parliamentary procedure power point

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SANTI B. CANE, JR. Vice Governor, Agusan del Sur 2007-2016 AGUSAN DEL SUR COLLEGE SUPREME STUDENT COUNCIL September 1, 2015 PARLIAMENTARY RULES OF PROCEDURE by REVERENDO M. DIHAN

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Page 1: Parliamentary procedure power point

SANTI B. CANE, JR.

Vice Governor, Agusan del Sur2007-2016

AGUSAN DEL SUR COLLEGE SUPREME STUDENT COUNCIL

September 1, 2015

PARLIAMENTARY RULES OF PROCEDURE

by REVERENDO M. DIHAN

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Meetings/sessions are conducted in

order for the body to formally and

officially come up with collegial

decisions that are often beneficial to

the general membership.

Any measure being considered for

deliberation/decision is done through a

“motion”.

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MOTIONS

Meaning of the term “Motion”

A “motion” is a formal proposal submitted by a

member for consideration of the body . The formal proposal

which is expressed in the form of a “motion” may be an

exercise of a privilege, a request, a demand, or a desire, of a

member of a deliberative body.

As a general rule, a “motion” should be preceded by

the phrase “I move that”; “I move for”; or “I move to”.

However, there are many exceptions to this rule. One such

exception is when a “motion partakes of the nature of a

request or a demand where the application of the phrase “I

move” would become irrelevant or inappropriate.

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RA

NK

PRIVILEGE MOTIONSDoes it

Need a Second

Can it

interrupt

the Speaker?

1 FIX TIME TO WHICH TO ADJOURN YES NO

2 ADJOURN (if unqualified) YES NO

3 TAKE A RECESS YES NO

4 RAISE A QUESTION OF PRIVILEGE NO YES

5 CALL FOR ORDER OF THE DAY NO YES

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RA

NK

SUBSIDIARY MOTIONSDoes it

Need a Second

Can it

interrupt

the Speaker?

6 LAY ON THE TABLE YES NO

7 CALL FOR THE PREVIOUS QUESTION YES NO

8 MODIFY THE LIMITS OF THE DEBATE YES NO

9 POSTPONE DEFINITELY YES NO

10 COMMIT OR REFER TO A COMMITTEE YES NO

11 AMEND (unadopted question) YES NO

12 POSTPONE INDEFINITELY YES NO

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RA

NK

MAIN MOTIONS

Does

it

Need

a

Second

Can it

interru

pt the

Speaker?

It is

Ame

nd-able?

13 a. General Main Motions

b. Specific Main Motions

Reconsider YES YES NO

Reconsider and have entered on the

MinutesYES YES NO

Rescind or Repeal YES NO NO

Adopt a Report or Resolution YES NO NO

Amend (adopted question) YES NO YES

Adjourn (if qualified) YES NO Y-3

Take from the Table YES NO NO

Expunge YES NO NO

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RANK INCIDENTAL MOTIONSDoes it

Need a Second

Can it

interrup

t the

Speaker?

Suspend the Rules YES YES

Withdraw a motion NO NO

Object to the consideration of a question NO YES

Raise a point of order NO YES

Raise a point of information N0 YES

Raise a parliamentary inquiry NO YES

Appeal from the decision of the Chair YES YES

Call for the division of the body, assembly or house, if there is any, like in Congress

Y-1 YES

Ask for the division of the question Y-1 YES

Ask/Request permission to read papers NO NO

Motion to reopen or close nominations or polls YES NO

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PARLIAMENTARY RULES OF PROCEDURE

IN THE CONDUCT OF A MEETING/SESSION

The FIVE (5) REQUISITES:

PRESIDING OFFICER SECRETARY

QUORUMORDER OF THE

BUSINESS

RULES OF PROCEDURE

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THE PRESIDING OFFICER

President/Chairman

Vice-President/Vice Chairman

Secretary

“Rules of Order” or “Rules of Procedure” of a non-legislative body should make a provision for this kind of contingency

has no other

authority

except to

preside in the

particular

meeting.

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“The Chair believes that ….” instead of saying: “I believe that …..”

“The Chair rules the gentleman out of order”.

“The Chair hereby rules (or makes a ruling) that the statement of the gentleman is out of order.”

The primary duty of the presiding officer is to see to it that the rules are observed. The Presiding Officer shall refer to himself only

in the third person. In other words, he shall not use the personal pronoun “I”.

E

X

A

M

P

L

E

S

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The presiding officer has the following duties:

1.To call the meeting to order;

2. To recognize properly the member obtaining the floor;

3. To make rulings particularly on points or order,

parliamentary inquiry; appeals and requests;

4. To maintain order and proper decorum;

5. To take a vote on the pending question and

announce the result thereof;

6. To inform the body of each item of business;

7. To clarify issues when needed;

8. To adjourn the meeting properly; and

9. To perform other duties required on him by the rules

of the organization.

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SECRETARY

Records the proceeding in the form of a journal or minutes

In the absence of the regular secretary, a temporarysecretary may be designated by the Presiding Officerwith the concurrence of the majority of the memberspresent constituting “a quorum” or elected by amajority of the members

The temporary secretary shall serve only

during that particular meeting or until the

arrival of the regular secretary, if the latter

would come

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QUOROM

A minimum number, proportion or percentage, or members required to be present at a particular meeting

The number of persons of a deliberative body which, when legally assembled in their proper places will enable the

body to transact its proper business

A proportion or percentage, like “one-third (1/3)”, “one-fifth (1/5)”, “one-tenth (1/10)”, etc. of the entire

membership.

When the organization did not specify the number of members to constitute a “Quorum” then the generally accepted parliamentary rule fixing the “Quorum” to be a majority of all the members shall

apply

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Computing a Quorum

Number of members necessary for the purpose should be based on actual membership of incumbents.

This must be limited to actual members who are not incapacitated to discharge their duties by reason of death, incapacity, or absence from the jurisdiction of the organization, or for other causes which make attendance of the member concerned impossible even through coercive process.

In the absence of a “Quorum” no business can be transacted with legal effect even with the unanimous consent of those present.

Decision of the BODY is null and void where said Body had no quorum when such action was taken.

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is a document containing a set ofprocedural rules that govern the orderlytransaction of business and defining theduties and responsibilities of theofficers during the conduct of meetings.(a) Rules of Procedure distinguishedfrom “Standing Rules,” “By-Laws” and“Constitution.”

RULES OF PROCEDURE

(aka Rules of Order: Internal Rules)

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is a set of rules relating to the details of the administration of the organization which are temporary in character, procedural in nature and usually adopted separate from the “by-laws”.

Examples : scheduling a meeting; imposing of fines for erring members; election and voting procedures and the like.

Standing Rules

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is a set of rules designed to carry-out the provisions of the organization’s fundamental principles embodied in its “Constitution”.

Examples : rules or policies onmembership, officers of the association,committees, mechanics of elections,meetings, quorum, order of business,amendments of by –laws, debates, andthe like.

By-Laws

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Order of Business is the prescribedsequence of business to be taken upduring a meeting or session which helpsas guide for an ordinary and properconduct of the proceedings.

ORDER OF BUSINESS

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Non Legislative Body

a) Call to Order b) Roll Call (Optional) c) Reading and consideration of previous minutes d) Reports of Standing committee e) Report of Special (or Ad Hoc) Committee f) Agenda - Unfinished Business - Business for the Day - New Business g) Announcement (optional) h) Adjournment

Unless otherwise modified by the “rules of procedure” of the organization, the following is the generally accepted standard Order of Business for legislative and non-legislative bodies:

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When the scheduled time of the meeting hasarrived, the Presiding Officer should take hisassigned position in the hall and while he is“in the Chair” he may then call the meeting toorder.

Call to Order

Rule: - The Presiding Officer should make the call

to order while he is in standing position and not

while he is already seated.

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Procedure: - The Presiding Officer holds hisgavel and while in standing position raps thegavel (once or thrice, whichever is moreappropriate) and in a formal mannerannounces:

“The meeting will please come to order”

“The Chair now calls the meeting to order”

“The Convention of the ….is now declared open”

“The convention will please come to Order”or any words to this effect, followed by the

rapping of the gavel.

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Rapping of the Gavel

Small Assembly

Large Assembly

Once

Thrice

Notes

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Invocation or Prayer Notes

After the “call to order”

National Anthem and Prayer

During meetings: Having them is a matter that should be left to the sound judgment or discretion of the members

concerned

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Calling the roll of members is an optional item in the order of business and as such it may be dispensed with.

Procedure: If “roll call” is to be made the Presiding Officer assigns this task to the Secretary by stating: “The Secretary will please call the roll of members.” The Secretary in turn reads aloud the names of members who should answer “Here” or “Present”.

If there is an attendance sheet or registration sheet being signed by the members as they come inside the hall, there is no need for the roll call.

Roll Call

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Reading of the minutes verbatim is not necessary if the members of the organization were furnished beforehand a copy of it.

When they come to the meeting or session they are presumed to have read it already.

Reading and consideration of the minutes may be postponed or deferred to a later time but it cannot be dispensed with.

Reading and Consideration of Previous Minutes

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Procedure: In submitting the minutes for consideration of the Body, the Presiding Officer should first ask for corrections, thus:

CHAIR: “Are there corrections to be made on the minutes?” If no corrections are offered, he adds:

CHAIR: “There being no corrections offered the minutes stand approved as read.”

(Note that the minutes has been approved without taking any vote. This is another example of “approval by general consent”)

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If there are corrections proposed, the Presiding Officer shall instruct the Secretary to note them down and put the proposed corrections to a vote by stating:

CHAIR: “As many as are in favor of the proposed corrections say, “aye”….. those opposed say, “no”.

In the preceding example, corrections on the minutes were offered in the form of a proposal or suggestion. When corrections are offered in the form of a “proposal” or “suggestion” it does not need a second.

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Another way of offering corrections to the minutes is thru a “motion” specifically by proposing a “motion to amend”, as in the following example:

MEMBER: “Mr. Presiding Officer, I moved to amend the minutes by substituting the word “petition” appearing in line 7 of page 1 thereof, with the word “request” in its stead.

CHAIR: (If motion is seconded): “If there is no objection to the motion, it is carried by general consent.”

If there is an objection raised to that motion:

CHAIR: (Putting the question to a vote):

“The question now whether or not to substitute the word “Petition” appearing in line 7 of page 1 of the minutes with the word “request”.

“Are you ready to vote?”

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“Those in favor of the motion, please raise their right hand.” “Those against please do the same.”

“The affirmative side has it.”

CHAIR:“Is there any further correction to the minutes?”

“There being no further corrections to be made, the minutes stand approved as corrected (or made).”

It will be noted from the foregoing examples that the “Chair” is no longer waiting for any member to propose a “motion” to approve the minutes. This is because in parliamentary law the Presiding Officer is allowed to “assume a motion to be approved by general consent.”

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In order to save time, it is advisable for the Chair to always report on the approval of the motion to adopt the minutes, including its corrections, by general consent, unless it becomes necessary to put it to a formal vote.

Additional examples:

CHAIR: “If there is no objection from the floor, the minutes is adopted as read.”

“If there is no objection to the proposed correction, it is adopted by general consent.”

“If there is no objection, the motion is carried.”

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That the Chair’s statement begins with the phrase “If there is no objection” and thus, if nobody would register an objection it is but logical to assume that everybody is in complete agreement with his “ruling.”

Rule: If the ruling made by the Chair is not reversed by the Body, it becomes the body’s decision.

Note

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Calendar of Business

Is the official list of specific proposals or measures intended to be acted upon during a session of a legislative body.

It is synonymous with the term “Agenda” which reports to the items of business to be taken up at a meeting of non-legislative bodies.

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Unfinished Business

Business for the Day

Unassigned Business

The “calendar of business” is composed of three (3) parts, viz:

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Unfinished business

This refers to any kind of business including, but not limited to proposals or measures that have been left unacted upon, postponed or left unfinished during the previous meeting.

This also includes items of business left unfinished or un-acted at the end of the term of the previous body.

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Business for the Day

The list of items that have been reported out by committees and ready for deliberation on “second reading” as determined by the Committee on Rules.

Also includes items that have been passed or approved on “second reading” and are ready for the body’s decision on “third and final reading.”

In “non-legislative bodies”, the items “business for the day” refers to its main agenda which include the proposals for which the meeting is called for.

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Unassigned Business

Pending matters or measures and new ones arising out during the deliberations but not yet assigned or referred to proper committees for appropriate action including the following:

Matters, proposals or measurers usually in the form of resolution or ordinance that have not yet been referred to any particular committee albeit they have been reported out during the period for committee reports;

Matters, proposals or measurers already referred to a committee but for some reason or another was not acted upon and the body decided to discharge that committee from further handling it. Thus, it becomes imperative to assign that matter to another committee, or create a special committee for that purpose;

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Matters, proposals or measures which have been erroneously referred to a committee but, for some reason, or another, was not corrected immediately after the reading of the minutes containing it.

( The alternative left for the committeeconcerned is to include that matter in theitems under “unassigned business” andwhen this period comes correction may stillbe made thru a motion to that effect byeither of the following: (a) committee onrules; (b) committee claiming jurisdictionover it; and, (c) committee to which it waserroneously referred;)

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In non legislative bodies:

“New Business” includes all legitimate or pertinent matters initiated on particular meeting.

During this period any new business can be brought up either by a member or the presiding officer who may bring to the attention of the assembly any pertinent matters that he believes should be acted upon by it.

The term “new business” commonly used in meetings is the equivalent of “other matters” which is customarily used in “conferences”; or “committee/board meetings.”

Notes

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In parliamentary law, however, there is no such thing as “Other Matters.” What is being advocated by parliamentarians is the term “New Business” which is, simply, the “unwritten agendum or agenda” but this is appropriate only in non-legislative bodies.

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The time at which the meeting or session is officially closed or terminated.

◦ A meeting is properly adjourned if the Presiding Officer had duly declared its adjournment.

◦ Even if the members had already adopted a “motion to adjourn” but there are still some important announcements that necessitate the continuance of the meeting, the Chair may defer the adjournment in order to make such announcement.

Adjournment

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It is improper for the Chair to state:

“There being no more business to take up, the meeting is adjourned. “This is referred to as “illegal adjournment” because only the “body” or “assembly” has the authority to make such decision thru a motion to that effect.

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It is proper for the Chair to state :

“There is no more business to take up. If there is no objection from the floor, the Chair on its own cognizance will declare the meeting adjourned. The Chair hears no objection the meeting is adjourned”.

Or:“If there is no objection from the floor, the meeting is adjourned.”

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Normally, there will be no objection from the floor since there is no more business to take up, thus, it can not be said that the Chair was the one who adjourned the meeting because nobody objected to the “assumed motion” and so the adjournment is considered to be by “general consent”.

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In case there is an objection raised by any member, the following would be the scenario:

MEMBER: “Mr. Presiding Officer, I object to the adjournment.”

CHAIR: “There is an objection to the adjournment. The question now is on the “assumed motion to adjourn”. As many as are in favor that we adjourn, please raise their right hand. Those opposed, please do the same. The affirmative side has it. The meeting is now declared officially adjourned.”

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That the Chair did not state:

“Is there any discussion?”

“Is there any question?”

“Are you ready for the question?”

That is because an “assumed motion” is not debatable and, therefore, any further discussion on it would be unnecessary.

Note

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Announcements – this item is usually (but not necessarily) placed preceding the item on “adjournment” and it may include reading of communications received; forthcoming programs or result of programs already undertaken; or anything of general interest to the members.

Report of Officers – this item pertains to the reports usually required by the organization from its officers including, but not limited to, the report of the treasurer, auditor, president and other officers of the organization.

Other Optional Items that may be included in the Order of Business especially that of Non-

legislative bodies:

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Special Order – this item pertains to matters that are postponed to the next meeting with specific time for its consideration. When that time comes all the other matters being discussed shall be set aside, or laid on the table and shall give way for those matters previously agreed upon to be taken up on that particular time, as a special order.

General Orders – this item pertains to matters that are postponed for consideration on succeeding meetings, either with or without the specified time, and when that particular meeting is held these matters may be brought up provided that there is no other business pending. In contract, special orders can be taken up on the specific time set for it even if there is another business pending discussion on that particular time.

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FORMAT OF CALENDAR OF BUSINESS AND AGENDA

(non-legislative body)

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A. UNFINISHED BUSINESS1) Proposed resolution RESOLVED,

that a special Committee be createdto prepare the draft of the organizations’New Constitution and By-Laws.

B. BUSINESS FOR THE DAY1) (list down the main agenda: purpose

of the meeting or topics for discussion/decision of the body.)

C. NEW BUSINESS(this period is reserved for theintroduction of topics for the discussion but not included in the notice ofmeeting, etc.)

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Official actions which are of temporary character shall be passed in the form of resolutions, matters relating to proprietary functions and to private concerns shall also be noted upon by resolutions.

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Essential Parts of Resolutions. –

Proposed resolutions shall be in writing and shall contain:

1. An assigned number;

2. A title or caption;

3. Name of the author;

4. The justifications (whereas/es);

5. Concluding clauses;

6. Name/s and address of addressee/s;

7. Name of movant and seconder/s

8. Date of passage;

9. Certification of the secretary; and

10. Attestation/Approval of the Presiding Officer

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Republic of the Philippines

Province of Agusan del Sur

Gov. D. O. Plaza Government Center

Patin-ay, Prosperidad

TWELFTH SANGGUNIANG PANLALAWIGAN – (Name of the Org.)

Introduced by: HON. SBCANE, JR. – (name of the author)

RESOLUTION NO. 1118-2012 – (Resolution number)

(Title/Caption of the Resolution)

A RESOLUTION RECOMMENDING THE ESTABLISHMENT OF THE 15TH

REGIONAL COMMUNITY DEFENSE GROUP (15RCDG) HEADQUARTERS

WITHIN THE 10-HECTARE CAMP D.O. PLAZA, LOCATED WITHIN THE

GOVERNMENT CENTER, PATIN-AY, PROSPERIDAD, AGUSAN DEL SUR AND

FOR OTHER PURPOSES

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(The body/justifications)

WHEREAS, the Army Reserve Command (ARESCOM), intends to establish a

Regional Community Defense Group (RCDG) Headquarters in the Caraga Region XIII to

be known as the 15th Regional Community Defense Group (15th RCDG);

WHEREAS, Headquarters, Army Reserve Command under Brigadier General

LUINI C MIRAR AFP, intends to activate the 15th Regional Community Defense Group

for Caraga Region XIII, to be established in the province of Agusan del Sur;

WHEREAS, the mission of the 15th Regional Community Defense Group

(15RCDG), is to develop, organize, train, equip and administer the reservists and train

ROTC cadets in all activated and affiliated ROTC units in the 5 provinces, 6 cities, and all

component municipal Local Government Units of Caraga Region;

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(The body/justifications contd.)

WHEREAS, the province of Agusan del Sur has donated Ten (10)

hectares of land located within the provincial government Center in favor of the

Philippine Army of the Republic of the Philippines, for purposes of establishing

a Home Defense Center (HDC) now known as Community Defense Center

(CDC), by virtue of Sangguniang Panlalawigan Resolution No. 79-43, and a

perfected deed of donation signed by and between then Provincial Governor

Valentina G. Plaza on behalf of the Province of Agusan del Sur (donor) and

Secretary of Defense Juan Ponce Enrile on behalf of the Philippine Army,

represented by then Major Roberto C. Morada, HDC Commander (donee);

WHEREAS, the Army Reserve Command may utilize the above-stated

donated land as the site of the soon-to-be established Headquarters of the 15th

RCDG, as the Philippine Army practically owns the 10-hectare property located

within the provincial government center.

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(Concluding clauses/addressees)

NOW, THEREFORE, RESOLVED, AS IT IS HEREBY RESOLVED, TO

RECOMMEND AS THE SANGGUNIANG PANLALAWIGAN HEREBY

RECOMMENDS THE ESTABLISHMENT OF THE 15TH REGIONAL

COMMUNITY DEFENSE GROUP (15RCDG) HEADQUARTERS WITHIN THE

10-HECTARE CAMP D.O. PLAZA, LOCATED WITHIN THE GOVERNMENT

CENTER, PATIN-AY, PROSPERIDAD, AGUSAN DEL SUR.

RESOLVED, further, to furnish copies of this resolution to the Commanding

General, Philippine Army, Fort Bonifacio, Metro Manila, the Commanding General,

Army Reserve Command, General Trias, Cavite, and all concerned for their

information and appropriate action.

RESOLVED, furthermore, that this resolution shall serve as the basis and

authority of the ARESCOM to utilize the donated ten-hectare area within the

government center for the purposes identified in the Deed of Donation;

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RESOLVED, finally, that should there be violations of the terms and conditions

of the Deed of Donation committed by the donee, the donated lot shall be reverted

back to the provincial government of Agusan del Sur.

Unanimously approved upon motion of the Honorable Cane. (Movant)

I hereby certify to the correctness of the foregoing Resolution which was passed

by the Sangguniang Panlalawigan during its 88th regular session held at the session

hall on February 2, 2012. (date of passage)

(SGD.)

BAUDILLA A. RETUERTO, MPA

Secretary to the Sanggunian

ATTESTED BY:

(SGD.)

FERDINAND E. MARCOS

Presiding Officer

APPROVED BY:

(SGD.)

ADOLPH EDWARD G. PLAZA

Provincial Governor

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Now that you are trained…

It is expected that all your meetings will already be fast, orderly, efficient and effective.

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1. Call to Order

2. Invocation

3. National Anthem

4. Roll Call

5. Agenda

If the ADSCO school administration asked the SSC, which construction do you prefer, GYMNASIUM or CLASSROOM?

Adjournment