1st Regular Session - Approved

1 Republic of the Philippines
2 Province of Batangas
3 MUNICIPALITY OF SAN JOSE
4
5 MINUTES OF THE 1ST REGULAR SESSION OF THE SANGGUNIANG BAYAN OF
6 SAN JOSE, BATANGAS HELD AT THE MUNICIPAL SESSION HALL ON JULY 4, 2016
7
8 IN ATTENDANCE:
9 Hon. Entiquio M. Briones - Municipal Vice-Mayor and SB Presiding Officer,
10 Hon. Ronald I. Apritado - Sangguniang Bayan Member,
11 Hon. Ruel F. Ilao - Sangguniang Bayan Member,
12 Hon. Renji A. Arcilla - Sangguniang Bayan Member,
13 Hon. Marife E. Bathan - Sangguniang Bayan Member,
14 Hon. Armida A. De Roxas - Sangguniang Bayan Member,
15 Hon. Herminigildo P. Maquinto - Sangguniang Bayan Member,
16 Hon. Godfrey A. Umali - Sangguniang Bayan Member,
17 Hon. Arnold D. Aguila - Sangguniang Bayan Member
18
19 NON-ATTENDING:
20 Hon. Celso G. Mandocdoc - Ex-Officio Member, LMB President
21
22 The 1st Regular Session of the Sangguniang Bayan started with a call to order from the Presiding
23 Officer at 9:30 AM with the roll call thereafter. Hon. Celso G. Mandocdoc called in sick. There was still a
24 quorum. The prayer was led by Hon. Marife E. Bathan. The Minutes of the Inaugural Session was first
25 considered and was approved on motion of Hon. Ruel F. Ilao and seconded by Hon. Marife E. Bathan.
26
27 The Internal Rules of Procedures of the Sangguniang Bayan was next considered and prominent on the
28 inclusion to the former internal rules are:
29
30 1. Roll Call::
31 a. First Roll Call at 9:00 AM;
32 b. Second Roll Call at 9:15 AM;
33 c. Third Roll Call at 9:30 AM;
34 d. After 9:30 AM, adjournment of session and any extension will be decided by 2/3 of the
35 Members of the Sangguniang Bayan.
36 2. Inclusion of Random Drug Testing for Members of the Sangguniang Bayan as per CSC Drug
37 Testing Regulation;
38 3. Committee Chairmanships and Memberships including representation of the SB in Special
39 Bodies.
40
41 The whole IRP was presented as:
42
43 RESOLUTION NO. 001–2016
44
45 A RESOLUTION MANDATING THE INTERNAL RULES OF PROCEDURE AND
46 COMMITTEE ASSIGNMENTS OF THE SANGGUNIANG BAYAN OF SAN JOSE, BATANGAS
47
48 WHEREAS, in the conduct of its legislative affairs, the Sangguniang Bayan has to be governed by rules
49 which are deemed appropriate and responsive to streamline procedures;
50
51 WHEREAS, the Sangguniang Bayan of San Jose, Batangas, though governed by existing rules, can adopt
52 its own procedures in the manner determined to be most convenient to Members;
53
54 SO THEREFORE, on motion of Hon. Ronald I. Apritado and seconded by Hon. Herminigildo P. Maquinto
55 with the general consensus of all Members present of the Sangguniang Bayan of San Jose, Batangas, the
56 following is adopted as:
57 RULE I – COMPOSITION
58
59 Section 1.1 The Sangguniang Bayan, the legislative body of this Municipality, shall be composed of the
60 Municipal Vice-Mayor as the Presiding Officer, the regular Sangguniang Bayan Members, and the President
61 of the Municipal Chapter of the Liga ng Mga Barangay as Ex-Officio Member.
62
63 RULE II – POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIAN
64
65 Section 2.1 The powers, duties and functions of this Sanggunian shall be as provided for under Rule XVII of
66 the Rules and Regulations Implementing the Local Government Code of 1991.
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67 RULE III – DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS
68
69 Section 3.1 Every member of this Sangguniang Bayan shall make a full disclosure of his financial and
70 business interests as required under Art. 104, Rule XVII of the Rules and Regulations implementing the Local
71 Government Code of 1991.
72
73 Section 3.2 Every Member shall attend all the sessions of this Sanggunian unless he is prevented from doing
74 so by reason of sickness or other unavoidable circumstances provided that, as a general rule, previous notice
75 thereto shall be sent to the Sanggunian thru the Presiding Officer or the Secretary.
76
77 Notice of absence shall be given a day prior to the session, however, when the day prior falls on a holiday,
78 notice shall be given the day before the holiday. In cases, however, of emergencies, notice may be given at
79 least an hour before the session through available mediums. Two (2) aggregate absences within the month
80 will be considered as fifteen (15) days of absences, chargeable either from vacation leave or sick leave.
81
82 Section 3.3 As a general rule, every Member is required to vote on every question or proposed measure
83 being voted upon by the Sanggunian. Abstentions may only be allowed if it can be shown that the member
84 concerned has a pecuniary interest, either directly or indirectly on the matter being acted upon by the body.
85
86 Section 3.4 Every Member shall observe proper deportment and decorum during sessions.
87 RULE IV – PRESIDING OFFICER
88
89 Section 4.1 The Vice-Mayor shall be the Presiding Officer of this Sanggunian and as such, shall have the
90 following rights and duties:
91
92 4.1.1. To preside over the sessions of the Sanggunian.
93 4.1.2. To exact from all the Members present during the sessions proper deportment and decorum.
94 4.1.3. To enforce the Internal Rules of Procedure of the Sanggunian.
95 4.1.4. To maintain order during sessions and render a ruling on questions of order, subject to appeal by
96 the Member concerned to the body for final decision.
97 4.1.5. To sign all the legislative documents, papers, or checks requiring his signature.
98 4.1.6. To declare a recess during sessions anytime he deems it necessary provided that the duration of
99 the recess is less than fifteen (15) minutes.
100 4.1.7. To declare the session adjourned to some other date, time and place and cases of extreme
101 emergencies, serious and uncontrollable disorder, public disturbances and other unavoidable
102 circumstances.
103 4.1.8. To make brief remarks, comments or clarificatory questions on any measure pending deliberation
104 by the Body provided that he shall not express himself either for or against the said measure or
105 question.
106 4.1.9. To vote but only to break a tie. Hence, he cannot vote in order to create a tie. His right to vote to
107 break a tie is mandatory.
108 4.1.10. To relinquish the Chair to the Presiding Officer Pro-Tempore, or, in the latter’s absence, to any
109 Member of the Sanggunian who shall act as Temporary Presiding Officer but only if he is going
110 out of the Session Hall for whatever reasons. He cannot relinquish the Chair in order to participate
111 in the deliberation of the Body and thus, there is no reason for him to relinquish the Chair but
112 remain idly on the floor.
113
114 RULE V – PRESIDING OFFICER PRO-TEMPORE AND TEMPORARY PRESIDING OFFICER
115
116 Section 5.1 There shall be a Temporary Presiding Officer to be elected from among the Members of the
117 Sanggunian who, without losing his status as a regular Member including his rights and prerogatives, shall
118 temporarily exercise all the powers, duties and functions of the Presiding Officer whenever the latter is absent
119 during the sessions of the Sanggunian.
120
121 Section 5.2 In the event of the inability of the Regular Presiding Officer and the Presiding Officer Pro-Tempore
122 to preside over a Sanggunian session, the Members present thereby constituting a “quorum” shall elect from
123 themselves a Temporary Presiding Officer.
124
125 Section 5.3 The Presiding Officer Pro-Tempore or the Temporary Presiding Officer, as the case may be, shall
126 certify within ten (10) days from the passage of ordinances enacted or resolutions adopted by the Sanggunian
127 in the session over which he temporarily presided.
128
129 Section 5.4 While presiding, the Presiding Officer Pro-Tempore or the Temporary Presiding Officer, as the
130 case may be, shall have no right to vote even if there is a tie.
131
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132 Section 5.5 The Presiding Officer Pro-Tempore or the Temporary Presiding Officer may, on his own
133 discretion, relinquish the Chair temporarily to any member of the Sanggunian if he would like to go down the
134 floor and participate in the deliberation in his capacity as a regular Member.
135
136 Section 5.6 The Presiding Officer Pro-Tempore of the Sanggunian of San Jose, Batangas is Hon. Ronald I.
137 Apritado.
138
139 RULE VI – REGULAR AND SPECIAL SESSIONS
140
141 Section 6.1 The regular session of this Sanggunian shall be once a week to be held at the Sanggunian
142 Session Hall every Monday starting at 9:00 AM. Schedule of Roll Calls are as follows:
143  First Roll Call at 9:00 AM;
144  Second Roll Call at 9:15 AM;
145  Third Roll Call at 9:30 AM;
146  After 9:30 AM, adjournment of session and any extension will be decided by 2/3 of the Members of
147 the Sangguniang Bayan.
148
149 If a holiday falls on a scheduled session date, the next working day will be utilized for the scheduled
150 session.
151
152 Section 6.2 Special Sessions may be called by the Mayor or by a majority (5 or more) of the Members of this
153 Sanggunian.
154
155
156
157 Section 6.3 A written notice shall be served personally by the Sangguniang Bayan Secretary or his duly
158 authorized representative or competent staff:
159 a. To the Sangguniang Bayan Members by handling a copy thereof.
160 b. By leaving a copy of the said notice at the Sangguniang Bayan Member’s residence with some
161 person suitable age and discretion then residing therein.
162 c. By leaving a person in charge thereof, at least twenty four (24) hours before the scheduled special
163 session stating the date, time and purpose of the Special Session.
164
165 Section 6.4 Unless otherwise agreed upon by two-thirds (2/3) vote of the Members present, there being a
166 quorum, no other matter may be considered at a Special Session except those stated in the notice.
167
168 Section 6.5 All session shall be open to the public unless a closed door session is ordered by an affirmative
169 vote of majority of the Members present, there being a quorum, in the public interest or reasons of security,
170 decency, or morality.
171
172 Section 6.6 No two (2) sessions, whether Regular or Special, may be held in a single day.
173
174 Section 6.7 Adjourned Session. An “adjourned session” may be held:
175
176 6.7.1. By a majority vote of the Members present in any Regular or Special Session, where there is no
177 quorum wherein they may decide to adjourn from time to time, or day to day, and compel the
178 attendance of the absent Members in order to obtain the necessary quorum.
179 6.7.2. By a majority vote of the Members present in any Regular or Special Session, there being a
180 quorum, in order to finish very important business which needs immediate action.
181
182 RULE VII – QUORUM
183
184 Section 7.1 A majority of the Members of the Sanggunian who have been elected and qualified shall constitute
185 a quorum to transact official business.
186
187 Section 7.2 Other interpretation to the contrary notwithstanding, the term “elected and qualified” shall be
188 construed to include not only the regular Member but also the “Ex-Officio” Members.
189
190 Section 7.3 In computing the presence of a “quorum” the term “majority” shall be based on the actual
191 membership or incumbents in the Sanggunian which shall exclude the following:
192
193 7.3.1. A Member who is abroad or on official leave of absence;
194 7.3.2. A deceased Member;
195 7.3.3. A Member who has resigned;
196 7.3.4. A Member who has been suspended or expelled or removed by final judgement.
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197
198 Section 7.4 In the absence of the quorum, the Presiding Officer may declare a recess of not more than thirty
199 (30) minutes and wait for other Members to come; or a majority of the Members present may adjourn from
200 time to time or day to day and may compel the immediate attendance of any Member absent without justifiable
201 cause by designating a Member of the Sanggunian, to be assisted by a member or members of the police
202 force, to arrest the absent Member and present him at the session hall.
203
204 If there is still no quorum despite the enforcement of the above remedial measure, the Presiding Officer
205 may, motu propio, or upon proper motion from the floor duly adopted by the Body, then declare the session
206 adjourned for lack of quorum.
207
208 Section 7.5 Whenever a question on the lack of quorum is raised by any Member, the Presiding Officer shall
209 immediately cause the reading of the roll of members and announce the result thereof and then declare
210 whether there exist a quorum or not. A request or motion to determine the presence of a quorum is not
211 debatable.
212
213 RULE VIII – ORDER OF BUSINESS
214
215 Section 8.1 The Order of Business of this Sanggunian shall be as follows:
216
217 a) Call to Order
218 b) Roll Call
219 c) Invocation (optional)
220 d) National Anthem (optional)
221 e) Reading and Consideration of the Minutes of the Previous Session
222 f) Privilege Hour
223 g) Question Hour
224 h) Calendar of Business
225 1. Unfinished Business
226 2. Business for the Day
227 3. Unassigned Business
228 i) Committee Report
229 j) Announcements (if any)
230 k) Adjournment
231
232 Section 8.2 The Calendar of Business shall be prepared by the Committee on Rules every Friday at 12:00
233 PM and a copy thereof shall be furnished to every member of this Sanggunian not less than one (1) day before
234 the date of the regular session. The Presiding Officer shall cause the Office of the Secretary to the Sanggunian
235 to provide the necessary administrative support or secretarial services to the Committee on Rules and
236 Privileges and other Standing or Special Committees.
237
238 Section 8.3 The Calendar of Business shall contain the following:
239
240 8.3.1. Unfinished Business – refers to proposals or measures that have been left unacted upon,
241 postponed or left unfinished during the previous meeting or session. This also includes items of
242 business left unfinished or unacted upon the end of the term of the previous administration.
243 8.3.2. Business for the Day – refers to a list of items that have been reported out by committees and
244 are ready for deliberation on “second reading” as determined by the Committee on Rules. This
245 also includes those items for the Body’s decision on “third and final reading”.
246 8.3.3. Unassigned Business – refers to pending matters or measures including new ones arising out
247 during the deliberation but not yet assigned or referred to any committee for appropriate action.
248
249 Section 8.4 The Calendar of Business shall contain brief description of the item of business to be taken up
250 during the regular session including but not limited to the following:
251
252 8.4.1. The title of the proposed ordinance or resolution; name of the sponsor or author and the committee
253 to which it was referred or the committee sponsoring it;
254 8.4.2. In the case of petition, letters, endorsements and other communication, the source or the name
255 of senders.
256
257 Section 8.5 In rendering committee reports, priority shall be given to regular committees (a.k.a. standing
258 committees) to be followed by special (a.k.a. Ad-Hoc) committees.
259
260 Section 8.6 As a general rule, written committee reports shall be rendered by its chairman, unless he dissents
261 with the majority decision. In his absence, the Vice-Chairman shall take his place. If neither of them is present,
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262 any committee member concurring with the report and duly designated by the said committee shall render the
263 report.
264
265 Section 8.7 If the reporting committee recommends a favorable action on the measure referred to it or if the
266 reporting committee recommends the proposed measure for appropriate action by the Sanggunian, the
267 Committee on Rules shall calendar it for “second reading”. If the reporting committee’s recommendation is
268 unfavorable, the proposed measure shall be considered laid on the table. If the reporting committee’s
269 recommendation is for the Sanggunian not to take any action and that recommendation has been adopted by
270 the Body, the proposed measure remains shelved in the committee. If the reporting committee’s
271 recommendation is for the Sanggunian to file the proposed measure away and that recommendation has been
272 adopted, then it is “filed-away” which means in layman’s language, that the proposal will be filed in the archive
273 of the Sanggunian.
274
275 Section 8.8 As a general rule, no Member of a committee shall oppose or object to the report of this committee
276 unless he submits his dissenting opinion to the majority decision in writing or orally in open session before the
277 said committee renders its report. Otherwise, he shall be precluded to oppose it on the floor.
278
279 Section 8.9 Deviations from the prescribed Order of Business may be done only under the following
280 circumstances:
281
282 8.9.1. When the Sanggunian decided to suspend the rules thru an “assumed motion” by the Chair or
283 thru a motion to suspend the rules by a Member. In any case, the decision to suspend the rules
284 shall require a vote by general consent, a unanimous vote, or at least a two-thirds (2/3) vote of
285 the Members present.
286 8.9.2. When the measure to be acted upon by the Sanggunian is “certified by the Local Chief Executive
287 as urgent”, which shall have priority over all other items of business, and shall be considered
288 without need of suspending the rules or even if it is not included in the Calendar of Business.
289
290 Section 8.10 Any Member who desires to deliver a privilege speech shall do so only for a maximum of five
291 (5) minutes. In no case, however, shall there be more than three (3) members to deliver a privilege speech in
292 one session day.
293
294 RULE IX – LEGISLATIVE PROCESS
295
296 Section 9.1 Rules in the enactment of the ordinances and adoption of resolutions. In the enactment of
297 ordinances and adoption of resolutions including other matters requiring legislative actions, the following rules
298 shall be observed:
299
300 9.1.1. Legislative actions of a general and permanent character shall be enacted in the form of
301 ordinances, while those which are of temporary character shall be passed in the form of
302 resolutions. Matters relating to proprietary functions and to private concerns shall also be acted
303 upon by resolution.
304 9.1.2. Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a
305 title or caption, an enacting or accompanied by a brief explanatory note containing the justification
306 for its approval. It shall be signed by the author or authors and submitted to the Secretary to the
307 Sanggunian who shall report the same to the Sanggunian at its next meeting.
308 9.1.3. A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need
309 not go through a third reading for its final consideration unless decided otherwise by a majority of
310 all the Sanggunian Members.
311 9.1.4. No ordinance or resolution shall be considered on second reading in any regular meeting unless
312 it has been reported out by the proper committee to which it was referred or certified as urgent by
313 the Local Chief Executive.
314 9.1.5. Any legislative matter duly certified by the Local Chief Executive as urgent whether or not it is
315 included in the calendar of business may be presented and considered by the Body at the same
316 meeting without need of suspending the rules.
317 9.1.6. The Secretary to the Sanggunian shall prepare copies of the proposed ordinance or resolution in
318 the form it was passed on second reading, and shall distribute to each Sanggunian Member a
319 copy thereof except that a measure certified by the Local Chief Executive concerned as urgent
320 may be submitted for final voting immediately after debate or amendment during the second
321 reading.
322 9.1.7. No ordinance or resolution passed by the Sanggunian in a Regular or Special Session duly called
323 for the purpose shall be valid unless approved by a majority of the Members present there being
324 a quorum.
325 9.1.8. Upon the passage of all ordinances and resolutions directing the payment of money or creating a
326 liability, and at the request of any Member of any resolution or motion, the Sanggunian shall record
327 the ayes and the nayes. Each approved ordinance or resolution shall be stamped with the seal of
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328 the Sanggunian and recorded in a book kept for the purpose.
329
330 Section 9.2 Approval of Ordinance and Veto Power of the Local Chief Executive. The approval of
331 ordinance by the Mayor, as the case may be, and the exercise of his veto power shall be governed by the
332 following rules:
333
334 9.2.1. Every ordinance enacted by the Sanggunian shall be presented to the Mayor for his approval. If
335 he approves the same, he shall affix his signature on each and every page thereof, otherwise, he
336 shall veto it and return the same with his objections to the Sanggunian, which may proceed to
337 reconsider the same. The Sanggunian may override the said veto by a two-thirds (2/3) vote of all
338 its Members thereby making the ordinance or resolution effective for all legal intents and
339 purposes.
340 9.2.2. The veto shall be communicated by the Mayor to the Sanggunian within ten (10) days otherwise,
341 the ordinance shall be deemed approved as if he had signed it.
342 9.2.3. The Mayor may veto an ordinance of the Sanggunian on the ground that it is “ultra vires” or
343 prejudicial to the public welfare, stating his reason therefore in writing.
344 9.2.4. The Mayor shall have the power to veto any particular item or items of an appropriation ordinance,
345 an ordinance or resolution adopting a Local Development Plan and Public Investment Program
346 or an ordinance directing the payment of money or creating liability. In such a case, the veto shall
347 not affect the item or items which are not objected to. The vetoed item or items shall not take
348 effect unless the Sanggunian overrides the veto in the manner as provided in this section,
349 otherwise, the item or items in the appropriation ordinance of the previous year corresponding to
350 those vetoed, if any shall be deemed re-enacted.
351 9.2.5. The Mayor may veto an ordinance or resolution only once. The Sanggunian may override the said
352 veto by two-thirds (2/3) vote of all its Members, thereby making the ordinance or resolution
353 effective even without the approval of the Local Chief Executive.
354
355 Section 9.3 Three-Reading Principle. The so-called “three-reading principle” which is commonly adopted in
356 legislative bodies shall also be followed by this Sanggunian. Hence, as a general rule, before an ordinance is
357 finally enacted, it shall undergo the following stages:
358
359 9.3.1. First Reading. At this stage, the Secretary shall read the number of the proposed draft ordinance
360 (e.g. Draft Ordinance No. ___); its title; name of the author or authors or the name of the members
361 introducing it. Thereafter, the Presiding Officer shall refer it to the appropriate committee or without
362 instructions. At this stage, no debate shall be allowed.
363 9.3.2. Second reading. At this stage, any proposed ordinance that has already been reported out by
364 concerned committee and has been calendared by the Committee on Rules for “second reading”
365 maybe sponsored by the reporting committee chairman, or his vice chairman, or any committee
366 Member designated for that purpose. Since every Member of the Sanggunian is supposed to have
367 been furnished a copy thereof, the proposed ordinance may no longer be read in full unless the
368 sponsoring committee or the Sanggunian itself decided otherwise.
369
370 After the usual sponsorship speech has been delivered, the proposed ordinance shall be
371 subjected to the following:
372
373 9.3.2.1. Period of Debate
374 9.3.2.2. Period of Amendment
375 9.3.2.3. Approval on “second reading”
376
377 9.3.3. Third (Final Reading). At this stage the Secretary shall read the proposed draft ordinance by its
378 number, title and the name of its sponsor or co-sponsor, if any. Immediate thereafter, the Presiding
379 Officer shall put the proposed ordinance to a vote. The Presiding Officer shall then formally
380 announce the result thereof and directs the Secretary to enter it in the record.
381
382 Section 9.4 Methods of Voting. Unless a different method is prescribed by the Sanggunian for a particular
383 measure, voting shall be either one of the following methods:
384
385 9.4.1. By voice (viva – voce)
386 9.4.2. By raising of hand (a.k.a. show of hand)
387 9.4.3. By rising
388 9.4.4. By ballot; or
389 9.4.5. By nominal voting (a.k.a. roll call vote)
390
391 Section 9.5 Putting the question to a Vote. The Presiding Officer shall rise whenever he is putting a question
392 to a vote. In taking the vote, the Presiding Officer, shall take first the affirmative votes and then the negative
393 votes. While still in standing position, the Presiding Officer shall announce the result thereof.
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394
395 RULE X – VOTES AND VOTING
396
397 Section 10.1 Voting on the Question. Whenever the nominal voting (or roll call voting) is being applied, the
398 Secretary shall call the roll of Members either in alphabetical order, by rank, or by representatives’ districts.
399 As each name is called, the Member shall announce his vote by stating “YES” or “NO” as the case may be.
400 As a general rule, a Member may explain his vote but not to exceed three (3) minutes. A second roll call may
401 be requested by any Member from the Chair but this time only the names of those who failed to vote shall be
402 called. This is to give another opportunity to those who failed to cast their vote to exercise their right and also
403 to determine the number of Members who might have violated the “rule on abstention”. After this second roll
404 call, no other request of the same kind shall be entertained by the Chair.
405
406 Section 10.2 Voting Restrictions. No Member can vote, or be allowed to vote, on any measure in which he
407 or any of his relatives within the third degree of consanguinity or affinity, has a direct or personal pecuniary
408 interest. This rule, however, does not apply in voting for elective positions in the Sanggunian where a Member,
409 as a matter of right, can vote for himself.
410
411 Section 10.3 Change of Vote. A Member may change his vote but only when the result of the voting has not
412 yet been announced by the Chair. Otherwise, he can only change his vote by a unanimous consent of the
413 members present. Provided that this rule shall not be applied if voting is by ballot.
414
415 Section 10.4 Vote by Late-Comer. A Member who comes in twenty (20) minutes late after the roll call during
416 the session but who happens to arrive while voting is in progress shall be allowed to vote, provided that the
417 result of the voting has not yet been announced by the chair and after the late comer had been appraised of
418 the issues by the Chair or a Member of the Sanggunian.
419
420 Section 10.5 Allowable Motion during Voting. Except for a motion pertaining to a question of quorum, no
421 other motion shall be entertained by the Chair while voting is in progress.
422
423 Section 10.6 Breaking a Tie. In case of a tie, the Presiding Officer of this Sanggunian is mandated to cast
424 his vote. He is, however, precluded under existing laws to cast his vote in order to create a tie.
425
426 Section 10.7 Majority Vote of All the Members. As provided for under RA 7160 in its Implementing Rules
427 and Regulations “a majority vote of all the members of the Sangguniang Bayan” is required in the following
428 circumstances:
429
430 10.7.1. Enactment of ordinances levying taxes, fees, or charges prescribing the rates thereof for general
431 and specific purposes and granting tax exemptions, incentives or relief’s (Sec. 447, RA 7160, par.
432 2-ii).
433 10.7.2. Adoption of resolution authorizing the Mayor to negotiate and contract loans and other forms of
434 indebtedness. (par. 2-iii, Ibid).
435 10.7.3. Enactment of ordinance authorizing the floating of bonds or other instruments of indebtedness for
436 the purpose of raising funds to finance development projects. (par. 2-iv, Ibid).
437 10.7.4. Adoption of resolution authorizing the Mayor to lease to private parties such buildings held in a
438 proprietary capacity subject to existing laws, rules and regulations. (par. 2-v, Ibid).
439 10.7.5. Enactment of ordinance granting a franchise to any person, partnership, corporation or
440 cooperative to establish, construct, operate and maintain markets or slaughterhouse, or such
441 other similar activities within the Municipality as may be allowed by applicable law. Provided, that
442 cooperatives shall be given preference in the grant of such a franchise.
443 10.7.6. Adoption of resolution concurring with the appointments issued by the Mayor to Heads of
444 Departments and Offices as required under RA 7160. (Sec. 443, RA 7160, par. d).
445
446 Section 10.8 Majority of the Members present (thereby constituting a Quorum). Except as provided in
447 Rule VII hereof, all other legislative matters or measures shall require only a “majority vote of the Members
448 present therein having a quorum” for its passage, adoption or enactment, as the case may be.
449
450 Section 10.9 Plurality Vote. A decision of the Sanggunian thru a “plurality vote” shall be valid only and
451 enforceable if it is the result of an election of Officers of the Sanggunian or Members of committees. No
452 legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this Sanggunian
453 thru a mere plurality vote.
454
455 Section 10.10 Percentage Vote. For purposes of this Section, a percentage vote shall be construed to mean
456 as a “proportion of a certain whole”. Percentage vote shall be applied in the following:
457
458 10.10.1. A two-thirds (2/3) vote of all the Members of this Sanggunian shall be required in overriding the
459 veto of the LCE for any ordinances or resolution, thereby making the particular ordinance or
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460 resolution effective for all intents and purposes. (Sec. 54, RA 7160).
461 10.10.2. Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian Members present,
462 there being a quorum, no other matters may be considered at a Special Session except those
463 stated in the notice. (Sec. 52(d), RA 7160).
464 10.10.3. The penalty of suspension or expulsion that may be imposed or meted out by the Sanggunian to
465 an erring Member “shall require the concurrence of at least two-thirds (2/3) of all the Sanggunian
466 Members”. (Sec. 50, b-5, RA 7160).
467 10.10.4. With the concurrence of at least two-thirds (2/3) of all Members of the Sanggunian, grant tax
468 exemptions, incentives or reliefs to entities engaged in community growth-inducing industries.
469 10.10.5. At least a two-thirds (2/3) affirmative vote of the Members present, there being a quorum, shall
470 be required or the adoption of the following motions:
471 10.10.5.1. Motion to suspend the rules
472 10.10.5.2. Motion to expunge
473 10.10.5.3. Motion to extend or limit debate
474 10.10.5.4. Motion to call for the previous question
475
476 10.10.6. At least a two-thirds (2/3) negative vote of the Members present, there being a quorum, shall be
477 required in order to sustain the “motion to object to the consideration of a question”.
478
479 Section 10.11 Abstentions. Indubitably, a Member of this Sanggunian is representing the people and not
480 necessarily his own self and as such he should be required to take a stand, one way or the other, on every
481 issue or measure submitted for decision of this august body. Hence, it is hereby made as a general rule that
482 no Member of this Sanggunian shall abstain from voting, except as provided under Section 10.2 of this Internal
483 Rules of Procedure. Abstention, if ever allowed to a Member, shall not be considered in computing the majority
484 vote. Since abstention is not a vote, it does not count either way. Mere silence and abstention are not the
485 equivalent of affirmative votes nor of negative votes. (Quien vs. Serina, 17SCRA 56, 1966; Ortiz vs. Posadas,
486 55 Phil. 741; 62 CJS, p. 761). This rule does not apply in voting for elective positions, if a Member is qualified.
487
488 Section 10.12 Simple Majority. Except as otherwise provided in this Internal Rules of Procedure and existing
489 laws, rules and regulations, a vote by a “simple majority” shall prevail and regulate, a vote by a “simple
490 majority” shall prevail on other measures, motions or propositions provided there is a quorum. In parliamentary
491 parlance, the term “simple majority” means one-half plus one (1/2 + 1) of the total votes cast by the Members
492 present there being a quorum. It might be less than the majority of the entire membership.
493
494 RULE XI. RULES ON DEBATES AND AMENDMENTS
495
496 Section 11.1 As a general rule, no Member shall speak before this Sanggunian without first “obtaining the
497 floor”. A Member who has obtained the floor shall address all his marks to the Chair. He shall conduct himself
498 with proper decorum by confining his remarks or arguments to the question under debate and by avoiding
499 personalities.
500
501 Section 11.2 No Member rendering a committee report or delivering the sponsorship speech shall speak for
502 more than thirty (30) minutes unless allowed by a majority of the Members present.
503
504 Section 11.3 No Member shall speak for more than ten (10) minutes on a particular issue or question being
505 debated upon unless he is allowed to do so by a majority of the Members present.
506
507 Section 11.4 During the period of amendments, every Member shall observe the so-called “five-minute rule”,
508 i.e., remarks or argumentation by any Member on each proposed amendment shall not exceed five (5)
509 minutes.
510
511 Section 11.5 The Member rendering a committee report or delivering the sponsorship speech of a proposed
512 measure may move to open or close the debate within the thirty (30) minute period allowed to him. If he fails
513 to exercise his option, the Chair may use the “assumed motion” to open or close the debate, or any Member
514 may formally move for it. In any case, after a Member has rendered a committee report or has finished his
515 sponsorship speech of a proposed measure, it shall be considered open to debate.
516
517 Section 11.6 While having the floor, a Member may be interrupted in his speech or talk by the Presiding
518 Officer to state a point of order, to respond to question from the floor, to clarify something related to the issues
519 being discussed or to make certain remarks within his privilege.
520
521 Section 11.7 The Speaker may also be interrupted by another Member if the latter desires to ask questions
522 thru his privilege to interpellate and by proposing the following motions:
523
524 11.7.1. Point of Order
525 11.7.2. Point of Information
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526 11.7.3. Point of Parliamentary Inquiry
527 11.7.4. Call for Orders of the day
528 11.7.5. Divide the Assembly
529 11.7.6. Raise a Question of Privilege
530 11.7.7. Reconsider
531 11.7.8. Appeal from the Decision of the Chair
532
533 Section 11.8 All questions addressed to the Speaker or the Member having the floor must always be coursed
534 thru the Presiding Officer.
535
536 Section 11.9 The Speaker being interpellated may decline to answer question, if he so desires.
537
538 Section 11.10 No Member shall speak against his own motion or proposition. He may, however, be permitted
539 to withdraw his motion or proposition and if his request to withdraw it is denied, he may vote against it.
540
541 Section 11.11 While the period of debate is in progress, no Member shall roam around the session hall or
542 leave the premises without the permission of the Chair.
543
544 Section 11.12 A motion to close the debate is in order if three (3) Members have already spoken in the
545 affirmative side and two (2) in the negative side; or only one (1) Member has spoken in favor but none against
546 it.
547
548 Section 11.13 Subject to the requirement of the preceding Section, if no Member moves to close the period
549 of debate, the Chair, motu propio, may use the “assumed motion” in order to close the period of debate.
550
551 Section 11.14 When a motion “to call for the previous question” is proposed by a Member which would result
552 in the closing of debate on a pending question, a two-thirds (2/3) affirmative vote shall be required.
553
554 Section 11.15 Whenever the Presiding Officer is addressing the Sanggunian, no Member shall leave his seat
555 nor interrupt the former in his talk.
556
557 Section 11.16 After the period of debate has been closed, the period of amendment shall immediately follow.
558
559 Section 11.17 Unless a different method is adopted by the Members present in a particular session,
560 amendments to any proposed measures, or parts thereof, shall be in seriatim. Under this seriatim method, the
561 proposed measure is read paragraph or section by section and after each one is read, amendments can be
562 proposed and debated upon. Thereafter, a vote is taken on the proposed amendment. Eventually, this process
563 will reach its conclusion and the original measure or proposition is said to have passed the “second reading”.
564
565
566 RULE XII – COMMITTEES
567
568 Section 12.1 Creation of Committees. The following rules shall be observed in the creation of committees:
569
570 12.1.1. A regular or standing committee may be created or re-organized by a majority vote of all the
571 Members of the Sanggunian;
572 12.1.2. The Presiding Officer may recommend the creation or re-organization of any regular or standing
573 committee. The Sanggunian shall act on his recommendation without debate and vote on it
574 immediately.
575 12.1.3. Special or Ad-Hoc committees may be created upon the initiative of the Chair or any Member,
576 subject to the affirmative votes of a majority of the Members present, there being a quorum.
577
578 Section 12.2 Composition. Every regular committee to be created shall be composed of five (5) members
579 inclusive of the Chairman and Vice-Chairman.
580
581 Section 12.3 Restrictions
582
583 12.3.1. The Presiding Officer shall not be a Member of any regular committee. However, he may be
584 designated by the Body as Chairman of an Ad-Hoc or Special Committee, provided that the
585 purpose or task for which the committee is created does not involve legislative matters or policy-
586 making.
587 12.3.2. No person other than Members of the Sanggunian shall be made a Member of any regular
588 committee.
589 12.3.3. No Member shall participate in the committee’s deliberation if he has a direct or indirect personal
590 or pecuniary interest on the matter being handled by that committee.
591
Page 9 of 22
592 Section 12.4 Committee Hearings or Public Hearings. No Tax Ordinance or revenue measure shall be
593 enacted by this Sanggunian in the absence of a public hearing duly conducted by the committees concerned.
594
595 Section 12.5 Committee Meetings. As a general rule, a committee meeting shall be attended only by
596 Committee Members unless a Majority Member thereof decided to allow other persons to be present especially
597 invited resource persons or consultants.
598
599 Section 12.6 Committee Hearing distinguished from Committee Meeting. For purposes of this Internal
600 Rules, a committee hearing is an activity of the Sanggunian, thru its committees, wherein the general public
601 particularly those representing different sectors that may be interested or to be affected by a proposed
602 measure are invited to attend to hear and be heard on that matter. This is synonymous to the term “public
603 hearing”. On the other hand, a committee meeting as the term implies, is a “meeting” of the members of the
604 committee for the primary purpose of decision-making. Since decision making is a difficult task, the committee
605 is not precluded from inviting and seeking advice from technical persons.
606
607 Section 12.7 Quorum. A majority of all the members of the committee shall constitute a quorum to do
608 business.
609
610 Section 12.8 Calling a Committee Meeting. A committee meeting may be called by the following:
611
612 12.8.1. Chairman
613 12.8.2. Vice-Chairman, if he is in the capacity of “Acting Chairman”
614 12.8.3. Majority of the committee members
615
616 Provided, that due notice is served upon each and every committee member.
617
618 Section 12.9 Vacancy. Vacancy in a committee shall be filled:
619
620 12.9.1. By a majority vote of all the Members of the Sanggunian; or
621 12.9.2. By the Presiding Officer, by general consent (unanimous assent) of the Members present, there
622 being upon.
623
624 Section 12.10 Appearance of Head of Department/Offices in Committee Meetings. The following rules
625 shall be observed in requesting for the appearance of Heads of Department or Offices:
626
627 12.10.1. Official invitation or request by any committee to appear before it of any Head of Department or
628 Offices, whether Local or National, shall be coursed thru the Presiding Officer. The Presiding
629 Officer shall then endorse it to the Local Chief Executive, in the case of Local Officials or
630 employees, and directly to the Local Head of National Offices in this Locality.
631 12.10.2. The invitation or request shall specify the reason for such appearance or the assistance needed,
632 as the case may be.
633
634 Section 12.11 Mandatory Standing Committees. The Sanggunian shall, thru a resolution, create the
635 following mandatory standing (aka regular) committees.
636
637 12.11.1. Committee on Finance, Budget and Appropriations
638
639 This committee shall be composed of five (5) members inclusive of its Chairman and Vice-
640 Chairman, to which shall be referred all matters or question pertaining to or connected with the
641 following:
642
643  Local taxes, fees and charges
644  Loans and other sources of local revenues
645  Annual and Supplemental Budgets
646  Appropriation Ordinances
647  All other matters related to local taxation and fiscal administration
648
649 Chairman : Hon. Ronald I. Apritado
650 Vice-Chairman : Hon. Marife E. Bathan
651 Members : Hon. Herminigildo P. Maquinto
652 : Hon. Arnold D. Aguila
653 : Hon. Celso G. Mandocdoc
654
655
656
Page 10 of 22
657 12.11.2. Committee on Women and Family
658
660 Chairman, to which shall be referred all matters or questions pertaining to or connected with the
661 following:
662
663  Women’s welfare rights and privileges
664  Women’s organization
665  Family Welfare
666  Family Planning
667  All other matters related to women and family
668
669 Chairman : Hon. Armida A. De Roxas
671 Members : Hon. Ronald I. Apritado
672 : Hon. Herminigildo P. Maquinto
674
675 12.11.3. Committee on Human Rights
676
679 following:
680
681  Human Rights
682  Prevention of human rights violation
683  All matters affecting human rights
684
685 Chairman : Hon. Armida A. De Roxas
687 Members : Hon. Ruel F. Ilao
688 : Hon. Renji A. Arcilla
690
691 12.11.4. Committee on Youth and Sports Development
692
695 following:
696
697  Sports development
698  Youth welfare and development
699  All matters affecting the youth and the development of sports
700
701 Chairman : Hon. Marife E. Bathan
702 Vice-Chairman : Hon. Arnold D. Aguila
704 : Hon. Ruel F. Ilao
706
707
708
709
710
711 12.11.5. Committee on Environmental Protection
712
715 following:
716
717  Environmental protection
718  Air and water pollution
719  Wanton destruction of the environment
720  All matters or measures affecting the environment
721
Page 11 of 22
724 Members : Hon. Marife E. Bathan
725 : Hon. Armida A. De Roxas
726 : Hon. Godfrey A. Umali
727
728 12.11.6. Committee on Cooperatives
729
732 following:
733
734  Cooperatives organization and development
735  Incentives to cooperatives
736  All matters affecting the cooperatives development program of the government
737
738 Chairman : Hon. Godfrey A. Umali
743
744 12.11.7. Committee on Rules and Privileges
745
748 following:
749
750  Sanggunian Internal Rules and violations thereof
751  Order of Business and Calendar for Business
752  Disorderly conduct of Members and investigation thereof
753  Privileges of Members
754
755 Chairman : Hon. Ruel F. Ilao
756 Vice-Chairman : Hon. Renji A. Arcilla
760
761
762 Section 12.12 Other Standing Committees. In addition to the above, the Sanggunian shall also create by
763 resolution other necessary standing committees which may include, but not limited to, the following:
764
765 12.12.1. Committee on Ordinances and Legal Matters
766
769 following:
770
771  Enactment, revision or amendment of all kinds of ordinances except appropriation
772 ordinance
773  Exercise of the legislative powers (taxing power, police power, corporate powers and
774 proprietary rights)
775  Legality of proposed measures to be acted upon by the Sanggunian
776  Review of Ordinances and Resolutions submitted by lower level LGU
777  Review of Barangay Ordinances and Executive Orders issued by the Punong Barangay
778  Conduct of an investigation and recommendation thereto over a complaint filed against
779 Punong Barangay
780  And all other matter with legal implications
781
783 Vice-Chairman : Hon. Ruel F. Ilao
Page 12 of 22
787
788 12.12.2. Committee on Peace and Order and Public Safety
789
792 following:
793
794  Police matters
795  Maintenance of peace and order
796  Protective services
797  Traffic rules and regulations
798  Public morals
799  All other matters related to peace and order and public safety
800
801 Chairman : Hon. Herminigildo P. Maquinto
802 Vice-Chairman : Hon. Godfrey A. Umali
806
807 12.12.3. Committee on Health, Sanitation, Social Welfare and Community Development
808
811 following:
812
813  Health, sanitation or hygiene
814  Cleanliness and beautification of the community
815  Proposed measures related to hospitals, health centers and health program
816  Purchase of medicine and other health and sanitary measures
817  Social welfare services
818  All matters related to health and social welfare
819
821 Vice-Chairman : Hon. Godfrey A. Umali
825
826 12.12.4. Committee on Agriculture
827
830 following:
831
832  Agricultural production
833  Agricultural inputs
834  Agricultural facilities
835  Development of agri-business enterprises
836  All matters related to agriculture, including plants and animals
837
843
844 12.12.5. Committee on Education and Culture
845
848 following:
849
850  Formal and non-formal education
851  Education facilities
Page 13 of 22
852  Promotion of Culture and the Arts
853  Operation of educational institutions, both private and public
854  All matters related to education and culture
855
856 Chairman : Hon. Arnold D. Aguila
857 Vice-Chairman : Hon. Armida A. De Roxas
859 : Hon. Ruel F. Ilao
860 : Hon. Marife E. Bathan
861
862 12.12.6. Committee on Human Resource Development, Good Government, Public Ethics and
863 Accountability
864
867 following:
868
869  Organization and management; personnel administration, position classification and pay
870 plan, and staffing patterns
871  Creation of position
872  Policy formulation for the economical, efficient and effective local government
873 administration
874  Conduct and ethical standards for local officials and employees
875  Public accountability of all local officials and employees
876  All matters related to good governance
877
878 Chairman : Hon. Renji A. Arcilla
879 Vice-Chairman : Hon. Ruel F. Ilao
883
884 12.12.7. Committee on Public Utilities and Facilities
885
888 following:
889
890  Operation/establishment of all kinds of public utilities, including but not limited to,
891 transport and communication system
892  Maintenance or upkeep of public facilities including, but not limited to, plaza, parks, jail
893 and other government buildings owned by this LGU
894  All matters related to public utilities and facilities
895
897 Vice-Chairman : Hon. Ronald I. Apritado
901
902 12.12.8. Committee on Market and Slaughter House
903
906 following:
907
908  Administration/operation of the public market and slaughter house
909  Measures pertaining to market rental fees and other market and other slaughter house
910 charges
911  Improvement of market facilities and its premises
912  Enactment/revision of the market code
913  All matters related to market and slaughter house administration
914
915 Chairman : Hon. Ruel F. Ilao
Page 14 of 22
920
921 12.12.9. Committee on Games and Amusement
922
925 following:
926
927  Operation/establishment of amusement places
928  Measures that affect the regulation of games and amusement including, but not limited
929 to, the promotion or holding of cockfights, boxing, basketball tournament, and other kinds
930 of games and amusement
931  All matters related to games and amusement
932
933 Chairman : Hon. Celso G. Mandocdoc
938
939 12.12.10. Committee on Trade, Commerce and Industry
940
943 following:
944
945  Establishment/operation of all kinds of trade and industry
946  Measures that affect trade, commerce and industry
947  Incentives to promote trade, commerce and industry
948  All matters related to trade, commerce and industry
949
955
956 12.12.11. Committee on Public Works
957
960 following:
961
962  Construction, maintenance and repair of roads, bridges and other government
963 infrastructure projects
964  Measure that pertain to drainage and sewerage system and similar projects
965  All matters related to public works and infrastructure projects
966
972
973 12.12.12. Committee on Housing and Land Utilization
974
977 following:
978
979  Housing program
980  Subdivision development/real estate development
981  Measures pertaining to land use
Page 15 of 22
982  Zonification or Zoning Code enactment
983  Squatter problems
984  All matters related to housing and land utilization
985
986 Chairman : Hon. Arnold D. Aguila
988 Members : Hon. Renji A. Arcilla
991
992 12.12.13. Committee on Barangay Affairs
993
996 following:
997
998  Creation, division, merging, abolition or alteration of boundaries of Barangays; (NB: For
999 Sangguniang Panlalawigan and Sangguniang Panglunsod only)
1000  Naming or renaming of barangays; (for Sangguniang Bayan only)
1001  Naming or renaming of barangay roads; (for Sangguniang Bayan only)
1002  All matters related to barangay government affairs
1003
1004 Chairman : Hon. Celso G. Mandocdoc
1005 Vice-Chairman : Hon. Herminigildo P. Maquinto
1009
1010 12.12.14. Committee on Tourism
1011
1014 following:
1015
1016  Tourism programs and plans
1017  Issues related to promoting the municipality or parts thereof as a tourism spot
1018  All matters relating to tourism
1019
1020 Chairman : Hon. Renji A. Arcilla
1025
1026 12.12.15. Committee on Research and Public Information
1027
1030 following:
1031
1032  All matters pertaining to research and dissemination of information of great public
1033 interest especially on matters regarding national laws, ordinances, orders, guidelines,
1034 fiats, and the likes to better service the public’s right to information
1035
1037 Vice-Chairman : Hon. Celso G. Mandocdoc
1041
1042
1043
1044
1045
1046
Page 16 of 22
1047 Section 12.13 Membership on Special Bodies
1048
1049 12.13.1. Municipal School Board (MSB)
1050 1. Hon. Arnold D. Aguila
1051
1052 12.13.2. Municipal Health Board (MHB)
1053 1. Hon. Marife E. Bathan
1054
1055 12.13.3. Municipal Development Council (MDC)
1056 1. Hon. Ronald I. Apritado
1058
1059 12.13.4. Municipal Peace and Order Council (MPOC)
1060 1. Hon. Herminigildo P. Maquinto
1061
1062 12.13.5. Municipal Disaster Coordinating Council (MDCC)
1063 1. Hon. Entiquio M. Briones
1065 3. Hon. Ruel F. Ilao
1066 4. Hon. Renji A. Arcilla
1069 7. Hon. Armida A. De Roxas
1070 8. Hon. Godfrey A. Umali
1072 10. Hon. Celso G. Mandocdoc
1073
1074 12.13.6. Personnel Selection Board (PSB)
1077
1078 12.13.7. Senior Citizen
1081
1082 12.13.8. Persons With Disability (PWD)
1084 2. Hon. Godfrey A. Umali
1085
1086 12.13.9. People’s Law Enforcement Board (PLEB)
1089
1090
1091 RULE XIII – COMMITTEE REPORTS
1092
1093 Section 13.1 Submission of Committee Reports. Every committee to which a particular measure is referred
1094 by the Presiding Officer shall submit its report in writing to the Sanggunian, thru the Secretary, after finishing
1095 its task within fifteen (15) days after referral to the committee.
1096
1097 Section 13.2 Joint Committee or Multiple Committee Report. When a measure is referred to two or more
1098 committees, the committee concerned may submit a “joint committee report” or “multi-committee report”, as
1099 the case may be, or a separate report thereon.
1100
1101 Section 13.3 Contents of Committee Report. The committee report shall contain the following information.
1102
1103 13.3.1. Name of the reporting committee or committees
1104 13.3.2. Brief statement of the subject matter referred to it and the action taken thereon including
1105 information gathered during the conduct of committee hearings or meetings and other relevant
1106 information
1107 13.3.3. Findings or conclusions
1108 13.3.4. Recommendations (Preferably, in the form of resolution)
1109 13.3.5. Names and signatures of concurring Members
1110 13.3.6. Appendices (Minutes of the committee hearings or committee meetings, as the case may be)
1111
Page 17 of 22
1112 Section 13.4 Discharge of Committee. A committee which failed to submit a committee report within the
1113 time required may be discharged by the Sanggunian from further consideration of the measure or questioned
1114 referred to it. Upon motion by any member, the said measure can be assigned to another committee or submit
1115 the measure to the body for proper disposition.
1116
1117 Section 13.5 Recommitting a Measure. When the Sanggunian is not satisfied with the report of a particular
1118 committee on a measure referred to it, the same may be re-committed or returned back to that committee for
1119 further study.
1120
1121 Section 13.6 Calendaring a Measure for Second Reading. After a committee has rendered its report and
1122 is recommending favorably the enactment of a proposed ordinance it has “reported out”, a copy of the
1123 proposed ordinance shall be furnished to the Committee on Rules which shall calendar it for “second reading”.
1124 Before the said proposed ordinance is sponsored on the floor, a copy thereof shall be furnished every
1125 Sanggunian Member by the Committee Chairman concerned.
1126
1127 RULE XIV – JOURNAL AND RECORD OF PROCEEDINGS
1128
1129 Section 14.1 Record of Proceedings. The Sanggunian shall keep a “journal and record” of its proceedings
1130 which may be published upon resolution of the majority of the Members thereof.
1131
1132 Section 14.2 Minutes. In addition to the “journal of proceedings” which is required by law (RA 7160) to be
1133 kept, the Sanggunian, thru its Secretary, shall also record its proceedings in the form of a “minutes” which
1134 shall be submitted by the Secretary to the Sanggunian for appropriate action.
1135
1136 Section 14.3 Reading and Consideration of Minutes. The minutes of the previous session shall be
1137 submitted by the Secretary to the Sanggunian during its succeeding Regular Session. The Sanggunian shall
1138 first determine if there are corrections to be made on the minutes and act on it accordingly before the same is
1139 adopted by the body and becomes its property. Consideration of the minutes shall not be dispensed with.
1140 Reading of the minutes “verbatim” may be dispensed with if the members were already furnished a copy
1141 thereof beforehand. Being all responsible men and women, the Members are presumed to have read the
1142 minutes already before they came to the session. In any case, the minutes submitted by the Secretary shall
1143 be acted upon by the Members present, one way or the other.
1144
1145 Section 14.4 Contents of Minutes. The minutes shall contain the following information:
1146
1147  Place, Date and Time of the session
1148  Whether it is Special or Regular
1149  Names of the Members present therein and those who were absent
1150  Action taken on the minutes of the previous session including the correction; if any: names of those
1151 who adopted (for approved) the minutes under consideration and those who did not
1152  Text of every measure (resolution or ordinance, etc. adopted or enacted)
1153  Brief resumé of the minority opinion if any
1154  The “ayes” and “nayes” or “yes” or “no” votes on every question (measure) and if voting is done thru
1155 nominal voting or roll call vote, the names of those who voted on either side
1156  All motions presented or proposed, whether lost or carried, except those withdrawn
1157  Full text of the veto message of the local chief executive, if any
1158  Time of adjournment
1159
1160 Section 14.5 Signing of Minutes. The original copy of the minutes shall be signed by the Members who
1161 adopted or approved it at the particular space therein. The Presiding Officer at that particular session and the
1162 secretary shall also sign or affix their signature on it. (Maximum of 15 days)
1163
1164 Section 14.6 Excerpts. Excerpts to be taken out of the minutes shall be certified and attested to as correct
1165 by the Secretary and the Presiding Officer on the particular session, respectively.
1166
1167 RULE XV – RULES ON MOTION
1168
1169 Section 15.1 All motions relating to a committee report, if presented or proposed by the reporting Committee
1170 Chairman, or the reporting Committee Member, shall need NO second.
1171
1172 Section 15.2 If someone “has the floor” whether or not he is speaking a “motion to adjourn” shall be ruled “out
1173 of order”.
1174
1175 Section 15.3 All “privileged motions” may be proposed even if there is a pending motion or question before
1176 the body.
Page 18 of 22
1177
1178 Section 15.4 The following motions can be presented or proposed even if someone has the floor, viz:
1179
1180 15.4.1. Appeal from the decision of the Chair
1181 15.4.2. Call for orders of the day
1182 15.4.3. Divide the assembly, body (or house, if any)
1183 15.4.4. Divide the question
1184 15.4.5. Object to the consideration of a question
1185 15.4.6. Point of order
1186 15.4.7. Point of information
1187 15.4.8. Point of parliamentary
1189 15.4.10. Reconsider and have entered on the minutes
1190 15.4.11. Raise a question of privilege
1191
1192 In other words, the foregoing enumerated motions can interrupt the speaker.
1193
1194 Section 15.5 When there is no quorum present, a motion to adjourn or to take a recess is “in order” provided,
1195 that nobody else has the floor.
1196
1197 Section 15.6 Motions or questions which were laid on the table may be taken up thru a motion to that effect
1198 during that particular session or during the next regular session but not beyond.
1199
1200 Section 15.7 The following motions require a SECOND, viz:
1201
1202 15.7.1. Adjourn
1203 15.7.2. Adopt a report or resolution, except when proposed by the reporting Committee Chairman or
1204 Member
1205 15.7.3. Amend
1206 15.7.4. Appeal from the decision of the Chair
1207 15.7.5. Commit or refer to a committee
1208 15.7.6. Expunge
1209 15.7.7. Extend or limit the time or debate
1210 15.7.8. Fix the time to adjourn
1211 15.7.9. Lay on the table
1212 15.7.10. Postpone definitely
1213 15.7.11. Postpone indefinitely
1214 15.7.12. Call for the previous question
1215 15.7.13. Recess
1217 15.7.15. Reconsider and have entered on the minutes
1218 15.7.16. Rescind or repeal
1219 15.7.17. Suspend the rules
1220 15.7.18. Take from the table
1221 15.7.19. All main motions
1222
1223 Section 15.8 A motion to amend (amendment of the 1st degree) and a motion to amend an amendment
1224 (amendment of the 2nd degree) may be withdrawn but only before a decision is made thereon.
1225
1226 Section 15.9 A motion to amend is in order only up to the second degree. Thus, a motion “to amend an
1227 amendment to an amendment” is out of order.
1228
1229 Section 15.10 A motion can be withdrawn only when it is not yet being discussed or debated upon by the
1230 Body. Otherwise, any request to withdraw it shall require a vote by general consent and if there is an objection
1231 raised for its withdrawal, a majority vote of the Members present.
1232
1233 RULE XVI – SUSPENSION OF RULES
1234
1235 Section 16.1 Any part of this “Internal Rules of Procedure” except those prescribed by existing laws, may be
1236 suspended at any particular session by general consent or by a two-thirds (2/3) vote of the Members present
1237 therein.
1238
1239 RULE XVII – AMENDMENTS
1240
1241 Section 17.1 This Internal Rules of Procedure may be amended at any regular session by a two-thirds (2/3)
1242 vote of all the Members of this Sanggunian, provided that prior notice of such proposed amendment is given
Page 19 of 22
1243 to all the Members and provided further that no provision herein which is based on, or prescribed by existing
1244 laws, shall be amended.
1245
1246 RULE XVIII – SUPPLEMENTARY RULES
1247
1248 Section 18.1 The rules, procedure and parliamentary practices of the Philippine Congress and books dealing
1249 on this subject written by Filipino authors, particularly by Antonio Orendain, Reynaldo Fajardo and Reverendo
1250 M. Dihan, shall serve as supplementary authorities of this Sanggunian but only in so far as they are not
1251 incompatible with the rules and procedures adopted therein.
1252
1253 Section 18.2 Conduct of Travelling and Representation Activities and Availment of Representation and
1254 Transportation Allowance (RATA). It is assumed that all elective officials in the Sangguniang Bayan are
1255 entitled to the representation and Transportation allowance if they have rendered services accruing their
1256 tenure as elective officials at least once a week whether it be legislation or actual people interaction or any
1257 activities relating to the function.
1258
1259 RULE XIX – OTHERS
1260
1261 Section 19.1 Any Members of the Sanggunian who comes in twenty (20) minutes after constituting a quorum
1262 will be recorded as absent but will be allowed to observe the proceedings but cannot participate in the
1263 deliberations.
1264
1265 Section 19.2 Random Mandatory Drug Testing for Members of the Sangguniang Bayan as per RA 9165,
1266 otherwise known as “An Act Instituting the Comprehensive Dangerous Drugs Act of 2002” and supplemented
1267 by Civil Service Commission Memorandum Circular No. 13, Series of 2010, “Guidelines for a Drug-Free
1268 Workplace in the Bureaucracy”.
1269
1270 Section 19.3 No cellular phone or other noisy electronic equipment will be operated during session.
1271
1272 Section 19.4 At the duration of the session, smoking will be prohibited.
1273
1274 Section 19.5 Dress code – Black Pants/Slacks and White Polo Barong / Plain White Shirt / Black
1275 Shoes;
1276 – First Monday of the Month - Short Sleeve Barong
1277
1278 RULE XX – EFFECTIVITY
1279
1280 Section 20.1 This “Internal Rules of Procedure” shall take effect on the date of its adoption.
1281
1282 Date Adopted: July 4, 2016
1283
1284 Much as the IRP of the Sangguniang Bayan is in place, the authorities who will sign withdrawals in our
1285 Land Bank Lipa City Account was presented as:
1286
1288
1289 A RESOLUTION AUTHORIZING AND DEFINING SIGNING AUTHORITIES
1290 FOR THE LOCAL GOVERNMENT UNIT OF SAN JOSE, BATANGAS
1291 BANK ACCOUNTS AT LAND BANK LIPA CITY BRANCH
1292
1293 WHEREAS, the Local Government Unit of San Jose, Batangas has the Land Bank Lipa City Branch as
1294 the lone depository bank where all municipal funds are maintained and transacted through various accounts;
1295
1296 WHEREAS, at the onset and assumption of duties of the newly elected officials, is the updating of our
1297 bank records especially the official signatories.
1298
1299 SO THEREFORE, on motion of Hon. Ronald I. Apritado and concurred into by all Members present,
1300 resolve to approve as it is hereby approved that the following are our official signatories for all contracts and
1301 negotiable instruments for and in behalf of the Municipality of San Jose, Batangas with Land Bank Lipa City
1302 Branch:
1303
1304 1. HON. VALENTINO R. PATRON – Municipal Mayor, for all transactions, checks relating to the
1305 operation of the Executive Branch of the Local Government Unit of San Jose, Batangas;
1306 2. HON. ENTIQUIO M. BRIONES – Municipal Vice-Mayor, for all transactions, checks relating to the
1307 operation of the Legislative Department of the Local Government Unit of San Jose, Batangas;
Page 20 of 22
1308 3. MR. JOSELITO J. MARQUEZ – Municipal Treasurer, for all checks and other negotiable
1309 instruments.
1310
1311 RESOLVED FURTHER that this authority is retroactively effective July 1, 2016 and prior authorities issued
1312 by the Sangguniang Bayan relating to the aforesaid functions are superseded and nullified.
1313
1314 RESOLVED FINALLY that copies of this resolution be provided to parties with interest hereon.
1315
1316
1317 On Other concerns, the following is passed as:
1318
1320
1321 A RESOLUTION REQUESTING THE MUNICIPAL MAYOR TO INCLUDE IN THE RAPID
1322 CLEANLINESS PROGRAM, THE PUBLIC MARKET AT BARANGAY TAYSAN, SIDEWALKS
1323 AND SIDESTREETS IN THE URBAN AREAS AND INGRESS/EGRESS MARKERS
1324
1325 WHEREAS, the Municipal Mayor, at day one (1) of his tenure as the Head of the Executive Department
1326 had laid down the cleanliness priorities in the Municipality;
1327
1328 WHEREAS, frequented by people are our Public Market, streets and most visible are the entrances for
1329 our urban areas.
1330
1331 WHEREFORE, on motion of Hon. Ruel F. Ilao and concurred into by all Members present, resolve to
1332 approve as it is hereby approved that the aforesaid priorities be requested to be considered.
1333
1334 RESOLVE FINALLY that copies of this resolution be provided to parties with interest hereon.
1335
1336
1337 On other concerns, the following is passed as:
1338
1340
1341 A RESOLUTION REQUESTING THE OFFICE OF THE PROVINCIAL ENGINEER
1342 TO MAINTAIN TRAFFIC AND FLOW OF VEHICLES AT THE
1343 LAPO-LAPO 1 – AYA – MOJON ROAD CONSTRUCTION AREA
1344
1345 WHEREAS, a massive road construction is being conducted along the Lapo-Lapo 1 – Aya roads and
1346 diggings and construction are being undertaken at various points;
1347
1348 WHEREAS, vehicle flow and traffic has not been properly controlled causing confusion and creating a lot
1349 of complaints from motorists;
1350
1351 WHEREAS, it was learned that marshals and traffic controllers are included in the program of work but
1352 are not visible in the area including signages during the night for safety.
1353
1354 WHEREFORE, on motion of Hon. Godfrey A. Umali and seconded by Hon. Arnold D. Aguila, resolve to
1355 approve as it is hereby approved that the aforesaid concern be requested to be addressed immediately.
1356
1357 RESOLVE FINALLY that copies of this resolution be provided to parties with interest hereon.
1358
1359
1360 On Officers of the Day, schedule are as follows:
1361  Tuesday – Hon. Ronald I. Apritado / Hon. Arnold D. Aguila;
1362  Wednesday – Hon. Renji A. Arcilla / Hon. Godfrey A. Umali;
1363  Thursday – Hon. Armida A. De Roxas / Hon. Marife E. Bathan;
1364  Friday – Hon. Ruel F. Ilao / Hon. Herminigildo P. Maquinto.
1365
1366
1367 As all in the Calendar had been taken up, the session adjourned at 12:07 PM.
1368
1369
1370
1371
Page 21 of 22
1372 I hereby certify the correctness of the foregoing Minutes of the 1st Regular Session of the Sangguniang
1373 Bayan.
1374
1375
CESAR P. ROSALES
Secretary to the Sanggunian
ATTESTED BY:
RONALD I. APRITADO RUEL F. ILAO

Sangguniang Bayan Member Sangguniang Bayan Member
RENJI A. ARCILLA MARIFE E. BATHAN

ARMIDA A. DE ROXAS HERMINIGILDO P. MAQUINTO

GODFREY A. UMALI ARNOLD D. AGUILA

ENTIQUIO M. BRIONES
Municipal Vice-Mayor and SB Presiding Officer
Page 22 of 22

1st Regular Session - Approved

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1st Regular Session - Approved

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1 Republic of the Philippines

RONALD I. APRITADO RUEL F. ILAO

RENJI A. ARCILLA MARIFE E. BATHAN

ARMIDA A. DE ROXAS HERMINIGILDO P. MAQUINTO

GODFREY A. UMALI ARNOLD D. AGUILA

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