office of the sangguniang bayan aklan, in its 12th · page 3 kalibo sangguniang bayan “resolution...

Republic of the Philippines Province of Aklan

Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 12TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION

HALL ON SEPTEMBER 26, 2013

PRESENT: Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer Hon. Mark V. Quimpo - SB Member Hon. Daisy Sucro Briones - SB Member Hon. Augusto C. Tolentino - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Gregorio R. Malapad, Jr. - SB Member Hon. Mark Ace L. Bautista - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Ananias V. Solina - SB Member, LIGA President Hon. Michael Angelo R. Melgarejo - SB Member, SK President ABSENT: None

“RESOLUTION NO. 2013-45

RESOLUTION ADOPTING THE UPDATED INTERNAL RULES OF PROCEDURE AND COMPOSITION/MEMBERSHIP OF THE STANDING COMMITTEES OF THE SANGGUNIANG BAYAN OF KALIBO, PROVINCE OF AKLAN FOR THE TERM OF 2013-2016

MAIN SPONSOR:

HON. ARNALDO M. TEJADA

CO-SPONSORS:

HON. DAISY S. BRIONES HON. AUGUSTO C. TOLENTINO

HON. ARIEL O FERNANDEZ HON. RODILLO L. POLICARPIO

HON. ANANIAS V. SOLINA

WHEREAS, pursuant to Section 50 of Republic Act No. 7160, otherwise known as “An Act Promulgating the Local Government Code of 1991”, on the first Regular Session following the election of its members and within ninety (90) days thereafter, the Sanggunian (Bayan) concerned shall adopt or update it existing rules of procedure;

WHEREAS, on July 8, 2010, the Sangguniang Bayan of Kalibo, has enacted an Ordinance No. 2010-01 adopting the Internal Rules of Procedure for the term 2010-2013;

WHEREAS, on first day of the Regular Session on July 4, 2013 the Sangguniang Bayan by virtue of a Resolution, has adopted a resolution entitled, “Resolution Adopting the applicable Provision of Ordinance No. 2010-01 (Internal Rules of Procedure)” of the previous set of Sangguniang Bayan of Kalibo;

WHEREAS, the present Sangguniang Bayan of Kalibo has opted to avail of the ninety (90) days after the first regular session on July 4, 2013, within which to adopted an updated rules of procedure to guide the members in enactment of ordinances and resolutions, and to follow the proper conduct of Sangguniang Bayan Members;

WHEREAS, not only as part of its inherent rights and obligations, but also in the maintenance of good order in the Sanggunian deliberations, it is actually necessary that specific rules be adopted and enforced in the interest of effective legislation;

NOW THEREFORE, in view of the foregoing premises, be it RESOLVED, by the Sangguniang Bayan of Kalibo, to adopt this updated rules of procedure that shall served as the handbook of all members of the Sangguniang Bayan in the exercise of its powers, duties and functions;

Kalibo Sangguniang Bayan “RESOLUTION NO. 2013-45

RULE I - COMPOSITION OF THE SANGGUNIANG BAYAN

SECTION 1. Membership - the Sangguniang Bayan of Kalibo, Aklan is composed of the Vice Mayor as Presiding Officer, the eight regular Members elected at large while the Sangguniang Kabataan Municipal Federation President and the President ng mga Liga Ng Barangay as Ex-Officio Members are elected by their respective groups in pursuant to their by-laws as mandated by the Local Government Code of 1991.

SECTION 2. Term of Office - The term of office of the Members of the Sangguniang Bayan of Kalibo shall be as mandated by law and shall commence on such date likewise mandated by said law.

SECTION 3. Oath of Office or Affirmation - All the members of the Sangguniang Bayan of Kalibo shall, upon assumption to office, take an Oath of Office or Affirmation in the prescribed form, duly subscribed before a person authorized to administer oath, Copies of said Oath of Office or Affirmation shall be filed and preserved in the Office of the Municipal Mayor of Kalibo, Office of the Human Resource Management and the Office of the Sangguniang Bayan.

SECTION 4. Business and Financial Interest - Every Sanggunian Member shall, upon assumption of office, make a full disclosure of his business and financial interest.

SECTION 5. Powers, Duties and Functions of the Sanggunian - The powers, duties and functions of this sanggunian as the legislative body of the municipality shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of the Local Government Code and in the proper exercise of the corporate powers of the municipality as provided in the Local Government Code of 1991 (RA 7160).

RULE II - THE PRESIDING OFFICER

SECTION 1. Who shall be the Presiding Officer - The Municipal Vice Mayor shall be the Presiding Officer of this Sanggunian Bayan. The Presiding Officer shall vote only to break the tie.

In the event of inability of the Vice Mayor to act as Presiding Officer, the Sanggunian Members present, constituting a quorum, shall elect from among themselves a temporary Presiding Officer. The acting or temporary Presiding Officer shall not vote even in case of a tie but shall certify within ten (10) days from the enactment or adoption of all ordinances and resolutions passed by the Sangguniang Bayan of Kalibo.

SECTION 2. Powers and Duties of the Presiding Officer

a.) To preside over the meetings of this Sanggunian. b.) To preserve order from all present, due respect and proper deportment, prevent

disturbances and disorders, and to order the session hall cleared of any or all persons behaving improperly.

c.) To make brief remarks, comments or clarificatory questions on any measure pending deliberation by the body provided that he shall not express himself either for or against the said measure or question.

d.) To decide all question of order, subject to appeal by any member which appeal shall not be debatable but the member may explain his approval for not more than five minutes.

e.) To sign all ordinances, resolutions, orders, memorials, letter request, invitation, proceedings and warrants issued by or upon order of the Sanggunian.

f.) To declare the meeting adjourned and rescheduled to some other time or place in case of serious disorder or great emergencies.

g.) Exercise such other powers and perform such other functions as may be provided by law, ordinance or regulations.

SECTION 3. 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 4. The Presiding Officer shall not be a Chairman of any standing committee, but shall have a voice and vote in all committee deliberations. He/She may, however be elected as chairman of any special or ad hoc committee which the Sanggunian may organize for specific purposes.

SECTION 5. As regular members of the Sangguniang Bayan, the Vice-Mayor, theoretically, is entitled to propose or introduce ordinance and resolution before said body, provided, that she will relinquish or designate any members of the Sangguniang Bayan to act temporarily as Presiding Officer in order for her to participate in the deliberations or floor discussion.


RULE III - THE SECRETARY TO THE SANGGUNIAN

SECTION 1. Qualification - There shall be a secretary to the sanggunian who shall be a career official with the rank and salary equal to a head of department or office.

SECTION 2. No person shall be appointed secretary to the sanggunian unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college university, and a first grade civil service eligible or its equivalent.

The appointment of secretary to the sanggunian is mandatory for provincial, city and municipal governments.

SECTION 3. Powers and Duties of the Secretary

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

c) Forward to the Municipal Mayor copies of ordinances and resolutions passed by the Sanggunian and duly certified by the Presiding Officer in the manner provided in Section 54 under Book 1 of the LGC of 1991.

d) Forward to the Sanggunian Panlalawigan, for review, within three (3) days after approval, copies of approved ordinances and resolutions such as but not limited local development plans and public investment programs formulated by the local development councils.

e) 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.

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

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

h) 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.

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

j) Furnish a Copy of Journal or Minutes of the Proceedings including Minutes of Public Hearing within 1 working day to the Members of the Sangguniang Bayan and immediately thereafter a copy of the approved minutes be sent to the Office of the Local Chief Executive.

k) Send notices and a copy of the agenda to each member of the Sangguniang Bayan, at least twenty four (24) hours before each special or regular session.

l) Send notices and a copy of the agenda to each member of the Committee, at least twenty four (24) hours before each committee meeting or public hearing and/or upon call by the committee chairman or by the Committee on Rules, Laws and Ordinances.

m) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position. (Sec. 469 of the LGC 7160)

SECTION 4. If the Secretary is absent or hindered by physical reasons to 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 concurred by the majority of the Sangguniang Bayan.

RULE IV - COMMITTEES

SECTION 1. Internal Rules of Procedure - (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sanggunian concerned shall adopt or update its existing Rules of Procedure.

SECTION 2. The Rules of Procedure shall provide for the following:

(1) The creation of standing committees which shall include but shall not be limited to the Committee on Appropriations, Women and Family, Human Rights, Youth and Sports Development, Environmental Protection, and Cooperatives; the general jurisdiction of each committee; and the election of the chairmen and members of each committee provided that sectoral representatives shall automatically chair the committee corresponding to their sectoral group. The President of the local chapters of the Liga ng


mga Barangay in provincial, city or municipal level shall likewise automatically chair the Committee on Barangay Affairs or its equivalent. (Art. 103, (b) (1) IRR, RA 7160).

SECTION 3. Each standing committee shall be composed of a chairman, a vice-chairman and number of members as maybe be determined by the Sanggunian.

SECTION 4. 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 but not involving policy-making.

SECTION 5. No member of the Sanggunian shall be Chairman of more than three (3) standing committees. Each committee shall be composed of a Chairman, Vice Chairman and three (3) members.

SECTION 6. 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 7. Committee shall meet at the call of their respective Chairman or majority of their members provided as prescribed by Rule III, Sec. 3 (l).

SECTION 8. A majority of the members of the committee shall constitute a quorum to do business. Unexplained absence in three successive committee meetings shall operate to relinquish membership therein and a ground for further disciplinary action.

SECTION 9. When a vacancy occurs in a committee, the same shall be filled by a majority vote of all the regular members of the Sanggunian.

SECTION 10. Any committee may request, through the Presiding Officer, the appearance before it of any official of this local government over which this Sanggunian exercises jurisdiction. Any person may appear at a committee meeting and present his views in matters before it at such time as the committee may designate.

If the Official or Employee belongs to the Executive Department of this Municipality, the Committee Chairman shall request the Presiding Officer to invite before them the said public official and employee through Local Chief Executive as a resource person at least two (2) days before each special or regular session, committee hearing or at least twenty four (24) hours for urgent concerns.

SECTION 11. All Committee Reports shall be in writing, signed by its respective Chairman or Committee members indicating there at comments and recommendations thereto, which shall be submitted to the Sangguniang Bayan Secretary at least 2 days before the regular session, who shall furnished a copy thereof to all Sangguniang Bayan Members for their appropriate action.

All Committee Reports that does not conform with the preceding paragraph shall not be included in the Order of Business.

When a measure is referred to two or more standing committees, the committees concerned may submit joint or a separate report thereon.

SECTION 12. Committee Report shall be adopted formally. Securing signatures of committee in lieu of a formal meeting is prohibited.

SECTION 13. 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 precluded from opposing it on the floor except for some amendments thereto.

SECTION 14. A Committee, reporting out a proposed ordinance, shall submit a copy of its report and a copy of the proposed ordinance 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 15. A Committee which has failed to submit a report on a particular question or for any similar valid reason, may be discharged by the body for 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 16. Special Committees 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 standing committees.


SECTION 17. Standing Committees - The Sangguniang Bayan of Kalibo shall elect the Chairmen and Members of the committee as mentioned in Section 3 of Rule lV of this Rules of Procedure.

SECTION 18. Committee meetings shall be called by the Chairman as the need arises. Any member who incurs three (3) successive absences from committee meetings must explain in writing his absences to the chairman of the committee. In case of failure of the chairman to convene the members within one week after the matter was referred to the committee, the Presiding Officer as ex-officio member shall convene the committee to consider the matter. The concerned committee hearing or public hearing as may be necessary. No new tax ordinance or revenue measure shall be enacted by the Sanggunian without a public hearing duly conducted by the committee concerned as required by Art. 275, IRR, LGC.

SECTION 19. As a general rule, a committee meeting shall be attended only by committee members, however those interested non-members of the committee may attend the meeting but cannot participate in the deliberation of the committee unless their participation is to enlighten or clarify certain relevant matters for consideration of the committee.

SECTION 20. For purpose of this Internal Rules, a committee hearing is an activity of the sanggunian, thru its committees, wherein the general public particularly those representing different sectors that may be interested or affected by a proposed measure are invited to attend to hear and be heard on the matter. On the other hand, a committee meeting, as the term implies, is a “meeting” of the members of the committee for the primary purpose of decision-making. Since decision-making is a different task, the committee is not precluded from inviting and seeking advice from technical persons.

SECTION 21. The Sangguniang Bayan shall have the following Standing Committees, the membership and general jurisdiction shall be hereinafter stated:

1. COMMITTEE ON RULES, LAWS AND ORDINANCES

Chairman : HON. ARNALDO M. TEJADA Vice Chairman: HON. ARIEL O. FERNANDEZ Members: HON. RODILLO L. POLICARPIO HON. ANANIAS V. SOLINA HON. AUGUSTO C. TOLENTINO

To which shall be referred all matters pertaining to or connected with the following:

a) Rules, ordinances and resolutions. b) Order of Business including the screening of Agenda, however, any proposed

resolutions or ordinance not included in the agenda shall be calendared upon request of a majority of the members of the Sanggunian or the committee concerned.

c) Expropriations and legality of donations, lease or exchange of government properties. d) Naming of streets and public places. e) Legal orders from the courts. f) All proposed ordinances whether regulatory or tax ordinances except appropriation

ordinance (which is cognizable by the Committees on Finance, Budget and Appropriation).

g) Legal aspects of action taken by or submitted to the Sanggunian. h) The committee concerned shall make a report on the status of approved

resolutions/ordinances, and other transactions, as need arises.

2. COMMITTEE ON PEACE AND ORDER AND PUBLIC SAFETY/DISASTER PREPAREDNESS (The Chairman of this Committee shall automatically be a member or the Peace and Order Council)

Chairman : HON. AUGUSTO C. TOLENTINO Vice Chairman: HON. ARIEL O. FERNANDEZ Members: HON. GREGORIO R. MALAPAD, JR. HON. ANANIAS V. SOLINA HON. ARNALDO M. TEJADA

To which shall be referred all matters or questions pertaining to the following:

a) Police work and services. b) Maintenance of peace and order. c) Prevention of crimes and the prosecution of crimes in coordination with the various

police and protective agencies.


d) Traffic rules and regulations. e) Fire prevention and control measures, fire and fire hazards. f) All matters pertinent to public safety. g) The committee concerned shall make a periodic report on the status of approved

resolutions/ordinances, and other transactions as need arises. h) To adopt measures to protect the citizens from harmful effects of calamities. i) To recommend to the body for the declaration of the area affected by calamity as

calamity area. j) To see to it that appropriation of 5% calamity fund for local calamities and disaster

preparedness plan is included in the annual budget. k) Authorize the Local Chief Executive through resolution to assist in emergency

operation in another locality. l) All matters pertaining to Disaster Preparedness (Global Warming).

The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transaction as need arises.

3. COMMITTEE ON AGRICULTURE, FOOD, COOPERATIVES AND LIVELIHOOD

Chairman : HON. AUGUSTO C. TOLENTINO Vice Chairman: HON. RODILLO L. POLICARPIO Members: HON. MARK ACE L. BAUTISTA HON. ARIEL O. FERNANDEZ HON. DAISY S. BRIONES

To which shall be referred all matters or questions pertaining to:

a) Agriculture in general, including but not limited to plants and animals. b) Agri-business, agricultural economies and research. c) Agricultural and educational extension services. d) Livestock quarantine; soil survey and conservation. e) Poultry and swine raising ventures. f) Rice, corn mill and feed mill operations. g) All types of cooperatives, promotion, enhancement and supervision. h) Livelihood and other pro-poor projects. i) Fishing industry in general. j) The committee concerned shall make a periodic report on the status of approved

resolutions/ordinances, and other transactions as need arises.

4. COMMITTEE ON EDUCATION, CULTURE, HISTORY, SCIENCE, ARTS AND TECHNOLOGY

Chairman : HON. MARK V. QUIMPO Vice Chairman: HON. DAISY S. BRIONES Members: HON. GREGORIO R. MALAPAD, JR.

HON. MARK ACE L. BAUTISTA HON. MICHAEL ANGELO R. MELGAREJO


a) Education in general, schools, colleges and universities, libraries, museums, pre-school age institutions like nurseries, day care centers, kindergartens and adult education.

b) Culture, arts and historical events, science and technology. c) The committee concerned shall make a periodic report on the status of approved


(Chairman of the Committee shall be member of the School Board)

5. COMMITTEE ON INFRASTRUCTURE (PUBLIC WORKS)

Chairman : HON. ARIEL O. FERNANDEZ Vice Chairman: HON. ANANIAS V. SOLINA Members: HON. RODILLO L. POLICARPIO HON. ARNALDO M. TEJADA HON. MARK ACE L. BAUTISTA



a) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of municipal funds including, but not limited to municipal roads and bridges, fishports, artesian wells, spring development, rainwater collectors and water supply system, seawalls, dikes, drainage and sewerage, and flood control, traffic signals and road signs and similar facilities;

b) All matters relating to the preparation of plans, specifications, supervision, monitoring of national, provincial and local funded projects.

c) Construction, maintenance and repair of public buildings, streets, drainage, bridges and other infrastructure projects, parks, shrines, monuments, edifices of municipal historical interest.

d) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

6. COMMITTEE ON BUDGET, APPROPRIATION AND FINANCE AND WAYS AND MEANS

Chairman : HON. RODILLO L. POLICARPIO Vice Chairman: HON. ARNALDO M. TEJADA Members: HON. ARIEL O. FERNANDEZ HON. AUGUSTO C. TOLENTINO HON. DAISY S. BRIONES

To which shall be referred all matters or questions pertaining to or connected with the following:

a) Local taxes, fees, charges, loans and other sources of local revenues. b) Appropriation ordinances. c) Annual and supplemental budgets. d) All matters which has to do with funds for the expenditure of the Municipal

Government. e) Payments of public indebtedness, monitoring of accounts and expenditures. f) All matters relating to revenue in general and bonded indebtedness. g) The committee concerned shall make a periodic report on the status of approved


7. COMMITTEE ON WOMEN, FAMILY RELATIONS AND POPULATION

Chairman : HON. DAISY S. BRIONES Vice Chairman: HON. MARK V. QUIMPO Members: HON. ARIEL O. FERNANDEZ HON. AUGUSTO C. TOLENTINO HON. ARNALDO M. TEJADA


a) Promotion of women’s and children’s rights and privileges and violation of such rights and privileges.

b) Program and projects on child and youth welfare, women’s welfare, family relations and community welfare.

c) Nutrition services and day care centers. d) Promotion of peaceful and harmonious family relations. e) Standards of public morals and decency. f) Implementation of family planning services; g) Promotion of responsible parenthood; h) Establishment and maintain an updated bank or information for program operations,

development planning and educational programs to insure people’s participation and understanding of population issues, policies, programs and projects.

i) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

(Chairman of the Committee shall be a member of Health Board)

8. COMMITTEE ON GAMES AND AMUSEMENTS

Chairman : HON. GREGORIO R. MALAPAD, JR. Vice Chairman: HON. ARNALDO M. TEJADA Members: HON. AUGUSTO C. TOLENTINO HON. ANANIAS V. SOLINA HON. MARK V. QUIMPO



a) Games and/or amusements, including but not limited to games and skills. b) Theaters, cinema, video machine and karaoke bars operation and computer games. c) The committee concerned shall make a periodic report on the status of approved


9. COMMITTEE ON BARANGAY GOVERNMENT AFFAIRS AND NGO’S

Chairman : HON. ANANIAS V. SOLINA Vice Chairman: HON. ARIEL O. FERNANDEZ Members: HON. ARNALDO M. TEJADA HON. AUGUSTO C. TOLENTINO HON. DAISY S. BRIONES


a) Affairs of local barangay units within the municipality. b) Creation or merger of barangays. c) Barangay boundary disputes. d) Changing of names of barangays or naming it. e) Matters of promotion and enhancement of non-government organizations and

monitoring its operations. f) The committee concerned shall make a periodic report on the status of approved


10. COMMITTEE ON YOUTH AND SPORTS DEVELOPMENT

Chairman : HON. MICHAL ANGELO R. MELGAREJO Vice Chairman: HON. MARK V. QUIMPO Members: HON. MARK ACE L. BAUTISTA HON. GREGORIO R. MALAPAD, JR. HON. ANANIAS V. SOLINA


a) Programs for uplifting the status of young people thru manpower and skills training. b) Programs to minimize juvenile delinquency and rehabilitation of victims of drug abuse c) Sports development program for competitiveness in the regional and/or national

levels. d) The committee concerned shall make a periodic report on the status of approved


11. COMMITTEE ON TOURISM, PROMOTIONS AND SPECIAL EVENTS

Chairman : HON. ARIEL O. FERNANDEZ Vice Chairman: HON. MARK V. QUIMPO Members: HON. AUGUSTO C. TOLENTINO HON. RODILLO L. POLICARPIO HON. ANANIAS V. SOLINA


a) Tourism development and promotions. b) Public occasions and special events of the Municipal Government. c) Town beautification and cleanliness campaign. d) Dissemination of information for the enhancement of tourism. e) The committee concerned shall make a periodic report on the status of approved


12. COMMITTEE ON PUBLIC UTILITIES, TRANSPORTATION, COMMUNICATION, ENERGY AND FACILITIES

Chairman : HON. AUGUSTO C. TOLENTINO Vice Chairman: HON. ARIEL O. FERNANDEZ Members: HON. MARK V. QUIMPO HON. GREGORIO R. MALAPAD, JR. HON. RODILLO L. POLICARPIO



a) Administration, operation or establishment of all kinds of public utilities of the local government unit.

b) Communication, light and power, mobility and water services, coordination with all government and private agencies with administration, operation and usage of public utilities.

c) All matters relating to transport operation. d) Public facilities including but not limited to, maintenance and upkeep of plazas, parks

and government buildings and its proper use. e) The committee concerned shall make a periodic report on the status of approved


13. COMMITTEE ON HUMAN RIGHTS

Chairman : HON. MARK ACE L. BAUTISTA Vice Chairman: HON. ARNALDO M. TEJADA Members: HON. GREGORIO R. MALAPAD, JR. HON. MARK V. QUIMPO HON. ARIEL O. FERNANDEZ


a) Promotion and protection of Human Rights. b) All abuses committed in violation of Human Rights. c) The committee concerned shall make a periodic report on the status of approved


14. COMMITTEE ON HUMAN RESOURCE, GOOD GOVERNANCE, PUBLIC ACCOUNTABILITY AND INTERNAL ETHICS, PRIVILEGES AND DISCIPLINE

Chairman : HON. ARNALDO M. TEJADA Vice Chairman: HON. RODILLO L. POLICARPIO Members: HON. AUGUSTO C. TOLENTINO HON. DAISY S. BRIONES HON. ARIEL O. FERNANDEZ


a) Operations and policies of the Municipal Government, Civil Service rules and regulations.

b) Personnel compensation, classification, pension and gratuity in general. c) Leave of absence, sickness, disability and maternity benefits, vacation and leave

credits. d) Personnel ranking and promotion. e) Local Government Administration, including but not limited to organization,

management and fiscal administration. f) Public accountability of local officials and employees. g) All matters/complaints relative to members of the Sangguniang Bayan whether or not

in the performance of their official functions, while in attendance of SB session, or not.

h) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

(Chairman shall be a member of the Personnel Selection Board)

15. COMMITTEE ON COMPREHENSIVE LAND USE AND HOUSING

Chairman : HON. ARNALDO M. TEJADA Vice Chairman: HON. ARIEL O. FERNANDEZ Members: HON. MARK ACE L. BAUTISTA HON. DAISY S. BRIONES HON. AUGUSTO C. TOLENTINO


a) Preparation of town plan and zoning. b) Preparation of exhaustive housing plan. c) Implementation of laws for socialized housing. d) Adoption of possible financing program for housing. e) Processing and approval of subdivision plans for residential, commercial, industrial


and other development purposes.

f) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

16. COMMITTEE ON VETERANS AFFAIRS, DISABLED AND ELDERLY PERSONS

Chairman : HON. DAISY S. BRIONES Vice Chairman: HON. AUGUSTO C. TOLENTINO Members: HON. GREGORIO R. MALAPAD, JR. HON. ARIEL O. FERNANDEZ HON. ARNALDO M. TEJADA


a) Promotion of the general welfare of war veterans and their families; b) Extending assistance to war veterans availment of benefits and privileges as provided

for by U.S. and Philippine laws. c) Promote the welfare of disabled persons and shall encourage partnership in

programs that address their needs and concerns. d) Protection of the rights and privileges of disabled persons. e) To reach out to the greater number of disabled persons the rehabilitations, skills and

training services and benefits being made available to them by national and local government agencies.

f) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

17. COMMITTEE ON LABOR AND EMPLOYMENT

Chairman : HON. MARK ACE L. BAUTISTA Vice Chairman: HON. GREGORIO R. MALAPAD, JR. Members: HON. MARK V. QUIMPO HON. AUGUSTO C. TOLENTINO HON. MICHAEL ANGELO R. MELGAREJO


a) Organization of labor market, including recruitment, training and placement of workers and employment, manpower promotion and development of labor intensive technology.

b) Mediation, conciliation and arbitration of labor disputes, wages, hours of labor, women and child labor, statistics and standards.

c) The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

18. COMMITTEE ON ECONOMIC ENTERPRISES

Chairman: HON. RODILLO L. POLICARPIO Vice Chairman: HON. ARIEL O. FERNANDEZ Members: HON. ARNALDO M. TEJADA HON. AUGUSTO C. TOLENTINO HON. MARK ACE L. BAUTISTA


a) Operation and policies of public market, slaughterhouse, auction markets, shopping centers and all other economic enterprise that engage in buying and selling of goods including advertisement. The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

19. COMMITTEE ON BUSINESS, TRADE, INDUSTRY AND CONSUMER PROTECTION

Chairman : HON. GREGORIO R. MALAPAD, JR. Vice Chairman: HON. MARK V. QUIMPO Members: HON. ANANIAS V. SOLINA HON. ARNALDO M. TEJADA HON. MARK ACE L. BAUTISTA



a) Conduct and operation of business, trades and industries in general within the Municipality

b) Protection of such businesses, trades and industry against unlawful, restraints and monopolies.

c) All matter relating to business, trade, industry and consumer protection. The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, and other transactions as need arises.

20. COMMITTEE ON ENVIRONMENTAL PROTECTION AND NATURAL RESOURCES

Chairman : HON. ARIEL O. FERNANDEZ Vice Chairman: HON. AUGUSTO C. TOLENTINO Members: HON. GREGORIO R. MALAPAD, JR. HON. ARNALDO M. TEJADA HON. ANANIAS V. SOLINA


a) Protection and maintenance of ecological balance in the Municipality. b) Implementation of community based forestry projects. c) Management and control of communal forest. d) Establishment of tree parks, green belts and similar forest development programs. e) All matter pertaining to environmental laws.

The committee concerned shall make a periodic report on the status of approved resolutions/ordinances, as need arises.

21. COMMITTEE ON HEALTH, SOCIAL WELFARE SERVICES

Chairman : HON. DAISY S. BRIONES Vice Chairman: HON. ARNALDO M. TEJADA Members: HON. MICHAEL ANGELO R. MELGAREJO HON. MARK V. QUIMPO HON. RODILLO L. POLICARPIO

a) Community based rehabilitation programs for vagrants, beggars, street children and scavengers, juvenile delinquents, and victims of drug abuse.

b) Social problems, relief to needy individuals, families and calamity victims. c) Health, sanitation and hygiene. d) Cleanliness and beautification of the community. e) Pollution prevention or control measures.

Proposals related to hospitals, health centers, cemeteries, medical clinics and all establishments involve in manufacture, handling and distribution of food; boarding houses, inns, lodging houses and dormitories, and all other health and sanitary measures as need arises.

RULE V - REGULAR/SPECIAL SESSION AND QUORUM

SECTION 1. This Regular Session of the Sanggunian shall be once a week to be held at the Session Hall every Thursday at exactly 2:00 - 5:00PM and could go beyond as the need arises.

SECTION 2. When public interest so demands, special session may be called by the Local Chief Executive or by a majority of the members of the 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/her household or at his/her usual place of business at least twenty four hours before the special session is held. In the event of any calamity, disaster, or any emergency occurrence requiring urgent appearance Sangguniang Bayan Members may be notified thru call or text messages.

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, for reason(s) of public interest, 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:


- 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 required quorum.

- 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 that needs immediate action.

SECTION 8. A majority of the members of the Sanggunian who have been elected and qualified shall constitute a quorum to transact official business.

SECTION 9. The regular presiding officer and the ex-officio members of the sanggunian shall be included in the computation/determination of quorum.

SECTION 10. In determining “quorum”, the term “majority” shall be based on the actual membership or incumbents in the Sanggunian which shall exclude the following:

A Member who is on official travel or business; A Member who is on official leave of absence; A Deceased Member; A Member who has resigned; A Member who is suspended; and A Member who is expelled or removed by final judgment.

SECTION 11. When no quorum at the start of the session. When the appointed time has come to start the regular session, the Presiding Officer calls the session to order, with or without the quorum.

In the absence of a quorum after calling the session to order and calling of the roll, the Presiding officer shall perform any of the following:

He may adjourn the session from hour to hour if he would like to wait for other members; He may adjourn the session from day to day; or He may adjourn the session for lack of quorum.

SECTION 12. When no quorum in the course of the proceeding which was started with a quorum. - During a session which started with a quorum and while on the proceeding a question on the lack of quorum is raised by any member, and announce the result thereof and then declare whether or not there exists a quorum.

In the absence of quorum, the Presiding Officer may declare a recess for not more than one (1) hour and wait for other members to come; or a majority of the members present may adjourn from hour to hour; or day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member or members of the police force to arrest the absent member and present him to the session hall.

If still there is no quorum despite the enforcement of the above remedial measures, the Presiding Officer may, motu proprio, or upon proper motion from the floor duly adopted by the body, declare the session adjourned for lack of quorum.

RULE VI - JOURNAL AND RECORDS OF PROCEEDINGS

SECTION 1. Records of Proceeding. The Sanggunian shall keep a “journal and record” of its proceedings. It may be published upon resolution of the majority members thereof.

SECTION 2. Minutes. Aside from the journal of proceedings, the Secretary shall also record the 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/Journal. The minutes/journal 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 members were already furnished a copy before hand. Such minutes must be acted upon by the Sanggunian.

SECTION 4. Contents of Minutes. The minute shall contain the following information:

Place, date and time of the session; Classification whether it is special or regular;


Attendance of members; Action taken in the minutes of the previous session including the correction, if any; The names of those who adopted the minutes and those who did not, if any;

Text of every measure adopted or enacted; Brief resume of the minority opinion, if any; The mode of voting and those who voted; All motions presented or proposed; Full text of the veto message of the local chief executive, if any; Time of adjournment.

SECTION 5. Signing of the Minutes. The Minutes shall be signed by the members, certified as to the correctness by the Secretary and attested to by the Presiding Officer.

SECTION 6. Excerpts. Excerpts to be taken out of the minutes shall be certified and attested to as corrected by the Secretary and the Presiding Officer.

RULE VII - ORDER OF BUSINESS

SECTION 1. The Order of Business in this Sanggunian shall be as follows:

I. Call to order II. Invocation (optional) III. National Anthem (optional) IV. Roll Call (optional) V. Reading and approval of the minutes of the previous meeting.

VI. Reading and reference to corresponding committees of proposed ordinances, resolutions, petitions, memorials, motions and other communications.

VII. Committee Reports. VIII. Calendar of Business

a. Unfinished Business b. Business for the Day c. Unassigned Business

IX. Business on Third and Final Reading X. Other Matters/New Business

XI. Adjournment

SECTION 2. 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 two (2) days before every regular meeting.

SECTION 3. 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, endorsement, petitions, memorials and memoranda; the name of the author or sponsor, in the case of motions, resolutions and ordinances; and the Committee or Committees to which they have been referred.

SECTION 4. Committee Reports shall be rendered, within fifteen (15) days from date of referral, first, by the regular committees in the order they are listed in the Rules of the Sanggunian, then, by special committees, in the order of their creation. The Report, consisting of the findings and recommendations of the majority of the Committee Members, shall be made by its Chairman, or if he dissents with the majority opinion, by any member therein concurring 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 5. 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 6. 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 7. Ordinances, resolutions, and other legislative matter scheduled for Final Reading shall be called in the order set forth in the Calendar of Business and shall be considered in the manner prescribed hereinafter.

SECTION 8. On a motion to suspend the rules, items of business may be taken away from their fixed order and considered forthwith by the body.


SECTION 9. The minutes of the proceedings of the Sangguniang Bayan shall be presented to the Sangguniang Bayan for examination and approval before they are submitted to the Presiding Officer for signature.

SECTION 10. After reading of the Order of Business, any Member may speak for not over thirty (30) minutes on any question of general interest. If more than one Member desires to make use of the privilege, the first to apply shall be given precedence. After a member who has finished, sufficient time is left of the allotted time, the Second Member who has asked to speak may do so and so on successively, until the full thirty minutes is consumed.

SECTION 11. After all pending business is disposed of the Presiding Officer shall call the business for the day.

SECTION 12. The Sangguniang Bayan may adjourn “sine die” the resumption of the consideration of matters entered in the Calendar of Business which were not disposed of during the meeting.

RULE VIII - RULES AND DISCIPLINE

SECTION 1. 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 or the Secretary.

SECTION 2. 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 3. Every member present at a meeting shall vote on every question raised unless he has a direct personal or pecuniary interest therein. In other words there shall be no abstention by any member except for the aforesaid reasons.

SECTION 4. A Member of the Sangguniang Bayan must observe decorum and display exemplary conduct during the session. Any Member should give due respect to any colleague who has the floor by not displaying any act or behavior that would disrupt the smooth flow of the session.

Likewise, any Member should not excuse himself from the session not until adjournment, unless given permission by the Presiding Officer.

SECTION 5. The Presiding Officer shall be responsible for the immediate transmittal of every ordinance or resolution passed and approved by the Body to the Office of the Sangguniang Panlalawigan within a period stated in the Local Government Code. Failure to comply with this section he/she will be subject for disciplinary action as stated in this internal rules of procedure and under Section 60 of the Local Government Code of 1991.

SECTION 6. The Sanggunian may punish its members for disorderly conduct, and with the concurrence of two-thirds (2/3) vote of all its members, suspend for not more than sixty (60) days (Art. 103, (b) (5) – IRR, RA 7160), reprimand or exclude from the session an erring member.

RULE IX - THE SESSIONS

SECTION 1. A session refers to a meeting of the Sangguniang Bayan when, although lasting from several hours, is one meeting. It may be regular or special session formally called by the Municipal Vice Mayor or Majority Members of the Sangguniang Bayan.

SECTION 2. The Sangguniang Bayan shall hold four regular meetings a month and as many special session as provided by law. A special session which has been set by the council shall not be postponed without the concurrence of the majority members.

SECTION 3. Unless the Sangguniang Bayan orders otherwise, regular sessions shall be held every Thursday of the month and every week thereafter. SB Sessions and Meetings can also be held in barangays upon motion by any member of the SB duly seconded and approved by the majority of the Council.

The formal session shall be held from 2:00 - 5:00 P.M., and could go beyond as the need arises to include consultation/citizens hour until adjournment.

If any of the regular meetings as scheduled falls on a holiday, the meeting shall be reset on the preceding or following working day upon the discretion of the Body or the Presiding Officer.


SECTION 4. The Presiding Officer shall open the session by calling the Sangguniang Bayan to order, after which there shall be a one minute prayer or meditation following by the singing of National Anthem, Aklan Hymn and Kalibo Hymn with the Members standing. Then the Presiding Officer shall order the roll call of the Members and on motion of the Body, he shall close the session with the words, “The session is adjourned”.

SECTION 5. Any Member of the Sangguniang Bayan who is absent from attending regular or special session without prior written notice of his absence sent to the Chairman, copy furnished the Office of the Sangguniang Bayan, shall be penalized as follows:

a) For the first unexcused absence - explanation of the absent Member. b) For two (2) consecutive absences - Resolution of reprimand by the Sangguniang Bayan. c) For three (3) consecutive unexcused absences without justifiable cause Exclusion of the

erring member from succeeding sessions and suspension of the absentee Member for not more than thirty (30) days without pay or be expelled of which a concurrence of at least two-thirds (2/3) vote of all members present is needed.

d) For four (4) consecutive unexcused absences without justifiable cause-Exclusion of the erring member from succeeding sessions, and suspension without pay of the absentee-Member for not more than sixty (60) days or be expelled of which a concurrence of at least two-thirds (2/3) vote of all members present is needed.

SECTION 6. Any member who is late for thirty minutes without valid excuse after the chairman shall have called the meeting to order wherein the time of the start of the meeting is specified therein shall be punished as follows:

a) First tardiness – P100.00 fine b) Second tardiness – 200.00 fine c) Third tardiness – 300.00 fine d) Subsequent tardiness incurred by the member concerned shall merit a

resolution condemning said practice without prejudice to allowable sanctions as provided by the Local Government and other related laws to be determined by the body.

e) Absence to committee meetings - 100.00 fine

Fines relative hereto shall be collected by Payroll Deductions and entrusted in the custody of the SB Secretary for future use as the Sangguniang Bayan may decide later.

SECTION 7. The exact hour of opening and adjourning the session shall be entered in the minutes.

SECTION 8. No reading of news paper should be allowed unless the news item is the subject of consideration and use of cell phone shall be on silent mode during the session or meetings.

RULE X - ATTIRE

SECTION 1. All Members of the Sangguniang Bayan are required to wear the prescribed attire for the regular and special sessions.

SECTION 2. A Member who attends a session without the proper dress code shall be allowed to attend the session but he will be fined P100.00 for that particular session, except when the reason for non-compliance is considered reasonable by the Sangguniang Bayan assembled, such as in mourn and coming from official or social functions.

RULE XI - LEGISLATIVE PROCEDURES

SECTION 1. Legislative actions of general and permanent character shall be enacted in the form of ordinances while those which is ministerial or administrative in nature and 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. Proposed ordinances and resolutions shall 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. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the Secretary to the Sanggunian who shall record the same to the Sanggunian at its next meeting. (Art. 107, (b), IRR, RA 7160)

SECTION 2. An Ordinance - is a local law, a regulation of a general, permanent nature, and a rule established by authority. It prescribes some permanent rules of conduct of government which have the force and effect of law, to continue in force until repealed or superseded by subsequent enactment.


SECTION 3. A Resolution - is merely for the translation of the current business of the local government unit and has no permanent value, for it deals only with matters of special or temporary character. It is a mere expression of the opinion or mind of the sanggunian concerning some matters of administration coming within its official cognizance and provides for the disposition of a particular item of the administrative business of a local government unit.

SECTION 4. The essential parts of an ordinance and/or resolution are the following:

a. Title or caption of the ordinance or resolution, b. Preamble c. Ordaining or enacting clause, d. The body, e. Penalty provision, if any, and f. Effectivity clause.

SECTION 5. The Cardinal rules that should be observed by the sanggunian in enacting an ordinance and/or a resolution. Legislative actions in order to be valid and binding must conform with the following cardinal rules:

a. Must be in harmony with the Constitution, laws or statutes as well as general principles of law and equity; in a sense must be consistent with public policy and must not contravene human rights;

b. Must be enacted in good faith, in the public interest, and designed to enable the local government unit to perform its functions;

c. Must extend only to subjects or matters which are within the powers of the sanggunian to enact;

d. Must be reasonable in its terms; e. Must not be partial or discriminatory; f. Must not restraint, but may regulate trade; and g. Must be adopted by an authorized sanggunian, legally convened.

SECTION 6. Procedural steps in enacting an ordinance or a resolution. The enactment of an ordinance or a resolution involves eleven (11) steps clustered along eight (8) dimensions from sponsorship to publication.

Sponsorship of an Ordinance or a Resolution

Step 1. A sanggunian member or a group of members files with the secretary to the sanggunian two (2) or three (3) copies of the draft ordinance or resolution in the form prescribed for the purpose. Approved Ordinance and Resolution shall be in Model Format/Standard Form that will be certified by the Sangguniang Bayan Secretary, attested by the Presiding Officer and Approved by the Municipal Mayor. However, a Special format shall be used to include the signatures of all the members of the Sanggunian under certain circumstances or purpose and/or upon required by the appropriate agency or institution.

Step 2. The secretary to the sanggunian records the draft ordinance or resolution in a logbook, indicating the following basic information:

a. Name of the author or authors; b. Title of the proposed ordinance or resolution; c. Date filed; and d. The number assigned to it.

Step 3. On first reading, the secretary to the sanggunian reports all proposed ordinances or resolutions to the sanggunian members filed at least three (3) days before a regular or special session. He reads the draft ordinance or resolution by its number and title and the name of author or authors if desired after which, the presiding officer immediately announces the committee or committees to which the proposed measure is assigned. Actual distribution of copies of the proposed ordinance or resolution is done later by the secretary.

Committee Deliberations

Step 4. If the committee concerned recommends action on the proposed ordinance or resolution, a report to the effect is submitted to the presiding officer through the chairman of the Committee on Rules who calendars the proposed ordinance or resolution for second reading.

If the committee action on a proposed ordinance or resolution is unfavorable, it is laid on the table and, within ten (10) days, the author or authors concerned are given notice stating the reason(s) for such action.


Second Reading and Floor Consideration

Step 5. No proposed ordinance or resolution may be considered on second reading in any regular session unless it has been reported out by the proper committee to which it was referred or certified as urgent by the local chief executive.

On the day set for the consideration of a proposed ordinance or resolution for second reading, the secretary reads the proposed ordinance or resolution in its entirety, although this can be dispensed with since every sanggunian member is presumed to have a copy of the measure under consideration. The chairman of the committee recommending the ordinance or resolution, or someone designated for the purpose, explains briefly the nature of the ordinance or resolution and recommends its approval. Thereafter, the proposed ordinance or resolution is subject to debate, then to amendments, and other proper parliamentary motions.

Step 6. The secretary to the sanggunian prepares enough copies of the proposed ordinance or resolution in the form it was passed on second reading, and distributes them to each member at least three (3) days before final reading.

Third Reading and Final Vote

Step 7. No ordinance or resolution may be approved unless it has passed three reading, and copies thereof in its final form have been distributed to the member at least (3) days before its passage, except when the local chief executive or the Sanggunian itself certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

Upon third reading of the proposed ordinance or resolution, the presiding officer puts the question(s) to a vote, and directs the secretary to the sanggunian to call the roll to record each member’s vote.

Approval of Ordinance and Resolution

Step 8. Every ordinance or resolution enacted by the sanggunian is presented to the local chief executive (LCE) for approval.

If the LCE approves the same, he affixes his signature on each and every page thereof; otherwise, he veto it and returns the same with objection to the sanggunian which may proceed to consider the same.

The sanggunian may override the veto of the LCE by a two-third (2/3) vote of all its member thereby making the ordinance or resolution effective for all legal intents and purposes

The veto shall be communicated by the LCE to the sanggunian within ten (10) days in municipality; otherwise the ordinance is deemed approved as if he had signed it.

Review of Ordinance or Resolution by the sanggunian

Step 9. An ordinance or Resolution of the sanggunian bayan shall be submitted to the sanggunian panlalawigan for review, by the secretary within three (3) days upon its approval.

An ordinance or resolution of the sanggunian barangay shall be submitted by the secretary to the sanggunian bayan, for review within ten (10) days after its enactment.

If no action has been taken by the sanggunian bayan, as the case may be, within, thirty (30) days after submission of an ordinance or resolution enacted by a lower level sanggunian, the same shall be presumed consistent with law and therefore valid.

Effectivity of Approved Ordinances and Resolutions

Step 10. Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the municipal hall, and in at least two (2) other conspicuous places within the territorial jurisdiction of the local government unit Kalibo

Publication of Approved Legislative Action

Step 11. The secretary to the Sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol or city,


municipal or barangay hall, as the case may be, and in least two (2) conspicuous places in the local government unit concerned not later than five (5) days after its approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the Philippine language or dialect understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.

The gist of all ordinances with penal sanction shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the province where the local legislative body concerned belongs, posting of such ordinance shall be made all municipalities and component cities of the province where the sanggunian of origin is situated.

Ordinance with penal sanction shall be posted at prominent places in the municipal hall, for minimum period of (3) consecutive weeks. Such ordinance shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, said ordinance shall take effect on the day following its publication, or at the end period of posting, whichever occurs later.

Any public officer or employee who violates an ordinance may be meted out administrative disciplinary action, without prejudice to the filling of the appropriate civil or criminal action.

The secretary to the sanggunian concerned shall transmit official copies of such ordinance to the chief executive officer of the official Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The official Gazette may publish ordinance with penal sanction for archival and reference purposes.

SECTION 7. Every ordinance and resolution presented for consideration shall be, denominated as “Draft Ordinance” and Draft Resolution” respectively and upon approval, each shall be called a “Resolution” or “Ordinance”.

Approved Ordinance and Resolution shall be in Model Format that will be certified by the Sangguniang Bayan Secretary, attested by the Presiding Officer and Approved by the Municipal Mayor. However, a Special format shall be used indicating all signatories of all the members of the Sanggunian under certain circumstances or purpose and/or upon required by the appropriate agency or institution.

SECTION 8. All proposed ordinances and resolutions shall be in writing and proper form signed by the author or authors, the same shall be submitted to the Sangguniang Secretary at least two (2) days before the session, copies of which shall be furnished to all Sangguniang Bayan Members.

All proposed ordinances and resolutions that does not conform with the preceding paragraph shall not be included in the agenda for proper action.

No draft ordinance shall be considered on second reading in any regular session unless it has been reported out by the proper committee to which it was referred.

SECTION 9. Before an ordinance or a resolution may be finally enacted, it shall undergo readings, as follows:

a) First Reading - the reading by the Secretary to the Sangguniang Bayan of the title of the proposed draft ordinance or resolution and the name of its author or sponsors, after which it shall be referred by the Presiding Officer to the appropriate committee or committees without debate.

b) Second Reading - at which the proposed ordinance and resolution, after having been sponsored in 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, and approved by the majority of the members, whereupon the measure shall be subject, first, to DEBATE, and then, to AMENDMENTS and all proper parliamentary motions.

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 question upon its passage shall be immediately taken.


A resolution which does not require too much discussion like that which only expresses thanks, appreciation, sympathy or condolence and other non-controversial resolutions may be acted upon immediately after the first reading provided that the rules have been suspended.

SECTION 10. 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 error referred, by a majority vote of the body there being a quorum, on motion of the committee claiming jurisdiction over it or the committee to which it was erroneously referred.

SECTION 11. 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 as 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 12. No ordinance or resolution shall be considered on second reading in any regular session that has not been reported by the proper committee except those prepared and introduced by committee having proper jurisdiction over the subjects thereof and those certified as urgent by the Mayor.

SECTION 13. The secretary shall prepare copies of the proposed draft 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 (3) 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 by final voting immediately after the second reading.

SECTION 14. Motions may be presented orally or in writing and considered according to the rules prescribed for ordinances 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 formally by the secretary in resolution or ordinance form as the case may be.

SECTION 15. Any legislative matter duly certified by the Local Chief Executive as urgent, whether or not it is included in the calendar of business, may be presented and considered by the body at the same meeting without need of suspending the rules. (Article104, par. E., Rules and Regulations Implementing the LGC).

An urgent matter, for purposes of this Section, is one which involves great public interest, the delay of which shall prejudice essential government activities.

SECTION 16. The pertinent provisions of Section 14, 15, 16, 17, 18, 19, 20 and 21 of the Local Government Code are hereby adopted as an integral part of these rules.

SECTION 17. Committee Reports on any proposed legislation shall be passed upon in formal session to be submitted to the Sangguniang Bayan properly signed by the committee members.

SECTION 18. Any standing Sangguniang Bayan Committee may request the appearance before the committee of any official or Chief of the Office of the Municipal Government or may request the appearance of other persons before it.

SECTION 19. All Special or Conference Committees shall be appointed by the Sangguniang Bayan or by the Presiding Officer.

SECTION 20. Any Committee or Special Committees conducting probes or investigations shall, within fifteen (15) days after the regular or special session of the Sangguniang Bayan, and from time to time when necessary, render to the Sangguniang Bayan an official report, signed by the chairman and majority of the members of the committee concerned, on such probes or investigation for which invitations, subpoenas and subpoena duces tecum has been issued.

SECTION 21. Any referral to the Committee shall be reported within fifteen (15) days or any date as specified by the Council after referral.

SECTION 22. There shall be a reorganization of the committees upon recommendation of two thirds (2/3) of the members of the Sanggunian but in no case shall a reorganization be made within one and a half years.

RULE XII - THE CALENDAR

SECTION 1. The Calendar of the Sangguniang Bayan shall consists of the following parts:


First. Unfinished Business. - Includes business which was being considered by the Sangguniang Bayan at the time of its adjournment.

Its consideration shall be resumed on each succeeding session until such unfinished business is disposed of.

Second. Business for the Day. - Includes ordinances, resolutions and other legislative measures on the Calendar for the consideration of the Sangguniang Bayan on that day and are arranged in the order appearing in the special agenda adopted. Such measures shall be considered in the order in which they are listed on the Calendar and after the business mentioned in the preceding paragraph.

Third. Business for a certain date. - Includes business set by the Sangguniang Bayan for consideration on a certain date. Such business shall be considered on the date set, in chronological order of designation, and in subsequent meeting until disposed of, unless the continuation of any business herein included shall be set for another day.

Forth. Unassigned Business. - Includes all ordinances, resolutions and other legislative measures in which the committees concerned have already submitted reports and the consideration of which have not been definitely set or assigned. However, any business included in this part of the calendar may be set for consideration on motion of any Member with the unanimous approval of the Body.

Fifth. Ordinances and joint Resolutions on Third Reading. - Includes all ordinances and joint resolutions to be submitted to a final vote by raising of hands, after printed copies thereof have been distributed to the Members at least three days prior to their passage.

SECTION 2. Items for Calendar should be presented to the Presiding Officer for screening and approval before it is included in the regular calendar of business.

RULE XIII - URGENT REFERRALS

Any legislative matter duly certified by the local chief executive as urgent, whether or not it is included in the calendar of business, may be presented and considered by the body at the same meeting without need of suspending the rules.

An urgent matter, for purposes of this Section, is one which involves great public interest, the delay of which shall prejudice essential government activities.

The secretary to the sanggunian shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading, and shall distribute to each sanggunian member a copy thereof, except that a measure certified by the local chief executive concerned as urgent may be submitted for final voting immediately after debate or amendment during the second reading.

RULE XIV - ORDINANCES, RESOLUTIONS, MESSAGES, MEMORIALS, AND PETITIONS

SECTION 1. Ordinances and resolutions shall be signed by their authors, and shall be handed to the Secretary of the Sanggunian who shall report the same to the Sangguniang Bayan at the next session for first reading and reference to the proper committees. The first reading of an ordinance or resolution shall only be the title. In case of an erroneous reference, the same way, under the five minute rule, be corrected on any scheduled regular meeting after the report of the committee to which the ordinance or resolution was improperly referred. In an ordinance or resolution resulting from a consideration or substitution made by a committee, there will be named as authors every member who has signed as such any of the ordinances or resolutions consolidated or substituted for, in the orders of the names shown therein and according to the date of the filling thereon.

SECTION 2. 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 all the sanggunian members.

SECTION 3. No ordinance or resolution shall be considered on second reading in any regular meeting unless it has been reported out by the proper committee to which it was referred or certified as urgent by the local chief executive.

SECTION 4. 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 a majority of the members present, there being a quorum. Any ordinance or resolution authorizing or directing the payment of


money or creating liability, shall require the affirmative vote of a majority of all the sanggunian members for its passage.

SECTION 5. Upon the passage of all ordinances and resolutions directing the payment of money or creating liability, and at the request of any member, of any resolution or motion, the sanggunian 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 6. Approval of Ordinances. a) Every ordinance enacted by the sanggunian shall be presented to the local chief executive. If the local chief executive concerned approves the same, he shall affix signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members thereby making the ordinance or resolution effective for all legal intents and purposes.

SECTION 7. The veto shall be communicated by the local chief executive to the sanggunian within ten (10) days; otherwise, the ordinance shall be deemed approved as if he had signed it.

SECTION 8. Messages from the Municipal Mayor shall be read in full before the Sangguniang Bayan, and those in which any recommendations are made shall be referred to the proper committee.

SECTION 9. Estimates of appropriations and all other communications from other Departments of the Municipal Government which have to be considered by the committee of the Sangguniang Bayan, and petitions and memorials addressed or endorsed to the Sangguniang Bayan, shall be reported to the Body and referred to the proper committee when necessary.

SECTION 10. On the day of the consideration of a reported ordinance and resolution the same shall be read in full, with such amendments as the committee may have proposed, unless such second reading shall be dispensed with by a majority vote, and thereafter the bill or resolution shall be subject to debate, amendment and all proper parliamentary motions.

SECTION 11. In the discussion of any measures, after three speeches for and two against it have been delivered, or only one speech for, there having none entered against it; a motion to close the general debate shall be in order and if said motion is approved by a majority vote, the Body shall proceed to the consideration of amendments under the five minute rule. Then any Member shall on request be allowed five minutes to explain such amendments and no further discussion shall be allowed on the subject. The same privilege to speak for or against any amendment that may be presented to an agreement shall be allowed. The Body may, by vote of a majority, the notice for which shall be decided upon without debate, but this shall not preclude further amendments to be decided without debate.

SECTION 12. After the general debate is closed, and the amendments disposed of, the proposed measure, if in the form of and amendment or simple resolution or a mere motion or proposition, shall be voted upon for final approval. If it is an ordinance or joint resolution, the same shall be referred to the Calendar of ordinances and joint resolution on third reading, and final copies shall have been distributed to the Members at least three days prior to its passage. Upon the last reading of an ordinance or resolution, no amendments thereof shall be allowed, and the question upon its passage shall be taken immediately thereafter, and the yea’s and the nays entered on the minutes.

SECTION 13. If the Municipal Mayor vetoes an ordinance or resolution or any part thereof, said ordinance or resolution or any part thereof shall be referred back to the Sangguniang Bayan containing all the objections of the Mayor in writing within ten (10) days. Otherwise the ordinance shall be approved as if he signed it.

The Sangguniang Bayan shall record the objections of the Municipal Mayor and proceed to reconsider the ordinance or resolution or the item or items vetoed. After reconsideration, the Body shall proceed to vote on the ordinances or resolution or the vetoed item or items thereof and the names of the Members voting recorded. If the vetoed, ordinance or resolution or vetoed item is passed by the vote of two-third (2/3) of all the Members of the Sangguniang Bayan, such ordinance or resolution or vetoed item shall automatically become a law or enforceable.

RULE XV - MOTIONS AND THEIR PRECEDENCE

SECTION 1. Every motion made to the Sangguniang Bayan shall be entered on the minutes of the Sangguniang Bayan with the name of the Member making it, unless withdrawn the same day or the same session.

Kalibo Sangguniang Bayan “RESOLUTION NO. 2013-45 SECTION 2. When a motion has been made, the Presiding Officer shall state it to the Body or, if be in writing shall cause it to be read aloud by the Secretary to the Sanggunian before being debated, and it shall then be considered as having been brought to the attention of the Body; but it may be withdrawn at any time before its decision or amendment.

SECTION 3. When a question is under debate, no motion shall be entertained, except to adjourn, to declare a recess, to lay on the table, to refer, to amend, or postpone indefinitely; which motion shall be precedent in the foregoing order; and no motion to postpone to a certain day, or to postpone indefinitely, having failed of passage, shall again be allowed on the same meeting at the same state of the question.

SECTION 4. When a motion or a proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of a substitute, but the latter shall not be voted on until the original motion or proposition is perfected, and any of said amendments may be withdrawn before a decision is had thereon.

SECTION 5. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.

SECTION 6. Amendment or additions to an ordinance, when not mere matters of form, shall be offered in writing, and the Secretary to the Sanggunian shall furnish copies thereof to the Members.

SECTION 7. On the call of any Member, before the question is put up, a question shall be divided if it includes propositions so distinct in substance that when one is taken away a substantive proposition shall remain.

SECTION 8. A motion to strike out and insert is indivisible, but a motion to strike out being lost shall neither preclude amendments nor motion to strike out and insert.

SECTION 9. Amendment to a title of an ordinance or resolution shall not be in order until after the text thereon has been perfected. Amendments to the title shall be decided without debate.

SECTION 10. When the reading of a paper other than the one upon which the Body is called to give a final vote is demanded and the same is objected to by any Member, it shall be determined without debate by vote of the Body.

SECTION 11. A motion to read any part of the rules is equivalent to call to order or question and takes precedence of any motion other than to adjourn.

SECTION 12. When voting on a motion not debatable, no other remarks will be entertained by the Presiding Officer when a Member cast his vote.

RULE XVI - QUESTION AND PRIVILEGE

SECTION 1. Question of Privilege are:

First - Those affecting the rights of the Sangguniang Bayan collectively, its safety, dignity, and the integrity of the proceedings; and

Second - Those affecting the rights, reputation and conduct of the Members, individually, in their representative capacity only.

SECTION 2. Any question of privilege shall have precedence over all other questions, except motion to adjourn, but shall be subject to the five-minute rule.

RULE XVII - PRIVILEGED QUESTIONS

SECTION 1. Privileged questions are those motions or subject matters which, under the rules and regulations, take precedence over other motions and subject matters.

SECTION 2. Privileged questions shall have precedence in each case by Rules or special regulations.

RULE XVIII - DECORUM AND DEBATES

SECTION 1. When any Member desires to speak or deliver any matter to the Body, he raise his hand and respectfully address himself to “Madam Chairman” or Madam Presiding Officer”.


SECTION 2. When two or more Members raise their hands at once, the Presiding Officer

shall name the Member who is to speak first.

SECTION 3. A Member, in any debate, shall state his questions, suggestions, or opposition substantially or direct to the point in a manner so as not to occupy much of the time of the session; or may speak more than once on the question without leave of the Body, except as hereinafter provided in this Rule.

SECTION 4. In all cases, the Member who has obtained the floor shall confine himself to the question under debate, avoiding personality, and shall refrain from uttering words which because of their meaning might be inconsistent with the decorum and dignity of a Member.

SECTION 5. The member reporting the measures under consideration from a committee may open and close, where general debate has been had thereon; and it shall extend beyond the duration of the given meeting, he shall be entitled to one hour to close, notwithstanding he may use an hour in opening.

SECTION 6. If any Member, in speaking or otherwise, he should transgress the Rules of the Sangguniang Bayan, the Presiding Officer shall, on his own initiative or at the request of any Member, call him to order, and the Body shall, if appealed to, decide on the case as provided in Section 4 of Rule III. If the decision is in favor of the Member called to order, he shall be at liberty to proceed, but not otherwise.

SECTION 7. It is requested that a Member be called to order for words spoken in debate, the Member making such request shall indicate the words excepted to and they shall be taken down in writing by the Secretary to the Sanggunian and read aloud to the Body; but the Member who uttered them shall not be held to answer nor be subject to censure of the Body thereto, if further debate or business has intervened.

SECTION 8. While the Presiding Officer is addressing the Body or putting a question, no Member shall walk out of or cross the Session Hall. Raising of the hand is enough signal that a Member is making his exit for personal necessity.

RULE XIX - VOTING

SECTION 1. The Presiding Officer shall rise to put a question and shall do it in this form, to wit, “As many as are opposed, raise your hand”.

SECTION 2. Any Member may explain his vote for not more than three minutes.

SECTION 3. No motion except on the presence of quorum shall be entertained during voting.

SECTION 4. When the Presiding Officer asks if there is an objection to a motion for approval of any ordinance or resolution and no one registers his objection thereto, the Secretary to the Sanggunian shall enter in the record as voting affirmatively the names of all the Members present at that particular time, this having the effect of a nominal voting.

SECTION 5. No Member can vote on any question in which he has direct, personal or pecuniary interest. This does not, however, preclude any Member from voting for himself to any position within the Sangguniang Bayan.

SECTION 6. A Member can change his vote only before the Chair announces the result of the voting. After the announcement, a Member can change his vote upon due cause only by unanimous consent of the other Members present.

SECTION 7. No Member can be compelled to vote. He may, however, abstain and will not participate in the discussion. The name of the Member who choose to abstain should be put on record.

SECTION 8. A matter, motion or resolution is considered carried or approved if voted by a majority of Members present.

RULE XX - RECONSIDERATION

SECTION 1. When a report, motion, resolution or proposed ordinance has been lost, only a Member who voted with the majority side shall be entitled to present a motion for reconsideration when the matter is still within the control of the Sangguniang Bayan; Provided, however, that a Member who voted with the majority may present a motion for reconsideration, if seconded by a


a Member from the prevailing side. Any Member who abstained from voting shall have absolutely no right to ask for a reconsideration. SECTION 2. A motion for reconsideration, if duly seconded, takes precedence over all other questions, except a motion to adjourn. SECTION 3. No ordinance, petition, memorial or resolution referred to a committee, or reported there from printing and recommitment, shall be brought back into Sangguniang Bayan motion to reconsider.

RULE XXI - DECLARATION OF OUT OF ORDER; REFUSAL TO ABIDE; PUNISHMENT

SECTION 1. Any Member of the Sangguniang Bayan who shall fail to observe the Rules prescribed herein shall be declared out of order and, if he has the floor, may be compelled, to take his seat. In case of refusal to abide by the ruling of the Chair, the Sangguniang Bayan, upon motion of any Member and duly seconded, may officially reprimand the erring member. Members reprimanded shall appeal to the minutes of the corresponding session. SECTION 2. Any Member of the Sangguniang Bayan who accuses another or other Members, or any Municipal Official or employee and later on cannot substantiate the charges, the purpose of which is only to gain publicity in the newspaper or radio, shall be punished by public censure to be voted upon by the Body.

RULE XXII - PERTINENT PAPERS, COMMUNICATIONS AND DOCUMENTS

OF THE SANGGUNIANG BAYAN

SECTION 1. Committee papers, documents and communications shall be delivered to and kept and reserved in the general files of the Sangguniang Bayan for future reference. SECTION 2. The Secretary to the Sanggunian, after the adjournment of a session, shall take charge of, keep and file all ordinances, resolutions, petitions and other papers referred to committees, including all data, evidence and reports gathered by such committees during said session, which have not been reported to the Sangguniang Bayan. All papers of confidential nature or those which the committee concerned considers confidential shall be placed in confidential files under the custody of the Office of the Secretary to the Sanggunian. SECTION 3. No paper presented to the Sangguniang Bayan shall be withdrawn from its files without its leave, and if withdrawn there from certified copies thereof shall be left in its place; but when an act may pass for settlement of a claim, the Secretary to the Sangguniang Bayan is authorized to transmit to the Officer In-charge of the settlement thereof, the papers on file in his office relating to such claim, or may loan temporarily to an officer or Bureau any matter pending before such office or bureau, taking proper receipt thereof.

RULE XXIII - UNFINISHED BUSINESS

SECTION 1. All Unfinished Business brought before committee of the Sangguniang Bayan at the end of the session shall be resumed at the commencement of the next session in the same manner as if no adjournment had taken place. SECTION 2. For purpose of the preceding section, the Secretary to the Sanggunian shall return to the respective committees the papers relating to all unfinished business submitted to him at the close of the preceding session.

RULE XXIV - WITNESSES

Witnesses summoned to appear before the Sangguniang Bayan by any of the committee maybe entitled to a per diem for so appearing and to be reimbursed of their actual and necessary traveling expenses as the Committee on Finance, Budget and Appropriations may recommend and subject to the approval of the Presiding Officer.

RULE XXV - SUPPLEMENTAL RULE

In the event that Administrative Case are filed in the Sangguniang Bayan, Ordinance No. 2008-06 will be adopted.

The Robert Rules of Order or any Sangguniang Rules of Procedure not in conflict with these Rules may also be considered supplementary hereto.


RULE XXVI - AMENDMENTS

Any amendments of these Rules shall be presented in writing and shall be approved by a vote of two-thirds (2/3) of all the Members of the Sangguniang Bayan; Provided, however, that promulgation of these Rules, except if contrary to the provisions of the Local Government Code (R.A. 7160) and the guidelines subsequently prescribed by the Department of Interior and Local Government, in which cases the amendment shall have precedence in the order for consideration.

RULE XXVII - SEPARABILITY CLAUSE

Sections or part of this Internal Rules are hereby deemed separable. If any rule or section hereof declared void and ineffective by final judgment as promulgated by competent judicial authority, other sections or provisions thereof shall continuously remain valid and enforceable.

RULE XXVIII - DATE OF EFFECTIVITY

These Rules shall take effect immediately upon adoption.

ADOPTED, September 26, 2013.”

- I hereby certify to the correctness of the above stated resolution as to form.

DIANA V. TORRE-FEGARIDO SB Secretary Attested:

MADELINE A. REGALADO Vice Mayor Approved:

WILLIAM S. LACHICA Municipal Mayor

office of the sangguniang bayan aklan, in its 12th · page 3 kalibo sangguniang bayan “resolution...

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