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Legislative Tracking System

2004 ORDINANCE NO. 1

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


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


Section 1. Composition. The Sangguniang Bayan shall be composed of the Municipal Vice Mayor, as Presiding Officer, the eight (8) 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 hold regular sessions every Monday, to start at 9:00 o’clock in the morning, at the municipal session hall or any other place, as agreed upon by the two-thirds vote of all members 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 (4) consecutive meetings, for which they may be fined in the amount of P100.00, for first offense, P200.00 for second offense, P300.00 for third offense, and be censured, reprimanded, or excluded from the session hall, or with the concurrence of at least two-thirds votes of all members of the Sanggunian, be suspended or expelled, for succeeding offenses, provided that a member convicted by moral turpitude shall be automatically expelled from the Sanggunian,


The following shall be considered disorderly behavior:


3.a Making noise that tends to disturb the proceedings of the session;

3.b Using defamatory statements against the Presiding Officer, any member and/or the secretary;

3.c When a member challenges his colleagues or guests invited to attend the session to a fight;

3.d Insists on taking his/her floor in spite of the order of the Presiding Officer to stop talking.

3.e Eating and smoking during session.

3.f Drinking hard drinks/wine/liquor and the like during the session or attending the session drunk or under the influence of wing/liquor. The scent of wine/liquor is a proof that a member had drunk the prohibited drink.


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


Section 5. Every member shall participate in the exercise of 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 raised unless he has a direct personal or pecuniary interest therein.


RULE II – PRESIDING OFFICER

 

Section 7.1 The Vice Mayor shall be the Presiding Officer of the sanggunian and, as such, shall have the following rights and duties:


7.a  To preside over the meetings of the sanggunian;

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

7.c To decide all questions or order, subject to appeal by any member;

7.d To sign all ordinances and resolutions passed by the Sanggunian and all other orders, proceedings, and warrants issued by order of the sanggunian.

7.e 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 Sangguniang and shall, for this purpose, be permitted to make brief remarks on matter pertaining to pending questions, provided however, that if the Presiding Officer would want to participate in the debate and would argue for or against the issue under discussion, he/she shall first relinquish his position as Chairperson and turn it over to a temporary Chairman of his choice.


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 president 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 (10) days from the enactment or adoption thereof at the meeting over which he temporarily presided.



RULE III THE SECRETARY

 

Section 11 There shall be a secretary to 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:


11.a  Attend meetings of the sanggunian and keep a journal of its preceedings,

11.b  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.

11.c Forward to the Mayor copies of ordinances and resolutions passed by the sanggunian and duly certified by the presiding officer,

 11.d  Forward to the Sangguniang Panlalawigan, for review, within three (3) days after approval, copies of approved ordinances and resolutions on local development plans and public investment programs formulated by the local development council;

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

11.d  Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the sanggunian, with the duties of passage and publications thereof.

11.f  Keep his office and al non-confidential records therein open to the public during the usual business hours.

11.g  Translate into the dialed 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.

11.h  Assume custody of the local archives and, where applicable, the local library and annual account for the same.

11.i  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 t o perform some of his duties, such as reading the minutes, resolutions, ordinances and other documents or papers, the same may be performed by some other person who 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 meting at the beginning of each term mandatory and other standing committees, to include, among others, the following:


13.a COMMITTEE ON RULES & PRIVILEGES AND ORDINANCES & LEGAL MATTERS -  with the general jurisdiction over all matters relating to the rules of the sanggunian, order of business, 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, thesanggunia; enactments, revision or amendment of all kinds of ordinances, except appropriation ordinance, exercise of the legislative powers (taxing power, police power, corporate power and proprietary rights); legality of proposed measures to be acted by the sanggunian, and review of ordinance and resolutions submitted by lower level LGUs.


13.b COMMITTEE ON APPROPRIATION AND FINANCE - with general jurisdiction over all matters relating to ways and means finds for the expenditures of the municipal government and for the payment of public indebtedness, claims against government, appropriation of public funds, and in general, all matters pertaining to public expenditures.


13.c COMMITTEE ON WOMEN & FAMILY AND SOCIAL SERVICES – with general jurisdiction over all matter pertaining to the protection and well-being of women and family consistent with the provisions of law, social welfare services, and all other matters regarding social welfare services.


13.d COMMITTEE ON HUMAN RIGHTS – with general jurisdiction over all matters pertaining to the protection of the natural and legal rights of every person.


13.e  COMMITTEE ON YOUTH & 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.


13.f COMMITTEE ON ENVIRONMENTAL PROTECTION - with general jurisdiction over all matters pertaining to the protection of the environment against destruction and pollution.


13.g 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.


13.h 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

 

13.i  COMMITTEE ON PEACE & ORDER AND PUBLIC SAFETY - with general jurisdiction over all matters pertaining to police matters, maintenance of peace and order, protection services, traffic rules and regulations, fire prevention and control measures, public morale and all other matters related to peace and order and public safety.


13.j  COMMITTEE ON HEALTH SANITATION & NUTRITION – 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.


13.k  COMMITTEE ON AGRICULTURE – 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.


13.l  COMMITTEE ON FISHERIES, AQUATIC RESOURCES AND COASTAL RESOURCE DEVELOPMENT – with general jurisdiction over all matters pertaining to control and regulate the usage/utilization of the municipal waters, fishing strategies, fishing methods use of fishing gears, development of aquatic resources, coastal management, implementation of fishery administrative orders, development and protection of subsistence/marginal as well as commercial fishermen and the like.


13.m  COMMITTEE ON EDUCATION AND SKILLS DEVELOPMENT – 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.


13.n  COMMITTEE ON GOOD GOVERNMENT, PUBLIC ETHICS & 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 matters related to good governance.


13.o  COMMITTEE ON PUBLIC AND UTILITIES & FACILITIES – with general jurisdiction over all matters pertaining to operation/establishment of all kinds of public utilities, including but not limited to transport and communication system, maintenance 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.

 

13.p 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 market facilities, and all other matters related to market and slaughterhouse administration.


13.q COMMITTEE ON GAMES & AMUSEMENT – 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 of cockfights, boxing, basketball tournaments and other kinds of games and amusements and all other matters related to games and amusements.


13.r COMMITTEE ON TRADE, COMMERCE & INDUSTRY – with general jurisdiction over all matters pertaining to establishments/operation of all kinds of trade and industry, measures that affect trade, commerce and industry, and all other matters related to trade, commerce and industry.


13.s       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, all other matters related to public works and waterworks.


13.t  COMMITTEE ON HOUSING & UTILIZATION – with general jurisdiction over all matters pertaining to housing development, subdivision development, real estate development, measures pertaining to land users, zonification of Zoning Code Enactment, squatter problems, and all other matters related to housing and utilization.


13.u  COMMITTEE ON TOURISM – with general jurisdiction over all matters pertaining to the promotion of tourism industry in the municipality and all other matters related to tourism industry.


13.v  COMMITTEE ON DISASTER PREPAREDNESS AND CALAMITY PREVENTION AND MANAGEMENT – with general jurisdiction over all matters related to disaster preparedness and calamity prevention, disaster and calamity due to natural and/or man-made incidents, safety and security of lives and properties and measures to prevent damages.


13.w  COMMITTEE ON MINICIPAL ECONOMICS AND DEVELOPMENT – with general jurisdiction over all matters relative to municipal economy, strategies plans programs and design to improve the living condition of the people and uplift the well-being off each and every Catarmanon.


13.x  BLUE RIBBON COMMITTEE – with general jurisdiction over all matters re: discipline of members, imposition of sanctions as provided by the rules of procedures, etiquette of public servants, iinvestigate graft & corruption and other outward behavior of municipal employees and officers.



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 off barangay affairs or its equivalent. The department heads under the executive office shall be made ex-officio, non-voting members of an appropriate committee.


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


Section 16. A member of the sanggunian may be a Chairman of a Vice Chairman of five committees unless assigned to more by the Chair and accepted by the member concerned.


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. Committee shall meet at the call of their respective chairman or a majority of their members, provided that due notice is served upon each and every member thereof.


Section 19.   A majority of the members of a committee shall constitute quorum to do business. Unexplained absences in four (4) 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 finds, 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 this 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 committee may be created by the sanggunian for special purposes and as the need for them arises. 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 designate by resolution. The series of meetings during a legislative year shall constitute a session.


The committees created by the sanggunian shall hold its meeting to take up and resolve matters referred to it, at a time, venue and day agreed upon by its members within the week prior to the regular session where the committee report is required of them by the SB Chairperson.


Committee hearings when necessary for purposes of legislation may be scheduled on any day, time and venue, in a week prior to the scheduled SB session when the proposed legislation is agenda for deliberation and appropriate action.


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 or 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. The members of the Sangguniang Bayan shall be required to wear barong & pants or any businessman’s attire, for men, and barong and dark colored skirt, for women, during session, and failure to wear the same shall be fined in the amount or P100.00.


Section 34. Every member of the Sangguniang Bayan shall lead the session’s opening prayer and it shall be according to rank.


Section 35. The Sangguniang Bayan shall have Cebuano, Pilipino or English as its medium of communication during its session.


Section 36.   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 37. 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 tine 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 or 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. 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 lack of quorum. Members of the Sangguniang Bayan who are late of the scheduled session shall be required to present himself to the Secretary and to the Body to include his/her name in the list of “members present” for the day’s meeting. If however, a member is late for more than one hour, his/her being late shall be justified otherwise a fine of P50.00 shall be imposed upon him for the violation . Members who are late for more than two hours shall be considered absent from the session and shall be subject to the sanction provided for under this rule.


Section 38. Should the question of lack of quorum be raised, the presiding officer, without debate, shall immediately proceed to a verification thereof causing the reading of the roll of members and announcing the result forthwith.


Section 39. 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 suspend or adjourn the meeting in case of grave emergency or when the same becomes unruly or uncontrollable.



RULE VI – ORDER OF BUSINESS


Section 40. The order of business in the sanggunian shall be as follows:


41.a CALL TO ORDER

41.b NATIONAL ANTHEM/INVOCATION

41.c ROLL CALL

41.d READING, CORRECTION AND APPROVAL OF THE PREVIOUS MINUTES

41.e REFERENCE OF BUSINESS/NEW BUSINESS

 1. PROPOSED ORDINANCES & RESOLUTIONS

 2. PETITIONS OR REQUESTS

 3. OTHER COMMUNICATIONS

41.f COMMITTEE REPORTS

41.g UNFINISHED BUSINESS

41.h SECOND, THIRD AND FINAL READING

41.i UNASSIGNED BUSINESS

41.j OTHER MATTERS

41.k ADJOURNMENT


Section 41. 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 (3) days before every regular meeting.


Section 42. The calendar of business shall contain a brief description of each item of business to be taken up during the meeting, indicatine the source, in the case of communications, indorsements, petitions, memorials, and memoranda, the name of the author or authors, in the case of ordinance, resolutions and motions and the committee or committees to which they have been referred. The report, consisting of the findings and recommendations of the majority of the committee 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 or rules shall calendar it for second reading, otherwise, it shall be considered laid on the table.


Section 43. 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 44. 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 of which it is set in the calendar.


Section 45. Ordinances, resolutions, and other legislative matters scheduled for final reading shall be considered in the manner prescribed hereafter.


Section 46. On a motion to suspend the rule, items of business may be taken away from their fixed order and considered forthwith by the body.



RULE VII

PROCEDURE FOR ORDINANCES, RESOLUTIONS, AND OTHER LEGISLATIVE MEASURES

 

Section 47. 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 concern shall also be acted upon by resolution.


Section 48. Every ordinance and resolution presented for consideration shall be, respectively, denominated as a “DRAFT ORDINANCE” and “DRAFT RESOLUTION” and upon approval, each shall be as “ORDINANCE or RESOLUTION”, as the case may be.


Section 49. Ordinances and resolutions shall be proposed in writing and shall contain an assigned member, a title or caption, the name of the author or authors, an 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 morning.


Section 50. Before an ordinance or a resolution may be finally enacted, it shall undergo three readings, as follows:

50.a First reading, which shall consist of the reading by the secretary of the number and tittle 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.


50.b Second reading, at which the proposed ordinance or resolution, after having been sponsored on the floor by the committee chairman or by any 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.


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


50.d 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 of the nature of an ordinance or unless decided otherwise by a majority of all the members.


Section 51.   In case of an erroneous reference of a measure to a committee, the same may be corrected at a subsequent meeting after the reading of the minutes containing the referral, by a majority vote of the body on motion of the committee on rule of the committee claiming jurisdiction over it or the committee to which it was erroneously referred.


Section 52. 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 such any of the proposed ordinance or resolution consolidated or substituted for, in the order of the names shown therein and according to the date of their filing.


Section 53. 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 committee having proper jurisdiction over the subjects thereof and those certified as urgent by the mayor.


Section 54. 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 of the sanggunian a copy thereof at least three days before it is voted upon for final approval, except of the measure has been certified by the mayor as urgent in which case it may be submitted for final voting immediately after this second reading.


Section 55. Motions 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 56. 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 57. 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 58. Ordinance and resolution passed by the sanggunian shall be approved and signed by the mayor. The approval of the mayor must be in writing, effected by him by endorsing the word “Approved” followed by his signature on each and every page of the ordinance or resolution.


Section 59. The mayor may veto any 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 resolutions shall be deemed approved as if he had signed it.


Section 60. 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 or the item or items vetoed. After reconsideration, the sanggunian shall proceed to vote on the ordinance or resolution or the vetoed item or items thereof, and the vote of each sanggunian member shall be recorded in the minutes. If the ordinance or resolution of 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 61. 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 62. Every approved ordinance or resolution shall go into effect after ten days from the date of 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 ordinance 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 ordinance immediately after their approval and to have posted, as translated into such dialect, at the main entrance of the municipal building and other conspicuous public places in the municipality.


Section 63. 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 Sangguniang 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 or in part. If no action is taken by the Sangguniang Panlalawigan within thirty days after the submission of such an ordinance or resolution, the same shall be presumed consistent with the law and therefore, valid.


Section 64. 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.



RULES VIII - THE MINUTES

 

Section 65. 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, a copy of members present and absent, whether the minutes of the previous meeting were read and approved citing corrections, if any resolution and ordinance, in full, if the resolution or ordinance was not approved unanimously, a brief statement of the minority opinion, nominal votings, all main motion, except those withdrawn, points of order and appeals, whether sustained or lost, veto massage of the mayor, in full, and time of adjournment.


Section 66. 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 against its approval. Each copy of the minutes must be signed by the presiding officer and the secretary.


Section 67. The minutes of the every meeting shall be read and approved by a majority off the members present at the meeting at which they are read, and if necessary, corrected by the same veto or by general consent. The reading of the minutes shall not be interrupted or suspended except by general consent of the body.


Section 68. The reading of the minutes cannot be dispensed with but may be postponed to a later date or meeting, and no motion to amend shall be entertained after it has been read and approved.



RULE IX – DEBATES AND DECORUM

 

Section 69. 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 connect shall be necessary before he 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 70. 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 71. No member of the sanggunian shall have more than thirty minutes in debate on any proposed motion, resolution or ordinance, during the session and only three members shall be allowed to speak for the proposal and two for against a question. If however, only the sponsor/author delivered his speech and none speaks for against, to close the debate shall be in order. If said motion is approved, the sanggunian shall proceed to consider amendment to the motion. Remarks on each amendment by any member shall not exceed five minutes.


Section 72. The sanggunian may, by a two-thirds vote of the members present, close debate on any on, upon motion for the previous question, and proceed to vote on the main question without debate.


Section 73. 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 74. If any member, by his speech or behavior, transgresses the Rules of the Sanggunian, the presiding officer, on his own interview 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 75. During meetings of the sanggunian, the members shall observe proper decorum. They shall remain in their seats during roll call and when a vote is being taken no one shall pass between a member who has the floor and the Chair.


Section 76. While the presiding officer is addressing the sanggunian, no member shall walk out or cross the session hall or disturbingly move unnecessarily in the session hall.


Section 77. No person, including the members of the sanggunian, shall be permitted at any time to smoke, drink liquor or any kind of beverage and eat within the session hall.



RULE X – VOTES AND VOTING

 

Section 78. 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 79.  To pass an ordinance or any proposition creating an indebtedness, the affirmative vote of 2/3 of all members of the sanggunian is necessary. Other measures, except as otherwise specifically provided, shall prevail upon the majority vote of the members present at any meeting duly called and held.


Section 80. 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 81. 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 decicion.


Section 82. 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 is requested by any member even after a division has been made.


Section 83. When voting nominally, the secretary shall call the roll of the members of the sanggunian in alphabetical order, and, as each name is called the member shall announce his vote by saying yes  or no, as the case may be, or obtain or present, if he is not voting. A member may explain his vote not to exceed three minutes. After the roll call 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 84. 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 85. No member can vote on a question in which he or any member of his family, within the third degree of consanguinity or affinity, has a direct or personal pecuniary interest. This doe not, however, preclude any member from voting for himself for any position within the sanggunian.


Section 86. A member may change his vote only before the chair announce the result of the voting and if his vote can be identified by the mode of voting, thereafter a member may change his vote only by majority vote of the members present.


Section 87. 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 88. No motion except on the presence of a quorum shall be entertained during the voting.



RULE XI – RULES OF MOTIONS

 

Section 89. 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 (Rank3), to provide a brief intermission during the meeting;

d)     Question of Privilege (Rank 4), to secure immediate action upon 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 a 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 90. The following motion 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 91. The following incidental motion have not 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 of 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)