DRAFT RESOLUTION NO.

2013-27
Ref. # 1648
13th Regular Session on October 14, 2013

Sponsored by the Committee on Rules and Privileges, Laws and Ordinances

THE INTERNAL RULES OF PROCEDURE (IRP) OF THE 17TH

SANGGUNIANG BAYAN OF LUPON, DAVAO ORIENTAL AS
MANDATED BY REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS
THE LOCAL GOVERNMENT CODE OF 1991, FOR PURPOSES OF
ENSURING ORDERLY SESSIONS AND EFFECTIVE QUALITY
LEGISLATION, AS AMENDED.

RESOLVED, as it is hereby resolved to promulgate and adopt the Internal Rules of

Procedure for purposes of the Sangguniang Bayan session;

RULE-I
MEMBERSHIP

SECTION 1. The Sangguniang Bayan of Lupon, Davao Oriental as a legislative body,

shall be composed of the Municipal Vice Mayor as the Presiding Officer, Eight (8) regular
Sangguniang Bayan members, the President of the Municipal Chapter of Liga ng mga Barangay,
the President of the Pambayan Pederasyon ng mga Sangguniang Kabataan, the Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) Representative, and other Sectoral
Representatives, as maybe implemented, as members.

RULE – II
THE PRESIDING OFFICER

SECTION 1. By operation of law, the Municipal Vice Mayor shall be the regular
Presiding Officer of the Sangguniang Bayan who will be addressed as “Honorable Presiding
Officer” or simply” Mr. Presiding Officer” when the council is in session.
In the event of the inability of the regular Presiding Officer to preside at a Sanggunian
session, the members present and constituting a quorum shall elect from among themselves a
temporary Presiding Officer. He shall certify within ten (10) days from the passage of ordinances
enacted and resolutions adopted by the Sanggunian in the session over which he temporarily
presided.
Furthermore, the regular and the temporary Presiding Officer cannot relinquish their chair
to join floor deliberation. However, they may relinquish it to respond to emergency cases only.
In the absence of the regular Presiding Officer, the Chairman of the Committee on Rules
and Privileges, Laws and Ordinances shall call the session to order.
The Presiding Officer shall have the following duties:
A. To preside over all sessions and caucuses of the Sangguniang Bayan;
B. To preserve order and proper decorum during session;
C. To decide all questions of order subject to the rights of the individual member to
appeal to the body;
D. To exercise the right to vote only to break a tie;
E. To sign all legislative documents, papers, vouchers and or checks in relation to the
functions of his office;

RULE – III
SESSIONS

SECTION 1. All regular and special sessions of the Sangguniang Bayan shall, unless
otherwise decided by the Body, be held at the Municipal Building, Sangguniang Bayan Hall,
every Monday of every week. However, if a session day falls on a holiday, the next working day

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is the regular session day or any other working day decided by the Body. The sessions shall be
opened to the public, unless the body, by a majority vote, shall decide to hold a closed door
session on matters involving the security of the state or on matters offensive to decency and
public moral.

SECTION 2. All regular sessions shall open at 1:30 o’clock in the afternoon. Special
sessions shall open at the time decided by the Body.

SECTION 3. Special sessions may be convened on such date, time and place as called
upon by the Local Chief Executive or by the majority of the members of the Sanggunian on
urgent matters or when public interest so demands. There shall be no two (2) regular or special
sessions held in a single day.

SECTION 4. In case of a special session, a written notice or call to its members shall be
served at the place of residence/office of the members with proof of service at least twenty-four
(24) hours before the special session is held. Unless otherwise concurred to by 2/3 vote of
Sangguniang Bayan members present, there being a quorum, no other matters maybe considered
at a special session except those stated in the notice.

SECTION 5. Scheduled Sessions in Barangays. In order to bring the Government closer

to the barrios and to cater to the needs of the barrio folks, it has been the policy of the
Sangguniang Bayan of Lupon to conduct session upon request of the barangay concerned.
However, for some reasons, the said session cannot be held in the scheduled barangay, the
Presiding Officer thru the Secretary to the Sanggunian, shall serve notice two (2) days before the
scheduled session.

SECTION 6. During the Sangguniang Bayan regular or special sessions, the presence of
a policeman in complete uniform at the door entrance of the SB Session Hall is required to
ensure that only non-members and guests with official business/functions during session will be
allowed entry to the hall, and to safeguard the interest of the members.

RULE – IV
SECRETARY

SECTION 1. There shall be a Secretary to the Sangguniang Bayan who shall be a career
official qualified under the law, and shall be appointed by the Municipal Vice Mayor with the
concurrence of the members of the Sangguniang Bayan. He/she shall perform his/her legal duties
and as the body may, from time to time, require.
In his/her absence, the next in rank to the Secretary to the Sanggunian shall act as the
acting Secretary.

SECTION 2. The Secretary to the Sangguniang Bayan shall be required to prepare the
Minutes and Journal of Proceedings and the same shall be distributed one (1) day before the
succeeding session.

SECTION 3. The Secretary to the SB shall prepare and finalize the approved measures
of the Sangguniang Bayan within a period of three (3) days after the approval of the Local Chief
Executive, and mail the same to concerned parties.

SECTION 4. The Secretary to the Sanggunian shall take charge of the Office of the
Secretary of the Sanggunian and shall:
(a) Attend meetings of the Sanggunian and keep a journal of its proceedings;
(b) Keep the seal of the local government unit and affix the same with his/her signature to
all ordinances, resolutions, and other official acts of the Sanggunian and present the same
to the Presiding Officer for his/her signature;

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 (c) Forward to the Local Chief Executive for approval, copies of ordinances enacted by
the Sanggunian and duly certified by the presiding officer, in the manner provided in
Section 54 under Book I of the Local Government Code of 1991;
(d) Forward to the Sangguniang Panlalawigan concerned, copies of duly approved
ordinances, in the manner provided in Section 56 under Book I of the Local Government
Code of 1991;
(e) Furnish, upon request of any interested party, certified copies of records of public
character in his custody, upon payment to the treasurer of such fees as may be prescribed
by ordinance;
(f) Record in a book kept for the purpose, all ordinances enacted and resolutions adopted
by the Sanggunian, with the dates of passage and publication thereof;
(g) Keep his/her office and all non-confidential records therein open to the public during
the usual business hours.;
(h) Translate into the dialect used by the majority of the inhabitants all ordinances and
resolutions immediately after their approval, and cause the publication of the same
together with the original version in the manner provided under the Local Government
Code of 1991; and
(i) Take custody of the local archives and, where applicable, the local library and
annually account for the same.

RULE - V
QUORUM

SECTION 1. A majority of all members of the Sangguniang Bayan who have been
elected and qualified as defined under Rule 1, Section 1 of this IRP, shall constitute a quorum to
transact official business. Should a question of quorum be raised during the session, the
Presiding Officer shall immediately proceed to call the roll of the members and thereafter
announce the results.

SECTION 2. Where there is no quorum, the Presiding Officer may declare a RECESS
until such time a quorum is constituted or a majority of the members present may adjourn from
day to day and may compel the immediate attendance of any member absent without justifiable
cause by designating a member of the Sanggunian to be assisted by a member or members of the
police force assigned in the territorial jurisdiction of the Local Government Unit of Lupon to
arrest the absent member and present him at the session.

SECTION 3. If there is still no quorum despite the enforcement of the immediate

proceeding subsection, no business shall be transacted. The Presiding Officer, upon proper
motion duly approved by the members present, shall then declare the session adjourned for lack
of quorum.

RULE VI
STANDING COMMITTEES AND ASSIGNMENT OF DISTRICT

SECTION 1. Rules and Procedures in the creation of committees

In the creation of committees the prescribed rules and procedures are the following:

(A) A regular or standing committee may be created or reorganized by a majority vote of

all the members of the Sanggunian;
(B) The Presiding Officer may recommend the creation or reorganization of any regular
or standing committee. The Sanggunian shall act on his recommendation without debate and vote
on it immediately;
(C) Special or Ad Hoc committees may be created upon the initiative of the Chair or any
member subject to the affirmative votes of a majority of the members present, there being a
quorum.

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 (D) Restrictions. The Presiding Officer shall not be a member of any regular committee.
However, he may be designated by the body as Chairman of an Ad Hoc or Special committee,
provided that the purpose for which the committee is created does not involve legislative matters
or policy-making;
(E) No person other than members of the Sanggunian shall be made a member of any
regular committee; and
(F) No member shall participate in the committee’s deliberation if he has a direct or
indirect personal or pecuniary interest on the matter being handled by the committee.

SECTION 2. The Sangguniang Bayan shall create the following Standing

Committees and Assignment of District for its members:

A. Standing Committees:

1. Committee on Rules and Privileges, Laws and Ordinances

2. Committee on Budget, Finance and Appropriation

3. Committee on Justice, Human Rights, Public Safety and Order

4. Committee on Women and Family Welfare

5. Committee on Youth and Sports Development

6. Committee on Environmental Protection and Solid Waste Management

7. Committee on Cooperative, NGOs, POs and Livelihood

8. Committee on Health and Sanitation

9. Committee on Tourism

10. Committee on Agriculture

11. Committee on Transportation, Communication, Franchising and

Regulations

12. Committee on Infrastructure and Public Works

13. Committee on Housing and Land Use

14. Committee on Senior Citizen’s Affairs

15. Committee on Education

16. Committee on Ethics and Good Government

17. Committee on Ways and Means

18. Committee on Social Services and Community Development

19. Committee on Custom, Culture and Heritage

20. Committee on Market Affairs, Economic Enterprise and Consumer

Protection

21. Committee on Fisheries and Aquatic Resources

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 22. Committee on Sisterhood and Foreign Relations

23. Committee on Barangay Affairs

24. Committee on Indigenous Cultural Communities/Indigenous Peoples

(ICCs/IPs) and Muslim Affairs

B. Clustered Barangays:

a) San Jose and Cabadiangan

b) Don Mariano Marcos and San Isidro
c) Marayag and Mahayahay
d) Bagumbayan and Limbahan
e) Lantawan and Tagboa
f) Corporacion and Cocornon
g) Ilangay and Magsaysay
h) Calapagan and New Visayas
i) Macangao and Langka
j) Maragatas and Tagugpo
k) Poblacion

RULE VII
DEFINITION OF FUNCTIONS OF THE DIFFERENT COMMITTEES

SECTION 1. In order to delineate its specific functions and duties and for purposes of
easy referral to committee concerned, committees are specifically defined, to wit:

A.) COMMITTEE ON RULES AND PRIVILEGES, LAWS AND ORDINANCES

- All matters related to the Rules of Procedure of the Sanggunian; Calendar of Business
and Order of Business and the creation of committees and their jurisdiction; review of
Sangguniang Barangay resolutions and ordinances including the legality and/or constitutionality
of the said resolutions and ordinances; and in general, codification, revision and/or amendment
of resolutions and ordinances.

B.) COMMITTEE ON BUDGET, FINANCE AND APPROPRIATION

- All matters related to the approval of the budget, appropriation of funds or payment of
obligations; determination of compensation of personnel; reorganization of local offices;
allocation of funds for projects and other services.

C.) COMMITTEE ON JUSTICE, HUMAN RIGHTS, PUBLIC SAFETY AND ORDER

- All matters related to police matters, maintenance of peace and order, protective
services, traffic rules and regulations, fire prevention and control measures, jail management and
human rights.

D.) COMMITTEE ON WOMEN AND FAMILY WELFARE

- All matters related to the protection of women’s rights, protection and welfare;
measures to protect the rights of families; and other assistance that will safeguard the
development of women and family.

E.) COMMITTEE ON YOUTH AND SPORTS DEVELOPMENT

- All matters related to the welfare and interest and development of the youths; promotion
and protection of the youth’s moral, physical, intellectual and social well-being; and all other
related sports development in general.

F.) COMMITTEE OF ENVIRONMENTAL PROTECTION & SOLID WASTE

MANAGEMENT

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 - All matters related to environmental preservation, ecosystem management and pollution
control, exploitation, utilization as well as proper management and recycling of solid waste.

G.) COMMITTEE ON COOPERATIVES, NGOs, POs and LIVELIHOOD

-All matters related to the promotion, growth and development of cooperatives, NGOs,
POs and livelihood.

H.) COMMITTEE ON HEALTH AND SANITATION

-All matters related to health, hygiene, sanitation, population, family planning, medical,
hospital and quarantine facilities and services as well as other health-related issue and concerns.

I.) COMMITTEE ON TOURISM

-All matters related to the promotion of tourism in the Municipality of Lupon.

J.) COMMITTEE ON AGRICULTURE

-All matters related to the general welfare and interest of farmers; measures for the
promotion of agri-business; and measures for the protection and improvement of agricultural
products and by-products.

K.) COMMITTEE ON TRANSPORTATION, COMMUNICATION, FRANCHISING

AND REGULATIONS
- All matters related to the grant, amendment, extension and/or revocation of franchises
devolved to Municipal Government; control and regulation of operations of tricycles and
pedicabs as well as other means of transportation of similar nature and other means of
communications services.

L.) COMMITTEE ON INFRASTRUCTURE AND PUBLIC WORKS

- All matters related to the planning, construction, maintenance, improvement and repair
of public buildings, highways, roads and bridges, water shrines, parks, monuments, playgrounds,
and other public edifices of historic interest; drainage, sewerage and flood control and protection;
and irrigation and water utilities.

M.) COMMITTEE ON HOUSING AND LAND USE

-All matters related to the housing programs, subdivisions, real estate development;
measures pertaining to land uses including the enactment of zonification and land use code; and
all matters related to housing and land utilization.

N.) COMMITTEE ON SENIOR CITIZEN’S AFFAIRS

-All matters related to the promotion of the rights, privileges and general welfare of
senior citizens in the municipality of Lupon.

O.) COMMITTEE ON EDUCATION

-All matters related to education, schools, colleges, and universities; libraries and
museums; non-formal and community adult education, development and advancement of science
and technology; and scientific and technological research.

P.) COMMITTEE ON ETHICS AND GOOD GOVERNMENT

-All matters related to the moral and ethical conduct, dignity, integrity and reputation of
the Sanggunian and its members in connection with the performance of their official duty and
their own personal conduct as public officials, individually or collectively, provided that any
complaint filed against any member of the Sanggunian must be made in writing and under oath.
Such complaint shall be referred to the committee which shall act as a unit upon a vote of two-
thirds (2/3) of its members by recommending to the Sanggunian the censure, reprimand,
suspension or expulsion, or any other appropriate disciplinary action as it may deem just and
reasonable and in accordance with existing laws; conduct investigations of malfeasance,
misfeasance and nonfeasance in office by officials and employees of the Municipal Government

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and the barangays, and of any matter of public interest on its own initiative or brought to its
attention by any member of the Sanggunian.

Q.) COMMITTEE ON WAYS AND MEANS

-All matters related to taxes, fees, charges; study and revision of tax measures; and
generation of other sources and forms of revenue from both public and private sectors, including
codification of revenue ordinances.

R.) COMMITTEE ON SOCIAL SERVICES AND COMMUNITY DEVELOPMENT

-All matters related to public and social welfare and ameliorative services; public social
services for the disadvantaged groups in society including the elderly, disabled, street children,
drug dependents and criminal offenders.

S.) COMMITTEE ON CUSTOM, CULTURE AND HERITAGE

-All matters related to the promotion and preservation of our cultural heritage, customs
and tradition.

T.) COMMITTEE ON MARKET AFFAIRS, ECONOMIC ENTERPRISE AND

CONSUMER PROTECTION
-All matters related to the consumer protection, control of prices of commodities,
handicrafts and cottage industries; and the development, coordination, regulation, diversification
and promotion of industry and investments.

U.) COMMITTEE ON FISHERIES AND AQUATIC RESOURCES

- All matters related to the protection and preservation of marine resources and habitat
and optimum utilization of all marine and other aquatic resources.

V.) COMMITTEE ON SISTERHOOD AND FOREIGN RELATIONS

-All matters related to the involvement of the Municipality of Lupon in inter-LGU
relations to include but not limited to twinning of cities and municipalities both local and
international.

W.) COMMITTEE ON BARANGAYS AFFAIRS

- All matters related to the welfare, interests and development of the Barangays including
other aspects such as political, social, cultural and other issues within their concern.

X.) COMMITTEE ON INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS

PEOPLES (ICCs/IPs) AND MUSLIM AFFAIRS
- All matters related to the collective interest of the Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) and all matters related to the promotion and
development of Muslim communities.

SECTION 2. POWERS, DUTIES AND FUNCTIONS OF INDIGENOUS

CULTURAL COMMUNITIES/INDIGENOUS PEOPLES (ICCs/IPs)
REPRESENTATIVE. The powers, duties and functions of an ICCs/IPs Mandatory
Representative shall be the same as that of the regular members of the Local Legislative Council
as provided in the Local Government Code of 1991, Department of the Interior and Local
Government (DILG) Memorandum Circular No. 2010-119(F), and other applicable laws.

RULE VIII
COMMITTEE FUNCTIONS

SECTION 1. Matters referred to or coming into the specific/appropriate committee shall

be thoroughly discussed, debated, researched and studied within the committee so that when
reported for appropriate action to the body in session, only clarificatory questions on the floor
can ensue and no collateral matters shall be allowed to muddle the proceedings.

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 SECTION 2. Committee reports, recommendations or sponsorship shall be rendered at
the time specified in the Calendar of Business for the day, must be written and the committee,
upon its approval, makes a proper resolution for sponsorship which shall be rendered at the time
specified in the Calendar of Business for the day. However, if it disapproves a measure it is
consigned to the archives.

2.a Joint Committee Report maybe allowed provided that the same subject
matters be treated in the discussion of the same.

SECTION 3. In sponsoring a measure, the sponsor bears the burden of support and
defense of the measure in the floor. The committee chairman or any member thereof serves as
the spokesman with the support on the side of the members of the committee serving as technical
panel.

SECTION 4. When a measure is introduced by the committee on the floor only one
speaker for the measure is allowed in answering all questions for the affirmative support of the
measure aside from the reasons for sponsorship.

SECTION 5. The committees concerned are given fifteen (15) days to work on the
questions, issues and legislative measures referred to it before it renders its report to the
Sanggunian in session.

SECTION 6. Any Sangguniang Bayan Member may propose certain resolution or

ordinances, however, he cannot participate, deliberate or vote in the committee meeting and/or
hearing during the proceedings but remain in his status as principal author.

SECTION 7. A measure once referred to the concerned committee, the sponsor or author
must be included in the list of authors in its second reading. Likewise, the District Councilor of
the concern barangay may also be included.

SECTION 8. Any member regardless of his/her committee affiliation can pass a measure
certified urgent by the Local Chief Executive.

SECTION 9. The above-mentioned rules only apply when the subject is a committee
work.

RULE – IX
AGENDA

SECTION 1. The proposed agenda shall be prepared by the Secretary to the Sanggunian
in consultation with and approval of the chairman of Committee on Rules & Privileges, Laws,
and Ordinances. A copy of the approved agenda shall be served upon members at least one (1)
day before session day.

SECTION 2. All proposed legislative measures must be submitted at least two (2)
working days before session day, for the Secretariat to finalize the said agenda.

RULE – X
ORDER OF BUSINESS

SECTION 1. In all regular sessions, this Order of Business shall be applied:

I. Call to Order
II. Opening Prayer
III. National Anthem, Provincial Hymn and The Councilor’s Creed
IV. Roll Call

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 V. Reading and Consideration of the Minutes and Journal of Proceedings of the
previous session.
VI. Privilege Hour
VII. Question Hour
VIII. Measures on First Reading and Reference of Business on:
a. Proposed Ordinances
b. Proposed Resolutions
c. Petitions
d. Messages and Communications
IX. Committee Reports
X. Calendar of Business
a. Unfinished Business
b. Business for the day
b.1 Certified Urgent Measures
b.2 Measures on Second Reading
b.3 Measures on Third and Final Reading
c. Unassigned Business
XI. Announcement
XII. Adjournment

SECTION 2. During the Privilege Hour, any Sanggunian member may discuss any
matter involving public interest. He is given thirty (30) minutes for his privileged speech and if
he yields to interpellation, another thirty (30) minutes is again allotted for a total of one (1) hour.
However, upon motion of a member, duly approved by majority of the members present, there
being a quorum, privilege time may be extended.

SECTION 3. Any Sanggunian member who wishes to render his/her privilege speech
must inform the Sanggunian Secretary at least two (2) workings days before the scheduled
regular session to be included in the Agenda. Only a maximum of four (4) Sanggunian members
shall be allowed to avail of the Privilege Hour every regular session, and they may do so only
once during each session, therefore, members should maximize this opportunity during floor
deliberation. The first four members who manifest their intention in writing shall be given
precedence.
In cases when there are members who are not scheduled to render privilege speech at a
session but who wish to avail of the Privilege Hour, they may do so only on approved motion by
a vote of the majority of members present.”

SECTION 4. Question Hour refers to the recognition of non-member to transact business

with the Sanggunian. During this hour, House Rules is suspended upon motion of a member duly
seconded and approved by the Body.

SECTION 5. During the Question Hour, the non-member may be interpellated by the SB
members with his/her permission. Courtesy must be observed and questions should be addressed
thru the Presiding Officer and the guest or non-member be addressed in the third person.

SECTION 6. In both the Privilege and Question hours, urgent matters which involve
public interest must be given priority and maybe taken in aid of legislation during the session
day. It may be referred for consideration to appropriate committee or be placed in the
Unassigned Business upon which simple majority present is needed basing on quorum.

SECTION 7. Unassigned Business. A time when proposed ordinances and resolutions

embodied in committee reports, the dates of discussions of which, have not yet been determined.
However, measures with urgent public interest may be deliberated and approved by simple
majority of members present, constituting a quorum.

RULE – XI
LEGISLATIVE PROCESS

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 SECTION 1. Rules in the Enactment of Ordinances and Adoption of Resolutions.
a.) Legislative actions of general and permanent character shall be enacted in the form of an
ordinance while those temporary in character shall be passed in the form of a resolution.
Matters relating to proprietary functions and to private concerns shall also be acted upon
by a resolution.

b.) Proposed ordinances and resolutions shall be in writing and shall contain an assigned
number, a title or caption, an enactment or ordaining clause and the date of its proposed
effectivity. An ordinance may contain an explanatory note to justify its sponsorship and
approval, however, this is optional at the author’s will. All legislative measures must be
signed by the author/authors and submitted to the SB Secretary who shall report the same
to the Body on the next session.

c.) Resolutions shall be enacted in the same manner prescribed for an ordinance except that
it need not go through a third reading for its final consideration unless decided otherwise
by a majority vote of the Sanggunian members present.

d.) No ordinance or resolution shall be considered on Second Reading in any regular

session unless it has been reported out by the proper committee to which it was referred
or certified as urgent by the Local Chief Executive.

e.) Any legislative matter duly certified by the Local Chief Executive as urgent whether or
not it is included in the Calendar of Business may be presented and considered by the
Body at the same meeting without need of suspending the rules.

f.) The Secretary to the Sanggunian shall prepare copies of the proposed ordinance or
resolution in the form it was passed on second reading, and shall distribute the same to
each member, except when a measure is certified by Local Chief Executive concerned as
urgent which maybe submitted for final voting immediately after debate or amendment
during the Second Reading.

g.) No ordinance or resolution passed by the Sangguniang Bayan in a regular, or special

session duly called for the purpose, shall be valid unless approved by the majority of the
members physically present, there being a quorum.

h.) No legislative measure (ordinance or resolution) shall be valid without being sponsored,
deliberated, debated and approved by the majority of members in session, constituting a
quorum.

i.) Any private person or non-member who may wish to have a copy of the legislative
measure may have a copy after a written request, stating among others, his purpose, duly
signed and filed with the Secretariat.

j.) The proponent is given all the preferential rights in any amendment hence, his
representation must be properly requested.

SECTION 2. Procedural Steps in Enacting an Ordinance or a Resolution.

A. SPONSORSHIP of an Ordinance or Resolution

Step 1. On the First Reading, the Secretary to the Sanggunian shall report all proposed
ordinances or resolutions to the Sangguniang Bayan Members, filed at least two (2) working
days before a regular or special session. He/she reads the draft ordinance or resolution by its
number and title and the name of author or authors, if desired, after which the Presiding Officer
or the Secretary himself/herself announces the Committee or Committees to which the proposed
measure is assigned.

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 B. Committee Deliberation and Committee Report

Step 2. During committee hearing, only the Chairperson, Vice Chairperson and
Members together with the invited guests and visitors are allowed to join the deliberations and
discussions on the issues being treated. If other SB members, who are not members of the
committee, intends to join the meeting, he/she may do so provided he/she shall not join the
deliberation and he/she cannot vote if voting is necessary to settle the issue.
For this purpose, invited guests and visitors shall be properly notified by the Chairman of
the Committee concerned, or in his/her absence by the Secretary to the Sangguniang Bayan.

Step 3. Committee Report. If the Committee concerned recommends action on the proposed
measure, a report to the effect is submitted to the Presiding Officer thru the chairperson of the
committee on rules, who calendars the same for second reading. If the committee acts on it
unfavorably, it is laid on the table and within ten (10) days, the author or authors concerned are
given notice stating the reason(s) for such action.
The Committee Report shall contain the following information:
(a) Name of the reporting committee or committees;
(b) Statement of the subject matter including other relevant information;
(c) Discussions and Findings; and
(d) Recommendation (in a form of a resolution or an ordinance);
(e) Names and signature of concurring members;
(f) Names and signature of dissenting members and their dissenting opinion (if
there is any); and
(g) Appendices (such as Minutes of the Committee Hearing, Attendance Sheet,
etc.)
After the presentation of the Committee Report to the members of the Sanggunian in
session, the committee recommendation may be subjected to interpellation, debate and
amendment.
As a general rule, no committee member will be allowed to vote against the measure in
plenary, unless he submits a dissenting opinion at the committee level. Motion of a reporting
committee chairman/vice chairman or member adopting the committee report needs no second.

C. Second Reading and Floor Consideration

Step 4. No proposed measure may be considered on Second Reading in any regular or

special session unless it has been reported out by the proper committee to which it was referred
or certified urgent by the LCE or the 2/3 of the Body itself certified the necessity of its
enactment. Resolutions under consideration must be in writing with a refined and comprehensive
title, and must have corresponding reasons or ‘whereases’ for the august body to deliberate and
discuss. The chairman of the committee recommending the measure, or someone designated for
the purpose, shall explain briefly the nature of the ordinance or resolution. After the usual
sponsorship speech has been delivered, the proposed measure shall be subjected to the Period of
Debate and Period of Amendment. During the period of debate, members are allowed to speak
for five (5) minutes per turn and he/she may be allowed to speak again up to three (3) times only
to give all members equal opportunity to deliberate on the measure. Thereafter, the Chairperson
or other members shall recommend the approval of the measure on “second reading”.

D. Third and Final Vote

Step 5. Upon reading of the proposed measure, the Presiding Officer puts the question to
a vote. The Presiding Officer then finally, announces the result of the voting.

E. Approval of Ordinance and Resolution.

Step 6. Every ordinance or resolution enacted by the SB is then presented to the Local
Chief Executive (LCE) for approval. If the LCE approves the same, he shall affix his signature

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on each and every page thereof, otherwise, he shall veto it and return the same with his
objections to the SB, which may proceed to consider the measure. The SB may override the veto
of the LCE by a two-thirds (2/3) vote of all its members thereby making the measure effective
for all legal intents and purposes. The veto shall be communicated by the LCE to the SB within
ten (10) days, otherwise, the ordinance shall be deemed approved as if he had signed it.

Step 7. Within thirty (30) days after receipt of copies of such ordinances or resolutions,
the Sangguniang Panlalawigan concerned shall examine the documents. If however, the
Sangguniang Panlalawigan fails to take action thereof, the same shall be considered approved.
An ordinance or resolution of the SB approving Local Development Plan and Public Investment
Program shall be submitted to the Sangguniang Panlalawigan for review by the Secretary to the
Sanggunian within three (3) days after its approval.

F. Effectivity of Approved Ordinances and Resolutions.

Step 8. (a) Unless otherwise stated, the Ordinance or the resolution approving the Local
Development Plan and Public Investment Program, the same shall take effect after ten (10) days
from the date copy thereof is posted in a bulletin board at the entrance of the municipal hall and
in at least two (2) other conspicuous places within the territorial jurisdiction of the local
government unit of Lupon.

(b) The Secretary to the SB shall cause the posting of an ordinance or resolution
in the bulletin board at the entrance of the Municipal Hall and in at least two (2) conspicuous
places in the LGU not later than five (5) days after approval thereof. The text of the ordinance or
resolution shall be disseminated and posted in Filipino or English or dialect understood by the
majority of the people of the LGU concerned and the Secretary to the SB shall record such fact
in a book for the purpose, stating the dates of approval and posting.

RULE – XII
MOTION AND PRECEDENCE

SECTION 1. The order of precedence of motions shall be as follow:

PRIVILEGED MOTIONS
(1) Fix the time at which to adjourn
(2) Adjourn
(3) Take a Recess
(4) Raise a question of Privilege
(5) Call for the Order of the Day
SUBSIDIARY MOTIONS Order of Precedence
(6) Lay on the table
(7) Call for the Previous Question
(8) Modify the Limits of Debate
(9) Postpone Definitely
(10) Commit or Refer to a Committee
(11) Amend (unadopted questions)
(12) Postpone indefinitely

MAIN MOTION
(13) General Main Motions
- Specific Main Motion
- Taken from the table
- Reconsider Collectively
- Reconsider and have entered on the Minutes ranked number
- Rescind or Repeal 13 with no order
- Expunge of precedence
- Adopt a Committee Report or a Resolution
- Amend (adopted question)

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 - Adjourn (if qualified)

(14) Incidental motions have no individual or collective ranking and, therefore,

have no order of procedure. They arise only incidentally out of the pending question.

- Suspend the Rules

- Withdraw or Modify motion
- Point of Order
- Parliamentary Inquiry
- Appeal the Decision of the Chair
- Divide the House
- Divide the Question

RULE – XIII
DECORUM OF DEBATE

SECTION 1. When a member desires to speak on motion to the SB he shall raise his
hand and seek recognition from the Presiding Officer.

SECTION 2. During debate, any member who wishes to ask question or interpellate
should address himself to the Presiding Officer, and the latter shall ask the person to be
interpellated if he desires to yield. Members shall refer to one another in the third person such as
“Gentleman”, “Lady”, “Honorable” and “Your Honor”.

SECTION 3. Relevance of statements, deliberation and discussion to the issue or issues

being treated must be observed always with civility, integrity and honesty.
SECTION 4. Authors or Members of the Committee sponsoring the measure are not
allowed to speak against their own motion.

SECTION 5. No member can be deprived of his right to participate in the debate or

discussion, provided however, that the time limit of five (5) minutes for any debate shall be
observed as set by the Chairman on Rules, except on urgent matters involving public interest
when time extension is approved by majority of the members present.

SECTION 6. Debate must be impersonal. A member’s motive in relation to a pending

question must not be inquired into or remarked upon, neither the use of offensive language
inconsistent with the decorum and dignity of a member.

SECTION 7. No motion to adjourn must be recognized if someone has the floor.

SECTION 8. If any member who has the floor shall transgress the herein rules of debate,
the Presiding Officer on his own initiative shall decide on the issue.

SECTION 9. The Presiding Officer shall, at all times, maintain impartiality in dealing
with the members of the Sanggunian in session. He shall see to it that the rights of the members
are respected and protected.

SECTION 10. Exercise of right has a limit.

RULE –XIV
QUESTION OF PRIVILEGE

SECTION 1. Question of Privilege shall be:

a. Those affecting the right of the Sangguniang Bayan, its safety, dignity and the
integrity of its proceedings.

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 b. Those affecting the rights, reputation and conduct of any member of SB,
individually or collectively, and shall have precedence over all questions, except motions “to
adjourn” or call for a recess.

RULE – XV
VOTING

SECTION 1. In calling for a vote, the chair shall put the question to the body to wit:
“As many as are in favor for the proposed measure, please raise their right hands”, and after the
affirmative vote is expressed; “As many as are opposed, may do the same”. However, upon
request to the presiding officer, nominal voting may be required by any member and it is non-
debatable.

SECTION 2. The affirmative and negative votes, as well as the name of the members
voting shall be taken down by the Secretary to the Sanggunian, and the Presiding Officer shall
then announce the result to the body.

SECTION-3. No motion except on the existence of quorum shall be entertained during

voting.

SECTION 4. Tie Vote. A tie vote resulting from a vote taken on any motion, measure or
proposal shall be construed to mean that the particular motion, measure or proposal is defeated,
unless the Chair decided to break it. Exception to this rule is when a “Motion to appeal from the
decision of the Chair” is put to a vote and it resulted in a tie. In this case the tie vote is
considered to sustain the decision of the Presiding Officer.

SECTION 5. Breaking a Tie. In case of tie, the Presiding Officer of the Sanggunian is
allowed to cast his vote if he so desires. He is however, precluded under existing laws to cast his
vote in order to create a tie.

SECTION 6. Voting Restrictions. No member can vote or be allowed to vote on any

measure in which he or any of his relative within third degree of consanguinity or affinity has
direct or personal pecuniary interest. This rule, however, does not apply in voting for elective
positions in the Sanggunian where a member, as a matter of right, can vote for himself.

SECTION 7. Change of Vote. A member may change his vote but only when the result
of the voting has not yet been announced by the Chair. Otherwise, he can only change his vote
by a unanimous consent of members present. Provided that this rule shall not be applied if voting
is by ballot.

SECTION 8. Vote by Late-comer. A member who comes in late during the session but
who happens to arrive while voting is in progress shall be allowed to vote after he has been
briefed by the Secretary to the Sanggunian, provided that the result of the voting has not yet been
announced by the Chair.

SECTION 9. A member who has been counted as present during the roll call but is
outside the Session Hall during the voting process, his vote shall be considered as affirmative.

SECTION 10. Allowable Motion during Voting. Except for a motion pertaining to a
question of quorum, no other motion shall be entertained by the chair while voting is in progress.

SECTION 11. Abstention Indubitably. A member of the Sanggunian is representing the

people and not necessarily his own self and as such he should be required to take a stand, one
way or the other, on every issue or measure submitted for decision to the August Body. Hence,
an abstention by the member is equivalent neither to an affirmative nor a negative vote.

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 RULE – XVI
ATTENDANCE AND CONDUCT OF MEMBERS

SECTION 1. Attendance in the session shall be the principal function of all members.
Display of disorderly behavior during session and absence without justifiable cause of any
member for four (4) consecutive sessions shall be punished with censure, reprimand or excluded
from the session, provided however, penalty of suspension for not more than sixty (60) days or
expulsion shall require the concurrence of at least two-thirds (2/3) vote of all Sanggunian
members; provided further, that a member convicted by final judgment of imprisonment of at
least one (1) year for any crime involving moral turpitude shall be automatically expelled from
the Sanggunian.

SECTION 2. Punctuality and discipline during session shall be strictly observed by all
members including the Vice Mayor. For any member who comes in late or who fails to arrive at
the time of Roll Call, one asterisk (*) shall be placed after his name in the attendance. If he
leaves the session before adjournment, he shall received two asterisks (**) after his name and
shall incur a penalty of P1,000.00 for 1st offense, P2,000.00 for 2nd offense and P3,000.00 for 3rd
offense and suspension for 3 months from sessions. Accordingly, only a resolution coming from
the SB can exonerate him/her from such irregularities.

SECTION 3. Members who are on official business during the said session shall render
report to the Sanggunian in the succeeding session in order to apprise the members of the nature
of his authorized business/travel.

SECTION 4. The session hall must be a “Smoke Free” area at all times. Members who
may wish to smoke during recess must look for a smoking area outside the hall.

SECTION 5. All mobile phones must be turned-off or in silent mode during sessions.

RULE – XVII
APPEARANCE OF NON-MEMBERS AND GUESTS

SECTION 1. At the instruction of the Presiding Officer, or at least two (2) members of
the SB or by the body thru an appropriate resolution, a written request shall be made addressed to
the Local Chief Executive for the appearance of any department head or other officials of the
Municipal Government before the body. The Secretary shall then serve the appropriate request
for appearance, to appear before the body or any of its committee, designating the date, hour and
place of such appearance.

SECTION 2. Persons may be invited to appear in the session stating the purpose of his
attendance, the documents and the necessary information needed by the SB in aid of legislation.

SECTION 3. Guests, knowledgeable persons or technical men and others, whose

appearance before the SB is desired by the body, or its committee in connection with their
official functions, shall be invited likewise under the name and seal of the SB.

SECTION 4. Guests from different barangays and agencies of the government will be
duly acknowledged and may be entertained accordingly during the Question Hour, if the August
body so desires.

SECTION 5. To ensure orderly conduct of sessions, solicitations made by the staff or

any person may be entertained by the Sangguniang Bayan members only after the adjournment
of sessions.

RULE -XVIII
ATTIRE

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 SECTION 1. All members of the SB when attending session must be in proper attire in
consonance with the dignity and prestige of the Sangguniang Bayan and being a legislator.

a.) Formal attire for male members

- Slacks pants
- Long and/or short sleeve Barong Filipino or any
long sleeve
- Leather/leatherette shoes

b.) Formal attire for female members

- Long sleeve Blazer with Skirt or Slacks
- ¾ sleeve Barong Filipino with Skirt or Slacks
-Open or closed heeled shoes or wedge

SECTION 2. Members not in proper attire shall be banned from joining the session and
from participating in deliberation by the Presiding Officer, upon recommendation by the
Chairperson of the Committee on Rules and Privileges, Laws and Ordinances or by any member
present.

RULE – XIX
HEARING OF CASES

SECTION 1. In conducting hearings of administrative cases, the following basic

procedures shall be followed:

1. Within seven (7) days after the administrative complaint is file, the Sangguniang
Bayan shall require the respondent to submit his verified answer within fifteen (15)
days from receipt thereof;
2. Within ten (10) days after receipt of respondent’s answer, hearing shall commence;
3. No hearing shall be held within ninety (90) days immediately prior to any local
election;
4. Parties may be required to be represented by counsel;
5. The venue of hearing shall be the place where the Sangguniang Bayan concerned is
located;
6. Complainant first present his evidence, and may be cross-examined by the opposing
counsel and after complainant rests his case, respondent presents his defense and may
be cross-examined by complainant’s counsel;
7. After respondent’s presentation of evidence, he rests his case. Both are required to
submit simultaneously their respective memoranda. However, parties are not
precluded to present rebuttal or sub-rebuttal witness and after which position papers
may be presented and the case is deemed submitted for resolution;
8. In resolving the case, the facts and the law must be cited in the decision;
9. All other pertinent rules not herein provided, the rules of court shall apply as
suppletory in character.

RULE – XX
JOURNAL AND RECORD OF PROCEEDINGS

SECTION 1. Record of Proceedings. The Sanggunian shall keep a “journal and record
of its proceedings” which shall be under the responsibility of the Secretary to the Sanggunian.

SECTION 2. Minutes. In addition to the “journal of proceedings” which is required by

R.A. 7160 to be kept, the Sanggunian thru its Secretary shall also record its proceedings in the
form of a “minutes” which shall be submitted by the Secretary to the Sanggunian for appropriate
action and shall be distributed to the members one (1) day before the succeeding session.

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 SECTION 3. Reading and Consideration of Minutes and Journal of Proceedings. The
Secretary to the Sanggunian during its succeeding Regular Session shall submit the Minutes and
the Journal of Proceedings of the previous session. The Sanggunian shall first determine if there
are corrections to be made on the Minutes and act on it accordingly before the same is adopted
by the body and becomes it property. Consideration of the Minutes shall not be dispensed with.
Reading of the Minutes “Verbatim” may be dispensed with if the members were already
furnished copy thereof beforehand. Being all responsible, the members of the SB are presumed
to have read the Minutes before the session. The members present shall act upon the Minutes
submitted by the Secretary and affixed their signatures upon their approval of the same.

SECTION 4. Contents of Minutes – The Minutes shall contain the following

information:
a. Place, date, and time of the session;
b. Whether the session is special or regular;
c. Names of the members present therein, those who were absent and those on
official business;
d. Action taken on the Minutes of the previous session including the correction,
if any, and indicating names of those who adopted (or approved) the Minutes
under consideration and those who did not;
e. List of every measure (resolution or ordinance, etc.) adopted or enacted;
f. Brief summary of the minority opinion, if any;
g. The “ayes” and “nays” or “yes” or “no” votes on every question or measure
and if voting is done thru nominal, or roll call vote, the names of those who
voted on either side;
h. All motions presented or proposed whether lost or carried, except those
withdrawn;
i. Full text of the veto message of the LCE, if any; and
j. Time of adjournment.

RULE – XXI
SUPPLEMENTARY PROVISIONS

SECTION 1. In matters not provided in this Internal Rules of Procedure, the Robert’s
Rules of Order shall apply in supplemental manner.

RULE – XXII
AMENDMENTS

SECTION 1. Any amendment to these rules may be adopted by the body upon approval
of the majority of its members present, there being a quorum.

RULE – XXIII
EFFECTIVITY

SECTION 1. These Internal Rules of Procedure shall take effect immediately upon its
adoption by the Sangguniang Bayan of Lupon, Davao Oriental.

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