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Legislative Tracking System

1995 ORDINANCE NO. 6

AN ORDINANCE ADOPTING THE INTERNAL RULES OF PROCEDURES FOR THE SANGGUNIANG BAYAN OF CATARMAN, CAMIGUIN.


BE IT ORDAINED by the Sangguniang Bayan of Catarman, it its regular session, the above-entitled ordinance:


RULE I – MEMBERSHIP


Section 1. Composition – the Sangguniang Bayan shall be composed of the Municipal Vice Mayor, as Presiding Officer, the eight members elected at large, representative of the Sangguniang Kabataan, representative of the Liga ng mga Barangay, and such other sectoral representatives, if any, as may be chosen pursuant to law.


Section 2. The members of the Sangguniang shall assume office on the day and in the manner provided for by law, and shall hold the same until their successors shall have been duly chosen and qualified. They shall, on the day and time fixed by resolution, meet at the designated place for the holding of the meetings of the Sanggunian and proceed to do business forthwith.


Section 3. The Sanggunian may punish its members for disorderly behavior and absence without justifiable cause for four consecutive meetings, for which they may be censured, reprimanded, or excluded from the session hall, or with the concurrence of at least two-thirds of all members of the Sanggunian, be suspended  or expelled, provided that a member convicted by moral turpitude shall be automatically expelled from the Sanggunian.


The following shall be considered, among others, disorderly behavior:


1)  When a member is making noise that tends to disturb the proceedings of the session;

2)  When a member is using defamatory statements against the Presiding Officer, any member and/or the secretary;

3)  When a member challenge his colleagues or guests invited to attend the session to a fight;

4)  When a member insists on talking in spite of the order of the Presiding Officer to stop talking.


Section 4. Every member shall be present in the session hall of the sanggunian during its meeting unless expressly excused by it or necessarily prevented from doing so by reason of sickness or other unavoidable circumstances duly reported to the Sanggunian, through the Presiding Officer of the Secretary.


Section 5. Every member shall participate in the exercise of the powers vested in, and in performing the duties imposed upon, the Sanggunian as a body, and shall represent  the interest of the people of the entire municipality.


Section 6. Every member present at a meeting shall vote on every question put unless he has a direct personal or pecuniary interest therein.



RULE II – PRESIDING OFFICER


Section 7. The Vice Mayor shall be the Presiding Officer of the Sanggunian and, as such, shall have the following rights and duties:


1)   To preside over the meetings of the Sanggunian.

2)   To preserve order and decorum during the meetings and too exact from all present due respect and proper deportment, prevent disturbance and disorder, and to other the session hall cleared of any or all persons behaving improperly.

3)   To decide all questions of order, subject to appeal by any member.

4)   To sign all draft ordinances and resolution passed by the Sanggunian and all other orders, proceedings, and warrants issued by order of the Sanggunian.

5)   To declare the meeting adjourned to some other time or place in case of serious disorder or great emergency.


Section 8. The presiding officer shall assist in expediting the business of the Sanggunian and shall, for this purpose, be permitted to make brief remarks on matters pertaining to pending debatable questions without expressing himself for or against said questions.

Section 9. As presiding officer, the vice mayor is entitled to vote but only to break a tie. He may not, however, be compelled to vote.

Section 10. In the event of the inability of the regular presiding officer to preside at a Sanggunian meeting, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify to the passage of ordinances and resolutions within ten days from the enactment of adoption thereof at the meeting over which he temporarily presided.

RULE III – THE SECRETARY


Section 11. There shall be a secretary of the Sanggunian. He shall keep his office in the building where the Sanggunian meets or at some other convenient place as the Sanggunian may direct. Apart from the functions inherent to his position, his duties shall be as follows:


1)  Attend meetings of the Sanggunian and keep a journal of its proceedings.

2)  Keep the seal of the local government unit and affix the same with his signature to all ordinances, resolutions, and other official acts of the Sanggunian and present the same to the presiding officer for his signature.

3)  Forward to the mayor copies of ordinances and resolutions passed by the sanggunian and duly certified by the presiding officer.

4)  Forward to the Sangguniang Panlalawigan, for review, within three days after approval, copies of approved ordinances and resolutions on local development plans and public investment programs formulated by the local development councils.

5)  Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the treasurer of such fees as may be prescribed by ordinance.

6)  Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sangguniang, with the dates of passage and publication thereof.

7)  Keep his office and all non-confidential records therein open to the public during the usual business hours.

8)  Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version in the manner provided for by law.

9)  Assume custody of the local archives and, where applicable, the local library and annually account for the same.

10)  Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position.


Section 12. If the secretary is absent or hindered by physical reasons to perform some of his duties, such as reading the minutes, resolutions, ordinance and other documents or papers, the same may be performed by some other person whom may be designated for the purpose by the presiding officer.



RULE IV - COMMITTEES AND COMMITTEE REPORTS


Section 13. The Sanggunian shall create by resolution not later than the second meeting at the beginning of each term mandatory and other standing committees to include, among others, the following:


1)  Committee on Rules and Privileges, with general jurisdiction over all matters relating to the rules of the sanggunian, order of businessm creation and reorganization of committees, and the disorderly behavior and privileges of its members, as well as all matters relating to the legal aspects of action taken by, or submitted to, the sanggunian.

2)  Committee on Appropriation, with general jurisdiction over all matters relating to funds for the expenditures of the municipal government and for the payment of public indebtedness; claim against the government;

3)  Committee on Women & Family and Social Services, with the general jurisdiction over all matters pertaining to the protection and well-being of women and the family consistent with the provisions of law; social welfare services; and all other matters regarding social welfare services.

4)  Committee on Human Rights, with general jurisdiction over all matter pertaining to the protection of the natural and legal rights of every person.

5)  Committee on Youth and Sports Development, with general jurisdiction over all matters pertaining to the development of the youth through civic and social activities and the promotion and development of sports for nation-building.

6)  Committee on Environmental Protection, with general jurisdiction over all matters pertaining to the protection of the environment against destruction and pollution.

7)  Committee on Cooperative, with general jurisdiction over all matters pertaining to the promotion, establishment and operation of cooperatives and cooperativism among farmers, fishermen and similar entrepreneurial groups for the benefit of their members.

8)  Committee on Barangay Affairs, with general jurisdiction over all matters pertaining to the creation of new barangays, review of barangay enactments, and generally all barangay affairs.



OTHER STANDING COMMITTEE


1)  Committee on Ordinances and Legal Matters, with general jurisdiction over all matters pertaining to enactment, revision or amendment of all kinds of ordinances except appropriation ordinance; exercise of the legislative powers (taxing power, police power, corporate power and proprietory rights); legality of proposed measures to be acted by the sanggunian; and review of ordinances and resolutions submitted by lower level LGUs.

2) Committee on Peace and Order and Public Safety, with general jurisdiction over all matters pertaining to police matters, maintenance of peace and order; protective services; traffic rules and regulations; fire prevention and control measures; public morale; and all other matters related to peace and order and public safety.

3) Committee on Health, with general jurisdiction over all matters pertaining to health, sanitation or hygiene; cleanliness and beautification of the community; proposed measures related to hospitals, health centers and health programs, and all matters related to health.

4) Committee on Health, with general jurisdiction over all matters pertaining to agricultural production; agricultural inputs; agricultural facilities; development of agri-business enterprises; and all other matters related to agriculture, including plants and animals.

5) Committee on Education and Culture, with general jurisdiction over all matters pertaining to formal and non-formal education; agricultural facilities; promotion of culture and sports; operation of educational institutions, both private and public; and all other matters related to education and culture.

6) Committee on Good Government, Public Ethics and Accountability, with general jurisdiction over all matters pertaining to organization and management, personnel administration, position classification and pay plan, and staffing patterns; creation of positions; policy formulation for the economical, efficient and effective local government administration; conduct an ethical standards for local officials and employees; public accountability of local officials and employees; and all other matters related to good governance.

7) Committee on Public Utilities and Facilities, with general jurisdiction over all matters pertaining to operation/establishment of all funds of public utilities, including but not limited to transport and communication system; maintenance or unkeep of public facilities including but not limited to plaza, parks, jail and other government buildings owned by this LGU; and all other matters related to public utilities and facilities.

8) Committee on Market and Slaughterhouse, with general jurisdiction over all matters pertaining to administration/operation of the public market and slaughterhouse, measure pertaining to market rental fees and other market and slaughterhouse charges; improvement of marker facilities and its premises; anactment/revision of the market code; and all other matters related to market and slaughterhouse administration.

9) Committee on Games and Amusements, with general jurisdiction over all matters pertaining to operation/establishment of amusement places; measures that affect the regulation of games and amusements including but not limited to the promotion or holding of cockfights, boxing, basketball tournaments and other kinds of games and amusements; and all other matters related to games and amusements.

10) Committee on Trade, Commerce and Industry, with general jurisdiction over all matters pertaining to establishment/operation of all kinds of trade and industry; measures that affect trade, commerce and industry.

11) Committee on Public Works and Waterworks, with general jurisdiction over all matters pertaining to construction, maintenance and repair of roads, bridges and other government infrastructure projects; measures that pertain to drainage and sewerage system and similar projects; and all other matters related to public works and waterworks.

12) Committee on Housing and Utilization, with general jurisdiction over all matters pertaining to housing development; subdivision development/real estate development; measures pertaining to land uses; zonification of Zoning Code enactment; squatters problems; and all other matters related to housing and land utilization.

13) Committee on Tourism, with general jurisdiction over all matters pertaining to the promotion of tourism industry in the municipality and all other related matters pertaining to tourism industry.


Section 14. Each committee shall be composed of a chairman, a vice chairman, and such number of members as may be determined by the Sanggunian, provided that the sectoral representatives shall ipso facto chair the committees corresponding to their respective sectors. The president of the local chapter of the Liga ng mga Barangay shall similarly chair the committee on barangay affairs or its equivalent.


Section 15. The presiding officer shall not be a member of any regular committee but may be designated by the body as chairman of a special committee created for special purposes not involving policy-making.


Section 16. No member of the Sanggunian shall be a chairman or vice chairman of more than three, nor a member of more than three, regular committees.


Section 17. No member shall be elected to any committee which has jurisdiction over a matter regarding which such member has a direct personal or pecuniary interest.


Section 18. Committees shall meet at the call of their respective Chairman or a majority of their members, provided due notice is served upon each and every member thereof.


Section 19. A majority of the members of a committee shall constitute a quorum to do business. Unexplained absences in four consecutive committee meetings shall operate to relinquish membership therein.


Section 20. When a vacancy occurs in a committee, the same shall be filled by a majority vote of all the members of the Sanggunian.


Section 21. Any committee may request, through the presiding officer, the appearance before it of any official of the municipality over which the Sanggunian exercises jurisdiction. Any person may appear at a committee meeting and present his views on matters before it at such time as the committee may designate.


Section 22. Ordinances requiring direct appropriation of public funds, if favorably reported by the committee to which it was initially committed by the presiding officer, shall be referred to the committee on appropriation, or its equivalent, for its action on so much of the proposed measure requiring appropriation of public funds.


Section 23. All committees shall report to the Sanggunian on every matter referred to them by the presiding officer. When a measure is referred to two or more regular committees, the committees concerned may submit a joint or separate report thereon.


Section 24. Committee reports shall be adopted formally. Securing signature of committee members in lieu of a formal meeting is prohibited.


Section 25. A committee member, unless he has entered his objections to the committee report or, in lieu thereof, has filed with the secretary his dissenting vote in writing before the report is submitted to the body in open session, shall be presumed to have concurred in the report and shall thus be precluded from opposing it on the floor.


Section 26. A committee, reporting out a proposed ordinance/resolution, shall submit a copy of its report and a copy of the proposed ordinance/resolution to the committee on rules which shall calendar the same for second reading. Copies thereof shall also be furnished every Sanggunian member preparatory to its consideration on the floor.


Section 27. A committee, which has failed to submit a report on a particular question or for any similarly valid reason, may be discharged by the body from further consideration of said question and may, through the same motion, assign it to another committee or submit the question to the body for disposition.


Section 28. Special committees may be created by the Sanggunian for special purposes and as the need for them arise. They shall cease as soon as the body shall have received their reports unless new assignments are given to them. They are subject to the same rules governing regular committees.



RULE V – MEETINGS



Section 29. The Sanggunian shall hold regular meetings at least once a week on such day, time and place as it may designated by resolution. The series of meetings during a legislative year shall constitute a session.


Section 30. Special meetings may be held as the need for them arises. The local chief executive or a majority of the members of the Sanggunian may call a special meeting by giving written notice of it and serving it personally to each member or leaving a copy thereof with a member of his household at his usual place of residence at least twenty-four hours before the special meeting is held. The notice must state the day, time, place and purpose of the meeting. Unless otherwise agreed upon by two-thirds vote of the members present, there being a quorum, no other matter may be considered at a special meeting except those stated in the notice.


Section 31. Any meeting, regular or special, may, in case the amount of business shall require, be adjourned from day to day until the business is completed. No two meetings, whether regular of special, may be held in a single day.


Section 32. The meeting of the Sanggunian shall be open to the public, unless a closed-door meeting is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality, or when considering appointments submitted to it by the Mayor or Vice Mayor, or other delicate matters.


Section 33. Every member shall be required to wear formal attire during the session of the Sanggunian: For Men – Barong or longsleeve polo-shirt; For Women – Barong or any formal dresses, and failure to wear the same shall be fined in the amount of P100.00.


Section 34. A majority of all the members of the Sanggunian who have been duly elected and qualified shall constitute a quorum for it to transact official business.


Section 35. When there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of those present may adjourn from time to time and 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 assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session hall.


Section 36. Should the question of lack of quorum be raised, the presiding officer, without debate, shall immediately proceed to a verification thereof by causing the reading of the roll of members and announcing the result forthwith.


If, in spite of the above, there is still an absence of a quorum or there is no prospect of constituting one, no other business shall be transacted and the presiding officer shall declare the meeting adjourned for luck of quorum.


Section 37. No meeting shall be suspended, or adjourned except when so directed by the Sanggunian, but the presiding officer may, in his discretion, declare a recess in short intervals or suspended or adjourn the meeting in case of grave emergency or when the same become unruly or uncontrollable.



RULE VII – ORDER OF BUSINESS


Section 38. The order of business in the Sanggunian shall be as follows:


1)  Call to order

2)  National Anthem (Optional)

3)  Invocation (Optional)

4)  Roll call

5)  Reading and consideration of Previous Minutes

6)  Privilege Hour

7)  Question Hour

8)  First Reading and Referral of Measures and Reading of communications

9)   Committee Reports

10)  Calendar of Business

a)   Unfinished Business

b)   Business for the day

b.1)Third Reading

b.2) Second Reading

c) Unassigned Business

11) Announcements

12) Adjournment


Section 39. The Committee on Rules shall prepare the calendar of business of every meeting and shall cause the secretary to furnish a copy thereof to every member of the sanggunian not less than three days before every regular meeting.


Section 40. The calendar of business shall contain a brief description of each item of business to be taken up during the meeting, indicating the sources, in the case of communications, endorsements, petition, memorials and memoranda; the name of the author or authors, is the case of ordinances, resolutions and notion; and the committee or committees to which they have been referred.


Section 41. Committee reports shall be rendered, first, by the regular committee in the order they are listed in the rules of the Sanggunian, then by special committee, in the order of their creation.


The report, consisting of the findings and recommendations of the majority of the committees, shall be made by its chairman, or, if he dissents with the majority opinion, by any committee member concurring therein and duly designated for the purpose. If the recommendation is favorable, the committee on rules shall calendar it for second reading, otherwise, it shall be considered laid on the table.


Section 42. The consideration of unfinished business shall be resumed after the committee reports have been rendered, and so on at each succeeding meeting, until such unfinished business is disposed of.


Section 43. The business for the day shall consist of ordinances, resolutions and other legislative matters set on the calendar for the consideration of the Sanggunian, and each shall be taken up in the order in which it is set in the calendar.


Section 44. Ordinances, resolutions, and other legislative matters scheduled for final reading shall be considered in the manner prescribed hereafter.


Section 45. On a motion to suspend the rules, items of business may be taken away from their fixed order and considered forthwith by the body.



RULE VIII

PROCEDURE FOR ORDINANCES, RESOLUTIONS, AND OTHER LEGISLATIVE MEASURES



Section 46. Legislative actions of a general and permanent character shall be enacted in the form of ordinances while those which 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.


Section 47. Every ordinance and resolution presented for consideration shall be, respectively, denominated as a ”Draft Ordinance” and “Draft Resolution”,  and upon approval, each shall be known as “Ordinance or Resolution” as the case may be.


Section 48. Ordinance and resolutions shall be proposed in writing and shall contain an assigned number, a title or caption, the name of the author or authors, and enacting or ordaining clause, and the date of its effectivity. They shall be signed by the author or authors and submitted to the secretary who shall report them to the Sanggunian at its next meeting.


Section 49. Before an ordinance or a resolution may be finally enacted, it shall undergo three readings, as follows:


First reading, which shall consist of the reading by the secretary of the number and title of the draft ordinance or resolution and the name of the author or authors, after which it shall be referred by the presiding officer to the appropriate committee or committees without debate;


Second reading, at which the proposed ordinance or resolution, after having been sponsored on the floor by the committee chairman or by any committee member designated for the purpose, shall be read in full in the manner recommended by the committee or committees, whereupon the measure shall be subject, first, to debate, and then, to amendments and all proper parliamentary motions; and


Third reading, at which no debate or amendment shall be allowed, but the title or the proposed ordinance or resolution shall be read and the question upon its passage shall be immediately taken.


A resolution shall be enacted in the manner prescribed for an ordinance but it need not go through a third reading for its final consideration unless it partakes or the nature of an ordinance or unless decided otherwise by a majority of all the members.


Section 50. In case of an erroneous of a measure to a committee, the same may be corrected at a subsequent after the reading of the minutes containing the referral, by a majority vote of the body on motion of the committee on rules or the committee claiming, jurisdiction over it or the committee to which it was erroneously referred.


 Section 51. In a proposed ordinance or resolution, resulting from a consolidation or substitution made by a committee, there shall be named as authors every member who has signed as much any of the proposed ordinance or resolutions consolidated or substituted for, is the order of the names shown therein and according to the date of their filing.


Section 52. No ordinance or resolution shall be considered on second reading in any regular meeting that has not been reported out by the proper committee except those prepared and introduced by the committees having proper jurisdiction over the subjects thereof and those certified as urgent by the mayor.


Section 53. The secretary shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading, and shall distribute to each member to the Sanggunian a copy thereof at least three days before it is voted upon for final approval, except if the measure has been certified by the mayor as urgent in which case it may be submitted for final voting immediately after the second reading.

Section 54. Motion may be presented orally or in writing and considered according to the rules prescribed for ordinance and resolutions, provided, however, that any motion which, in the opinion of the body, may be acted upon without reference to any committee, may be considered immediately for final action. An urgent motion, if substantive in character and presented orally, shall, if approved, be written out by the secretary  in resolution or ordinance form, as the case may be.


Section 55. The affirmative votes of a majority of all the members of the Sanggunian shall be necessary for the passage of any ordinance, resolution or motion directing the payment of money or creating liability. Other measures shall prevail upon the majority vote of the members present and voting at any meeting duly called and held, there being a quorum.


Section 56. The ayes (yes) and nays (no) shall be taken and recorded upon the passage of all ordinances, upon resolutions or motions directing the payment of money or creating liability, and, at the request of any member, upon any other resolution or motion. Each approved ordinance, resolution or motion shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.


Section 57. Ordinances and resolutions passed by the Sanggunian shall be approved and signed by the mayor. The approval of the mayor must be in writing, affected by him by endorsing the word “Approved” followed by his signature on each and every page of the ordinance or resolution.


Section 58. The mayor may veto ordinance or resolution presented to him by signifying his disapproval and reasons therefore in writing and returning the same to the Sanggunian within ten days from his receipt thereof, otherwise the ordinance or resolution shall be deemed approved as if he had signed it.


Section 59. Upon receipt of the mayor’s veto, the Sanggunian shall record the objections of the local chief executive at large on the minutes, and may proceed to reconsider the ordinance or resolution of the item or items vetoed. After reconsideration, the Sanggunian shall proceed to vote on the ordinance or resolution or a vetoed item of items thereof, and the vote of each Sanggunian member shall be recorded on the minutes, If the ordinance or resolution or the vetoed item or items thereof are passed by the veto of two thirds of all members of the Sanggunian, such ordinance or resolution shall be valid and effective even without the mayor’s approval and signature.


Section 60. Any legislative matter, duly certified by the mayor as urgent, whether or not it is included in the calendar of business, may, without need of suspending the rules, be presented and considered by the body at the same meeting, An urgent matter is one which involves great public interest the delay of which shall prejudice essential government activities.


Section 61. Every approved ordinance or resolution shall go into effect after ten days from the date a copy thereof is posted on a bulletin board at the entrance of the municipal building and in at least two other conspicuous places in the municipality. Ordinances with penal sanctions shall be similarly posted for a minimum period of three consecutive weeks and shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the municipality concerned. Unless otherwise provided therein, said ordinances with penal sanctions shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. The secretary shall certify to the fact of posting and shall spread his certificate upon the minutes of the Sanggunian. The secretary shall also translate or cause to be translated into the dialect used by the majority of the people of the municipality all ordinances immediately after their approval and to have them posted, as translated into such dialect, at the main entrance of the municipal building and other conspicuous public places in the municipality.


Section 62. Within three days after approval, the secretary shall transmit to the sangguniang panlalawigan, for review, copies of the approved ordinances and resolutions of the sanggunian. If the sanggunian panlalawigan finds that any such ordinance or resolution is beyond the powers conferred upon the sangguniang bayan concerned, it shall declare such ordinance or resolution invalid in whole of in part. If no action is taken by the sangguniang panlalawigan within thirty days after the submission of such and ordinance or resolution, the same shall be presumed consistent with the law and, therefore , valid.


Section 63. Proposed and approved ordinances and resolutions of the Sanggunian shall be kept in separate files and numbered infinitely in consecutive order, in the case of ordinances, and consecutively in annual series, in the case of resolutions.


RULE IX – THE MINUTES


Section 64. The Sanggunian shall keep the minutes of its proceedings which shall comprise a succinct and exact account of the business transacted and the actions taken thereon. The minutes must clearly show the following: nature of the meeting, whether regular or special, and if special, a copy of the call for such meeting; date, time and place of the meeting; names of members present and absent; whether the minutes of the previous meeting read and approved citing corrections, if any; every resolutions and ordinance, in full; if the resolution or ordinance was not approved unanimously, a brief statement of the minority opinion; nominal votings; all main motions, except those withdrawn; points of order and appeals, whether sustained or lost; veto message of the mayor in full, and time to adjournment.


Section 65. The original copy of the minutes shall be signed by the members of the Sanggunian present at the meeting, showing those who voted for and those who voted against its approval. Each copy of the minutes must be signed by the presiding officer and the secretary.


Section 66. The minutes of every meeting shall be read and approved by a majority of the members present at the meeting at which they are read, and if necessary, corrected by the same vote or by general consent. The reading of the minutes shall not be interrupted or suspended except by general consent of the body.


Section 67. The reading of the minutes cannot be dispensed with but may be postponed to a later time or meeting, and no motion to amend it shall be entertained after it has been read and approved.




RULE X – DEBATES AND DECORUM



Section 68. When any member desires to deliver any remarks to the Sanggunian, he shall rise and request the Chair to let him have the floor, which consent shall be necessary before be may proceed. When two or more members rise at the same time, the presiding officer shall name the member who is to speak first, and shall alternate the floor between those who wish to speak for and against a given question.


Section 69. The member who has obtained the floor shall address his remarks to the chair, confine himself to the question under debate, avoiding personalities and shall conduct himself with proper decorum.


Section 70. No member of the Sanggunian shall occupy more than thirty minutes in debate on any question at the same meeting without leave of the body.


After three have spoken in favor and two against a question, or only one speech shall have been delivered and none against, a motion to close the debate shall be in order. If said motion is approved, the Sanggunian shall proceed to consider amendments to the question. Remarks on each amendment by any member shall not exceed five minutes.


Section 71. The Sanggunian may, by a two-thirds vote of the members present, close debate on any question, upon motion for the previous question, and proceed to vote on the main question without debate.


Section 72. The member reporting a measure from a committee or delivering the sponsorship speech of a proposed legislation may open and close the debate within the time permitted each member by the Rules of the Sanggunian.


Section 73. If any member, by his speech or behavior, transgresses the Rules of the Sanggunian, the presiding officer, on his own initiative or at the request of any member, shall call him to order, and the Sanggunian shall, if appealed to, decide on the case without debate except for brief remarks by the appellant, explaining his appeal for not more than five minutes. If the decision is in favor of the member called to order, he may proceed, but not otherwise.


Section 74. During meetings of the Sanggunian, the members shall observe proper decorum. They shall remain in their seats during roll call of when a vote is being taken no one shall pass between a member who has the floor and the Chair.


Section 75. While the presiding officer is addressing the Sanggunian, no member shall walk out or cross the session hall.


Section 76. No person, including the members of the Sanggunian, shall be permitted at any time to smoke and/or drink liquor within the session hall.




RULE XI – VOTES AND VOTING



Section 77. Voting in the sanggunian shall be done by voice, raising of hand, rising, or by roll call, unless a different method is prescribed by the Sanggunian for a particular question. In taking the vote, the affirmative shall be taken first and then the negative.


Section 78. To pass an ordinance or any proposition creating an indebtedness, the affirmative vote of a majority of all members of the Sanggunian is necessary. Other measures, except as otherwise specially provided, shall prevail upon the majority vote of the members present at any meeting duly called and held.


Section 79. A tie vote defeats any measure or motion except an appeal from the decision of the Chair which shall be considered sustained by a tie vote.


Section 80. The presiding officer shall rise to put a question into a vote by saying, “As many as are in favor of (Stating the question), say Yes,” and after the affirmative vote is expressed, “As many as are opposed, say No,”. If the chair doubts the vote or if a division is called, the body shall divide. Those in the affirmative shall be asked to either raise a hand or rise from their seats, and then those in the negative to do the same. In any case, the presiding officer shall rise to state the decision.


Section 81. The yes and no votes shall be taken and entered in the minutes upon the passage of all ordinances, upon all propositions creating any liability against the municipality, and upon any other proposition if requested by any member, even after a division has been had.


Section 82. When voting nominally, the secretary shall again call the roll of members of the Sanggunian in alphabetical order, and, as each name is called, the member shall announce his vote by saying Yes of No, as the case may be, or Abstain or Present, if he is not voting. A member may explain his vote not to exceed three minutes.


After the roll has been called, when voting nominally, the secretary shall again call in their alphabetical order the names of those not voting in order that they may vote. After this second calling of the roll, no request shall be entertained by the Chair to record a vote.


Section 83. When an ordinance or any measure directing the payment of money or creating liability against the municipality is passed by general consent, the secretary shall enter in the minutes the names of all the members present at that particular time, this having the effect of nominal voting


Section 84. No member can vote on a question in which be or any member of his family, within the third degree of consanguinity or affinity, has a direct or personal pecuniary interest. This does not, however, preclude any member from voting for himself for any position within the Sanggunian.


Section 85. A member may change his vote only before the Chair announces the result of the voting and if his vote can be identified by the mode of voting; there after, a member may change his vote only by majority vote of the members present.


Section 86. A member who arrives late at the meeting shall be permitted to vote, provided the result of the voting has not been announced yet by the Chair.


Section 87. No motion, except on the presence of a quorum , shall be entertained during the voting.



RULE XII – RULES OF MOTIONS


Section 88. The following motions, in the order of their precedence (from highest to lowest rank), together with other motions hereinafter specified, shall be used in doing business in the Sanggunian:


a) Fix the time to which to adjourn (Rank I), to provide a future time for the continuation of the meeting in progress.

b) Adjourn (Rank 2), to formally terminate the meeting in progress.

c) Take a recess (Rank 3), to provide a brief intermission during the meeting.

d) Question of privilege (Rank 4), to secure immediate action upon a matter that involves the comfort, convenience, rights or privileges of the Sanggunian or of any of its members.

e) Call for orders of the day (Rank 5), to bring before the body for consideration at a later but undetermined time.

f) Lay on the table (Rank 6), to set aside pending question for consideration at a later but undetermined time.

g) Call for the previous question (Rank 7), to suppress discussion on a pending question and to bring it immediately to a vote.

h) Modify the limits of debate (Rank 8), to remove a standing restriction to shorten or to permit more time for the discussion of a pending question.

i) Postpone definitely (Rank 9), to defer the consideration of question to a definite time in the future.

j) Commit (Rank 10), to refer a question or proposition to a committee for study and recommendation.

k) Amend (Rank 11), to modify a question to make it more acceptable to the body.

l) Postpone indefinitely (Rank 12), to defer indefinitely the consideration of a question.

m) Main motion (Rank 13), to bring before the body a substantive proposition for its consideration.


Section 89. The following motions shall have the rank of a main motion:


a) Take from the table, to resume the consideration of a question that has been previously laid on the table.

b) Reconsider, to set aside the vote previously taken on a question and to reopen it to a new discussion and vote.

c) Reconsider and have entered on the minutes, to suspend action on a question that has been decided by a temporary majority.

d) Rescind or repeal, to render null and void a question previously passed.

e) Expunge, to express strong disapproval to an action taken by the body and to have it rescinded.

f)  Adopt a report, to accept or agree to a report as an official act of the body.


Section 90. The following incidental motions have no fixed rank but shall take precedence over the question from which they arise;


a) Suspend the rules, to allow the body to do something which it is otherwise forbidden to do by the rules or previously adopted orders of the Sanggunian.

b) Withdraw or modify a motion, to remove a question from the consideration of the body or to modify the same.

c) Read papers, to allow a member to read a paper, document, or book as part of his speech or remarks.

d) Object to the consideration of a question, to avoid the consideration of a question which the body considers irrelevant, contentious, unprofitable, or generally objectionable.

e) Point of order, to call attention to an error in the observance or enforcement of the rules of parliamentary procedure or those of the Sanggunian.

f) Point of information, to be informed of any matter related to the pending question or to the Sanggunian.

g) Parliamentary inquiry, the requestion information on matters related to parliamentary law and procedure.

h) Appeal from the decision of the Chair, to ask the body to decide whether the ruling made by the chair on a question of order should be upheld or overruled.

i) Divide the assembly, to verify the votes taken on a question or to secure a more accurate count of the vote.

j) Divide the question, to divide long and complicated proposition into separate and distinct parts to facilitate their consideration.


Section 91. Every motion presented to the body shall be stated by the chair or, if it be in writing, the Chair shall cause it to be read aloud by the secretary, and the same shall be deemed as having been brought to the adjournment of the meeting to allow the making of the announcement,


Section 92. A motion to adjourn or to take a recess is in order even if a quorum is not present but not when the body is engaged in voting or during the verification of the vote. If the body has voted to adjourn but there are still important announcements to be made, the presiding officer may defer the adjournment of the meeting to allow the making of the announcement.


Section 93. The motions to fix the time to which to adjourn, take a recess, raise a question of privilege, and call for orders to the day are privileged motions and may be presented, according to the order of their precedence, even if any other motion or question is pending before the body. The motions to raise a question of privilege and to call for orders of the day may be made even if someone has the floor.


Section 94. Questions laid on the table must be taken up not later than the next regular session, otherwise they shall be considered abandoned and may be brought up again only by a new motion.


Section 95. A motion calling for the previous question requires for its approval a two-thirds vote of the members present, but action on the principal question to which it is applied shall be determined by the vote necessary in each particular case as prescribed by the rules of the Sanggunian.


Section 96. A question cannot be postponed beyond the next regular session or to a special or adjourned meeting unless provisions have been made for the holding of such meeting.


Section 97. A question may be postponed as a general order by a majority vote, or as a special order, by a two-thirds vote, of the members present.


Section 98. No order of the day may be considered before the time to which it was assigned except by general consent or by a two-thirds vote of the members present by suspending the rule fixing its time as an order of the day.


Section 99. When a question is under consideration, a motion to amend and a motion to amend an amendment shall be in order, and any of said amendments may be withdrawn before a decision is had thereon.


Section 100. No motion on a subject different from that under consideration shall be admitted under color of amendment. An amendment which merely negates an affirmative proposition is likewise out of order.


Section 101. Once an amendment has been adopted or rejected, the same or substantially the same amendment cannot be reintroduced at the same meeting unless the vote on the original amendment has been reconsidered or the motion to amend has been withdrawn.


Section 102. Amendments to the title of an ordinance or resolution shall not be in order until after the text thereof has been approved. Amendments to the title shall be decided without debate.


Section 103. When an ordinance or may other measure, decided by nominal voting, has been adopted or lost, it shall be in order for any member who voted with the majority, at he same or the next meeting, to move for the reconsideration thereof, and such motion shall take precedence over all other questions, except the motions to fix the time to which to adjourn, and to take a recess. The motion to reconsider shall be passed by a majority vote of the members present regardless of the vote required by the question to be reconsidered.


Section 104. A motion to enter in the minutes a motion to reconsider a question must be called up not later than the next meeting, unless the motion is made on the last day of a session in which case