Thursday, October 06, 2005

Dagupan City Sanggunian House Rules

Republika Ng Pilipinas
Lungsod ng Dagupan
TANGGAPAN NG SANGGUNIANG PANLUNGSOD


RESOLUTION NO. 5138-2005

ADOPTING A COMPREHENSIVE SET OF INTERNAL RULES OF PROCEDURE FOR THE SANGGUNIANG PANLUNGSOD OF THE CITY OF DAGUPAN


RULE I
THE MEMBERS

Section 1. MEMBERSHIP - The members of the Sangguniang Panlungsod, hereinafter referred to as the Sanggunian, shall be the Vice Mayor, the ten (10) elected City Councilors, the President of the Liga Ng Mga Barangay, and the President of the Pederasyon ng mga Sangguniang Kabataan.

Section 2. TERM OF OFFICE - The terms of office of the Members shall commence on the day and in the manner provided for by law, and shall hold the same until their successors shall have been duly chosen and qualified.

Section 3. OATH OF OFFICE - The Members of the Sangguniang Panlungsod shall take their oath or affirmation collectively or individually, before they enter into the discharge of their duties.

Section 4. ATTENDANCE IN SESSION - Every Member shall be present in all the sessions of the Sanggunian unless expressly excused by it or necessarily prevented from doing so by sickness or other unavoidable circumstances duly reported to the Sanggunian, through the Presiding Officer or the Secretary.

Section 5. THE PRESIDING OFFICER - The Vice Mayor shall be the Presiding Officer of the Sanggunian.

The City Mayor may, at the beginning of each annual regular session of the Sanggunian, and from time to time thereafter, present the program of government and recommend for the consideration of the Sanggunian such measures as he may deem necessary and proper.

Section 6. POWERS AND DUTIES - The powers and duties of the Presiding Officer shall be:

a.) To preside over the Sanggunian whether regular or special, whether physically present or via cyber communications, provided that in the latter, he must be:

1. Within the territorial jurisdiction of the Republic of the Philippines;
2. He has given due notice to the Sangguniang Panlungsod members prior to the session of his inability to attend said sessions; and
3. That this inability to be physically present is justified which shall be determined by the members present constituting a quorum.

b.) To preserve order and decorum during the session and, in case of disturbance or disorderly conduct in the session hall or within the premises, take measures as he may deem advisable or as the Sanggunian may direct;

c.) To decide all Questions or order, subject to appeal by any Sanggunian Member in accordance with these Rules;

d.) To sign within ten (10) days from their adoption or enactment, acts, ordinances, and resolutions;

e.) To 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 the said Questions;

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

g.) To exercise such other powers and perform such other functions as may be provided by law, ordinance or regulation.

The regular Presiding Officer shall not be a chairman or member of any standing committee. He may, however, be elected as Chairman of any special or ad hoc committee which the Sanggunian may organize for specific purposes.

Section 7. RIGHT TO VOTE - The Presiding Officer as such shall vote only to break a tie.


RULE II
OTHER OFFICERS, THEIR POWERS AND DUTIES

Section 8. The Sanggunian Members shall elect from among themselves the following other officers:

a) PRESIDING OFFICER PRO TEMPORE - It shall be the duty of the Presiding Officer Pro Tempore, who shall be elected by the Sanggunian members belonging to the majority party, to preside at sessions of the Sanggunian in the absence of the Vice Mayor and to perform such other duties as ordinarily pertain to his office.

b.) TEMPORARY PRESIDING OFFICER - In the event of the absence of the Vice Mayor and Presiding Officer Pro Tempore or their inability to preside at the Sanggunian session, the members present and constituting a Quorum shall elect from among themselves a temporary Presiding Officer.

Even when presiding, the Presiding Officer Pro Tempore and the temporary presiding officer may vote if they so desire.

c.) MAJORITY FLOOR LEADER - The Majority Floor Leader, who shall be elected by the Sanggunian members belonging to the Majority party, generally steers floor deliberations and debate. The elected Majority Floor Leader shall be the Chairman of the Committee on Rules and Procedures.

d.) ASST. MAJORITY FLOOR LEADER - The Asst. Majority Floor Leader, who shall likewise be elected by the Sanggunian members belonging to the majority party, shall temporarily exercise the powers and functions of the Majority Floor Leader when the latter is absent or unable to perform his duties. The elected Asst. Majority Floor Leader shall be the Vice Chairman of the Committee on Rules and Procedures.

e.) MINORITY FLOOR LEADER - The Minority Floor Leader shall be elected by the Sanggunian members belonging to the minority party.

f.) ASST. MINORITY FLOOR LEADER - The Asst. Minority Floor Leader shall likewise be elected by the Sanggunian members belonging to the minority party.

Section 9. The Sanggunian may, when expediency so demands, create positions for other officers as it may deem proper.


RULE III
THE SECRETARY


Section 10. APPOINTMENT - The Sanggunian shall have a Secretary who shall be appointed by the City Vice Mayor, with the concurrence of the Sangguniang Panlungsod members, in accordance with Civil Service Law, rules, and regulations, whose compensation, allowances, and other emoluments shall be provided by law or ordinance.

Section 11. POWERS AND DUTIES - The powers and duties of the Secretary shall be:

a.) To attend meetings of the Sanggunian and keep a journal of its proceedings;

b.) To call the roll of members and, by himself or through an assistant designated by him, read the calendar of business and the minutes of the preceding session, proposed ordinances and resolutions, messages, communications, memorials, petitions and other documents which he should report to the body or when required by the Sanggunian or ordered by the Presiding Officer;

c.) To keep the seal of the City of Dagupan 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;

d.) To record and number in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sanggunian, with the dates of the passage and publication thereof;

e.) To forward to the City Vice Mayor copies of ordinances and resolutions enacted or adopted by the Sanggunian and duly certified by the Presiding Officer within TEN (10) days after their enactment or adoption. If, after the period of ten (10) days, an ordinance or resolution is not signed by the Presiding Officer, the Secretary shall forward the same to the City Mayor for appropriate action: It shall be the duty of the Secretary likewise to follow up every ordinance or resolution forwarded to the City Mayor, requiring his approval, endorsement to other entities, agencies, or persons, or any appropriate action for that matter;

f.) To notify the officers and committees of their appointment or creation;

g.) To transmit to the proper committees all matters referred to them by the Sanggunian;

h.) To send out appropriate notices of all committee meetings and public hearings;

i.) To furnish each member of the Sanggunian with a copy of every approved ordinance, resolution, or any other official act of the Sanggunian which they are entitled to receive;

j.) To furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the City Treasurer of such fees as prescribed by ordinance;

k.) To keep his office and all non-confidential records therein open to the public during the usual business hours;

l.) To carry out or enforce orders and decisions of the Sanggunian when such duties devolve upon him;

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

Section 12. SUPERVISORY POWER - Subject to the supervision and control of the Sanggunian, the Secretary shall be the immediate chief of the personnel of the Sanggunian and shall be responsible for the faithful and proper performance of their official duties.


RULE IV
COMMITTEES


Section 13. COMMITEE DEFINED - A committee constitutes one or more persons appointed, designated or elected by the Sanggunian to consider, investigate or take on matters or subjects referred to it.

Section 14. STANDING COMMITEES - The Sanggunian shall elect the Chairman, and the Vice- Chairman of the herein below enumerated standing committees.

The general jurisdiction of the following standing committees shall be as hereinafter stated:

a.) RULES AND PROCEDURES. - All matters relating to the order and decorum of the Sanggunian as outlined by these Rules, to the order and Calendar of Business. This Committee shall have the following duties:

(1) To approve matters for inclusion in the agenda. However, any proposed measure or matter not included in the agenda shall be calendared upon motion of the majority of the members of the Sanggunian.

(2) To move for approval of any item in the agenda or for reference thereof to the corresponding committee, such motion to this effect requiring no second. However, if the motion is objected to, the same yields to a motion duly seconded by any member of the Sanggunian.

b.) LAWS, ORDINANCES, AND JUDICIARY. - All matters relating to proposed ordinances, to proposals or measures involving the legality of lease and donations of public lots; naming or renaming of streets and public places, legal orders from the Courts and existing city ordinances; all matters relating to the upkeep of the courts in the city, as well as matters relating to the administration of justice in general.

c.) PUBLIC WORKS AND INFRASTRUCTURE. - All matters relating to planning, construction, maintenance, improvement and repair of public buildings, highways bridges, roads, shrines, monuments and other public edifices; drainage, sewerage, flood control and protection, irrigation, water utilities, land, sea, and air transportation; the communication services; building permits, amendments to zonification and other public improvement projects;

d.) EDUCATION. - All matters relating to city schools, 1ibraries and museums, their operation and maintenance, tuition fees, school projects, including the name or renaming of school buildings; non-formal and community adult education; scientific and technological research, development and advance; moral and religious formation of the communities.

e.) PEACE AND ORDER. - All matters relating to police work and fire protection; maintenance or peace and order and security, and prevention of fires and fire hazards, implementation of all traffic rules and regulations, detention and rehabilitation of offenders, juvenile problems and all matters involving public safety, civil defense, liaison with the Philippine National Police, National Bureau of Investigation, and other related national government agencies; organization and maintenance of barangay security forces, implementation of national laws and issuances and enforcement of local ordinances.

f.) MARKETS AND SLAUGHTERHOUSE. - All matters relating to the public markets and slaughterhouse, their operation and maintenance and other allied projects.

g.) GOOD GOVERNMENT, PUBLIC ETHICS AND ACCOUNTABILITY. - All matters relating to investigation of charges of misfeasance, malfeasance and non-feasance against city officials and employees, as well as violations of the Anti-graft and Corrupt Practices Act and also the Code of Conduct and Ethical Standards; and the conduct, rights, privileges, safety, dignity, integrity, and reputation of the Sanggunian and its members.

h.) SOCIAL WELFARE AND COMMUNITY DEVELOPMENT. - All matters relating to human settlements, housing, labor and employment, socio-economic planning and development, and the general welfare of city residents.

i.) ENVIRONMENT AND NATURAL RESOURCES. - All matters relating to the preservation of the quality of environment and natural resources, including the collection and disposal of garbage; the control of pollution, and the enactment of measures to safeguard the sea and river system, flora and fauna.

j.) WOMEN, CHILDREN AND FAMILY. - All matters relating to women and children, particularly their status, rights, privileges, and responsibilities to their respective families, the government, and community; all matters embracing family relations and laws strengthening family ties, welfare and protection.

k.) YOUTH AND SPORTS DEVELOPMENT. - All matters relating to youth development and the promotion of the youth's moral, physical, intellectual and social well being and the development of sports and sportsmanship in the community. The President of the Pederasyon ng mga Sangguniang Kabataan shall be the chairman of this committee.

l.) TOURISM AND CULTURAL DEVELOPMENT. - All matters relating to the guidance and management of tourists as a government function, including the provision of itineraries and accommodations, and economic activities associated with and dependent on tourists; all matters relating to art, history, and culture.

m.) HUMAN RIGHTS AND PUBIC INFORMATION. - All matters relating to the basic rights of a person, including his or her protection against infringements and transgressions of his or her constitutional and legal rights. All matters relating to the communication of information about official acts, projects and affairs of the Sanggunian to the general public.

n.) FINANCE, APPROPRIATION, WAYS AND MEANS. - All matters relating to funds for the expenditures of the City Government, for the payment of public indebtedness, claims against the government, appropriations and adjustment of funds, and, in general, all monetary and fiscal matters, all matters relating to revenue, taxes, licenses and fees, liens, study and revision of tax measures, and other sources and forms of revenue.

o.) BARANGAY AFFAIRS. - All matters relating to socio-economic planning, programming and development of the different barangays. The President of the Liga ng mga Barangay shall be the chairman of this committee.

p.) WATERWORKS AND PUBLIC UTILITIES. - All matters relating to water supply and distribution, public utilities, such as electric power, telecommunications, public transport, and the like.

q.) TRADE AND INDUSTRY - All matters relating to trade and commerce in general; organization and supervision of handicrafts and cottage industries; exploration, development, and utilization of natural resources; standards, weights and measures; consumer protection; control of prices of commodities.

r.) LAND UTILIZATION. - All matters relating to the processing and approval of subdivision plans for residential, commercial or industrial purposes and other development purposes. Also includes those matters relating to zoning and land use plan of the city.

s.) COOPERATIVES. - All matters relating to cooperatives and the implementation of the Cooperative Code of the Philippines.

t.) LOCAL AND INTERNATIONAL AFFAIRS. - All matters relating to local and international affairs of the city.

u.) URBAN POOR. - All matters pertaining to rights of the underprivileged inclusive of social, moral, physical, economic and other related matters pertaining to the general welfare of the urban poor.

v.) HEALTH AND SANITATION. - All matters relating to the health, medical and dental care of city residents; proposals or measures on health centers, hospitals, clinics, cemeteries and other health-related measures, including public health, hygiene, and quarantine services.

Section 15. MEMBERSHIP, OFFICERS, ELECTION. - Each standing committee shall have a chairman and vice chairman, who shall be elected by a majority vote of all members present.

The chairman and vice chairman shall continue to function as such unless sooner replaced on the basis of a majority vote of all members of the Sanggunian.

A vacancy in any committee shall be filled by a majority vote of all members of the Sanggunian.

The Majority Floor Leader and the Minority Floor Leader shall be ex-officio members of all standing committees.

In no case shall the Majority Floor Leader and the Minority Floor Leader have any voting rights in all the standing committees.

Section 16. SPECIAL COMMITTEES. - The Sanggunian may, from time to time as the need therefore arises, create special committees and determine their membership and general jurisdiction. Such committees shall cease to exist as soon as the Sanggunian shall have received their reports. They shall be independent of other committees, but are subject to the same rules governing standing committees.

Section 17. LIMITATIONS. - No Sanggunian member shall be a chairman of more than three (3), a vice chairman of more than six (6), nor a member of more than ten (10) standing committees.

The Vice Mayor and the Presiding Officer shall not be a member of any standing committee but may be designated by the Sanggunian as chairman of an ad hoc committee created for a special purpose.

No member of any committees shall act upon or participate in a matter regarding which such member has a special, direct, and substantial privilege or interest.

Section 18. COMMITTEE PROCEDURE. - Each committee shall function as follows:

a.) The Chairman shall, from time to time, convene his committee to a meeting: PROVIDED, HOWEVER, that if the Chairman shall neglect or decline to convene such meeting, the committee may nevertheless meet two days after the receipt by the Chairman of the committee concerned of a written petition by the majority of the members thereof with a copy of such petition furnished the Presiding Officer, the Vice Mayor. A majority of the members of a committee shall constitute a quorum to do business. .

b.) Any person shall have the right to appear at committee meetings and, after due recognition by the committee presiding officer, the former may present his or her view on the matter before it.

c.) During the final deliberations, no person shall be present except the committee members and such employees of the Sanggunian as are necessary to facilitate the performance of its functions.

d.) All questions before the committee shall be put to a vote unless otherwise previously agreed upon.

e.) After final deliberation and voting, the Committee shall prepare, for submission to the Sanggunian, a report to be signed by the Chairman and members thereof. Any member dissenting from the report shall submit, in writing, his reason or reasons therefore; otherwise, he shall be precluded from opposing the report on the floor; PROVIDED, HOWEVER, that, if by reasons of urgency, a verbal report is submitted by a chairman of a committee concerned, said verbal report shall be considered the report to the Committee unless objected to by at least two (2) members of the Committee.

Section 19. REPORT, DISCHARGES OF COMMITTEES. - Each standing committee concerned shall submit a copy of its report or proposed ordinance/resolution to the Committee on Rules and Procedures, which calendar the same for second reading.

Committee chairmen are given a minimum of fifteen (15) working days within which to submit their committee report after holding their committee/public hearing. If not possible due to the lack of time to finish the task, there shall be an extension of another thirty (30) working days to submit a final recommendation.

In case of failure of a committee concerned to submit such report, the Sanggunian may, by a majority affirmative vote, discharge the committee, after which the matter concerned, through the same motion, may be assigned to another committee or be submitted to the body for disposition; otherwise, said matter shall be considered as being laid on the table.

RULE V
SESSION AND QUORUM


Section 20. DEFINITION

a.) SESSION - a session is a meeting which, although lasting for several hours, is considered one meeting. The Sanggunian shall hold one regular session each week for transacting business and also such number of special sessions as may be necessary and called in accordance with law.

b.) VENUE - the regular session shall be held at the Sangguniang Panlungsod Building. When public interest requires, the venue of the session may be transferred to a barangay at a place designated by any affirmative vote of a majority of the Members present, there being a Quorum.

Section 21. SPECIAL SESSION - Special sessions may be called as often as necessary, when public interest demands, by the City Mayor or by a majority of the members of the Sanggunian. A written notice to the Sanggunian members stating the date, time and purpose of the special session shall be served personally or left with a member of his household at his usual place of residence at least twenty four (24) hours before the special session is held. 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 22. COMMENCEMENT OF THE SESSION - Unless the Sanggunian so orders, the regular session shall be held every Monday (except when it falls on a public holiday), starting at 2:00 o'clock in the afternoon.

Section 23. CALL TO ORDER - The Presiding Officer shall open the session by calling the Sanggunian to order motu propio, to be followed immediately by an opening prayer delivered by any Sangguniang Panlungsod member and then the national anthem.

Section 24. ROLL CALL - Upon every roll call, the names of the members shall be called according to the order of their election or alphabetically by surnames, except when two or more have the same surname, in which case the full name shall be called.

Section 25. QUORUM DEFINED - A quorum is such number of Members of the Sanggunian present in order to transact official business, which shall be ONE HALF (1/2) plus one of the members constituting the said body. Provided, however, that the Presiding Officer presiding via cyber communication shall not be included in the determination of the quorum.

Section 26. ABSENCE OF QUORUM - Whenever the question of quorum is raised by any member during the session, the Presiding Officer shall immediately order a roll call and announce with the result thereof.

In the absence of a quorum, during the first roll call, the Presiding Officer shall declare a recess for five (5) minutes, until such time that a quorum shall have been constituted. After the lapse of five (5) minutes, and still there is no quorum, the Presiding Officer shall again declare a five-minute recess until such time that a quorum shall have been constituted. If, after the lapse of fifteen (15) minutes from the second recess a quorum is not mustered, the Presiding Officer shall immediately adjourn the session. The City Secretary is directed to submit a report of the attendance of the Members of the Sanggunian to the media in the city for the information of the public.

Section 27. SUSPENSION AND ADJOURNMENT OF SESSION - No session shall be suspended or adjourned except when so directed by the Sanggunian, but the Presiding Officer may, in his discretion, declare a recess in short intervals or suspend or adjourn the session in case of emergency or when the same becomes unruly or uncontrollable.

Section 28. OPENING AND ADJOURNMENT ENTERED IN THE MINUTES - The exact hour of the opening and adjournment of a session shall be entered in the minutes of the Sanggunian.

Section 29. OPEN TO PUBLIC - Sanggunian sessions or meetings of any Committee thereof shall be open to the public unless a closed session is decided or ordered by an affirmative vote of a majority of the Members present, there being a quorum, in the public interest or for reasons of security, decency or morality, or for reasons affecting the dignity of the Sanggunian or any of its members, or when confidential matters are being considered.

On a motion to hold a closed session duly approved, the Presiding Officer shall direct the session hall cleared and doors closed.

Only the Secretary and such other persons as are specifically authorized by the Sanggunian shall be admitted to the closed sessions. They shall preserve the secrecy of whatever may be read or said at the session.


RULE VI
ORDER AND CALENDAR OF BUSINESS


Section 30. ORDER OF BUSINESS. - The order of business in the Sanggunian shall be as follows:

a.) Call to Order
b.) Opening Prayer
c.) The National Anthem
d.) Roll Call of Members
e.) Reading and Approval of the Minutes of the previous session
f.) Privilege Time - The Privilege Time may be availed of by any member of the Sanggunian to discuss matters of significant import to the Sanggunian and/or the city in general. Such member shall make prior reservation with the Majority Floor Leader, who shall then present the corresponding action for the Presiding Officer to recognize the member, who is given a maximum of TEN (10) minutes to speak during the Privilege Time. The period of interpellation shall not be counted against the time of such member.
g.) Unfinished Business
h.) Business for the Day

1.) First Reading - referral to corresponding committees of proposed ordinances, resolutions, petitions, memorials, endorsements, motions, and other communications.
2.) Second Reading - approval of reports rendered by the different committees and deliberations on proposed ordinances and resolutions, including amendments thereto.
3.) Third Reading - reading of the title of the proposed ordinances or resolutions and voting for the approval or disapproval of the said proposed ordinances or resolutions.

i.) Other Matters
j.) Informative
k.) Adjournment

Section 31. CONTENTS OF CALENDAR - The Calendar of business shall contain a brief description of every item of business to be taken up during the session, indicating the sources, in the case of communications, endorsements, petitions, memorials, and memoranda; the name of author or authors, in the case of motions, resolutions and ordinances; and the committees to which they shall be referred.

The matters that may be taken up in the session of the Sanggunian shall be limited only to those listed in the calendar of business or agenda, and each shall be taken up in the order in which it is set. PROVIDED, HOWEVER, that on a motion to suspend the rules, items of business may be taken away from their fixed order and considered forthwith by the body.


RULE VII
PROCEDURE FOR ORDINANCES, RESOLUTIONS AND OTHER LEGISLATIVE MATTERS


Section 32. ORDINANCES, RESOLUTIONS - Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are ministerial or administrative in nature and temporary in character shall be passed in the form of resolutions.

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.

Section 33. SOURCES AND TRANSMITTAL - Every proposed ordinance and resolution presented for consideration shall be signed by the author/authors and shall be filed with the Secretary who shall transmit the same to the Chairman, Committee on Rules and Procedures, for inclusion in the agenda. All communications and other matters endorsed by the Mayor to the Sanggunian, as well as petitions received from city residents, shall likewise be transmitted by the Secretary to the said Committee Chairperson for the same purpose.

Section 34. ORDINANCES, RESOLUTIONS: PROCEDURE - Before an ordinance or resolution may be finally enacted or adopted, the following procedure shall be observed:

a.) FIRST READING - which shall consist of the reading of the title of the proposed ordinance or resolution calendared for the first time, after which it shall be referred to appropriate committee or committees without debate for comment and recommendation; provided, however that, on motion duly seconded, there being no objections, the Sanggunian, upon being convinced of the urgency of any measure, may order its immediate inclusion in the agenda for discussion and resolution, if the exigencies require.

b.) COMMITTEE REPORT - The corresponding Committee shall submit a report of the proposed ordinance or resolution within THIRTY (30) days after it has been referred to it.

If the Committee Report on a proposed ordinance or resolution is favorable, it shall be included in the Calendar of business.

If the Committee Report on a proposed ordinance or resolution is unfavorable, it shall be laid on the table and within TEN (10) days notice of the action taken, will be furnished the author or authors concerned, stating the reason or reasons for such action; PROVIDED, HOWEVER, that within FIVE (5) days after receipt of the notice, the Sanggunian may reconsider the Committee recommendation.

Any legislative matter duly certified by the Mayor as urgent, whether or not it is included in the Calendar of Business, may be presented to be considered by the Sanggunian in the same session without need of suspending the Rules.

The Sanggunian, likewise, may, on motion made by the Chairman of the committee concerned, consider a proposed ordinance or resolution as urgent and consideration thereof shall be scheduled.

c.) SECOND READING - at which stage the proposed ordinance or resolution, after having been sponsored by the proper committee or certified as urgent by the City Mayor, shall be read in full unless copies thereof have been furnished the Members of the Sanggunian beforehand, whereupon the measure shall be subject, first, to debate and then to amendments and all proper parliamentary motions.

d.) THIRD READING - at which stage no debate or amendments shall be allowed, but the title of the proposed ordinance or resolution shall be read and the Question upon its passage be immediately voted.

No ordinance shall be approved unless it has passed three (3) readings and copies thereof in its final form have been distributed to the Members at least three (3) days before its passage, except when the City Mayor or the Sanggunian certifies to the necessity of its immediate enactment. Upon the third reading of a proposed ordinance or resolution, no amendment thereto shall be allowed and the vote thereon shall be taken immediately thereafter and the ayes and nays entered in the Minutes.

A resolution shall be adopted in the manner prescribed for an ordinance, except that it need not go through a separate Third Reading for its final consideration, unless decided otherwise by a majority of all the Sanggunian members; PROVIDED, however, that if the Sanggunian certifies to the urgency of the said resolution, the same shall be calendared for immediate consideration.

Section 35. VERBAL MOTION - Motions may be presented orally and considered according to the Rules prescribed for ordinances and resolutions; provided that such shall be considered urgent and substantive in character. An urgent motion presented orally, shall, if approved, be written out by the Secretary as in a resolution.

Section 36. VOTES REQUIRED - The affirmative vote of a majority of all the Sanggunian members shall be necessary for the passage of any ordinance or any resolution or motion directing the payment of money or creating liability, but any other measure shall prevail upon the majority votes of the members present, there being a quorum.

Section 37. SPECIAL PROVISION ON THE BUDGET ORDINANCE - The Sanggunian shall, in no case, increase the appropriation of any project or program of any office of the city over the amount submitted by the City Mayor in his budget proposal.

After the City Mayor shall have submitted the annual general appropriation measure, supplemental appropriation measures shall be considered only if supported by actual available funds as certified to by the City Treasurer or by funds to be supported by corresponding revenue proposals included therein.

Section 38. PROCEDURE ON VETOED ORDINANCE, RESOLUTION - Each ordinance and each resolution or motion directing the payment of money or creating liability enacted or adopted by the Sanggunian shall be forwarded to the Mayor for his approval. Within ten (10) days from the receipt of the ordinance, resolution, or motion, the Mayor shall return it with his approval or veto. If he does not return it within that time, it shall be deemed approved. If he returns it, his reason therefor in writing shall accompany it.

The Mayor shall have the power to veto any particular item or items of an appropriation or of ordinance, resolution or motion directing the payment of money or creating liability, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner provided hereunder. Should an item or items in an appropriation ordinance be disapproved by the Mayor, the corresponding item or items in the appropriation ordinance of the previous year shall be deemed re-enacted.

The Sanggunian may override the veto of the City Mayor by two-thirds (2/3) vote of all the Members thereby making the ordinance or resolution re-enacted.

The City Mayor may veto an ordinance or resolution only once.

Section 39. EFFECTIVITY OF ENACMENT - Unless otherwise stated in the resolution, the same shall take effect after the lapse of TEN (10) days from the date a copy thereof is posted on a bulletin board at the entrance of the city hall and in at least two other conspicuous places in the city, unless otherwise stated in said resolution, or vetoed by the City Mayor.

Unless otherwise stated in the ordinance, the same shall take effect after the lapse of TEN (10) days from the date a copy thereof is posted on a bulletin board at the entrance of the city hall and in at least two other conspicuous place in the city, unless otherwise stated in said ordinance, or vetoed by the City Mayor.

In addition to being posted, the duly enacted ordinance shall be published once in a local newspaper of general circulation within the city, and shall be effective after the lapse of the period stated in the preceding paragraph.

Not later than FIVE (5) days after the passage of an ordinance or resolution, the City Secretary shall cause its posting in English and shall record such fact in a book kept for the purpose stating the date of approval and posting thereof.


RULE VIII
THE MINUTES


Section 40. MINUTES - The Sanggunian shall keep the minutes of its proceedings which comprise a succinct and exact account of the business transacted and the action taken thereon. The minutes must clearly show the following: nature of the session, whether regular or special, and, if special, a copy of the call of such session; date, time, and place of the session; names of members present and absent; whether the minutes of the previous session were read and approved, citing corrections, if any; every resolution and ordinance, in full; if a resolution or ordinance was not approved unanimously, a brief statement of the minority opinion; nominal voting; all main motions, except those withdrawn; points of order and appeals, whether sustained or lost; veto message of the Mayor, in full; and the time of adjournment.

Section 41. ORIGINAL COPY - The original copy of the minutes shall be signed by the Members of the Sanggunian present at the meeting showing those who voted for and those who voted against its approval. Each copy of the minutes must be signed by the City Secretary, Presiding Officer and participating members of the body. It shall be entered in a good well-bound record book and corresponding dates of approval or disapproval stated therein. .

Section 42. READING AND APPROVAL - The minutes of every meeting shall be read and approved by a majority of the member at the meeting at which they are needed and, if necessary, corrected by the same vote or general consent. The reading of the minutes shall not be interrupted, suspended, or dispensed with, except by unanimous consent of the body.


RULE IX
DECORUM AND DEBATE


Section 43. MANNER OF ADDRESSING THE CHAIR - When a member desires to speak, he shall rise and respectfully address the chair "Mr. Presiding Officer” or "Mr. Chairman."

Section 44. RECOGNITION OF MEMBER TO SPEAK - When two or more members rise at the same time, the Presiding Officer shall determine and recognize the member who is to speak first.

Section 45. TIME LIMIT FOR SPEECHES - No member shall be allotted more than TEN (10) minutes in a debate on any question or speak for more than once during a privileged speech on any question without leave of the Sanggunian, except as hereinafter provided. The period of interpellation shall be counted against the time of the member speaking.

No member, however, shall be allotted more than TEN (10) minutes for his privileged speech. The period of interpellation shall not be counted against the member speaking.

Each member shall be allotted two (2) minutes to interpellate the speaker, which time cannot be waived in favor of another.

Section 46. SPONSOR TO OPEN AND CLOSE DEBATE - The member reporting a measure under consideration from a committee may open and close a debate thereon. If the debate should extend beyond one session day, he or she shall be entitled to an additional TEN (10) minutes to close.

Section 47. CLOSURE OF DEBATE - In the discussion of any measure, a motion to close the debate shall be in order after two speeches for and one against, or after a speech has been given and none entered against it.

When several members have registered or signified their intention to speak on the matter under consideration and when said matter has been sufficiently and thoroughly discussed by the Member speaking, the Presiding Officer motu propio, or upon motion of a member, shall order that a member having the floor shall desist from speaking further, so that other members may not be deprived of the opportunity to speak.

Section 48. FIVE-MINUTE RULE - After the close of debate, the Sanggunian shall proceed to the consideration of proper amendments. A member who desires to speak for or against an amendment shall have only FIVE (5) minutes to do so.

The five-minute rule shall apply likewise to the consideration of an amendment or an amendment by substitution.

Section 49. DECORUM DURING DEBATE - In all cases, the member who has obtained the floor shall confine himself to the question under debate, thereby avoiding personalities. He shall refrain from uttering words or performing acts which are inconsistent with decorum.

If 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 and read aloud. The member who uttered such words shall not be held to answer, nor be subjected to censure by the Sanggunian if further debate or other business has intervened.

Section 50. ATTIRE DURING SESSION - During the session, the members shall be in proper attire and observe proper decorum. Proper attire shall be:

Men – barong, coat/shirt with tie or suit; and
Ladies – elegant/formal dress, slacks or skirts but no jeans and rubber shoes.

While the Sanggunian is in session, no member shall walk out or litter around the session hall. He or she could only do so after his motion to be excused has been granted by the Presiding Officer.


RULE X
VOTING


Section 51. MANNER OF VOTING - The Presiding Officer shall rise to put a question to a vote, and shall do it in this manner: "As many as in favor (as the question may be), say 'Aye'."

And after the affirmative vote is expressed and division is called for, the Sanggunian shall divide. Those in favor shall first rise, to be followed by those in the negative.

Section 52. NOMINAL VOTING - When voting nominally, the Secretary shall call the roll of the Members of the Sanggunian in alphabetical order or otherwise, and as each name is called, each member may announce his vote, by saying yes or no, as the case may be, or abstain, if not voting. A member may explain his vote for not more than five minutes.

When the Presiding Officer asks if there is any objection to a motion for the approval of any ordinance or resolution directing the payment of money or creating liability, and no one registers objection thereto, the Secretary shall enter in the record as voting affirmative the names of all the members present at the particular time, this having the effect of a nominal voting.

Section 53. NO INTERUPTION DURING THE VOTING EXCEPTION - Only a motion raising the question of quorum shall be entertained during the voting.

Section 54. A member may vote for himself for any position within the Sanggunian. He can also change his vote but only before the Presiding Officer announces the result of the voting; thereafter, a Member can change his vote only by unanimous consent.

A member who arrives late at the session shall be permitted to vote, provided that the result has not yet been announced by the Presiding Officer.

Section 55. RECONSIDERATION - When a report, motion, resolution, or proposed ordinance has been adopted or lost, only a member who voted with the prevailing side shall be entitled to present a motion for reconsideration when the matter is still within the control of the Sanggunian: PROVIDED, HOWEVER, that a member who voted with the minority may present a motion for reconsideration, if seconded by a Member from the prevailing side. Any member who abstained from voting shall have absolutely no right to ask for reconsideration. .


RULE XI
MOTIONS AND THEIR PROCEDURE


Section 56. PROCEDURE OF MOTION - When a question is under debate, motion shall be entertained except to adjourn, raise a question or privilege, declare a recess, lay on the table, and postpone to a certain day. Said motions shall have precedence in the foregoing order and shall be decided without debate.

No motion to postpone to a certain day, defer or postpone indefinitely, having failed to pass, shall again be allowed on the same day and at the same stage of the question.

Section 57. AMENDMENTS - When a motion or proposition is under reconsideration, a motion to amend that amendment shall be in order. It shall not be voted upon until the original motion or proposition is disposed of. Any of said amendments may be withdrawn before a decision is had thereon.

Section 58. RIDER PROHIBITED - No motion or proposition on a subject different from that under consideration shall be allowed under color of amendment. No motion shall cover more than one subject matter.

Section 59. MOTION TO STRIKE OUT AND INSERT - A motion to strike out and insert is indivisible. A motion to strike out being lost shall not preclude an amendment or a motion to strike out and insert.

Section 60. AMENDMENT OF TITLE - Amendments to the title of a proposed ordinance or resolution shall not be in order until after the text thereof has been perfected. Amendment to the title shall be designed without debate.

Section 61. CALL TO ORDER: PRECEDENCE - A motion to read any part of the Rules is equivalent to a call order and takes precedence over any motion other than to adjourn.

Section 62. MOTIONS: PRECEDENCE - The following motions, in the order of their precedence, together with other motions hereinafter specified, shall be used in doing business in the Sanggunian:

a.) FIX THE TIME IN WHICH TO ADJOURN - to provide a future time for the continuation of the meeting in progress.

b.) ADJOURN - to formally terminate the meeting in progress.

c.) TAKE A RECESS - to provide a brief intermission during the meeting.

d.) QUESTION OF PRIVILEGE - to secure immediate action upon a matter that involves comfort, convenience, rights or privileges of the Sanggunian or of any of its members.

e.) CALL FOR ORDER OF THE DAY - to bring before the body for consideration any business assigned for a particular time.

f.) LAY ON THE TABLE - to set a side a pending question or consideration at a later date but undetermined time.

g.) CALL FOR THE PREVIOUS QUESTION - to suppress discussion on a pending question and to bring it immediately to a vote.

h.) MODIFY THE LIMITS OF DEBATE - to remove a standing restriction to shorten or to permit more time for the discussion of a pending question.

i.) POSTPONE DEFINITELY - to defer the consideration of a Question to a definite time in the future.

j.) COMMIT - to refer to a committee for consideration and study.

k.) AMEND - to modify a Question to make it more acceptable to the body.

l.) POSTPONE INDEFINITELY - to defer indefinitely the consideration of a Question.

m.) MAIN MOTION - to bring before the body a substantive proposition for its consideration.

n.) TAKE FROM THE TABLE - to resume the consideration of a Question that has been previously laid on the table.

o.) RECONSIDER - to set aside the vote previously taken on Question and to reopen it to a new discussion and vote.

p.) RECONSIDER AND HAVE A QUESTION ENTERED ON THE MINUTES - to suspend a motion on a Question that has been decided by a temporary majority.

q.) RESCIND OR REPEAL - to render null and void a Question previously passed.

r.) EXPUNGE - to express strong disapproval of an action taken by the body and to have it rescinded.

s.) ADOPT A REPORT - to accept or agree to a report as an official act of the body.

SECTION 63. INCIDENTAL MOTION - The following incidental motions shall take precedence over the Question from which they arise.

a.) SUSPEND THE RULES - to allow the body to do something which is otherwise forbidden to do by the rules or previously adopted orders of the Sanggunian.

b.) WITHDRAW OR MODIFY A MOTION - to remove a Question for the consideration of the body or to modify the same.

c.) READ PAPERS - to allow a member to read a paper, document or books as part of his speech or remarks.

d.) OBJECT TO THE CONSIDERATION OF A QUESTION - to avoid the consideration of a Question which the body considers irrelevant, contentious, unprofitable, or generally objectionable.

e.) POINT OF INFORMATION - to be informed of any matter related to the pending Question or to the Sanggunian.

f.) POINT OF ORDER - to call attention to an error in the observance or enforcement of the rules of parliamentary procedure or those of the Sanggunian.

g.) PARLIAMENTARY INQUIRY - to request information on matters pertaining to parliamentary rules and procedures.

h.) APPEAL FROM THE DECISION OR RULING OF THE CHAIR - to ask the body to decide whether the ruling made by the Chair on a Question of orders should be upheld or overruled.

i.) DIVIDE THE HOUSE OR ASSEMBLY - to verify the votes taken on a Question or to secure a more accurate count of the vote.

j.) DIVIDE THE QUESTION - to divide long and complicated propositions into separate and distinct parts to facilitate their consideration.


RULE XII
QUESTION OF PRIVILEGE


Section 64. DEFINITION - Questions of privilege are:

a.) Those affecting the rights and privileges of the Sanggunian: its safety, dignity, and the integrity of its proceedings; and

b.) Those affecting the rights, reputation, and conduct of the Members, individually, in their capacity as such Members.

Section 65. PRECEDENCE - Questions or privilege shall have precedence over all other questions, except a motion to adjourn, to recess, and to fix the time in which to adjourn.

Section 66. PRIVILEGE QUESTIONS - Privilege questions are those motions or subject matters which, under the Rules, take precedence over other motions and subject matters. They shall include, besides questions of privilege, calls for the order of the day, privileged motion relation, adjournment.


RULE XIII
DISCIPLINE


Section 67. DISCIPLINE OF MEMBERS - Any member of the Sanggunian who shall fail to observe the Rules as prescribed herein shall be declared out of order and if he has the floor, may be compelled to return to his seat. In case of refusal to abide by the ruling of the Chair, the Sanggunian, upon motion of any member and duly seconded, may officially reprimand the erring member, which reprimand shall appear in the Minutes of the session of the Sanggunian. The same punishment may be imposed for dereliction of duty as when a Member refuses to attend the session after the quorum is questioned. This does not preclude the Sanggunian or the Presiding Officer from imposing whatever additional penalty it or he may deem proper to impose.

Section 67 (a). Any Member of the Sanggunian who shall fail to bring his/her lap-top computer during the regular or special session shall be fined Five Hundred Pesos (P500.00) deductible from his/her salary.

Section 68. DISORDERLY CONDUCT AND CONTINUED UNEXPLAINED ABSENCE OF MEMBERS - Any member who shall commit disorderly conduct in the course of a session, public hearing, or committee meeting, or who shall be absent without justifiable cause for four (4) cumulative absences

First Absence – Monetary penalty of One Thousand Pesos (P1,000.00)
Second Absence – Monetary penalty of One Thousand Pesos and warning letter
Third Absence – Monetary penalty of One Thousand Pesos and final warning letter
Fourth Absence _ Monetary penalty of One Thousand Pesos and will be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled: PROVIDED that the suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian Members: and PROVIDED, FURTHER, that a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian.

Any member who shall be absent from the regular sessions without justifiable cause shall be fined One Thousand Pesos (P1,000.00). Any member who shall come after the adjournment of the session is considered absent; unless he/she has a proper notice from the Presiding Officer through the City Secretary. For being late after the 3rd roll/final call at 2:15 P.M., he/she will be charged Five Hundred Pesos (P500.00), which shall be automatically deducted from his/her monthly salary and a certification shall come from the City Secretary or his immediate assistant.

The City Secretary shall submit the weekly attendance reports from the regular and special sessions to the City Treasurer for automatic Monetary Penalty deduction from his/her salary.

The corresponding monetary penalties collected shall be turned over to the City Secretary who in turn shall deposit the same in a special/restricted account to be used exclusive for purchasing/replacement of Sanggunian equipment as well as snacks during committee hearings and the like.

The City Secretary shall be responsible in submitting the weekly attendance report to the Office of the Vice Mayor and members of the Sangguniang Panlungsod as well as members of the media.


RULE XIV
FULL DISCLOSURE OF FINANCIAL AND BUSINESS INTERESTS


Section 69. a.) Every Sanggunian Member shall, upon assumption to office, make full disclosures of his business and financial interest. He shall also disclose any business, financial, or professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm, or entity affected by any ordinance or resolution under consideration by the Sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationships shall include:

1.) Ownership of stock, capital, or investment in the entity or firm to which the ordinance or resolution may relate; and

2.) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.

In the absence of a specific constitutional or statutory provision applicable to this situation, conflict of interest refers in general to one where it may be reasonably deduced that a Member of a Sanggunian may not act in the public interest due to some private, pecuniary, or other personal considerations that may tend to affect his judgment to the prejudice of the service of the public.

b.) The disclosure required under this Rule shall be made in writing and submitted to the Secretary to the Sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner:

1.) Disclosure shall be made before the Member participates in the deliberations on the ordinance or resolution under consideration provided, that if the Member did not participate during deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and

2.) Disclosure shall be made when a Member takes a position or makes a privilege speech on a matter that may affect the business interest hereinabove stated.


RULE XV
INVESTIGATIVE POWER


Section 70. The Sangguniang Panlungsod shall exercise investigative power in aid of legislation and, pursuant thereto, may perform functions it may deem necessary to attain the purpose intended.


RULE XVI
SUSPENSION OF THE RULES


Section 71. WHO CAN MOVE - Only the Chairman or the senior member of the Committee on Rules can move for the suspension of the Rules.

Section 72. VOTE REQUIRED - No rule shall be suspended except by a vote of two-thirds (2/3) of the Members, a quorum being present.


RULE XVII
SUPPLEMENT RULE


Section 73. SUPPLEMENTAL - Any rules of order or parliamentary procedure of other legislative bodies not in conflict with the instant Rules may be considered supplemental hereto.

Section 74. EFFECTIVITY - These Rules of Procedure shall take effect on the date of their adoption.