INTERNAL RULES OF PROCEDURES
OF THE SANGGUNIANG BARANGAY OF BARANGAY 405, ZONE 42, DISTRICT 4, CITY OF MANILA.
Rule I – COMPOSITION
Section 1. Sangguniang Barangay – Shall be the legislative body of the barangay and is composed of the Punong barangay as presiding officer, the seven(7) Sangguniang Barangay members elected at large and Sangguniang Kabataan Chairman as member.
Section 2. The Barangay Secretary – He Shall be the clerk of the Sangguniang Barangay and shall perform such duties, as the Sanggunian shall by ordinance prescribe.
RULE II – POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIAN
Section 1. Punong Barangay – the powers and duties of the Presiding Officer; in addition to those already vested upon him by law, shall be as follows:
a. To prepare over the session of the Sangguniang Barangay.
b. To decide all points of order.
c. To exact from all the members present during the sessions proper deportment and decorum
d. To announce the business in the order in which it is to be acted upon by the sanggunian.
e. To entertain only one motion at a time and state all motions properly
f. To recognize only member who is entitled to the floor
g. To call a special meeting by giving written notice of it to each member of the Sangguniang Barangay
h. To appoint, with the approval of the Sanggunian the Chairman of the Standing and Special Committees which may be authorized by the Sangguniang Barangay.
Section 2. The duties of the Barangay Secretary in addition to those already prescribed by law, shall be as follows:
a. To attend all sessions of the Sangguniang Barangay.
b. To send out proper notices of all called sessions, other meetings and public hearings.
c. To transmit to the proper committees all matters referred to them by the sanggunian.
d. To prepare and certify the minutes of the Sangguniang Barangay.
e. To read all correspondence and resolutions which are required by the Sanggunian or by the Presiding Officer.
f. To forward to the Sangguniang Panlunsod or Sangguniang Bayan, a correct copy of each resolution and approved ordinance within ten (10) days after the session of the Sangguniang Barangay.
g. To carry out or enforce orders of the Sangguniang Barangay when such duty devolves upon him.
RULE III – DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS
Section 1. Every member of this Sanggunian shall make a full disclosure of his financial and business interest as required of him under Article 104, Rule XVII of the Rules and Regulations Implementing the Local Government Code of 1991.
Section 2. Every member shall attend all the session of this Sanggunian unless he is prevented from doing so by reason of sickness or other unavoidable circumstances provided that, as a general rule, previous notice thereto shall be sent to the Sanggunian thru the Presiding Officer or the Secretary.
Section 3. As a general rule, every member is required to vote on every session or proposed measures being voted upon by the Sanggunian. Abstentions may be allowed if it can be shown that the member concerned has a pecuniary interest, either directly or indirectly, on the matter being acted upon by the body.
Section 4. Every member shall observed proper deportment and decorum during sessions.
RULE IV – REGULAR AND SPECIAL SESSIONS
Section 1. The regular session of this Sanggunian shall be held at the Sanggunian Session Hall every Second Thursday and Last Thursday of every month at exactly 8:00 P.M.
Section 2. Special sessions may be called by the Punong Barangay or by a majority of the members of this sanggunian.
Section 3. A written notice to the Sanggunian Members stating the date, time and purpose of the session shall be served personally or left with a member of his household at his usual place of residence at least twenty four (24) hours before the special session is held.
Section 4. Unless otherwise agreed upon by two thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice.
Section 5. All sessions shall be open to the public unless a close door session 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.
Section 6. No two (2) sessions, whether regular or special, may be held in a single day.
Section 7. Adjourned session. An “adjourned session” may be held:
a. Thru the initiative of the Chair, by using the “assumed motion”; or by a majority of the members present in a session where there is NO quorum, wherein they may decide to adjourn from hour to hour, or day to day, and compel the attendance of the absent members in order to obtain the necessary quorum.
b. By a majority vote of the members present in any regular or special session, there being a quorum, in order to finish very important business, which needs immediate action.
RULE V – QUORUM
Section 1 . The majority of the members of the Sanggunian who have been elected and qualified shall constitute a quorum and in its absence, the business of the Sanggunian shall not be discussed.
Section 2. In computing the presence of “quorum” the term “majority” shall be based on the actual membership or incumbents in the Sanggunian, which exclude the following:
• The Punong Barangay
• The Seven (7) Sangguniang Barangay Members
• Sangguniang Kabataan Chairman as Member
Section 3. No quorum at the start of the session. When the appointed time has come to start the regular session, the Presiding Officer shall call the session to order, with or without a quorum.
In the absence of a quorum after calling the session to order, the presiding officer may perform any of the following:
a. He may adjourn the session from hour to hour if he would like to wait for other members who may be late in coming to the session;
b. He may adjourn the session from day to day or
c. He may adjourn the session for lack of quorum.
Section 4. During a session which was started with a quorum and question on the lack of quorum is raised by any member, the Presiding Officer shall immediately cause the reading of the roll of members and announce the result thereof and then declare whether or not there exist a quorum.
a. In the absence of a quorum, the Presiding Officer may declare a recess of not more than one (1) hour and wait for other members to come;
b. Or majority of the members present may adjourn from hour to hour; or “day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member or members of the police force to arrest the absent member and present him at the session hall. (Sec. 53, RA 7160).
If there is still no quorum despite the enforcement of the above remedial measures, the Presiding Officer may, motu propio or upon proper motion from the floor duly adopted by the body, then declare the session adjourned for lack of quorum.
Note: A request or motion to determine the presence of a quorum is not debatable.
RULE VI – ORDER OF BUSINESS
Section 1. The Order of Business of this Sanggunian shall be as follows:
a. Call to Order
b. Roll call of members
c. Declaration of existence of quorum
d. Approval of the minutes of the preceding session
e. Reading and referral of proposed measure or communication
f. Committee reports, if any
g. Calendar of Business
o Unfinished Business
o Business for the day
o Unassigned Business
h. Announcements (if any)
Note: The customary singing of the National Anthem, Pledge of Allegiance to the Flag and invocation are optional items in the order of Business and hence, the Sanggunian may or may not adopt or include then in its own Order of Business.
Section 2. The Calendar of Business shall be prepared by the Committee on Rules and a copy thereof shall be furnished to every member of this Sanggunian not less than one (1) day before the date of the regular session. The Presiding Officer shall cause the Office of the Secretary to the Sanggunian to provide the necessary administrative support or secretarial services to the Committee on Rules and other standing or special committees.
Section 3. The calendar or Business shall contain the following:
a. Unfinished Business –Refers to proposals or measures that have been left unacted upon, postponed or left unfinished during the previous meeting or session. This also includes items of business left unfinished or unacted upon at the end of the term of the previous administration.
b. Business for the Day – refers to a list of items that have been reported out by committees and are ready for deliberation on “second reading” as determined by the Committee on Rules. This also includes those items for the body’s session on “third and final reading”.
c. Unassigned Business – refers to pending matters or measures including new ones that arises out during the deliberation but not yet assigned or referred to any committee for appropriate action.
Section 4. The Calendar of Business shall contain brief description of the item of business to be taken up during the regular session including, but not limited to the following:
a. The title of the proposed ordinance or resolution;
b. The name of the sponsor or authors and the committee to which it was referred or the committee sponsoring it;
c. In the case of petitions, letters, endorsements and other communications, the source or the name of senders.
Section 5. In rendering committee reports, priority shall be given to standing committees regular committees (aka regular committees) to be followed by special committees (aka Ad-Hoc Committees).
Section 6. As a general rule, committee reports shall be rendered by its Chairman, unless he dissents with the majority decision. In his absence, the Vice Chairman shall take his place. If neither of them is present, any committee member concurring with the report and duly designated by the said committee shall render the report.
Section 7. If the reporting committee recommends a favourable action on the measure referred to it or if the reporting committee recommends the proposed measure for appropriate action by the Sanggunian, the Committee on Rules shall calendar it for “second reading.”
If the reporting committee’s recommendation is for the Sanggunian not to take action and that recommendation has been adopted by the body, the proposed measure remains shelved in the committee.
If the reporting committee’s recommendation is for the Sanggunian to file the proposed measure away and that recommendation has been adopted, then it is “filed away” which means in layman’s language that the proposal will be filed in the archive of the Sanggunian.
Section 8. As a general rule, no member of a committee shall oppose or object to the report of his committee unless he submits his dissenting opinion to the majority decision in writing, or orally in open session, before the said committee renders its reports. Otherwise, he shall be precluded to oppose it on the floor.
Section 9. Deviation from the prescribed Order of Business shall not be allowed, except when the Sanggunian decided to suspend the rules thru an “assumed motion” by the Chair or thru a motion to suspend the rules by a member. In any case, the decision to suspend the rules shall require a vote by general consent, a unanimous vote, or at least two-third (2/3) vote of the members present.
RULE VII – LEGISLATIVE PROCESS
Section 1. Rules in the enactment of ordinance and adoption of resolutions. In the enactment of ordinances and adoption of resolutions including other matters requiring legislative actions, the following rules shall be observed:
a. Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary in character shall be passed in the form of resolutions. Matters relating to propriety functions and to private concerns shall also be acted upon by resolution.
b. Proposed ordinances and resolutions shall:
o Be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity.
o In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval.
o It shall be signed by the author or authors and submitted to the secretary to the sanggunian before the start of the regular session.
c. A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need not go through a third reading for its final consideration unless decided otherwise by a majority of the sanggunian members present.
d. The secretary to the Sanggunian shall prepare copies of the proposed ordinance or resolutions in the form it was passed on second reading, and shall distribute to each sanggunian member a copy thereof.
e. No ordinance or resolution passed by the Sanggunian in a regular, or special session duly called for the purpose shall be valid unless approved by the majority of the member present, there being a quorum.
f. Upon the passage of all ordinances and resolutions directing the payment of money or creating a liability, and at the request of any member, the Sanggunian secretary shall record the ayes and nays . Each approved ordinance or resolution shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.
Section 2. The three-reading Principle. The so-called “three-reading principle” which is commonly adopted in legislative bodies shall also be followed by this Sanggunian. Hence, as a general rule, before an ordinance is finally enacted, it shall undergo the following stages:
a. First Reading. At this stage, the Secretary shall read the number of the proposed draft ordinance (e.g. Draft Ordinance No. _____); its title; name of the author or authors or the name of the members introducing it. Thereafter, the Presiding officer shall refer it to the appropriate committee with or without instructions. At this stage no debate shall be allowed.
b. Second Reading. At this stage, any proposed ordinance that has already been reported out by the concerned committee and has been calendared by the Committee on Rules for “second reading” may be sponsored by the reporting committee chairman, or his vice chairman, or any committee member designated for that purpose. Since every member of the Sanggunian is supposed to have been furnished a copy thereof, the proposed ordinance may no longer be read in full unless the sponsoring committee or the Sanggunian itself decided otherwise.
After the usual sponsorship speech has been delivered, the proposed ordinance shall be subjected to the following:
o Period of Debate
o Period of Amendment
o Approval on “second reading”
c. Third (Final) Reading. At this stage, the Secretary shall read the proposed draft ordinance by its number, title and the name of its sponsor or co-sponsor, if any. Immediately thereafter, the Presiding Officer shall put the proposed ordinance to a vote. The Presiding Officer shall then formally announce the result thereof and directs the Secretary to enter it in the record.
Section 3. Methods of Voting. Unless a different method is prescribed by the Sanggunian for a particular measure, voting shall be either one of the following methods:
a. By voice (viva voce);
b. By raising of hand (or show of hand):
c. By rising;
d. By ballot; or
e. By nominal voting (or roll call).
Section 4. Putting the Question to a Vote. The Presiding Officer shall rise whenever he is putting a question to a vote. In taking the vote, the Presiding Officer shall take first the affirmative votes and then the negative votes. While still in standing position the Presiding Officer shall announce the result thereof.
RULE VIII – VOTES AND VOTING
Section 1. Voting on the Question. Whenever a nominal voting(or roll call voting) is being applied, the Secretary shall call the roll of members either in alphabetical order, by rank, or by representative districts. As each name is called, the member shall announce his vote by stating “YES” or “NO”, as the case may be. As general rule, a member may explain his vote but not to exceed three (3) minutes.
A second roll call may be requested by any member from the chair but this time only the names of those who failed to vote shall be called. This is to give another opportunity to those who failed to cast their vote to exercise their right and also to determine the number of members who might have violated the “rule on abstention”. After this second roll call, no other request of the same kind shall be entertained by the Chair.
Section 2. Voting Restriction. No member can vote or be allowed to vote, on any measure in which he or any of his relatives within the third degree of consanguinity or affinity, has a direct or personal pecuniary interest. This rule, however, does not apply in voting for elective positions in the Sanggunian where a member, as a matter of right, can vote for himself.
Section 3. Change of Vote. A member may change his vote but only when the result of the voting has not yet been announced by the Chair. Otherwise, he can only change his vote by a unanimous consent of the members present. Provided that this rule shall not be applied if voting is by ballot.
Section 4. Vote by Late – Comer. A member who came in late during the session but who happens to arrive while voting is in progress shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chair.
Section 5. Allowable Motion during Voting. Except for a motion pertaining to a question of quorum, no other motion shall be entertained by the Chair while voting is in progress.
Section 6. Tie Vote. A tie vote resulting from a vote taken on any motion, measure or proposal shall be construed to mean that the particular motion, measure or proposal is defeated, unless the Chair decided to break it. Exception to this rule is when a “motion to appeal from the decision of the Chair” is put to a vote and it resulted in a tie. In this case the tie vote is considered to sustain the decision of the Chair.
Section 7. Breaking a Tie. In case of tie, the presiding officer of the Sanggunian is allowed to cast his vote if he so desires. He is, however, precluded under existing laws to cast his vote in order to create a tie.
Section 8. Majority Vote of the Members Present (thereby constituting a Quorum). Except as provided in Section 7 hereof, all other legislative matters or measures shall require only a “majority vote of the members present therein having a quorum” for its passage, adoption or enactment, as the case may be.
Section 9. Plurality Vote. A decision of the Sanggunian thru a “plurality vote” shall be valid and enforceable only if it is the result of an election of officers of the Sanggunian or members of committees. No legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this Sanggunian thru a mere plurality vote.
a. At least two-thirds (2/3) affirmative vote of the members present, there being a quorum, shall be required for the adoption of the following motions:
Motion to suspend the rules
Motion to expunge
Motion to extend or limit debate
Motion to call for the previous question
b. At least a two-thirds (2/3) negative vote of the members present there being a quorum, shall be required in order to sustain the “motion to object to the consideration of a question”.
Section 10. Abstentions. Indubitably, a member of this Sanggunian is representing the people and not necessarily his own self and as such he should be required to take a stand, one way or the other, on every issue or measure submitted for decision of this august body. Hence, it is hereby made as a general rule that no member of this Sanggunian shall abstain from voting, except as provided under Section 2, Rule X of this Internal Rules of Procedure.
Note: Abstention, if ever allowed to a member, shall not be considered in computing the majority vote. Since abstention is not a vote, it does not count either way. Mere silence and abstention are not the equivalent of affirmative votes nor of negative votes. (Quien vs. Serina 17 SCRA 567, 1966; Ortiz Vs. Posadas, 55 Phil. 741; 62 CJS. P. 761).
This rule does not apply in voting for elective position, if a member is qualified.
Section11. Simple Majority. Except as otherwise provided in the internal rule and procedure and existing laws, rules and regulations, a vote by a ‘simple majority” shall prevail on other measures, motions or propositions provided there is a quorum. For the purpose of this internal rule, the term ‘simple majority” means any number higher than one-half of the total votes cast by the members present there being a quorum. Itmight be less than the majority of the entire membership.
RULE IX – RULES ON DEBATES AND AMENDMENTS
Section 1. As a general rule, no member shall speak before this Sanggunian without first “obtaining the floor”. A member who has obtained the floor shall address all his remarks to the Chair. He shall conduct himself with proper decorum by confining his remarks or arguments to the question under debate and by avoiding personalities.
Section 2. No member rendering a committee report or delivering the sponsorship speech shall speak for more than fifteen (15) minutes unless allowed by a majority of member present.
Section 3. No member shall speak for more than fifteen (15) minutes on a particular issue or question being debated upon unless he is allowed to do so by a majority of the members present.
Section 4. During the period of amendments, every member shall observe the so-called “five-minute rule” i.e. remarks or argumentation by any member on each proposed amendment shall not exceed five (5) minutes.
Section 5. The member rendering a committee report or delivering the sponsorship speech of a proposed measure may move to open or close the debate within the fifteen (15) minute period allowed to him. If he fails to exercise his option, the Chair may use the “assumed motion” to open or closed the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his sponsorship speech of a proposed measure, it shall be considered open to debate.
Section 6. While having the floor, a member may be interrupted in his speech or talk by the Presiding Officer to state a point of order, to respond to questions from the floor, to clarify something related to the issue being discussed or to make certain remarks within his privilege.
Section 7. The speaker may also be “interrupted by another member if the latter desires to ask questions thru his privilege to interpellate and by proposing the following motions.
• Point of Order
• Point of Information
• Point of Parliamentary Inquiry
• Call for orders of the day
• Divide the Assembly
• Raise a Question of Privilege
• Appeal from the decision of the Chair
Section 8. All questions addressed to the speaker or the member having the floor must always be coursed thru the Presiding Officer.
Section 9. The speaker being interpellated may decline to answer questions, if he so desires.
Section 10. No member shall speak against his own motion or proposition. He may, however, be permitted to withdraw his motion or proposition and if his request to withdraw it is denied he may vote against it.
Section 11. While the period of debate is in progress, no member shall roam around the session hall or leave the premises without the permission of the Chair.
Section 12. A motion to close the debate is in order if three (3) members have already spoken in the affirmative side and two (2) in the negative side, or only one (1) member has spoken in favour but none against it.
Section 13. Subject to the requirement of the proceeding Section, if no member moves to close the period of debate, the Chair, motu propio, may use the “assumed motion” in order to close the period of debate.
Section 14. When a motion “to call for the previous question” is proposed by a member which would result in the closing of debate on a pending question, a two-thirds (2/3) affirmative vote is hereby required.
Section 15. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave his seat nor interrupt the former in his talk.
Section 16. After the period of debate has been closed, the period of amendments shall immediately follow.
Section 17. Unless a different method is adopted by the members present in a particular session, amendments to any proposed measure, or parts thereof, shall be in seriatim. Under this seriatim method, the proposed measure is read paragraph by paragraph or section by section and after each one is read, amendments can be proposed and debated upon. Thereafter, a vote is taken on the proposed amendments. Eventually, this process will reach its conclusion and the original measure or proposition is said to have passed the “second reading”.
RULE X – COMMITTEE REPORTS
Section 1. Submission of Committee Report. Every committee to which a particular measure is referred by the Presiding Officer shall submit its report in writing to the Sanggunian, thru the Secretary, after finishing its task.
Section 2. Content of Committee Report. The committee report shall contain the following information:
• Name of the reporting committee or committees
• Brief statement of the subject matter referred to it and the action taken thereon including information gathered during the conduct of committee hearings or meetings and other relevant information.
• Finding or conclusions
• Recommendations (either to “file it away” or “to calendar it for second reading).
• Names and signature of concurring members
• Appendices (Minutes of the committee hearings or committee meetings, as the case may be)
Section 3. Discharge of Committee. A committee which failed to submit a committee report within the time requires may be discharged by the Sanggunian from further consideration of the measure or question referred to it. Upon motion by any member, the said measure can be re-assigned to another committee or submit to the body for proper disposition.
Section 4. Recommitting a Measure. When the Sanggunian is not satisfied with the report of a particular committee on a measure referred to it, the same may be re-committed or return back to that committee for further study.
Section 5. Calendaring a Measure for Second Reading. After the committee has rendered its report and its recommending favourably the enactment of a proposed ordinance it has “reported out”, a copy of the proposed ordinance shall be furnished the Committee of Rules which shall calendar it for “second reading”. Before the said proposed ordinance is sponsored on the floor, a copy thereof shall be furnished every Sanggunian-member by the committee Chairman concerned.
RULE XI – JOURNAL AND RECORD OF PROCEEDINGS
Section 1. Record of Proceedings. The Sanggunian shall keep a “journal and record” of its proceedings which may be published upon resolution of the majority members thereof.
Section 2. Minutes. In addition to the “journal of proceedings” which is required by the law (R.A. 7160) to be kept, the Sanggunian, thru its Secretary shall also records its proceedings in the form of a “minutes” which shall be submitted by the Secretary to the Sanggunian for appropriate action.
Section 3. Reading and consideration of Previous Minutes. The minutes of the previous session shall be submitted by the Secretary to the Sanggunian during its succeeding regular session. The Sanggunian shall first determine if there are corrections to be made on the minutes and act on it accordingly before the same is adopted and becomes its property. Consideration of the minutes shall not be dispensed with. Reading of the minutes “verbatim” may be dispensed with if the members were already furnished a copy beforehand. Being all responsible men and women, the members presumes to have read the minutes already before they come to the session. In any case, the minutes submitted by the Secretary shall be acted upon by the members present, one way or the other.
Section 4. Contents of Minutes. The minute shall contain the following information:
• Place, date and time of the session;
• Whether it is special or regular;
• Name of the members present therein and those who were absent;
• Action taken on the minutes of the previous session including the correction, if any;
names of those who did not, if any;
• Text of every measure (resolution or ordinance, etc.) adopted or enacted;
• Brief resume of the minority opinion, if any;
• The “Ayes” and “Nayes” or “Yes” or “No” votye on every questions (measure) and if voting is done thru nominal or roll call vote; the names of those who voted on either side;
• All motions presented or proposed, whether lost or carried, except those withdrawn;
• Full text of the veto message of the local chief executive, if any;
• Time of adjournment
Section 5. Signing of the Minutes. The original copy of the minutes shall be signed by the members who adopted it at the appropriate space therein. The presiding Officer at that particular session and the Secretary shall also sign or affix their signatures on the said minutes.
Section 6. Excerpts. Excerpts to be taken out of the minutes shall be certified and attested to as correct by the Secretary and the Presiding Officer on that particular session, respectively.
RULE XII – RULES ON MOTIONS
Section 1. All motions relating to a committee report, if presented or proposed by the reporting committee Chairman, or the reporting committee member, shall need No second.
Section 2. If someone “has the floor” , whether or not he is speaking, a “motion to adjourn” shall be ruled “out of order”.
Section 3. All “privilege motions” may be proposed even if there is a pending motion or question before the body.
Section 4. The following motions can be presented or proposed even if someone has the floor, viz:
a. Appeal from the decision of the Chair
b. Call for Orders of the Day
c. Divided the Assembly, Body (or House, if any)
d. Divide the Question
e. Object to the Consideration of a Question
f. Point of Order
g. Point of Information
h. Point of Parliamentary Inquiry
j. Reconsider and have entered on the minutes
k. Raise a Question of Privilege
In other words, the foregoing enumerated motions can interrupt the speaker.
Section 5. When there is no quorum present, a motion to adjourn or to take a recess is “in order” provided, that nobody else has the floor.
Section 6. The following motions require a SECOND, viz:
b. Adopt a report or resolution, except when proposed by the reporting committee Chairman or member
d. Appeal from the decision of the Chair
e. Commit or refer to a Committee
g. Extend or Limit the time for debate
h. Fix the Time to which to adjourn
i. Lay on the table
j. Postpone Definitely
k. Postpone Indefinitely
l. Call for the Previous Question
n. Reconsider and have entered on the minutes
o. Rescind or Repeal
p. Suspend the Rules
q. Take from the table
r. All main motions
Section 7. A motion to amend (amendment of the 1st degree) and motion “to amend an amendment to an amendment” is out of order.
Section 8. A motion can be withdrawn only when it is not yet being discussed or debated upon by the body. Otherwise, any request to withdraw it shall require a vote by the general consent and if there is an objection raised for its withdrawal, a majority vote of the members present is require.
RULE XIII – DISCIPLINARY ACTIONS
Section 1. Penalty. Any member who commits an act in transgression of the foregoing internal Rules of Procedure shall be punished with the corresponding penalties hereunder prescribed, to wit:
Prohibited acts Penalty
a. For disorderly conduct or behaviour during a 1st Offense – reprimand
session, committee hearing or committee 2nd Offense – exclusion from the membership
meeting in the committee concerned; suspension to
b. For any “justified” absence with prior notice None
c. For any “justified” absence without prior notice Fine of not more than Php 100.00
d. For any “unjustified” absence with prior notice Fine of not less than Php 50.00 but not more
Than Php 200.00
e. For ‘unjustified’ absence in four (4) consecutive Fine of not less than Php 1,000.00 but not
Sessions more than Php 3,000.00 without prejudice to the filing of the corresponding administrative charges as per Article 124 (6), IRR of R.A.
f. For coming late in any kind, of session Fine of not less than Php 25.00 but more than Php 50.00 per hour of being late or
g. Conviction by final judgment to imprisonment Automatic expulsion
of at least one (1) year for any crime involving
h. For refusal without valid excuse to perform the Fifteen (15) days suspension without
Task assigned to him by the Sanggunian or remuneration.
committee of which he is a member
i. For “unjustified” absence in committee hearing Php 500.00 but not more than Php 1,000.00
of which he is a composite member. without prejudice to the filing of corresponding administrative charge for neglect of duty.
j. For violation of any other provision of this Fine of not less than Php 500.00 but not
Internal Rules of procedure not specified
Section 2. Requisites. The penalty of suspension or Expulsion to be imposed shall require the concurrence of at least two-thirds 2/3 vote of all the members of this Sanggunian. For other kinds of penalty only a majority vote of all members of the Sanggunian shall suffice.
Section 3. Initiation of Action and Conduct of Investigation. The Committee on Rules shall take cognizance of all the offenses enumerated in the preceding Section committed by any member of this Sanggunian, both composite member and the constituent member, i.e. including the regular Presiding Officer and shall forthwith conduct the necessary fact-finding investigation and thereafter shall submit its committee report together with the corresponding recommendation for consideration of the Sanggunian sitting en banc.
For purposes of this section, only a fact-finding investigation and NOT and “administrative investigation” shall be conducted, and thus, the technical rules of court practice, procedure and evidence shall not be applied. However, the substantive due process requirement of fairness and reasonableness should be observe.
Should any member of the Committee of Rules by the respondent, the Presiding Office (regular or temporary presiding officer, as the case may be) shall designate a replacement to complete the membership thereof but only insofar as the conduct of the fact-finding investigation is concerned. In performing the other function of the said committee, the respondent is still a member of that committee.
Section 4. Collection of Fines and its disposition. The secretary to the sanggunian shall collect the fines as may be imposed by this sanggunian and shall take custody thereof as a private trust fund. In the disposition or disbursement of the said fund, the sanggunian shall convert itself into a “Committee of the Whole” and then decide upon a majority vote of all its members how and for what purpose the said fund would be spent.
Note: Note: the preceding sections and its contents are merely suggestive in nature.
Hence, they can be modified to suit the sanggunian’s particular need or desire.
RULE XIV – SUSPENSION OF RULES
Section 1. Any part of this “Internal Rules of Procedure”, except those prescribed by existing laws may be suspended at any particular session by general consent or by two-thirds (2/3) vote of the members present therein.
RULE XV – AMENDMENTS
Section 1. This “Internal Rules of Procedure” may be amended at any regular session by two-thirds (2/3) vote of all the members of this sanggunian, provided that prior notice of such proposed amendment is given to all the members of the sanggunian, and provided further that no provision herein which is based on, or prescribed by, existing laws shall be amended.
RULE XVI – SUPPLEMENTARY RULES
Section 1. The rules, procedure and parliamentary practices of the Philippine Congress and books dealing on this subject written by Filipino authors, particularly by Dr. Antonio Orendain, Professor Reynaldo T. Fajardo and Reverendo M. Dihan, shall serve as supplementary authorities of this sanggunian but only insofar as they are not incompatible with the rules and procedures adopted herein.
RULE XVII – EFFECTIVITY
Section 1. This “Internal Rules of Procedure” shall take effect on the date of its adoption.
Date adopted: JULY 27, 2018