Municipal Resolution No. 2010-29

Republic of the Philippines
Province of Bohol
Municipality of Corella

THE TWELFTH SANGGUNIANG BAYAN

Municipal Resolution No. 2010 – 29

A RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OF THE TWELFTH SANGGUNIANG BAYAN OF THE MUNICIPALITY OF CORELLA, BOHOL

WHEREAS, under R.A. 7160 the Sangguniang Bayan shall exercise its local legislative power;

WHEREAS, pursuant to Article 103, Rule XVII of the Rules and Regulations Implementing the Local Government Code of 1991, the Sanggunian, in its regular session following the election of its members, shall adopt or update the existing rules of procedure;

WHEREFORE BE IT RESOLVED, as it is hereby resolved by the Twelfth Sangguniang Bayan of Corella, Bohol in session duly assembled to adopt its rules of procedure to read as follows-

THE INTERNAL RULES OF PROCEDURE OF THE TWELFTH SANGGUNIANG BAYAN OF THE MUNICIPALITY OF CORELLA, BOHOL

RULE I

COMPOSITION

Section 1. Members. The members shall compose of the Municipal Vice Mayor as the Presiding Officer, the regular Sangguniang Bayan Members, President of the Municipal Chapter Liga ng mga Barangay, President Pambayang Pederasyon ng mga Kabataan and all those appointed thereof pursuant to law.

RULE II

SESSIONS AND QUORUM

Section 2. Regular Session. (a) The minimum number of regular sessions of the Sangguniang Bayan shall be once a week in consonance to Article 105 (a-1) of R.A. 7160. It shall be held every Monday at 8:30 A.M. at the Sangguniang Bayan Session Hall, Corella, Bohol or at any venue decided by the majority of all its members.

(b) When regular session day falls on holiday, session shall be held immediately on the next working day.

Section 3. Special Session. (a) When public interest so demands, special session may be called by the Municipal Mayor or by a majority of the members of the Sanggunian.

(b) The secretary or her representative shall serve a written notice to the members of the Sanggunian stating the date, time, place and purpose at its usual place of residence at least 24 hours before the session is held.

( c) Unless otherwise agreed upon by two-thirds vote of the members present, there being a quorum, no other business maybe considered in a special session except those stated in the notice.

Section 4. Session Must Be Open. All sessions of the Sanggunian shall be open to the public unless a closed-door session is ordered by the majority of the members present, there being a quorum in the interest or for reasons of security, decency, or morality.

Section 5. Quorum. Such required number of members of the Sanggunian present in order to transact business legally, which shall be one-half plus one or simply more than one-half of the members constituting the Sanggunian.

Section 6. Lack of Quorum. (a) Should a question be raised during a session the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the result.

(b) Where there is no quorum at the appointed time of session the presiding officer may declare a recess, and may compel the immediate attendance of any member absent to be assisted by the members of the police force assigned in the municipality’s territorial jurisdiction.

(c) If there is no quorum despite the enforcement of Section 6 (b), no business shall be transacted. The presiding officer shall then declare the session adjourned for lack of quorum.

Section 7. Journal and Record. The Sangguniang Bayan shall keep a journal and record of its proceedings, which may be published upon a resolution of the Sanggunian.

Section 8. Members Absent. The members of the Sanggunian absent during regular or special session including committee meeting shall file their leave of absences with the office of the Vice Mayor in accordance with the Civil Service Rules and Regulations; provided that whatever a member is absent during two committee meetings he/she is considered absent for one day.

Section 9. Attire During Session. The member of the Sanggunian shall wear the formal long sleeve attire agreed by the members during regular and special session.

RULE III

PRESIDING OFFICER

Section 10. The Vice Mayor shall be presiding officer of the Sangguniang Bayan in accordance with R.A. 7160 known as the Local Government Code of 1991 and shall perform the following duties:

  1. He shall preside over the session of the Sanggunian; provided that, he is allowed to participate in the deliberation on his written proposal (resolution or ordinance) or report and shall designate any member of the Sanggunian present to temporarily preside over the session;
  2. He shall recognize properly the member obtaining the floor or seeking recognition;
  3. He shall inform each item of business;
  4. He shall maintain order and proper decorum;
  5. He shall call the session to order and adjourn properly;
  6. He shall rule and decide all questions of order, inquiries, requests and other routinary procedural matters;
  7. He shall state all questions before the Sanggunian and put the same into vote, when move properly and announce the result thereof;
  8. He shall assist in expediting business compatible with the right of members, allowing brief remarks in cases of pending debatable motions;
  9. He shall authenticate, when necessary, all orders, acts and proceedings of the Sanggunian, declaring its will and command;
  10. He shall sign all the resolution and ordinances approved by the Sanggunian within three working days from the receipt hereof which is to be submitted by the Secretary to the Sangguniang Bayan;
  11. He shall only vote to break the tie;
  12. He may attend committee meetings of the Sanggunian;
  13. He shall declare the session adjourned to some other time and place, in case of fire or disorders of great emergency;

Section 11. Temporary Presiding Officer. a) In the event of regular Presiding Officer to preside over the session, the members present constituting the quorum, of the committee, shall elect among themselves a temporary presiding officer.

(b) He shall certify within the working days from the passage of ordinance enacted and resolution adopted by the Sanggunian in session, which he temporarily presided over, otherwise the same shall deemed signed.

RULE IV

SECRETARY

Section 12. Secretary to the Sangguniang Bayan. The Sangguniang Bayan shall have its Secretary and shall perform the following duties:

(a)She shall attend every session and keep a journal and

record the proceedings of the Sanggunian;

(b) She shall prepare, certify and furnish copies of the

minutes to the members of the Sanggunian;

(c) She shall read and cause to read all proposed

ordinances and resolutions, motions, memorials,

petitions and other pertinent documents which he/she

shall report to the Sanggunian;

(d) She shall transmit to the proper committees all

necessary documents referred to him by the Sanggunian;

(e) She shall send out copies and proper notices on all

called sessions, meetings, and public hearings;

(f) She shall furnish copies of approved resolutions and

ordinances to the members of the Sanggunian 10 working

days after being signed by the presiding officer and

local chief executive respectively;

(g)She shall translate into the dialect used by the

majority of inhabitants of the municipal ordinances and

resolutions as determined by the Sanggunian immediately

after approval and cause the posting hereof;

(h)She shall furnish copies of the order of business to

the members of the Sanggunian before session;

(i)She shall record the number consecutively all

ordinances and resolutions passed by the Sanggunian

with the date of their passage;

(j) She shall attest and affix the municipal seal to all

Ordinances and resolutions and other official acts of

the Sanggunian with the date of their passage;

(k) She shall perform such other duties and functions as

may be prescribed by law or ordinance or as the

Sanggunian may assign to her.

RULE V

ORDER OF BUSINESS

Section 13. The Order of Business of the Sanggunian shall be as follows:

  1. Call to Order
  2. Invocation, National Anthem, and Bohol Hymn
  3. Roll Call
  4. Reading and Consideration of the Minutes of the

Previous Session

  1. Presiding Officer’s Time
  2. Privilege and Question Hour
  1. Reference of Business
  1. First Reading
  2. Petitions or Requests
  3. Other Communications
  1. Committee Reports
  2. Calendar of Business
  1. Unfinished Business
  2. Business for the Day
  3. Unassigned Business
  1. Third Reading
  2. Appearance
  3. Announcement
  4. Adjournment

Section 14. Procedure. (a) Any proposal to be calendared in the order of business shall be submitted to the secretary to the Sanggunian at least two working days before the session and shall transmit the same to the Chairman, Committee on Rules and Privileges;

  1. The order of business shall be prepared in writing by

the Secretary to the Sanggunian duly approved by the Rules Chairman and the same shall be served to the Sanggunian members before the session;

  1. Motion to suspend the rules for the inclusion of a

measure in the Order of Business shall need a majority vote of the members present.

Section 15. Matters to be taken up in the session shall be limited to the listed items in the order of business.

Section 16. Privilege Speech. (a) Privilege speeches may be delivered in oral or written; (b) The speaker shall register with the chair of the rules committee before the presiding officer call the session to order. With the permission of the Chair, he may be allowed to speak for not more than 15 minutes and not more than 15 minutes for discussion, if any.

Section 17. Urgent matters. (a) Urgent matters are such, which involve public interest, the delay of the consideration of which shall prejudice the essential activities of the local government;

(b) Executive proposals shall be certified as urgent by the

local chief executive;

(c)Legislative proposal shall be determined urgent by a

majority vote of the members present constituting a

quorum;

( d ) Urgent matters shall be deliberated upon immediately

for its subsequent approval or disapproval under suspended rules duly moved and seconded.

RULE VI

COMMITTEES

Section 18. Definition. A committee constitutes one or more persons, appointed, designated or elected by the Sanggunian assigned to perform a certain task usually to act or consider, investigate, or study a certain matter for public interest.

Section 19. Composition. (a)A committee shall be composed of a chairman, vice-chairman, and three other members;

(b) A member of the Sanggunian shall not hold more than three chairmanships in the standing committees;

(c) The vice-mayor or presiding officer may hold only one chairmanship of any of the standing committee created.

Section 20. Committee Procedure. (a) The chairman shall convene the committee to a meeting for an assigned task. However, if he/she declines or neglects to convene such, the vice-chairman may convene the committee to a meeting upon written notice addressed to the chairman on the committee on rules, copy furnished the chairman of the particular committee and the regular presiding officer;

(b) The committee has the authority to invite persons to appear in its meeting or hearings to conduct inquiries in aid of legislation, with the authority of the chief executive if the person to be invited is under the supervision of the mayor, in accordance with the rules of procedures; provided, however, that the right of the persons invited shall be respected;

(c) All questions before the committee shall put into vote unless otherwise previously approved;

(d) The committee shall prepare and submit a report in a prescribed form to the Sanggunian duly signed by the chairman and its members in at least 13 copies – one for the presiding officer, one for the SB secretary , one for each member of the Sanggunian, and one for committee file. Any member who dissented the report may submit his reasons in writing in the same number of copies.

Section 21. Special Committee. (a) A committee created by the Sanggunian for a special purpose and to perform specific task not falling within the jurisdiction of the regular standing committees;

(b)The special committee shall cease to exist upon submission of its report to the Sanggunian. It shall be independent from the other committees and adopt the procedure prescribed in the rules.

Section 22. Standing Committees. The Sanggunian shall have the following standing committees with their powers and prerogatives herein stated:

  1. Rules and Privileges – shall take charge of all matters relating to the order and decorum, the propriety of its rules and privileges of its members in their respective capacity, the implementation of national laws and enforcement of ordinances, and revision and interpretation of Sanggunian rules of procedure, committees and jurisdiction;
  2. Finance and Appropriation – all matters relating to funds and expenditures of the municipal government and for the payment of public indebtedness, claims against the government, budget and appropriation of funds, and review of barangay budgets recommend for approval;
  3. Ways and Means – all matters relating to the revenue, taxes and fees, loans, study and revision of tax measures, and other sources and forms of revenues to generate additional income of the municipality;
  4. Laws and Ordinance – all matters relating to proposed penal ordinances, proposal of measures involving their legality, codification and revision of laws, and review barangay ordinances and recommendation for their validity;
  5. Youth and Sports – all matters relating to sports, games, amusement, trainings and seminars of youth and any other matter that concerns the youth;
  6. Public Utilities – all matters relating to public buildings, streets and bridges, parks and plaza, monuments playground, donation, lease and exchange and expropriation of land, building permits, zoning, communication, transportation, and other public improvement projects.
  7. Health and Sanitation – all matters relating to health and welfare of the residents, proposed measures relative to health, health centers, health awareness and other health sanitation measures;
  8. Agriculture and Livelihood – all matters relating to agriculture, food production, animal production, and livelihood programs;
  9. Environmental Protection and Ecology – all matters concerning the conservation of environment and ecology and protection of natural resources, including waste management program;
  1. Tourism – all matters relating to the improvement and beautification of parks and plaza, landmarks, and preservation of the tarsius and wildlife, and other government reservation areas;
  2. Trades and Markets – all matters pertaining to the operation of public market, block tiendas and carenderias and measures involving marketing trades and slaughterhouse;
  3. Protective Services and Human Rights – all matters concerning peace and order and its maintenance, human rights, juvenile problems, police cases, miscarriage of carriage of justice, and protection of general public;
  4. Barangay Affairs – all matters relating to barangay activities and to pass on programs directed towards implementation down to the barangay level;
  5. Education, Culture and Information – all matters relating to education, improvement of school standards, mass, education, public information, and preservation, conservation and promotion of culture and heritage;
  6. NGOs, Pos and Cooperatives – all matters pertaining to the supervision of the non-government organizations, peoples organizations, peoples organizations, and cooperatives and their accreditation;
  7. Women and Family – all matters concerning the protection of the family, progress of women and senior citizens, and development of family life;
  8. Good Government – all matters concerning the hearing of cases or complaints against public officials and employees in their conduct and performance of duty.

Section 23. Composition of Standing Committees. The following members of the Sanggunian shall compose the SB standing committees:

  1. Committee on Rules and Privileges

Chairman - Hon. Danilo D. Bandala

Vice-Chairman - Hon. Paul T. Ello

Members - Hon. Maria Asuncion B. Daquio

Hon. D. Hilario D. Tocmo

Hon. Godofredo M. Ado

  1. Committee on Finance and Appropriation

Chairman - Hon. Maria Asuncion B. Daquio

Vice-Chairman - Hon. Edmundo B. Daquio

Members - Hon. Godofredo M. Ado

Hon. Ricardo T. Apale

Hon. Paul T. Ello

  1. Committee on Ways and Means

Chairman - Hon. Paul T. Ello

Vice-Chairman - Hon. Ricardo T. Apale

Members - Hon. Maria Asuncion B. Daquio

Hon. D. Hilario D. Tocmo

Hon. Restituto L. Denque

  1. Committee on Laws and Ordinances

Chairman - Hon. Ricardo T. Apale

Vice-Chairman - Hon. D. Hilario D. Tocmo

Members - Hon. Glicerio T. Alingig

Hon. Dave Marc N. Rebuta

Hon. Restituto L. Denque

  1. Committee on Youth and Sports

Chairman - Hon. Dave Marc N. Rebuta

Vice-Chairman - Hon. Ricardo T. Apale

Members - Hon. Danilo D. Bandala

Hon. D. Hilario D. Tocmo

Hon. Glicerio T. Alingig

  1. Committee on Engineering and Public Works

Chairman - Hon. D. Hilario D. Tocmo

Vice-Chairman - Hon. Restituto L. Denque

Members - Hon. Ricardo T. Apale

Hon. Edmundo B. Tajantajan

Hon. Dave Marc N. Rebuta

  1. Committee on Health and Sanitation

Chairman - Hon. Paul T. Ello

Vice-Chairman - Hon. D. Hilario D. Tocmo

Members - Hon. Glicerio T. Alingig

Hon. Restituto L. Denque

Hon. Ricardo T. Apale

  1. Committee on Agriculture and Livelihood

Chairman - Hon. Edmundo B. Tajantajan

Vice-Chairman - Hon. D. Hilario D. Tocmo

Members - Hon. Ricardo T. Apale

Hon. Danilo D. Bandala

Hon. Paul T. Ello

  1. Committee on Environmental Protection and Ecology

Chairman - Hon. D. Hilario D. Tocmo

Vice-Chairman - Hon. Godofredo M. Ado

Members - Hon. Glicerio T. Alingig

Hon. Ricardo T. Apale

Hon. Edmundo B. Tajantajan

  1. Committee on Trades and Markets

Chairman - Hon. Restituto L. Denque

Vice-Chairman - Hon. Edmundo B. Tajantajan

Members - Hon. Dave Marc N. Rebuta

Hon. Paul T. Ello

Hon. Glicerio T. Alingig

  1. Committee on Protective Services and Human Rights

Chairman - Hon. Restituto L. Denque

Vice-Chairman - Hon. Danilo D. Bandala

Members - Hon. D. Hilario D. Tocmo

Hon. Glicerio T. Alingig

Hon. Dave Marc N. Rebuta

  1. Committee on Barangay Affairs

Chairman - Hon. Glicerio T. Alingig

Vice-Chairman - Hon. Danilo D. Bandala

Members - Hon. Dave Marc N. Rebuta

Hon. Edmundo B. Tajantajan

Hon. Restituto L. Denque

  1. Committee on Education, Culture and Information

Chairman - Hon. Ricardo T. Apale

Vice-Chairman - Hon. D. Hilario D. Tocmo

Members - Hon. Paul T. Ello

Hon. Dave Marc N. Rebuta

Hon. Godofredo M. Ado

  1. Committee on NGOs, POS and Cooperatives

Chairman - Hon. Edmundo B. Tajantajan

Vice-Chairman - Hon. Paul T. Ello

Members - Hon. D. Hilario D. Tocmo

Hon. Maria Asuncion B. DAquio

Hon. Godofredo M. Ado

  1. Committee on Women and Family

Chairman - Hon. Maria Asuncion B. DAquio

Vice-Chairman - Hon. Edmundo B. Tajantajan

Members - Hon. Ricardo T. Apale

Hon. Dave Marc N. Rebuta

Hon. Godofredo M. Ado

  1. Committee on Good Government

Chairman - Hon. Glicerio T. Alingig

Vice-Chairman - Hon. Maria Asuncion B. DAquio

Members - Hon. Ricardo T. Apale

Hon. Paul T. Ello

Hon. Danilo D. Bandala

  1. Committee on Tourism

Chairman - Hon. Godofredo M. Ado

Vice-Chairman - Hon. Restituto L. Denque

Members - Hon. Paul T. Ello

Hon. Maria Asuncion B. DAquio

Hon. Ricardo T. Apale

Section 24. The composition of any committee may declared vacant upon a majority vote of the members present and shall provide for its replacement as the need arises; provided, that such declaration of vacancy can be made effective only after the committee has served six months except the chairmanship of mandatory committees assigned to sectoral representatives.

RULE VII

ORDINANCES, RESOLUTIONS AND OTHER LEGISLATIVE MATTERS

Section 25. Legislative action of a general form and permanent in character shall be enacted in the form of an ordinance. Those which are ministerial and administrative in nature and of temporary in character, shall be passed in the form of resolution.

Section 26. An ordinance or resolution presented to the Sanggunian for consideration shall be denominated as a “proposed ordinance” or “proposed resolution”. Upon approval each shall be called MUNICIPAL ORDINANCE or MUNICIPAL RESOLUTION as the case may be to which corresponding number shall be respectively suffixed by the Sanggunian secretary.

Section 27. Ordinances and Resolutions shall be proposed in writing and shall contain a title or caption and the date of Effectivity duly signed by the author and it shall be submitted to the secretary to the Sanggunian and shall transmit the same to the chairman of the Committee on Rules who shall calendar the same in the Order of Business for the first reading.

Section 28. Procedure. Before enacting or adopting an ordinance or resolution, the following shall be followed:

  1. The proposed ordinance or resolution shall be prepared by the member-author duly signed in six (6) copies. The same shall be filed with the Sanggunian secretary who shall transmit the same to the chairman of the Rules Committee at least two (2) working days before session and the same shall be numbered and labelled:
  2. Committee shall review all proposals and the same shall be included in the order of business for the first reading;
  3. First Reading. The Sanggunian Secretary shall read the number, title author of the proposed legislation. The presiding officer shall refer this to the appropriate committee;
  4. Committee Consideration. The committee shall convene and evaluate the proposal and may invite resource persons from the public or private sector, the academe, or experts in the field as an aid to legislation, and conduct public hearings when necessary. The author of the proposal may be invited during committee meeting;
  1. Committee Report. The committee shall prepare a corresponding report in thirteen (13) copies duly signed by the majority of its members with the corresponding recommendation and submit the same to the Sanggunian secretary who shall transmit it to the rules chairman for inclusion in the order of business;
  2. Second Reading. The chairman of the rules committee shall cause the recognition of the chairman of the reporting committee or its member. The proposed measure, after having been reported, shall be read in its entirely, scrutinized, debated upon, or be amended when desired;
  1. Individual amendments may be entertained after consideration of the committee recommendation. Committee report without recommendation shall be transmitted immediately to archives;
  2. The amendments, if any, are incorporated in the proposal and copies shall be reproduced by the Sanggunian secretary in the final form for the inclusion in the order of business in the third reading;
  3. Third Reading. The Sanggunian secretary shall read the number and the title of the proposal. Voting shall follow in the manner provided in the rules. No further debate is allowed. A member may explain his vote for not more than five (50 minutes. If disapproved, the same shall be transmitted to the archives.

RULE VIII

DEBATES AND DECORUM

Section 29. Any member who desires to speak on any matter to the Sanggunian shall first obtain the floor by raising his/her hand and address the presiding officer as “Mr. President” and wait for the recognition of the chair.

Section 30. When two or more members rise at the same time, the member whose name is first called by the chair shall be entitled to the floor.

Section 31. During debates, a member shall confine himself to the question before the Sanggunian and shall avoid personalities. He shall observe proper decorum or proceedings and shall refrain from using words and language inconsistent with proper decorum or injurious to the dignity of a member.

Section 32. Before any matter is debated upon, a motion shall be made first duly seconded and stated by the chair.

Section 33. When the Sanggunian is in session, no member shall pass between another who has the floor and the chair.

Section 34. No member shall walk out or cross the session hall when the presiding officer is addressing the assembly.

Section 35. No non-member of the Sanggunian shall speak or participate in the deliberation of the body without first suspending the rules.

RULE IX

PRECEDENCE OF MOTIONS

Section 36. The following motions, in the order of their precedence (from highest to lowest) together with other motions herein after specified, shall be used in doing business in the Sanggunian:

  1. Fix the time when to adjourn (rank 1), to provide the future time for the continuation of the session in progress;
  2. Adjourn (rank 2), to formally terminate the session in progress;
  3. Take recess (rank 3), to provide a brief intermission during the session;
  4. Question of privilege (rank 4), to secure immediate action upon a matter that involve comfort, convenience, rights, or privileges of the Sanggunian or any of its member;
  5. Call to order of the day (rank 5), to bring before the body for consideration any business assigned for a particular time;
  6. Lay on the table (rank 6), to set aside a pending question for consideration at a later date but undetermined time;
  7. Call for previous question (rank 7), to suppress discussion on a pending question and to bring it immediately to a vote;
  8. Modify the limits of the debate (rank 8), to remove a standing restriction to shorten or to permit more time for the discussion of the pending question;
  9. Postpone definitely (rank 9), to defer definitely the consideration of a question;
  10. Commit (rank 10), to refer a question or proposition to a committee for study and recommendation;
  11. Amend (rank 11), to modify a question to make it more acceptable to the body;
  12. Postpone indefinitely (rank 12), to defer indefinitely the consideration of a question;
  13. Main motion (rank 13), to bring before the body a substantive proposition for its consideration.

Section 37. The following motion shall have a rank of main motion:

  1. Take from the table, to resume the consideration of a question that has been previously laid on the table;
  1. Reconsider, to set aside the vote previously taken a question and to reopen it to a new discussion and vote;
  2. Reconsider and have entered on the minutes, to suspend action on a question that has been decided by a temporary majority;
  3. Rescind or repeal, to render null and void a question previously passed;
  4. Expunge, to express strong disapproval on an action taken by the body and to have it rescinded;
  5. Adopt a report, to accept or agree to a report as an official act of the body.

Section 38. The following incidental motions have no fixed rank but shall take precedence over the question from which they may arise:

  1. Suspend the rules, to allow the body to do something, which it is otherwise forbidden to do by the rules or previously adopted orders of the Sanggunian;
  2. Withdraw or modify a motion, to remove a question from the reconsideration of the body or to modify the same;
  3. Read papers, to allow a member to read paper, document, or book as part of his speech or remark;
  4. Object to the consideration of a question, to avoid the consideration of a question, which the body considers irrelevant, contentious, unprofitable, or generally objectionable;
  5. Point of order, to call the attention to an error in the observance or enforcement of the rules of the Sanggunian or its supplementary rules of procedure and parliamentary practice;
  6. Point of information, to be informed of any matter related to the pending question or the Sanggunian;
  7. Parliamentary inquiry, to request information on matters pertaining to parliamentary law or procedure;
  8. Appeal from the decision of the chair, to ask the body to decide whether the ruling made by the chair on the question or order should be upheld or overruled;
  9. Divide the assembly, to verify the votes taken on a question or to secure more accurate counts of votes;
  10. Divide the question, to divide a long and complicated proposition into separate and distinct parts to facilitate their consideration.

Section 39. The motion to fix the time when to adjourn, take a recess, raise a question of Privilege, and call for order of the day are privileged motions and may be presented, according to their order of preference, even if any other motion or question is pending before the body. The motions to raise a question of privilege and to call for orders of the day may be made even if someone has the floor.

Section 40. A motion calling for the previous question requires for its approval a majority vote of the members present but action on the principal question to which it is applied shall be determined by the vote necessary in its particular case as prescribed by the Sanggunian rules.

Section 41. A question may be postponed as a general order by a majority vote as a special order, by two-thirds of the members present.

Section 42. When a question is under consideration, a motion to amend and a motion to amend an amendment shall be in order and said amendment may be withdrawn before a decision is had thereon.

Section 43. No motion on a subject different from that under consideration shall be admitted under color of amendment. An amendment which merely negates an affirmative proposition, is likewise out of order.

Section 44. Once an amendment had been adopted or rejected, the same or substantially the same amendment cannot be reintroduced at the same session unless a vote on the original amendment has been reconsidered or the motion to amend has been withdrawn.

Section 45. Amendments to the title of an ordinance or resolution shall not be in order until the text thereof has been approved. Amendments to the title shall be decided without debate.

Section 46. An ordinance, resolution or any other question may be rescinded, repealed, or expunged at any session subsequent to the one at which it was adopted by a majority votes of the members present. A motion to rescind, repeal, or expunge may be made only if the time to reconsider the controverted had already clapse, a two-thirds vote is required.

Section 47. Rules relating to the order of the business, business procedure, and similar standing rules, except those prescribed by statutory law may be suspended by a two-thirds vote of the members present; provided, that the said suspension shall be effective for as long as the question for which the rule is suspended remains pending before the body.

Section 48. An appeal must be made immediately after the decision appealed from has been made; if any business has intervened, it shall be out of order, it is debate except when it relates to decorum, priority of business, and transgression of the rules. Any member may speak in respect to the appeal once, but the presiding officer may speak on it twice, first in explaining his decision, and then, in answer to the arguments against his decision.

Section 49. A call for the division for the Sangguniang should be immediately after the result of the vote has been announced even if someone has the floor but before the chair has started another motion.

Section 50. A motion to read any part of the rule of the Sangguniang Bayan is equivalent to a call order and shall have a precedence correspondence to it.

Section 51. A motion may be withdrawn a modified as a matter of right before the chair has stated it. If the request is made after the motion has stated by chair, it may be withdrawn only by the general consent, or if there be an objection by a majority vote of the members present.

Section 52. No motion, having failed passage, shall again be allowed at the same session unless there has been a substantial change in the position. The motion to fix the time to which to adjourn, call for orders of the day, close nomination of the polls, fix the limit of the debate, lay on the table, postpone definitely, commit or refer, call for the previous question, take a recess, and take from the table, maybe renewed after the change in parliamentary situation during the session. The motion to object the consideration of a question; if rejected may not again renewed by the same question.

RULE X

VOTING

Section 53. The presiding officer shall put a question into vote and shall do it in this form: “as many as in favour of the motion to … (as question may be) raise your hand” and after affirmative vote is expressed, “as many as opposed to do the same”.

Section 54. If the presiding officer doubt or a division of the house is called fro, the Sanggunian shall divide. The following are other methods of voting:

  1. By voice
  2. By raising of hands
  3. By raising
  4. By secret balloting
  5. By roll call

Section 55. No member can vote on question in which he has direct or personal pecuniary interest. This does however, procedure any member from voting him from any position within the Sanggunian.

Section 56. A member ca change his vote only before the chair announces the result of voting.

Section 57. Any member may explain his vote not to exceed five (5) minutes.

Section 58. No member could be compelled to vote, he may, however, abstain.

Section 59. No motion or question expect in the presence of the quorum shall be entertained during the voting

Section 60. the secretary shall take down the affirmative and negative votes as well as the name of the members voting to the Sanggunian and the presiding officer shall state the result to the body.

Section 61. A tie vote defeats any measure or motion unless the chair breaks the tie.

Section 62. A member who arrives late at the session shall be permitted to vote provided, that the result of voting has not been announced yet by the chair and after the member has been informed.

RULE XI

MINUTES

Section 63. Minutes of the Sanggunian. The record of the proceedings of the Sanggunian shall refer to the official minutes. It shall comprise a clear and succinct account of the business transacted and the action taken thereon. The minutes shall contain the following:

  1. Nature of the session held (Whether special or regular)
  2. Name of the enacting body (Twelfth Sangguniang Bayan of Corella)
  3. Date of session
  4. Place of session
  5. Name of members present and members absent
  6. Statement whether previous minutes was approved or the reading was dispense with.
  7. All main motions
  8. Points of order and appeal whether sustain or lost
  9. Time adjourned
  1. And such matters in which the body ordain to be entered.

Section 64. The minutes shall be signed by the secretary and authenticated by the presiding officer. It shall be entered in a good well-bound record book and the corresponding date of approval or disapproval property placed therein.

RULE XII

RECONSIDERATION AND RECALL

Section 65. When a report, motion, resolution, or proposed ordinance has been adopted or lost, only a member who voted a prevailing side shall be entitled to present a motion for reconsideration when the matter is still within they control of the Sanggunian. Any members who abstained from voting shall have absolutely no right to ask for reconsideration.

Section 66. there being a motion to recall an ordinance or resolution passed by the Sanggunian which is being ordered by the majority of all members present, a majority of the members voting and present, there being a quorum, is sufficient and which have the effect of bringing back to the said ordinance or resolution for deliberation a new as the case may be; provided, however, the said ordinance or resolution has not yet been transmitted to the office of the mayor for approval.

RULE XIII

APPEARANCES

Section 67. The Sanggunian shall have the authority to cause the appearance of any person to appear before the Sangguniang Bayan and shall be made in writing, filed with the Sanggunian Secretary and the latter shall issue appropriate request form appearance, subpoena, and/ or subpoena duces tecum, in aid of legislation.

RULE XIV

DISCIPLINARY ACTIONS

Section 68. The Sanggunian shall have the power an authority to impose discipline among its members consistent with Rule XIV of RA 7160 Implementing Rule and Regulations.

Section 69. The committee on Good Government, which shall render its report, shall determine the appropriateness of disciplinary and recommendation to the Sanggunian after it shall have done the necessary proceedings and due process.

RULE XV

SUPPLEMENTAL PROVISIONS

Section 70.The Rules of Procedures and Parliamentary practices of the legislative bodies of the Philippines and Parliamentary Rules by generally accepted authorities should serve as supplementary authorities to the Sanggunian in so far as they are not incompatible with its own rules and orders.

RULE XVI

AMENDMENTS

Section 71. The body upon obtaining a two-thirds vote in session assembled may adopt any amendments to these rules.

RULE XVII

DATE OF EFFECTIVITY

Section 72. These shall take immediately upon approval by the majority of all the members of the Twelfth Sangguniang Bayan of Corella, Bohol.

RESOLVED FURTHER, to furnished copies hereof to all members of the Twelfth Sangguniang Bayan, Corella, Bohol for their information and guidance.

APPROVED: July 16,2010

CERTIFIED CORRECT:

RUTH C. BAUGBOG

SB Secretary Designate

ATTESTED BY:

VITO B. RAPAL

Municipal Vice Mayor /

Presiding Officer

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