggunian present, but only if he/she is
going out of the session hall for whatever reason; and
j. To exercise all powers and perform such other functions as may be
provided by law, ordinance or regulation.
SECTION 8. The Presiding Officer shall certify ordinances enacted or resolutions

adopted by the Sanggunian in the session over which he/she presided within ten (10)
days from the passage of the same.
SECTION 9. The Presiding Officer may, motu propio relinquish the chair temporarily
to any member of the Sanggunian if he/she would like to go down the floor and
participate in the deliberation in his/her capacity as a regular constituent member.
RULE V
THE TEMPORARY PRESIDING OFFICER
SECTION 10. In the absence, inability and in the event that the Regular Presiding
Officer temporarily relinquishes his/her chair, the members present, thereby constituting
a “quorum”, shall elect from among themselves a “Temporary Presiding Officer”
(hereinafter referred to as the “TPO”). While acting temporarily as Presiding Officer, the
TPO does not lose his or her status as a regular member including his/her rights and
prerogatives.
SECTION 11. The TPO shall certify ordinances enacted or resolutions adopted by
Sanggunian in the session over which he/she temporarily presided within ten (10) days
from the passage of the same, failure to certify within such period shall have the effect
of nullifying the approval of the measure and the measure may be reintroduced in
succeeding sessions of the Sanggunian to be voted upon immediately, without need of
deliberation, as if it were being considered on “third reading”.
SECTION 12. While Presiding, the TPO, shall have no right to vote except when to
break a tie subject to Section 13 hereof.
SECTION 13. The TPO may, motu propio relinquish the chair temporarily to any
member of the Sanggunian of his/her choice if he/she would like to go down the floor
and participate in the deliberation in his/her capacity as a regular constituent member.
RULE VI
FLOOR LEADER
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SECTION 14. There shall be an assigned Floor Leader who shall facilitate the orderly
conduct of everyday business and direct the deliberations on the floor.
SECTION 15. The Presiding Officer shall designate from among the members of the
Committee on Rules, the Floor Leader.
SECTION 16. The Floor Leader shall conduct pre-caucuses with the members of the
Sanggunian to get the pulse of the majority on issues to be deliberated upon on the next
regular session and to gather or give information, advice and/or instructions that will help
him/her discharge his/her duties and functions effectively.
SECTION 17. In the absence of the Floor Leader, any member of the Sanggunian,
duly nominated and elected by majority of its members, there being a quorum, shall
temporarily discharge the duties and functions of the Floor Leader until the Floor Leader
arrives.
RULE VII
THE SANGGUNIAN SECRETARY
SECTION 18. In addition to his/her functions and duties expressly provided for under
Section 469 the Local Government Code of 1991, the Secretary to the Sanggunian shall
supervise all the work and ensure the proper discharge of duties and functions of the
Office of the Board Secretary and its staff. This shall include, among others, the
preparation and dissemination of ‘invitations to attend session/committee hearing’ to
resource persons, requesting parties of any request included in the calendar of business
or any competent person from the executive department (for requests coming from the
executive department) who will enlighten the Sanggunian on the matter under
consideration.
RULE VIII
REGULAR AND SPECIAL SESSIONS
SECTION 19. SECTION 19. The Sanggunian shall hold regular sessions within the
Provincial Capitol every Wednesday beginning at exactly ten o’clock in the morning
(10:00 AM), except for the last week of every month which regular session shall be held
outside the Provincial Capitol every Monday beginning at exactly one o’clock in the
afternoon (1 PM) ”(As amended by Sp Resolution No. 2017-9-410 approved on May 3,
2017.
SECTION 20. Special sessions may be called by the Governor, the Vice Governor,
or by a majority of the members of the Sanggunian.
SECTION 21. A written notice to the Sanggunian members stating the date, time
and purpose of the session, shall be served personally or left with his /her secretary/staff
in his/her office or with a member of his/her household at his/her residence, or with an
employee in his/her professional office, at least twenty four (24) hours before the special
session.
SECTION 22. Unless otherwise agreed upon by two-thirds (2/3) vote of the members
present there being a quorum, no other matter may be considered in a special session
except those stated in the notice.
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SECTION 23. All sessions shall be open to the public unless a close-door session is
ordered by an affirmative vote of majority of the members present, there being a
quorum, if the public interest warrants it or for reasons of security, decency or morality.
SECTION 24. No two (2) sessions, whether regular or special, may be held in a single
day.
SECTION 25. Sessions Outside the Provincial Capitol. - To bring the local legislative
body closer to the people, the Sanggunian, upon motion, and approval by the majority
of all the members, may conduct regular or special sessions, in the component
municipalities or barangays outside the provincial capitol.
SECTION 26. “Adjourned Session” may be held:
a) Through the initiative of the Presiding Officer by using the “assumed

motion”; or by 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.
b) By a majority of the members present in any regular or special session,
there being a quorum in order to finish very important business that
needs immediate action.
SECTION 27. Recording of Opening and Adjournment. The exact time of the
opening and adjournment of a session shall be entered in the minutes; provided that
“sine die” adjournment shall be indicated.
RULE IX
QUORUM
SECTION 28. A majority of all members of the Sanggunian as enumerated under

Section 1 Rule I of the Rules shall constitute a quorum to transact official business.
SECTION 29. In computing the existence of a quorum, the term “majority” shall
exclude the following:
- A member who is abroad;

- A member who is on official leave of absence;
- A deceased member;
- A member who has resigned or is permanently incapacitated to discharge
the functions of his/her office;
- A member who has been suspended;
- A member who was expelled or removed by final judgment.
SECTION 30. No quorum at the start of the session. When the appointed time has
come to start the regular session, the Presiding Chairperson in the person of the Regular
Presiding Officer or TPO, as the case may be, shall call the session to order, with or without
a quorum.
In the absence of a quorum after calling the session to order, the Presiding
Chairperson may perform any of the following:
a. He/she may adjourn the session from hour to hour if he/she would like to wait
for other members who may be late in coming to the session;
b. He/she may adjourn the session from day to day; or
c. He/she may adjourn the session for lack of quorum.
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SECTION 31. No quorum during the session which was started with a quorum.
During a session which started with a quorum and a question on the absence of a
quorum is raised by any member, the Presiding Chairperson shall immediately cause the
reading of the roll of members and announce the result thereof and then declare
whether or not there exists a quorum.
In the absence of a quorum, the Presiding Chairperson 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 to 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 member absent and the present him/her at the session hall.
If there is still no quorum despite the enforcement of the above remedial

measures, the Presiding Officer or TPO 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 X
ORDER OF BUSINESS
SECTION 32. The Order of Business of this Sanggunian shall be as follows:
a) Call to Order
b) Roll Call
c) Consideration and approval of previous minutes
d) Reading and referral of proposed measures or communications
e) Committee Reports
f) Calendar of Business
- Unfinished Business
- Business of the Day
- Unassigned Business
g) Privilege Hour
h) Question Hour
i) Announcement/Information matters
j) Adjournment
SECTION 33. Every session shall commence with a prayer or meditation, or at the
discretion of the Presiding Officer, an invocation by any Sanggunian member
designated, followed by the singing of the National Anthem and the Cagayan Hymn.
SECTION 34. Calendar of Business. The Calendar of Business shall be prepared by

the Committee on Rules through its Chairperson and upon the approval of the Regular
Presiding Officer or the TPO, in the absence of the Regular Presiding Officer. A copy
thereof shall be furnished to every member of the Sanggunian in not less than one (1)
day before the date of the regular session. The Presiding Officer shall cause the Office of
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the Secretary to the Sanggunian to provide the necessary administrative support or
secretarial services to the Committee on Rules and other standing or special committees.
SECTION 35. The Calendar of Business shall contain the following:
a. Unfinished Business – refers to proposals or measures that have been left

unacted upon, postponed, or left unfinished during the previous
meeting or session. This also includes items of business left unfinished or
unacted upon at the end of the previous administration;
b. Business of the Day – refers to a list or items that have been reported out
by committees that are ready for deliberation on “second reading” as
determined by the Committee on Rules. This also includes those items
for the body’s session on “third & final reading”;
c. Unassigned Business – refers to pending matters or measures including

new ones that arose during the deliberation but not yet assigned or
referred to any Committee for appropriate action.
All matters emanating from the different departments of the executive

branch of the Provincial Government, as well as from other offices and agencies,
may not be considered in the Calendar of Business unless the department head
concerned or his/her authorized representative knowledgeable thereon, be
present during the deliberation of such matter to answer queries and clarify issues,
if there be any.
SECTION 36. The Calendar of Business shall contain a brief description of the item
of business to be taken up during the regular session including but not limited to the
following:
a. The title of the proposed ordinance or resolution;
b. The name of the sponsor or authors and Committee to which it was

referred or the Committee sponsoring it;
c. In case of petitions, letters, endorsements and other communications,

the source or the name of the senders.
SECTION 37. In rendering Committee Reports, priority shall be given to standing

Committees (a.k.a. Regular Committees) to be followed by special Committees (a.k.a.
Ad-Hoc Committees).
SECTION 38. As a general rule, the Committee Reports shall be rendered by its
Chairperson, unless he/she dissents with the majority decision. In his/her absence, the
Vice Chairperson shall take his/her place. If neither of them is present, any Committee
member concurring with the report shall render the report.
SECTION 39. If the reporting Committee recommends a favorable action on the

measure referred to it or if the reporting Committee recommends the proposed measure
for appropriate action by the Sanggunian, the Committee on Rules shall calendar it for
“second reading”. If the reporting Committee’s recommendation is for the Sanggunian
not to take action and the body has adopted that recommendation, the proposed
measure remains shelved in the Committee. If the reporting Committee’s
recommendation is for the Sanggunian to file the proposed measure away and that
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recommendation has been adopted, then it is “filed away” which means that the
proposal will be filed in the archive of the Sanggunian.
SECTION 40. As a general rule, no member of a Reporting Committee shall oppose

or object to the report of his/her Committee unless he/she submits his/her dissenting
opinion to the majority decision in writing or orally in open session before the said
committee renders its report. Otherwise, he/she shall be precluded to oppose it on the
floor. His/her vote thereon, for or against, shall be taken on its face, for the purpose of
determining compliance with the required number of votes for a valid passage of an act
of the Sanggunian.
The reason/s given by a Committee member for his/her change of position shall
be deemed satisfactory if not challenged in the same session by any member of the
Sanggunian. The challenge, if any, shall consist only in the change of position if malicious
in any manner and the challenge shall specify the circumstance constituting the malice.
No debate shall be allowed on the matter which shall be forthwith referred to the
Committee on Ethics and Discipline.
SECTION 41. Deviation from the prescribed order of business may be done only
under the following circumstances:
a) When the Sanggunian decides to suspend the Rules through an

“assumed motion” by the Presiding Officer or through a motion to
suspend the rules by a member. In any case the decision to suspend the
Rules shall require a vote of at least 2/3 vote of the members present.
b) When the measure to be acted upon by the Sanggunian is certified

by the Governor as urgent, it shall have priority over all other items of
business, and shall be considered without need of suspending the rules
even if it is not included in the calendar of business.
SECTION 42. Municipal Matters. Ordinances, Resolutions or Executive Orders of

municipalities forwarded to this Sanggunian for review shall be included in the calendar
of business for the immediately ensuing session. Should the Calendar of Business be
already prepared, the same shall be taken up by the Sanggunian under Other Matters.
The Sanggunian may refer said Municipal Ordinance, Resolution or Executive

Order to a Committee or Committees. Assistance of the Provincial Legal Officer,
Provincial Prosecutor or any other appropriate office may be secured to guide the
members of the Sanggunian on issues that the said offices may be expert on. However,
in no case may the opinion rendered by the said offices be conclusive. For simple, clear
and indubitable matters, the same may be disposed of immediately by the Sanggunian,
by:
a) approving the same if it appears to be within the powers of municipality to

pass;
b) declaring the same fully or partly void, stating the reasons therefore; or
c) merely “noting” it if there appears to be no need of approval or disapproval
SECTION 43. Other Matters. As a rule, no matter shall be taken up in the Session,
unless it is included in the Calendar of Business. Other matters may however be taken up,
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discussed, approved or disapproved or otherwise acted upon even when they are not
included in the calendar of business in the following situations:
a) When they fall under the exceptions provided in these Rules;

b) When a majority of the Sanggunian members present, there being a quorum,
decide to take them up; and
c) Upon the urgency of the matter as certified by the Governor.
RULE XI
LEGISLATIVE PROCESS
SECTION 44. Rules in the enactment of Ordinance and adoption of Resolutions. In

the enactment of ordinances and adoption of resolutions including other matters
requiring legislative actions, the following rules shall be observed:
a. Legislative actions of a general and permanent character shall be enacted in

the form of ordinances. These measures shall include
1. Annual appropriation ordinance;
2. All matters requiring the expenditure of public funds;
3. Creation and abolition of offices or positions in the Provincial Government; and
4. Legislation intended to be an exercise of police power, power of taxation and

power of eminent domain of the Provincial Government.
b. Those that are of temporary character shall be passed in the form of resolutions.
Matters relating to proprietary functions and to private concerns shall also be
acted upon by resolution, such as, but not limited to the following:
1. A mere statement of sentiment, position or desire of the Sanggunian;
2. Requests and endorsements made by the Sanggunian;
3. Approval of the official acts of the Governor; and
4. All other matters not falling under the immediately preceding paragraph.
Item by item, realignment of funds in the budget of other existing appropriations

may be made by resolution but shall not become effective until the necessary
supplemental budget is passed.
SECTION 45. No tax ordinance or revenue measure shall be enacted by the

Sanggunian in the absence of a public hearing duly conducted by the Committee
concerned.
SECTION 46. Form of Ordinances and Resolutions. All ordinances and resolutions in
final form shall be in writing and shall contain an assigned number made in chronological
order and prefixed with the year of passage, a title or caption, an enacting or ordaining
clause, a substantive or dispositive clause, and the date of effectivity, when appropriate.
In addition, every ordinance or resolution shall be accompanied by a brief explanatory
note or a “whereas clause” containing the justification of its approval.
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In general, proposed resolutions and ordinances shall be in written form, more or
less following the requirements of the next preceding paragraph, provided that
resolutions involving simple, clear or indubitable issues may be taken up upon oral
presentations of the proponent. The issue as to whether a proposed resolution may be
taken up upon oral presentation shall be decided without debate by a majority of the
Sanggunian Members present.
SECTION 47. Procedure in Passing an Ordinance or Resolution. An Ordinance

should follow the so-called “three-reading principle”, commonly adopted in legislative
bodies. Hence, as a general rule, before an ordinance is finally enacted, it shall undergo
the following stages:
a) First Reading. At this stage, the Secretary shall read the title of the proposed
draft ordinance and the name of the author or authors or the names of the members
introducing it. The same shall be referred to the appropriate Committee or Committees
by the Presiding Chairperson or upon motion of any member. At this stage, no debate
shall be allowed. A request for co-authorship or co-sponsorship is allowed at this stage
provided that the requesting party manifests the same in plenary and the principal
author/sponsor consents thereto.
No ordinance or resolution shall be calendared for first reading unless a draft
thereof is provided by its author/s.
b) Second Reading. At this stage, any proposed Ordinance that has already
been reported out by the concerned Committee and has been calendared by the
Committee on Rules for “second reading” may be sponsored by the reporting
Committee Chairperson, or his/her Vice Chairperson, or any Committee Member
designated for that purpose. Other members of the Sangguniang Panlalawigan who wish
to be included as co-sponsors/co-authors of an ordinance may be included as such
provided that the requesting party manifests the same in plenary and the principal
author/sponsor consents thereto.
Since every member of the Sanggunian is supposed to have been furnished the
copy thereof, the proposed ordinance may no longer be read in full unless the sponsoring
Committee or the Sanggunian itself decides otherwise.
The Committee to which the proposed measure had been referred shall then
make its initial statement, that is, as to whether it is
(1) Favorably reporting back the proposed measure without (or with mere
insubstantial) amendments;
(2) Favorably reporting back the proposed measure with substantial
amendments; or
(3) Reporting back the measure with recommendation to stop further
consideration of the measure.
In case of Paragraph (1) above, a sponsorship speech may be made by the

author or sponsor or, upon his/her permission or request from the Chairperson or any
Member of the Committee to which the measure was referred.
In case of Paragraph (2) above, the author or sponsor may decide to adopt the
amendments made by the Committee. In such a case further proceedings shall be in
accordance with rules on debate and amendments provided in these Rules. However,
should the author or sponsor of the measure not accept the amendments he/she shall
cease to be the author or sponsor of the measure being presented, and the Committee
shall become the sponsor, Further proceeding shall be in accordance with these Rules
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and the original author or sponsor, as any other member, may propose amendments
including the adoption of his/her original proposals.
In case of Paragraph (3) above, no further discussion shall be made thereon, but
the author or sponsor may appeal to the Sanggunian for further consideration of the
measure as proposed by him/her. By a majority vote of the members present, the
Sanggunian may schedule another “second” reading of the same (without the above
preliminaries) in succeeding sessions. If any of his/her proposed amendment is accepted,
he/she shall have the option of regaining his/her authorship.
After the usual sponsorship speech has been delivered, the proposed ordinance
shall be subjected to the following:
- Period of Debate
- Period of Amendment
- Approval on ”second reading”
c) Third Reading. At this stage, the proposed Ordinance shall be presented as

amended in accordance with the rules on second reading. The Secretary shall read its
number, title and the name of its sponsor/s or co-sponsor/s, if any. Immediately thereafter,
the Presiding Chairperson shall put the proposed ordinance to vote. The Presiding
Chairperson shall then formally announce the result thereof and direct the Secretary to
enter it in the record.
On third reading, no further amendments shall be considered and no debate shall

be allowed. However, a member of the Sanggunian may speak against the adoption of
the proposed measure for not more than five (5) minutes. No interpellation shall be
allowed and a division of the house shall be forthwith undertaken. No request for co-
authorship/co-sponsorship is allowed at this stage.
No measure shall be considered on “third reading” unless printed copies thereof

in its final form have been given to the members of the Sanggunian at least one working
day before its passage. A copy of the ordinance left at the Office of the Sanggunian
member (or received by his secretary/clerk) shall be sufficient compliance to this rule.
A resolution shall be enacted in the same manner prescribed for 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 members present.
No resolution that was referred to a Committee shall be considered on second

reading in any regular meeting unless it has been reported out by the proper Committee
to which it was referred or certified as urgent by the Governor.
The Secretary to the Sanggunian shall prepare copies of the proposed Ordinance
or Resolutions in the form it was passed on second reading, and shall distribute to each
Sanggunian Member a copy thereof except that a measure certified by the Governor
as urgent may be submitted for final voting immediately after it has undergone the
periods of debate and amendment during the second reading.
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.
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Upon the passage of all Ordinances and Resolutions directing the payment of
money or creating a liability and at the request of any member of the Sanggunian, the
Sanggunian Secretary shall record the “yes or no votes”. Each approved Ordinance or
Resolution shall be stamped with the seal of the Sanggunian and recorded in a book
kept for the purpose.
SECTION 48. Approval of Ordinance and Veto Power of the Governor. The approval
of an ordinance by the Governor and the exercise of his veto power shall be governed
by the following rules:
a) Every ordinance enacted by the Sanggunian shall be presented to the

Governor for his/her approval. If he/she approves the same, he/she shall affix his/her
signature on each and every page thereof; otherwise he/she shall veto it and return the
same with his objections to the Sanggunian, which may proceed to reconsider the same.
The Sanggunian may override the said veto by two-thirds (2/3) vote of all its members
thereby making the ordinance or resolution effective for all legal intents and purposes.
b) The veto shall be communicated by the Governor to the Sanggunian within

fifteen (15) days, otherwise the ordinance shall be deemed approved as if he/she had
signed it.
c) The Governor may veto any ordinance of the Sanggunian on the ground that
it is “ultra vires” or prejudicial to the public welfare, stating his reasons thereof in writing.
d) The Governor shall have the power to veto any particular item or items of an
appropriation ordinance or an ordinance adopting a local development plan, or an
ordinance directing the payment of money or creating a liability. In such case, the veto
shall not affect the item or items which are not objected to. The vetoed item or items shall
not take effect unless the Sanggunian overrides the veto in the manner as provided in
this section otherwise the item or items in the appropriation ordinance of the previous
year corresponding to those vetoed, if any, shall be deemed re-enacted.
SECTION 49. Methods of Voting. Unless a different method is prescribed by the

Sanggunian for a particular measure, voting shall be either one of the following method:
A. By voice (viva voice) ;

B. By raising of hand (or show of hand );
C. By rising;
D. By ballot; or
E. By nominal voting (roll call voting).
SECTION 50. Putting the Question to a Vote. The Presiding Chairperson shall rise
whenever he/she is putting a question to a vote. In taking the vote, the Presiding
Chairperson shall take first affirmative votes followed by the negative votes.
Immediately after taking the votes, the Presiding Chairperson shall announce the
result thereof.
SECTION 51. Effectivity of Enactment. Unless otherwise stated in the Ordinance (or
resolutions in appropriate cases), the same shall take effect after the lapse of ten (10)
days from the date a copy thereof is posted in the bulletin board at the entrance of the
Capitol and in two (2) other conspicuous places. The Secretary shall cause such posting
within five (5) days after approval thereof. For this purpose, the word “Approval” shall
mean the approval of the governor or the fact that fifteen (15) days have lapsed with
the governor not acting on the ordinance or resolution.
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The gist of all ordinances with penal sanctions shall be published in a newspaper
of general circulation within the province. Additionally, such Ordinances may also be
posted in all municipalities of the province and copies thereof furnished to law
enforcement agencies in each component unit. Regardless of the date of effectivity
stated in the Ordinance, Ordinances with penal sanctions shall become effective only
after compliance with the said publication and/or posting.
RULE XII
VOTES AND VOTING
SECTION 52. Voting on a Question. Whenever a nominal voting (or roll call voting)
is being applied, the Secretary shall call the roll of members either in alphabetical order,
by rank, or by representative districts. As each name is called, the member shall
announce his vote by stating “YES” or “NO“, as the case may be. As a general rule, a
member may explain his/her vote but not to exceed three (3) minutes.
A second roll call may be requested by any member from the Presiding
Chairperson, but this time, only the names of those who failed to vote shall be called. This
is to give another opportunity to those who failed to cast their vote or to exercise their
right. This is also to determine the number of members who might have violated the “rule
on abstention”. After this second roll call, no other request of the same kind shall be
entertained by the Presiding Chairperson.
SECTION 53. Voting Restriction. No member can vote, or be allowed to vote, on

any measure in which he/she or any of his/her relatives within the fourth civil degree of
affinity or consanguinity has a direct or personal pecuniary interest. This rule, however,
does not apply in voting for elective positions in the Sanggunian where a member, as a
matter of right, can vote for himself.
SECTION 54. Change of Vote. A member may change his/her vote but only when
the result of the voting has not been announced by the Presiding Chairperson. Otherwise
he/she can only change his/her vote by unanimous consent of the members present,
provided that this rule shall not be applied if voting is by ballot.
SECTION 55. Vote by Latecomer. A member who came in late during session but
who happens to arrive while voting is in progress shall be allowed to vote, provided that
the result of voting has not yet been announced by the Presiding Chairperson.
SECTION 56. Allowable Motion during Voting. Except for a motion pertaining to a
question of quorum no other motion shall be entertained by the Presiding Chairperson
while voting is in progress.
SECTION 57. Tie Vote. A tie vote resulting from a vote taken on any motion,
measure, or proposal shall be construed to mean that the particular motion, measure or
proposal is defeated unless the Presiding Officer decides to break it by virtue of Section
7 (h) of the Rules. Exception to this rule is when a “motion to appeal from the decision of
the Presiding Chair” is put to a vote and it resulted in tie. In this case, the tie vote is
considered to sustain the decision of the Presiding Chair.
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SECTION 58. Majority Vote of All the Members. As provided for under R.A 7160 and
its Implementing Rules and Regulations, a “majority vote of all members of the
Sanggunian” is required in the following circumstances:
A. Ordinances levying taxes, fees and charge, prescribing the rates thereof for
general and specific purposes and granting tax exemptions incentives or reliefs;
B. Legislatives enactment authorizing the Governor to negotiate and contract

loans and other forms of indebtedness;
C. Ordinances authorizing the floating of bonds or other instruments of

indebtedness, for the purpose of raising funds to finance development projects;
D. Appropriation of funds for the construction and maintenance or rental of

buildings for the benefit of the province; and granting authority to the Governor
to lease to private parties such building held in proprietary capacity, subject to
existing laws, rules and regulations;
D. Concurrence on the appointments of department heads and offices in the

Provincial Government.
Provided further, that a vote of at least two-thirds (2/3) of all the members of the
Sanggunian shall be required to pass a measure:
A. Permanently closing provincial roads, alleys, parks or square; and
B. Suspending or expelling any of the members of the Sanggunian for the reasons
contemplated under Section 50 (5) of the Local Government Code.
SECTION 59. Majority Vote of the Members Present Thereby Constituting a Quorum.
Except as provided in the immediately preceding section, all other legislative matters or
measures shall require only a “majority vote of the members present therein having a
“quorum” for its passage, adoption, or enactment, as the case may be.
SECTION 60. Plurality Vote. A decision of the Sanggunian through a “plurality vote”
shall be valid only and enforceable if it is the result of an election of officers of the
Sanggunian or members of committees. No legislative proposal or measure of whatever
nature shall be passed, adopted or enacted by this Sanggunian thru a mere plurality
vote.
SECTION 61. Percentage Vote. For purposes of this Section, a percentage vote shall
be construed to mean as a “proportion of a certain whole”. Percentage vote shall be
applied in the following:
A. A two-thirds (2/3) vote of all the members of this Sanggunian shall be required
in overriding the veto of the Governor for any ordinance or resolution, thereby
making the particular ordinance or resolution effective for all intents and
purposes.
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B. Unless otherwise concurred by two-thirds (2/3) vote of the Sanggunian
members present, there being a quorum, no other matters may be considered
at a special session except those stated in the notice.
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-thirds (2/3) vote of all Sanggunian members”.
D. With the concurrence of at least two-thirds (2/3) of all the members of this
Sanggunian, grant tax exemptions, incentives or reliefs to qualified entities.
E. At least a two-thirds (2/3) affirmative vote of the members present, there being
a quorum, shall be required for the adoption of the following motions:
1. Motion to suspend the rules;

2. Motion to expunge;
3. Motion to extend or limit debate;
4. Motion to call for the previous question.
F. At least a two-thirds (2/3) negative vote of the members present, there being
a quorum, shall be required in order to sustain the “motion to object to the
consideration of a question”.
SECTION 62. Abstentions. Indubitably, a member of this Sanggunian is representing

the people and not necessarily his/her own self and as such he/she should be required
to take a stand, one way or the other, on every issue or measure submitted for decision
to the august body. Hence, it is hereby made a general rule that no member of this
Sanggunian shall abstain from voting, except as provided under Section 53 of this Internal
Rules of Procedure.
SECTION 63. Simple Majority. Except as otherwise provided in this Internal Rules of
Procedure and existing laws, rules and regulations, a vote by a “simple majority” shall
prevail on other measures, motions or propositions provided there is a quorum. In
parliamentary parlance, the term” simple majority” means one- half plus one (1/2+1) of
the total votes cast by the members present there being a quorum. It might be less than
the majority of the entire membership.
RULE XIII
RULES ON DEBATES AND AMENDMENTS
SECTION 64. Use of the Gavel. One tap of the gavel means everybody should sit
down and keep quiet, or a Resolution or Ordinance has been approved or disapproved,
or there is a declaration of a recess or adjournment. Two (2) bangs shall mean that the
speaker or the delegation stand. Three (3) taps shall mean that everybody stands. This is
used to honor a dignitary entering the session hall and during the flag ceremony and
invocation. Several taps shall mean a call for order in the house.
SECTION 65. As a general rule, no member shall speak before the Sanggunian
without first “obtaining the floor”. A member who has obtained the floor shall address all
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his/her remarks to the Presiding Chairperson. He/she shall conduct himself/herself with
proper decorum by confining his/her remarks or arguments to the question under
debate, by avoiding personalities and by refraining to utter words or to perform acts
inconsistent with decorum.
If it is requested that a Member be called for words spoken in debate, the member
making such request shall indicate the words he/she feels unacceptable and should be
avoided and shall be taken down in writing by the Secretary who shall read it aloud. The
member who uttered such words shall not be held to answer, nor be subject to censure
by the Sanggunian if further debate or other business has already intervened.
SECTION 66. All questions addressed to the speaker or the member having the
floor must always be coursed thru the Presiding Chairperson. When a member desires to
speak, he/she shall rise and respectfully address the Chairperson, “Mister Chairman or
Madam Chairperson”.
When two or more Members raise their hands at the same time, the Floor Leader
shall decide whom to recognize first by requesting the Presiding Chairperson to give the
floor to whomever he/she decides to speak first.
SECTION 67. No member rendering a committee report or delivering the

sponsorship speech shall speak for more than fifteen (15) minutes unless allowed by
majority of the members present.
The members rendering a Committee Report or delivering the sponsorship speech

of a proposed measure may move to open or close the debate within the fifteen (15)
minute period allowed to him/her. If he/she fails to exercise his/her option, the Presiding
Chairperson may use the “assumed 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/her sponsorship speech of a proposed measure, it shall be considered
open for debate.
SECTION 68. No member shall speak for more than fifteen (15) minutes on a
particular issue or question being debated upon unless he/she is allowed to do so by
majority of the members present.
SECTION 69. During the period of amendment, every member shall observe the
so-called “five-minute rule”, i.e. remarks or argumentation by any member on each
proposed amendment shall not exceed five (5) minutes.
SECTION 70. While having the floor, a member may be interrupted in his/her
speech or talk by the Presiding Officer to state a point of order, to respond to questions
from the floor, to clarify something related to the issue being discussed or to make certain
remarks within his/her privilege.
SECTION 71. The speaker may also be interrupted by another member if the latter
desires to ask questions thru this privilege to interpellate and by proposing the following
motions:
- Point of Order
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- Point of Information
- Point of Parliamentary Inquiry
- Call for Orders of the Day
- Divide the Assembly
- Raise a Question of Privilege
- Reconsider
- Appeal from the Decision of the Chair
SECTION 72. The Speaker being interpellated may decline answering the
questions, if he/she so desires.
SECTION 73. No member shall speak against his/her own motion or proposition.
He/she may, however, be permitted to withdraw his/her motion or proposition and if
his/her request to withdraw it is denied, he/she may vote against it.
SECTION 74. While the period of debate is in progress, no member shall roam
around the session hall or leave the premises without the permission of the Presiding
Chairperson.
SECTION 75. Whenever the Presiding Chairperson is addressing the Sanggunian or

putting a question, no Member shall leave his /her seat, nor interrupt the former in his/her
talk.
SECTION 76. During the session, the Members shall be in proper attire (“coat and
tie or Barong for the gentlemen; and a decent dress for the ladies) and observe proper
decorum. Smoking shall not be permitted within the Session Hall.
All cellular phones must be put in silent mode once inside, and no processes not
related to the calendar of business, such as, but not limited to the signing of documents
(i.e. financial assistance, vouchers) will be allowed within the Session Hall. The Secretariat
shall ensure the strict observance of this Rule.
SECTION 77. A motion to close the debate is in order if three (3) members have
already spoken in the affirmative side and two (2) in the negative side; or only one (1)
member has spoken in favor of the measure under consideration but none against it.
SECTION 78. Subject to the requirement of the preceding Section, if no member

moves to close the period of debate, the Presiding Chairperson, motu propio, may use
the “assumed motion” in order to close the period of debate.
SECTION 79. A motion “to call for the previous question” results in the closing of
debate on a pending question.
SECTION 80. Amendment of Title. Amendments to the title of a proposed

ordinance or resolution shall not be in order until after text thereof has been perfected.
Amendments to the title shall be decided without debate.
SECTION 81. After the period of debate has been closed, the period of
amendments shall immediately follow.
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SECTION 82. Unless the members present in a particular session adopt a different
method, amendments to any proposed measure, or parts thereof, shall be in seriatim.
Under the seriatim method, the written copy of the proposed measure is numbered per
line and is read paragraph-by-paragraph or section-by-section and after each one is
read, amendments can be proposed and debated upon. Thereafter, a vote is taken on
the proposed amendment. Eventually, this process will reach its conclusion and the
original measure or proposition is said to have passed the “second reading”.
RULE XIV
RULES ON MOTIONS
SECTION 83. All motions relating to a Committee Report, if presented or proposed

by the reporting Committee Chairperson, or any of the reporting Committee member,
shall need NO second.
SECTION 84. If someone “has the floor”, whether or not he/she is speaking, a
“motion to adjourn” shall be ruled “out of order”.
SECTION 85. The following motions can be presented or proposed even if someone
has the floor, viz:
a) Appeal from the decision of the Presiding Chairperson;
b) Call for Orders of the Day;
c) Divide the Assembly or Body;
d) Divide the Question;
e) Object to the Consideration of a Question;
f) Point of Order;
g) Point of Information;
h) Point of Parliamentary Inquiry;
i) Motion for Reconsideration;
j) Reconsider matters entered on the minutes;
k) Raise a Question of Privilege.
SECTION 86. Privilege Motions. All “privilege motions” may be proposed even if
there is a pending motion or question before the body. Privilege motions are those
questions or subject matters which, under the Rules, take precedence over other motions
and subject matters.
Questions of privilege are:
a. Those affecting the rights of the Sanggunian: its safety, dignity, and
integrity.
b. Those affecting the rights reputation and conduct of the members,
individually, in their capacity as such Members.
Subject to five-minute rule, questions of privilege shall take precedence over all
other questions, except motion to adjourn.
SECTION 87. Motions or questions, which were laid on the table, may be taken up
through a motion to that effect during that particular session or during the next regular
session but not beyond.
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When a motion, report or proposed measure is adopted or lost, it shall be in order
for a Member who votes with the majority to move for the reconsideration thereof on the
same or succeeding session day. Such motion shall take precedence over all other
questions, except a motion to adjourn, to raise a question privilege and a call to order.
SECTION 88. Precedence of Motions. When a question is under debate, no motion

shall be entertained except to adjourn, raise a question of privilege, declare a recess, lay
on table, or postpone to certain day (which motions shall be decided without debate),
refer, amend or postpone indefinitely (which motions shall be decided subject to the five-
minute rule). Said motions shall have precedence in the foregoing order. No motion to
postpone to any day certain, or refer or postpone indefinitely, having failed passage,
shall again be allowed on the same day.
SECTION 89. The following motions require a SECOND, viz:
a. Adjourn;
b. Adopt a report or resolution, except when proposed by the reporting
Committee Chairperson or member of that Committee;
c. Amend;
d. Appeal from the decision of the Chairperson;
e. Commit or refer to a Committee;
f. Expunge;
g. Extend or Limit the time for debate;
h. Fix the time to adjourn;
i. Lay on the Table;
j. Postpone Definitely;
k. Postpone Indefinitely;
l. Call for the Previous Question;
m. Recess;
n. Motion for Reconsideration;
o. Reconsider matters entered on the minutes;
p. Rescind or Repeal;
q. Suspend the Rules;
r. Take from the Table;
s. All main motions.
SECTION 90. A motion to amend (amendment of the 1st degree) and motion to
amend an amendment (amendment of the 2nd degree) may be withdrawn but only
before a decision is made thereon.
SECTION 91. A motion to amend is in order only to second degree. Thus, a motion
“to amend an amendment to an amendment’ is out of order. It shall also be in order to
offer in further amendment by substitution, but it shall not be voted upon until the original
motion or proposition is perfected. Any of said amendments may be withdrawn before
a decision is had thereon.
SECTION 92. When a motion is made, the Presiding Chairperson shall state it before
it is put to debate. A motion can be withdrawn only when it is not yet being discussed or
debated upon by the Body. Otherwise, any request to withdraw it shall require a vote by
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general consent and if there is an objection raised for its withdrawal, a vote of majority
of the members present is required.
SECTION 93. No motion shall cover more than one subject matter.
SECTION 94. Riders are prohibited; hence no motion or proposition on a subject

different from that under consideration shall be allowed color of amendment.
RULE XV
COMMITTEES
SECTION 95. Creation, Merging & Dissolution of Committees. The following rules
shall be observed in the creation merging and dissolution of committees.
a) The creation, merging or dissolution of a regular or standing

committee may be effected by a majority vote of all the members of the
Sanggunian present, there being a quorum;
b) The members shall submit their preferred Committees but the

Presiding Officer shall select the Chairperson, Vice Chairperson and members
of the standing Committees subject to the restrictions set forth in Section 96,
97 and 98 of these Rules.
c) The Presiding Officer may recommend the creation or re-

organization of any regular or standing Committee. The Sanggunian shall act
on his/her recommendation without debate and vote on it immediately;
d) Special or Ad-Hoc Committees may be created upon the initiative

of the Presiding Officer or through a motion by any member, subject however
to the affirmative votes of a majority of the members present, there being a
quorum and shall be dissolved “functus officio” upon rendition of its report to
the Sanggunian unless the Sanggunian extends its duration or pursue the
same or related purpose.
SECTION 96. Every regular committee to be created shall be composed of at least

three (3) members in addition to the Chairperson and Vice Chairperson.
SECTION 97. Rotating Chairperson. There shall be a rotating chairperson for the
Committee on Boundary Disputes and the Committee on Complaints and Investigation.
This means that the Committee Member who must sit as the Chairperson must not be
representing a district involved in the boundary dispute, or must not be representing a
district where the public official involved in the administrative case comes from.
SECTION 98. Restrictions.
a) The Presiding Officer may be Chairperson of only one standing Committee of

his/her choice. He/she shall however be ex-officio chairperson of all standing
committees without right to vote. When the Regular Presiding Officer presents
the report of the Committee that he/she chairs, for discussion, debate or
approval, he/she shall yield the chair to the Temporary Presiding Officer.
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b) No person other than a member of the Sanggunian shall be made a member
of any regular Committee.
c) No member shall participate in the Committee’s deliberations if he/she has a
direct or indirect personal or pecuniary interest on the matter being handled
by that committee.
SECTION 99. Committee Meeting. A committee shall meet whenever necessary

upon the call by the Chairperson or a majority of its members to consider matters referred
to it by the Sanggunian. As a general rule, a committee meeting shall be attended only
by the Committee members thereof. However, they may decide to allow other persons,
such as resource speakers or consultants to be present to assist them during the meeting.
Other matters falling within or germane to the stated scope of authority of the
Committee may be looked into, discussed, and a position thereon adopted by the
Committee, upon a vote of a majority of its members, including the Chairperson.
SECTION 100. Committee Hearing. Upon Order by the Committee Chairperson or

a majority of its members, a public hearing may be called for, where affected persons
shall be invited and other interested persons are allowed to attend for purposes of putting
across their concerns.
SECTION 101. Committee Hearing Distinguished from Committee Meeting. For

purposes of these Internal Rules, a committee hearing is an activity of the Sanggunian,
through its Committees, wherein the general public particularly those representing
different sectors that may be interested or affected by a proposed measure is invited to
attend 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 difficult task, the Committee is not precluded from inviting and
seeking advice from technical persons.
SECTION 102. Quorum. At least three (3) members of a Committee shall constitute
a quorum to transact official business, however, in all cases, the Report of the Committee
shall be considered as such only if a majority of its total membership shall agree to the
position taken by the Committee. When the Committee Report is signed favorably by at
least a majority of the Committee membership, the Committee Report is deemed
adopted by the Committee concerned.
SECTION 103. A committee meeting may be called by the following:
A. Chairperson;
B. Vice Chairperson, if he/she is in the capacity of an “Acting
Chairperson”;
C. Majority of the committee members provided that due notice is served
upon each and every Committee member.
SECTION 104. Notice of a Committee hearing or Committee meeting shall be

served either personally to the Sanggunian Member, to his office, to his personal
secretary, left at his official residence, professional office or place of business; or by mail.
SECTION 105. Vacancy/ies in a Committee shall be filled:
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A. By a majority vote of all the members of the Sanggunian; or
B. By the Presiding Officer by general consent (unanimous assent) of the

members present, there being a quorum.
SECTION 106. Subpoenas and Invitations.
A. On all matters referred to it by the Sanggunian, the Committee may, in

aid of legislation, issue invitations, requests, subpoenas and subpoenas
duces tecum, effective within the Province of Cagayan, relating to any
subject relevant to the matter under consideration. For matters taken
cognizance of by the Committee motu propio (without referral of the
Sanggunian), the issuance of requests, invitations, subpoena, subpoena
duces tecum by the Committee shall require the approval of the
Sanggunian.
B. Invitations to individuals except heads of departments or offices in the

local or national level shall be signed by the Committee Chairperson, or
in his absence, by the Secretary to the Sanggunian. Official invitation or
request by any Committee to appear before it to any head of
department or office, whether local or national shall be coursed through
the Presiding Officer. The Presiding Officer shall then endorse it to the
head of the local and national offices concerned.
C. Invitations, requests, subpoena and subpoena duces tecum shall state:
1. Matter under consideration by the Committee:

2. Testimony, information, document or evidence sought to be provided
by the person requested, invited subpoenaed;
3. Time and place of hearing; and
4. Under whose authority the same is issued
SECTION 107. Mandatory Standing Committees. The Sanggunian shall, through a

resolution, create the following mandatory standing (or regular) committees:
a) Committee on Finance and Appropriation
To this Committee shall be referred all matters or questions pertaining to or

connected with the following:
- Annual and Supplemental Budgets

- Appropriation ordinances
- Allocation, re-allocation and re-alignment of funds
- All other matters related to local taxation and fiscal administration.
b) Committee on Women, Child, Senior Citizens and Family

- Women’s welfare, rights and privileges

- Women’s organizations
- Family welfare
- Senior Citizens’ welfare
- Children’s welfare
- All other matters related to women and family
Page 26 of 37
c) Committee on Complaints and Investigation

- Administrative investigations involving complaints against local elective

officials in the component units
d) Committee on Youth and Sports Development

- Sports development
- Youth welfare and development
e) Committee on Environmental Protection and Natural Resources

- Environmental protection and preservation

- Land, air and water pollution
- Wanton destruction of the environment and its natural resources
- Formulation of an Environment Code of the Province
- All matters or measures affecting the environment
f) Committee in Agriculture and Agrarian Reform

- Agricultural development
- Plight of farmers, fisher folks and tenants
- Implementation of Agrarian Reform programs and projects
- Mobilization of Agrarian Reform Communities
- Food security program
- Problems and issues on agriculture and agricultural technology
- All other matters pertaining to Agriculture and Agrarian Reform
g) Committee on Rules, Ethics and Privileges

- Sanggunian Internal Rules and violations thereof

- Order of Business and Calendar of Business
- Disorderly conduct of members and investigation thereof
- Privileges of members
h) Committee on Laws, Ordinances, Revisions and Legal Matters

- Enactment, revision or amendment of all kinds of ordinances except

appropriation ordinance
Page 27 of 37
- Exercise of legislative powers ( taxing power, police power, corporate
powers and proprietary rights)
- Legality of proposed measures to be acted upon by the Sanggunian
- Review of all doubtful Ordinances and or Resolutions passed by the
Sanggunian of the component units
i) Committee on Good Government, Ethics and Public Accountability

- Policy formulation for the economical, efficient and effective local

government administration
- Conduct of ethical standards for local officials and employees
- Public accountability of local officials and employees
- All other matters related to goon governance within the Province
j) Committee on Health, Sanitation, Population and Technology

- Promotion of public health and sanitation

- Measures pertaining to the adoption of health and sanitation
technology
- Improvement of public health and social upkeep of the people
- Formulation of a Provincial Health and Sanitation Code
- All other matters related to health, sanitation and technology
k) Committee on Peace and Order

- Peace and order

- Incidence of crime and its prevention or eradication
- Public disturbance and law intensity conflict
- Establishment, organization and empowerment of peace and order
brigades council
- All other matters related to peace and order
l) Committee on Trade, Commerce and industry

- Establishment/operation of all kinds of trade and industry

- Measures that affect trade, commerce and industry
- Incentives to promote trade, commerce and industry
- All other matters related to trade, commerce industry
m) Committee on Public Works and Infrastructure

connected with the following with:
Page 28 of 37
- Construction, maintenance and repair of roads, bridges and
other government infrastructure
- Measures that pertain to drainage and sewerage and similar projects
- All other matters related to public works and infrastructure projects
n) Committee on Cooperatives

- Cooperatives organization and development

- Incentive to cooperatives
- All matters affecting cooperatives development programs of the
government
o) Committee on Boundary Disputes

- Creation, division merging, or abolition of barangays

- Boundary disputes between and among adjacent municipalities/cities
within the Province
- All matters related to boundary disputes.
p) Committee on Planning and Development

- Provincial planning and development

- Policies on development programs
- Housing and land utilization
- All other related matters
q) Committee on Education and Culture

- Educational issues and problems

- School matters
- Inter-school relationships
- Promotion of the arts culture
- All other matters related to education and culture
r) Committee on Ways and Means

- Economic Enterprise of the province

- Loans and other sources of local revenues
- Investments
- All matters pertaining to sources of income of the province
s) Committee on Tourism
Page 29 of 37
- Promotion of tourism in the province

- Identification and development of tourist spots
- All matters pertaining to tourism
t) Committee on Social Services and Civic Action

- Providing greater access to social services

- Improvement of social services
- Protection and preservation of social rights
- Promotion of civic action
- Organization of civic action groups
- All other matters related to social services and civic action
u) Committee on Reorganization, Civil Service and Human Resource

Development

- Organization and management; personnel administration, position

classification and pay plan, staffing patterns
- Creation of positions
- Human resource management
- Observance of Civil Service rules and regulations
- Trainings, seminars, conferences and workshops to improve human
resource
- All other matters related reorganization, civil service and human
resource development
v) Committee on Barangay Affairs and Cultural Minorities

- Protection and preservation of the rights and domain of cultural

minorities
- Barangay affairs
- All other related matters
w) Committee on Franchises and Accreditation

- Accreditation of non-government organizations

- Grant of franchise
- All matters related to franchises and accreditation
Page 30 of 37
x) Committee on Public Information/ Public Utilities, Transportation and
Communication

- Enhancement of public service

- Traffic and transportation problems
- Communication problems
- All other matters related to public information, public service,
transportation, communication
y) Committee on Taxation, Revenue and Properties

- Local taxes, fees and charges

- Tax reliefs and exemptions
- Revenue generation
- Other source of local revenues
- All matters pertaining to local taxation and revenue
z) Committee on Climate Change and Disaster Risk Reduction and

Management

-disaster risk reduction and management

-climate change and global warming
-disaster preparedness and response
RULE XVI
COMMITTEE REPORTS
SECTION 108. Every committee to which a particular measure is referred by the

Presiding Chairperson shall submit its report in writing to the Sanggunian, through the
Secretary, after finishing its task, provided that simple/uncomplicated and/or urgent
matters may be requested orally to the Sanggunian which will then decide to act
thereon or require the Committee to submit a written report. A committee report shall
be filed with the Office of the Sanggunian Secretary who shall preserve and safekeep
the same as part of the Official Records of the Sanggunian.
SECTION 109. 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 a separate Committee Report.
SECTION 110. The Committee report shall contain the following information:
- Name of the reporting committee or committee/s
Page 31 of 37
-Brief statement of the subject matter referred to it and the action taken
thereon including information gathered during the conduct of Committee hearings or
meetings and other relevant information
-Findings or conclusions
-Recommendations
-Names and signatures of concurring members
-Appendices (Minutes of committee hearings or committee meetings as
the case may be)
SECTION 111. A committee which failed to submit a Committee report within the
time required may be discharged by the Sanggunian from further consideration of the
measure or question referred to it. Upon motion by any member and approval by the
majority, the said measure can be re-assigned to another Committee or submitted to
the body for proper disposition.
SECTION 112. When the Sanggunian is not satisfied with the report of a particular
Committee on a measure referred to it, the same may be re-committed or returned
back to the Committee for further study.
SECTION 113. After the Committee has rendered its report and is recommending
favorably the enactment of a proposed Ordinance it has “reported out”, a copy of the
proposed ordinance shall be furnished the Committee on Rules which shall calendar
it for “second reading”. Before the said proposed ordinance is sponsored on the floor,
a copy thereof shall be furnished every Sanggunian member by the committee
Chairperson concerned.
RULE XVII
SUSPENSION OF RULES
SECTION 114. Any part of this “Internal Rules of Procedure”, except those
prescribed by existing laws may be suspended at any particular session by general
consent or by two-thirds (2/3) vote of the members present therein, a quorum being
present.
SECTION 115. Only the chairperson or Vice Chairperson of the Committee on Rules
can move for the suspension of the Rules. In the absence of the Chairperson or the Vice
Chairperson, then the next Member of the Committee can move.
SECTION 116. When a motion to suspend the Rules is pending one motion to
adjourn may be entertained. If it is lost, no similar motion shall be entertained until the
vote is taken on the motion to suspend.
SECTION 117. If the Sanggunian votes to suspend the Rules, it shall forthwith
proceed to consider the measure two-thirds (2/3) vote of the Members present shall be
necessary for the passage of said measure, a quorum being present.
RULE XVIII
JOURNAL AND RECORD OF PROCEEDINGS
Page 32 of 37
SECTION 118. The Sanggunian shall keep a “journal and record” of its proceeding
which may be published upon resolution of the majority members thereof.
SECTION 119. In addition to the “journal of proceedings” which is required by the

law to be kept, the Sanggunian, through its Secretary shall also record its proceedings
in the form of a “minutes” which shall be submitted by the Secretary to the Sanggunain
for appropriate action.
SECTION 120. The minutes of the previous session shall be submitted by the
Secretary to the Sanggunian during its succeeding regular session. The Sanggunian shall
first determine if there are corrections to be made on the minutes and act on it
accordingly before the same is adopted and becomes its property. Consideration of
the minutes shall not be dispensed with. Reading of the minutes “verbatim” may be
dispensed with if the members were already furnished a copy before hand. Being all
responsible men and women, the members are presumed to have read the minutes
already before they come to the session. In any case, the minutes submitted by the
Secretary shall be acted by the members present, one way or the other.
SECTION 121. The minutes shall contain the following:
-Place, date and time of the session
-Whether it is special or regular;
-Name of the members present therein and those who were absent and
the reason/s for the absence of there be any;
-Action taken on the minutes of the previous session including the

correction, if any; names of those who adopted the minutes under consideration and
whose 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
manner of voting (e.g. nominal voting); the names of those who voted on either side,
-All motions presented or proposed, whether lost or carried, except those

withdraw;
-Full text of the veto message of the Governor, if any;
-Time of adjournment.
SECTION 122. The original copy of the minutes shall be signed by the members who
adopted it at the appropriate space therein. The Presiding Chairperson at that particular
session and the session Secretary shall also sign or affix their signatures on the said minutes
SECTION 123. Excerpts to be taken out of the minutes shall be certified and
3attested as correct by the Secretary and the Presiding Chairperson on that particular
session, respectively.
Page 33 of 37
SECTION 124. The Secretary of the Sanggunian shall keep complete records of all
legislative proceedings and every approved Ordinance or Resolution containing:
A. Date of 1st, 2nd and 3rd reading ordinance;
B. Votes obtained approving the same, together with the

identities of the members voting affirmatively or negatively, and abstentions made by
members if any;
C. Date/places of Committee hearings thereon if any had been

conducted;
D. Principal author/s of the same; and
E. In appropriate cases, approval/veto by the Governor, or date

the ordinance became effective for failure of the Governor to
act on the same.
RULE XIX
DISCIPLINARY ACTIONS
SECTION 125. Any member who commits an act of transgression of the foregoing
internal Rules of Procedure shall be punished with the corresponding penalties hereunder
prescribed, to wit;
1. For disorderly conduct of behavior 1st offense- reprimand

during a session, Committee hearing or 2nd offense- exclusion from the
Committee meeting membership in the committee
hearing/meeting; or
Suspension for sessions as the case may
be
3rd offense- suspension from committee
hearing/meeting; expulsion for sessions
2. For any “justified” absence with None

prior notice
3. For any “unjustified” absence without Fine of not more than P500.00
prior notice
4. For any “unjustified” absence without Fine of not less than P500.00 but not
prior notice more than P1, 000.00
5. For “unjustified” absence in four (4) Fine of not less than P5, 000.00 but not
consecutive sessions more than P10, 000.00 without prejudice
to the filling of the corresponding
Administrative charge as per Art. 124 (6)
IRR of RA 7160
6. For coming late in any session Fine of not less than P250.00 but not
Per Hour of being late fraction more than P500.00
Page 34 of 37
thereof
7. For refusal without valid excuse To Fifteen (15) day suspension without
perform The task assigned to Him by remuneration
Sanggunian of which he is a member
8. For “unjustified” absence in Fine of not less than P1, 000.00 but not
committee hearing of which he is a more than P2,000.00 without prejudice
composite member to the filing of corresponding
administrative charge for neglect of
duty
9. For violation of any other provision of Fine of not less than P1,000.00 but not
these Internal Rules of Procedure more than P2,000.00 or suspension of
not specified herein more than fifteen (15) days without
remuneration
SECTION 126. “Justified” absence as used in these Rules shall operationally mean an
absence from a session or committee hearing/meeting only in the following two
instances:
A. In the case of official business attested by an approved official travel order

and absence is on official time; and
B. IIIness with certificate of hospital confinement.
SECTION 127. The penalty of suspension or expulsion to be 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 members of the Sanggunian shall
suffice.
SECTION 128. The Committee on Rules shall take cognizance of all the offenses
enumerated in the preceding Section committed by the member of this Sanggunian,
whether a composite or constituent member, and shall initiate the necessary disciplinary
action. It shall forthwith conduct the necessary fact finding investigation and thereafter
submit its Committee Report together with the corresponding recommendation for
consideration of the Sanggunian sitting en banc.
For purpose of this Section, only a fact finding investigation and not an
“administrative investigation” shall be conducted, and thus, the technical rules of court
practice, procedure and evidence shall not be applied. However, the substantive due
process requirement of fairness and reasonableness should be observed.
Should any member of the Committee on Rules be the respondent, the Presiding
Officer shall designate a replacement to complete the membership thereof, but only
insofar as the conduct of the fact finding investigation is concerned. In performing the
other functions of the said Committee, the respondent is still a member of that
Committee.
SECTION 129. The Secretary to the Sanggunian shall collect the fines as may be
imposed by this Sanggunian and shall take custody thereof as a private trust fund. This
Page 35 of 37
shall be used to fund expenses incidental to the conduct of committee hearings and
meetings.
RULE XX
OFFICIAL SEAL
SECTION 130. The Sanggunian Panlalawigan shall keep a seal for all documents,
resolutions, ordinances and other official acts.
RULE XXI
AMENDMENTS
SECTION 131. This “Internal Rules of Procedures” may be amended at any regular
session by two-thirds (2/3) vote of all members of this Sanggunian, provided that prior
notice of such proposed amendment is given to all the members of the Sanggunian, and
provided further that no provision therein which is based on or prescribed by, existing laws
shall be amended.
RULE XXII
EFFECTIVITY
SECTION 132. This “Internal Rules of Procedure” shall take effect on the date of its
adoption.
Page 36 of 37
APPROVED this 5th day of July 2016 at the Sangguniang Panlalawigan Session Hall,
Capitol Hills, Tuguegarao City, Cagayan.
SECRETARY’S CERTIFICATION
I HEREBY CERTIFY TO THE CORRECTNESS OF THE ABOVE-QUOTED RESOLUTION.
ROSALINDA P. CALLANG, DPA

Secretary to the Sanggunian
Attested:
MELVIN K. VARGAS, JR., DPA

Vice Governor and Presiding Officer
NEA_07/07/16 
Page 37 of 37

Cagayan Province Board Adopts New Internal Rules

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Cagayan Province Board Adopts New Internal Rules

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Republic of the Philippines

Hon. Melvin K. Vargas, Jr., Vice Governor and Presiding Officer

Hon. Maria Olivia B. Pascual, Member – (On Privilege Leave-Birthday MC #6)

RESOLUTION NO. 2016-9-001

RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OF THE 9TH SANGGUNIANG

WHEREAS, Section 50 of Republic Act 7160, otherwise known as “The Local

WHEREAS, in order to achieve a maximum degree of efficiency in the deliberation

WHEREFORE, on motion of the Honorable Board Member Cristopher T. Barcena,

RESOLVED, AS IT IS HEREBY RESOLVED, TO ADOPT THE INTERNAL RULES OF

THE INTERNAL RULES OF PROCEDURE OF THE 9TH SANGGUNIANG PANLALAWIGAN OF THE

B. Enact ordinances; approve resolutions and appropriate funds pursuant to the

1. Review all ordinances approved by the Sanggunians of component

2. Maintain peace and order by enacting measures to prevent and

3. Approve ordinances imposing a fine not exceeding five thousand pesos

4. Adopt measures to protect the inhabitants of the province from the

5. Enact ordinances intended to prevent, suppress and impose

6. Protect the environment and impose appropriate penalties for acts

9. Authorize the payment of compensation to a qualified person not in the

1. Enact the annual supplemental appropriations of the provincial

2. Subject to the provisions and limitations as provided in Book II of the

i. Enact ordinances levying taxes, fees and charges,

ii. Authorize the provincial governor to negotiate and

iii. Enact ordinances authorizing the floating of bonds or other

3. Appropriate funds for the construction and maintenance or the rental

4. Prescribe reasonable limits and restraints on the use of property within

5. Review the comprehensive land use plans and zoning ordinances of

6. Adopt measures to enhance the full implementation of the National

E. Subject to the provisions of Book II of the Local Government Code, grant

1. Adopt measures and safeguards against population and for the

2. Subject to applicable laws, facilitate or provide for the establishment

3. Subject to the availability of funds and to existing laws, rules and

4. Establish a scholarship fund for the poor but deserving students in

5. Approve measures and adopt quarantine regulations to prevent the

7. Establish and provide for the maintenance and improvement of jails

9. Establish a provincial council for the elderly which shall formulate

SECTION 5. As a general rule, every member is required to vote on every question

a. To preside over the sessions of this Sanggunian;

SECTION 8. The Presiding Officer shall certify ordinances enacted or resolutions

SECTION 26. “Adjourned Session” may be held:

a) Through the initiative of the Presiding Officer by using the “assumed

SECTION 28. A majority of all members of the Sanggunian as enumerated under

- A member who is abroad;

In the absence of a quorum, the Presiding Chairperson may declare a recess of

If there is still no quorum despite the enforcement of the above remedial

c) Consideration and approval of previous minutes

d) Reading and referral of proposed measures or communications

SECTION 34. Calendar of Business. The Calendar of Business shall be prepared by

SECTION 35. The Calendar of Business shall contain the following:

a. Unfinished Business – refers to proposals or measures that have been left

c. Unassigned Business – refers to pending matters or measures including

All matters emanating from the different departments of the executive

a. The title of the proposed ordinance or resolution;

b. The name of the sponsor or authors and Committee to which it was

c. In case of petitions, letters, endorsements and other communications,

SECTION 37. In rendering Committee Reports, priority shall be given to standing

SECTION 39. If the reporting Committee recommends a favorable action on the

SECTION 40. As a general rule, no member of a Reporting Committee shall oppose

a) When the Sanggunian decides to suspend the Rules through an

b) When the measure to be acted upon by the Sanggunian is certified

SECTION 42. Municipal Matters. Ordinances, Resolutions or Executive Orders of

The Sanggunian may refer said Municipal Ordinance, Resolution or Executive

a) approving the same if it appears to be within the powers of municipality to

c) merely “noting” it if there appears to be no need of approval or disapproval