“MUNICIPAL ORDINANCE NO.

2022-07-088

ADOPTING THE 6TH REVISION OF THE INTERNAL RULES OF PROCEDURE OF

THE SANGGUNIANG BAYAN OF SERGIO OSMEŇA, ZAMBOANGA DEL NORTE

In pursuance to the provisions of Article 103, Rule XVII of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, thru the motion of Honorable
Amomormeo B. Butalid, duly seconded by Hon. Zosimo G. Palomares, Jr.. it was-

RESOLVED, as this body hereby done to adopt THIS 6TH REVISED

INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG BAYAN OF SERGIO
OSMEŇA, ZAMBOANGA DEL NORTE

RULE I
TITLE AND CONSTRUCTION

SECTION 1. Title. - These rules shall be known as the 6th Revised Rules of
Procedure of the Sangguniang Bayan of Sergio Osmeňa, Zamboanga del
Norte.

SECTION 2. Construction. - These rules shall be liberally construed to promote

their object and to aid the Sangguniang Bayan in obtaining a just, speedy, inexpensive
and democratic deliberation, consideration, passage and adoption of policies, programs
of government, ordinances, resolutions, measures before it, and in conducting public
and administrative hearings, as well as in the promulgation of proper decorum,
discipline and conduct during regular or special session by the members of this
Sangguniang Bayan. The construction of the provisions of these Rules shall not be
exclusive, but correlative with other provisions, to give full meaning and effects
thereof.

RULE II
COMPOSITION, RIGHTS AND DUTIES

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SECTION 1. Composition. - Unless otherwise provided by law, the Sangguniang

Bayan of Sergio Osmeňa, Zamboanga del Norte shall be composed of the Municipal
Vice Mayor as the Presiding Officer, eight (8) regular sanggunian members and the
non-regular members as ex-officio members, namely: the president of the municipal
chapter of the Liga ng mga Barangay, the President of the Pambayang Pederasyon ng
mga Sangguniang Kabataan and the representatives from the women sector, the agricultural
workers sector and the Indigenous Cultural Communities sector which are to be elected pursuant to
law.

SECTION 2. Term of Office. - The term of office of the regular members shall be three
years, which shall commence, unless otherwise provided by law, at noon of the thirtieth day of
June next following their elections.

SECTION 3. Rights and Obligations of Members. - In addition to the rights and

privileges granted to them by existing laws, the members of the Sangguniang Bayan of
Sergio Osmeňa, Zamboanga del Norte shall enjoy the right to participate in the
deliberations during sessions, to vote for or against or abstain from voting on every
question or issue before it, unless he has a direct or indirect personal or pecuniary
interest therein, in which case, he shall abstain from participating in the deliberation
and/or voting.

It is the obligation of every member to be present in every session (regular or

special) of the Sangguniang Bayan, unless on official travel, leave or expressly excused
in writing by the Presiding Officer and duly affirmed by the body, or prevented from
doing so by reason of force-majeure, sickness or other causes beyond his control and
considered valid and meritorious by this Sanggunian.

RULE III
OFFICERS

SECTION 1. The Officers. - The Officers of the Sangguniang Bayan are the
Presiding Officer and the Floor Leader.

SECTION 1. The Presiding Officer. - The Vice Mayor shall be the Presiding Officer of the
Sangguniang Bayan. The Presiding Officer shall vote only to break a tie. He/she cannot relinquish
the Chair and participate in the deliberations of the Sanggunian.

In the event of the inability of the Vice Mayor to act as Presiding Officer, the Sanggunian Members
present and constituting a quorum, shall elect from among themselves a temporary presiding
officer, immediately after the Sanggunian Secretary shall have called the session to order and
called the roll. The acting or temporary presiding officer shall not vote even in case of a tie but shall
certify within ten (10) days from their enactment or adoption all ordinances and resolutions passed
by the Sanggunian in the session over which he temporarily presided.

SECTION 3. Powers and Duties of the Presiding Officer. - The Presiding Officer
shall:

a. Preside in all sessions of the Sanggunian subject to the provisions stated

elsewhere in these rules;

b. To announce the business in the order in which it is listed in the Calendar of

Business/Agenda. This duty may be delegated to the Floor Leader;

c. To recognize any member who is entitled to the floor;

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d. To state all questions before the Sanggunian or refer the reading thereof to
the Secretary to the Sanggunian and put the same to a vote when regularly
moved and announced the result thereof;

e. To expedite legislative business compatible with the rights and privileges of

the members, allowing brief and relevant remarks in pending debatable
motions or questions;

f. To enforce at all times order and decorum during the session of the
Sanggunian;

g. To rule on all questions pertaining to the orderly proceedings in the session of

the Sanggunian, subject to appeal by any member of the Sanggunian.
 Provided, that the member appealing may explain his appeal for not more
than three (3) minutes; Provided, further, that said appeal shall be decided
by a simple majority vote of the members present constituting a quorum.

h. To attest to all official acts of the Sanggunian; Provided that, the failure to
authenticate shall not invalidate the official act of the Sanggunian, unless
otherwise provided by law;

i. In case of emergency when session is not feasible because of riots, serious

disorder, force-majeure and the like, to declare the session adjourned to
some other time and place;

j. To exercise and perform the powers and functions which may be assigned to
him by the Sanggunian from time to time and those inherent and incidental
to the Office of the Presiding Officer.

SECTION 4. Vote of the Presiding Officer. - The Presiding Officer shall have no right
to vote on any question, except in case of a tie. He may explain his vote for not more
than three (3) minutes.

SECTION 5. Disqualifications. - The Presiding Officer shall be disqualified to preside

and refrain from presiding the sanggunian session when he has direct or indirect
personal pecuniary interest on any matter pending before it for consideration, in which
case, the members present and constituting a quorum shall elect from among
themselves a Temporary Presiding Officer to preside only on the matter in which the
Presiding Officer has interest. After the matter is resolved, the Temporary Presid0ing
Officer shall automatically yield the Chair to the Presiding Officer. The Temporary
Presiding Officer 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.

The disqualified Presiding Officer and the Temporary Presiding Officer shall have no
right to participate in the deliberation and may vote only to break a tie.

SECTION 6. The Floor Leader. - There shall be a Floor Leader in this Sanggunian to
be elected by a majority votes of all the Members of this Sanggunian, upon nomination
by any Member.

SECTION 7. Term of Office. - The term of office of the Floor Leader is co-terminus
with his term as Sanggunian Bayan Member as provided by law, unless sooner replaced
by a
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majority vote of all sanggunian members upon nomination of any member on a vote of
confidence.

SECTION 8. Powers and Duties of the Floor Leader. – The Floor Leader shall have the
following powers and duties:

a. Certify the calendar of business before the start of the session, except the
agenda for Special Session which is already specified in the Call;
 b. Assist the Presiding Officer or whoever is acting as such during the session of
the Sanggunian;

c. To seek recognition from the chair for any member of the sanggunian who
may wish to take the floor;

d. To equitably distribute from among all the members the opportunity to be

recognized by the Presiding Officer to sponsor resolutions on matters being
calendared during the session; Provided that, the member who sponsored or
authored a particular subject matter which is included in the agenda must be
recognized to pursue the same during the session; and

e. To perform such other duties incident to the office of the Floor Leader and
such other powers and duties which the sanggunian may assign to him from
time to time.

SECTION 9. In the Case of the Absence of the Floor Leader.- In the event of the
absence or inability of the regular Floor Leader to perform his functions, the members
present constituting a quorum shall elect from among themselves a temporary Floor
Leader who shall assume the duties and responsibilities of the regular floor leader for
that particular session only.
RULE IV
SECRETARIAT

SECTION 1. The Secretariat of the Sangguniang Bayan .- There shall be a Secretariat

in the Sangguniang Bayan to be headed by the Secretary to the Sangguniang Bayan
mentioned in Section 469 of R.A. 7160 and a number of personnel force consistent with
the approved staffing pattern of that body.

SECTION 2. Powers and Duties. - The Secretary to the Sanggunian shall have the
following powers and duties:

a. Attend all sessions of the Sanggunian and keep a journal of its proceedings;

b. Certify the minutes and journal of the Sangguniang Bayan;

c. Prepare the Calendar of Business and submit the same to the Floor Leader,
for certification at least One (1) day before the session of the Sanggunian;

d. During the session of the Sanggunian, upon request of the Presiding Officer,
to call the roll of the members, read the minutes of the previous meeting
when so required by the presiding officer, as well as communications, and
restate motions pending discussions upon request of the chair;

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e. Notify all members of the Call of Special Session, schedule of committee

hearings and other official functions requiring attendance of the members;

f. Act as the official custodian of all the properties, records and documents of
the sangguniang bayan;
 g. Keep a complete record of the proceedings of the sanggunian otherwise
known as the journal;

h. Provide each member of the sanggunian the minutes of the session;

i. Certify all copies of documents requested by any person upon approval of the
Municipal Vice Mayor and payment of the required fees as may be provided
for by an ordinance of the sanggunian;

j. Carry out and enforce the orders of the Sanggunian and/or its Presiding
Officer;

k. Receive communications and official papers addressed to the secretary to the

sanggunian and act on its correspondingly, and those addressed to any
member of the body coursed through his office and properly forward the
same to said member;

l. Perform such functions as may be provided for by law, ordinance or

resolution of the sanggunian;

RULE V
COMMITTEES

SECTION 1. The Standing Committees of the Sangguniang Bayan. - Unless

otherwise provided by an ordinance, the following regular committees of the
Sanggunian are hereby created:

a. Committee on Finance, Appropriation, Ways and Means;

b. Committee on Public Works, Infrastructure and Public Utility;

c. Committee on Natural Resources, Environmental Protection and

Development;

d. Committee on Health, Social Services, Population and Human Settlement,

Urban
Housing and Development;

e. Committee on Barangay Affairs and Community Development;

f. Committee on Economic Development, Commerce, Industry, Labor and

Tourism;

g. Committee on Laws, Ordinances, Resolutions, Rules and Style;

h. Committee on Police, Peace and Order;

i. Committee on Education and Culture;

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j. Committee on Good Government, Human Rights and Discipline;

 k. Committee on Administrative Services and Re-Organization;

l. Committee on Women, Senior Citizens, Muslim Affairs and Indigenous

Cultural Communities;

m. Committee on Agriculture, Food Security and Cooperative Development;

n. Committee on Youth and Sports Development;

o. Committee on Transportation and Communications; and

p. Committee on Disaster Risk Reduction and Management.

Each Committee shall be composed of a Chairman and Two (2) Members.

The Sangguniang Bayan may create a special committee from time to time for
a special purpose.

SECTION 2. The Jurisdiction and Function of the Sanggunian Committees.- The

jurisdiction of the sanggunian committee shall cover those legislation and related
matters which may be assigned and referred to them by the sangguniang bayan. Upon
receipt of such assignment or referral, the committee shall conduct study, hearing if
necessary, and make written recommendation to the sangguniang bayan. Except as
may be provided in the assignment or referral, the committee shall act on all matters
assigned or referred to it within twenty (20) days from receipt thereof and submit its
written recommendation to the sangguniang bayan within the same period.

SECTION 3. Membership. - For each and every committee so created under this
ordinance shall be composed of one (1) Chairman and two (2) Members, duly elected
from among the regular and ex-officio members of the sanggunian, with the exception
of those committees whose chairmanship is reserved by law for a particular
sanggunian member, like the Committee on Barangay Affairs and Community
Development whose chairmanship automatically belongs to the incumbent Municipal
Liga President. The Chairmanship of the Committee on Youth and Sports Development
automatically belongs to the duly elected Municipal Sangguniang Kabataan Federation
President.

SECTION 4. Hearings. - The committee upon which a particular subject matter has
been referred for study and for appropriate recommendation before the plenary, may
conduct committee hearings to clarify matters in aid of legislation, at the Office of the
Sangguniang Bayan or at such other place as may be designated by the majority votes
of its Membership. The Secretary to the Sanggunian shall see to it that the concerned
committee is provided with a clerical staff and that all its proceedings are properly
recorded.

During the committee hearing, upon request of the committee chairman, the secretary
shall assign any of his clerical staff, preferably a stenographic reporter, if any, to record
the proceedings thereof. During hearings, the committee, thru its chairman, may cause
the appearance before it, any government officers or employees and such other
persons or parties, receive evidence and take testimonies of witnesses under oath.
Whenever necessary, the committee, thru its chairman, may seek the assistance of the
Municipal Mayor or the Chief of Police for the attendance or to cause the appearance of
government
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officers or employees and witnesses during committee hearings, and forthwith, the
municipal mayor or the chief of police, as the case maybe, shall give the assistance
needed.

RULE VI
AGENDA/CALENDAR OF BUSINESS

SECTION 1. Preparation and Submission. - At least 3 days before every regular

session except in the case of a special session when the agenda is stated on the call,
any member of the sanggunian, including the presiding officer, may submit a proposal
for the enactment in a form of a written draft resolution or ordinances, to the secretary
to the sanggunian who shall include the same in the agenda/calendar of business for
the coming session.

SECTION 2. Contents of the calendar of business. - The Secretary to the Sanggunian

shall prepare the calendar of business for certification by the Floor Leader, which shall
contain the following:

a. Resolutions, ordinances and executive orders coming from the barangays

which are submitted for review and appropriate action by the sanggunian;

b. Proposal for enactment sponsored by a member of the Sangguniang Bayan;

c. Proposal for enactment or action submitted by the Municipal Mayor or from

any head of office of the municipality;

d. Letters, communications and other matters which need the attention of the
Sangguniang Bayan.

SECTION 3. Urgent Matters. - Other matters, which may arise before or during the
session of the Sanggunian after the preparation of the calendar of business, may be
included therein, if certified as urgent for immediate enactment by the Local Chief
Executive or by the Majority of the Sangguniang Bayan Members or by amendment of
the calendar of business.

RULE VII
SESSIONS OF THE SANGGUNIAN

SECTION 1. Regular Session, Date and Time. - The Sangguniang Bayan shall meet in
regular session every Monday at 9:30 in the morning at the Session Hall of the
Sanggunian, except when said day falls on a non-working holiday, in which case, the
regular session shall take place on the following Monday.

SECTION 2. Special Session. - As often as necessary, when public interest so

demands, special sessions may be called by the Municipal Mayor or by the Majority of
the Members of the Sanggunian. The Mayor, in making a call for special session, shall state
in writing the proposed measure with justification as to its urgency, and may authorize the
Vice Mayor to send the notice of special session to the concerned sanggunian members.

The call for special session shall state the date, time and purpose of the meeting
which shall be served personally to the sanggunian member 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.

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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 3. Fortuitous Event. - In case of fortuitous event or force-majeure and the

regular session was not held on the day stated under Section 1 of this rule, a special
session may be called in the manner provided under section 2 of this rule.

SECTION 4. Opening of the Session. - The Presiding Officer shall open the session by
banging the gavel and announcing “the body is now in session” or words of similar
import.

SECTION 5. Quorum. - A majority of all the members of the Sanggunian present who
have been elected and qualified shall constitute a quorum to transact official business. Should a
question of quorum be raised during session, the presiding officer shall immediately proceed to call
the roll of the members and thereafter announce the results.

In the absence of a quorum, the Presiding Officer may declare a recess until such time
that a quorum is constituted or a majority of the members present may adjourn from
day to day and may compel the 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 municipality, to fetch the absent member
and present him at the session
If there is still no quorum despite the enforcement of the immediately preceding
paragraph, 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.

SECTION 6. Session Open to the Public. - All sessions of this sanggunian shall be
open to the public unless a closed door session is ordered by the affirmative vote of a
majority of the member present, there being a quorum, in the public interest or for
reasons of security, decency or morality. No Two (2) sessions, whether regular or
special, may be held in a single day.

SECTION 7. Closed Door Session. - Only the SB Secretary, the clerks and the
stenographers on duty and persons specifically authorized by the sanggunian shall be
admitted to a closed door session and all of them shall preserve the secrecy on
whatever may be discussed, read or said during the session until the Sanggunian shall
lift the injunction of secrecy.

SECTION 8. Suspension. - No session shall be suspended except upon direction of

the Presiding Officer through the majority vote of the sanggunian members present, but
the Presiding Officer may call for a short recess from time to time, in the interest of its
orderly proceeding.

SECTION 9. Adjournment. - The session shall be ended either by a motion of any

member of the sanggunian or through an assumed motion of the Presiding Presiding
Officer.
SECTION 10. Wearing of Uniform during Session.- During sessions, male members of
the Sangguniang Bayan shall wear Barong Tagalog and the female members formal
attire.

SECTION 10. – The exact time of the opening and the adjournment of the session
shall be recorded in the journal.

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RULE VIII
THE SESSION HALL

SECTION 1. Place of the Session. - Until otherwise provided by a resolution, the

session hall of the sanggunian shall be at the Legislative Building in Poblacion Alto, this
municipality.

SECTION 2. Sanggunian Offices. - As far as practicable, the Municipal Vice Mayor,

the SB Secretary and each member of the sanggunian shall be provided with a suitable
table and office.

SECTION 3. Session Hall. - The Session Hall of the Sanggunian must be spacious and
dignified.

RULE IX
ORDER OF BUSINESS

SECTION 1. Order of Business During Session. - The Order of Business during the
session of the Sangguniang Bayan shall be as follows:

a. Calling to order;
b. Opening Meditation;
c. Determination of Quorum;
d. Approval of the Calendar of Business;
e. Adoption of Previous Minutes;
f. Reading of letters and other communications which need the immediate
attention of the Sanggunian;
g. Privilege Period, if any;
h. Review of Barangay Ordinances and Resolutions;
i. Sangguniang Bayan Resolutions recommended for approval;
j. First Reading of Proposed Ordinances/Resolutions and Referral to Committee;
k. Second Reading of Proposed Ordinances/Resolutions as reported by
Committee;
l. Third and Final Reading of Proposed Ordinances and Resolutions;
m. Adjournment.

SECTION 2. Copy of Minutes. - The Secretary to the Sanggunian shall furnish all
members of the Sanggunian copies of the minutes of the previous session not later
than a day before the start of the next session with which the same is to be adopted by
the body.

SECTION 3. Privilege Period. - Any member of the sanggunian may avail of the
privilege period in the order stated under Section 1 of this rule, which shall not last for
more than Ten (10) Minutes unless such period, upon motion, is extended by the
Majority Votes of this sanggunian. Only one privilege speech shall be allowed in every
session.

Any member who may wish to avail of the privilege period shall communicate his desire
in writing to the secretary to the sanggunian at least three (3) days before the session,
subject however, to priority scheduling and approval by the presiding officer.

A member availing of the Privilege Period, shall yield to interpellations by any member
of the Sanggunian, which period of interpellations may not exceed ten (10) Minutes

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A resolution may be introduced and passed by the sanggunian which has relevance to
the subject matter discussed during the privilege period.

After the privilege period, the sanggunian shall proceed to treat, deliberate and
consider each business in the order of preference provided in Section 1 hereof

RULE X
CONSIDERATION OF RESOLUTIONS
AND OTHER MATTERS

SECTION 1. Enactment of Resolution and Other Matters. - A proposed resolution or

any other matter introduced in the sanggunian for consideration, passage, or adoption
is considered approved by said body when not objected or upon the majority vote of
the members present, there being a quorum.

SECTION 2. Referral to Appropriate Committee. - Any proposed ordinance or

resolution or any other matter which requires action by the sanggunian may, before its
final consideration, be referred to the appropriate committee, or appropriate
government officer, for study and recommendation upon motion of any member and
duly approved by the body. Final consideration of said proposed resolution or any other
matter shall be made when the committee to whom it was referred shall have
submitted its written report or recommendation to all members of the body and that
the same is included in the agenda.

SECTION 3. Discussion and Deliberation. - When a motion is presented and it is duly

seconded, the same shall be opened for discussion and deliberation. The sponsor may
state his reasons for sponsorship for not more than three (3) minutes, after which
anyone in favor or against the proposed measure may interpellate him on any issue
relevant thereto for not more than two (2) minutes each.

SECTION 4. Period of Amendments. - After the proposed measure shall have been
discussed and deliberated, the period of amendment follows. Any provision of the
proposed measure may, by motion duly seconded, be amended by a majority vote of
the members constituting a quorum. Amendments may be further amended in the same
manner.

SECTION 5. Restatement of the Motion. - After the period of amendments, the chair
shall cause the motion, as amended or as further amended, to be re-stated. Thereafter,
the proposed measure shall be voted upon should there be any objection to its
approval.

SECTION 6. Motion to Close Debate. - After the proposed measure or amendment

shall have been fully discussed, the presiding officer or any member of the sanggunian
through a motion to close debate, duly seconded, may terminate further discussion. A
motion to close debate is undebatable.

SECTION 7. Motion to be Seconded. - No motion shall be considered by the

sanggunian unless it is duly seconded.

SECTION 8. Motion for further study. - In the course of the debate, deliberation or
discussion, whenever it appears that there are matters which need further study, the
proposed measure may not be considered further, but, upon motion duly seconded,
may
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be deferred for further study or referred back to a committee for further study and
appropriate recommendation.

SECTION 9. Written Messages and Communications. – Written messages and

communications addressed or indorsed to the sanggunian which require immediate
action shall, unless dispensed with by proper motion, be read in full before the body,
after which, appropriate action shall be taken on the same or it may be referred to the
appropriate committee for further study and recommendation.

SECTION 10. Consideration of Annual Budget and Supplemental Budget. - Before the
Annual Budget and/or Supplemental Budget submitted by the Municipal Mayor may
finally be considered by the Sanggunian the same shall first be referred to the
Committee on Finance, Appropriations, Ways and Means of this Sanggunian.

SECTION 11. Approval by the Municipal Mayor. - After the passage of any measure
by the sanggunian, the secretary shall forward the same to the Municipal Mayor for his
approval or veto within the period specified by law. The Municipal Mayor may veto in
whole or in part, any resolution or ordinance on the ground that it is ultra vires or
prejudicial to the public welfare, stating his reasons therefor in writing. Such veto,
including the reasons therefor, shall be reported to the sanggunian and included in the
agenda of the next session. After consideration, the sanggunian may override the veto
by Two Thirds (2/3) vote of all members thereof, in which case, the ordinance or
resolution shall take effect within the period fixed by law, unless the effectivity thereof
is otherwise provided in the ordinance or resolution overriding the veto.

RULE XI
ENACTMENT OF ORDINANCES

SECTION 1. First Reading. - In the enactment of a proposed ordinances, during

the first reading, the sponsor thereof, shall present, in a form of a motion, for its
passage on First Reading and shall state only its title. If the motion is carried, the
proposed ordinance in writing, may be referred to the appropriate committee by the
Presiding Officer for study, comment and recommendation.

SECTION 2. Second Reading. - The proposed ordinance, with the written

recommendation of the committee to which it has been referred, shall be calendared for
Second Reading. During this period, the sponsor of the proposed ordinance shall
present a motion to approve on Second Reading the Proposed Ordinance. Thereafter,
the whole text thereof, in sequence by sections, including the committee’s written
report, shall be opened to discussion, debate and amendment. The sponsor thereof, or
any member whom the sponsor may recommend to the chair for recognition, may take
the floor and shall present the proposed ordinance, state the sponsorship or
explanatory note thereof, for Five (5) minutes, then discuss and defend the proposed
legislation. During this period, the proposed enactment may be further referred to an
appropriate committee and/or other government office, if necessary. After the proposed
enactment is sufficiently discussed and debated, a motion to close the debate may be
presented, and such motion is approved, the proposed ordinance, upon the motion
originally presented by the sponsor, shall be voted upon. The secretariat shall retype
the proposed ordinance as approved on second reading and submit the same to the
style committee as provided under Section 3 hereof.

SECTION 3. Referral to the Committee on Laws, Rules, Ordinances,

Resolutions and Style - After the proposed ordinance is approved on Second Reading,
it may be referred to the committee on laws, rules, ordinances, resolutions and style for
final editing
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and preparation into final form. Thereafter, the committee shall transmit the final form
of the enactment to the secretariat for printing or typing into as many copies as there
are members of the sanggunian. It is the duty of the secretary to the sanggunian, after
such printing or typing, to calendar the proposed ordinances as finally printed, or
typewritten for third and final reading.

SECTION 4. Third and Final Reading - The sponsor of the proposed ordinance
shall present a motion for the passage thereof on third and final reading. After the
passage by the required number of votes, the proposed ordinance or resolution shall be
deemed enacted by the sanggunian. Thereafter, it shall be submitted to the Municipal
Mayor for his approval in accordance with Section 11, Rule XI of these rules.

RULE XII
MOTIONS AND THEIR PRECEDENCE

SECTION 1. Recording of Motions. - All motions shall be entered in the Minutes

of the Sanggunian, which shall be included in and form part of its journal

SECTION 2. Motions to be Entertained. - When the motion is under debate,

discussion or deliberation, no other motion shall be entertained by the chair except
motions to adjourn, to declare a recess, to lay on the table, to postpone consideration
until the next session, to close the debate to refer the same to the appropriate
committee for study and recommendation as provided for in Section 2 and 8, Rule XI of
this Rule. Motion to adjourn and motion to declare a recess shall take precedence, in
that order.

SECTION 3. Amendatory Motions. - During the period of amendment, a motion

to amend may be entertained and considered. A motion to amend an amendment may
be proper after the first amendment is adopted. No substitution or replacement of a
motion, in the guise of an amendment, shall be allowed. No motion, proposition or
recommendation, on any subject matter different from that which is under
consideration shall be allowed under color of an amendment.
 SECTION 4. Motion to read any part of the Rules. - Motion to read any part of
the rules is equivalent to a call to order and takes precedence over any other motion
other than a motion to adjourn.

RULE XIII
PRIVILEGE QUESTIONS

SECTION 1. Privilege Questions, Meaning. - Privilege questions are:

a. Those affecting the rights and integrity of the sangguniang bayan collectively,
its safety, integrity, honor, dignity and those affecting its proceedings;

b. Those affecting the rights, honor reputation and conduct of the individual
members of the sanggunian in his official and representative capacity.

SECTION 2. Privilege Question take Precedence. - Privilege questions shall have

precedence over all other questions, except motion to adjourn, but its proponent may
not be allowed to talk for more than Five (5) minutes.

SECTION 3. Who may rise on Privilege Questions. - Any member of the sanggunian,
may rise on a privilege question by stating “Mr. Presiding Officer, I rise for a
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question of personal or collective privilege” (As the case may be). With such
announcement it is mandatory upon the Presiding Officer to recognize said member
who shall then proceed to speak on the privilege question for not more than the period
stated in Section 2 hereof. Upon termination of his speech, he or any member thereof
may present a motion relevant to the privilege question, which if seconded, shall be
opened to discussion, debate or deliberation and to final vote, as in other motions.

RULE XIV
SUSPENSION OF THE RULES
AND DISCHARGE FROM THE COMMITTEE

SECTION 1. Motion to suspend the Rules, when proper. - motion to suspend the
rules shall not be entertained by the Presiding Officer unless seconded.

SECTION 2. Motion to suspend the Rules, required number of votes. - No rule shall be
suspended except by a vote of at least Two-Thirds of all the members present in the
session, there being a quorum.

SECTION 3. Motion to adjourn during pendency of the motion to suspend the rules. -
During the pendency of the motion to suspend the rules, a motion to adjourn may be
entertained but if defeated, no other motion may be entertained until a vote is taken on
the motion to suspend the rules.

SECTION 4. A motion to discharge a committee. - A member may move to discharge

a committee from the consideration of a proposed ordinance, resolution or other matter
which has been referred to it and which has not been acted upon within the period
mentioned in Section 2, Rule V of this Rules. If said motion is defeated, it is as if the
same was returned to the committee concerned.
 RULE XV
DECORUM DURING SESSIONS
AND DISCIPLINE

SECTION 1. How to recognize by the chair. - When a member desires to speak or

deliberate on any matter pending discussion in the sanggunian, he shall respectfully
address the chair, “Mr. Presiding Officer.”

SECTION 2. When two or more members wish to be recognized. - When two or more
members wish to be recognized at the same time, the presiding officer shall name the
member who is to speak first.

SECTION 3. Speaker’s Time Limit. - No member shall talk for more than Five (5)
minutes unless permitted by the presiding officer when there is no other speaker
seeking recognition or when there is no other business to be considered by the
sanggunian.

SECTION 4. Interpellation. - After being recognized by the Presiding Officer, any

member for or against a proposition may interpellate the proponent during the period
of discussion but not at any other time.

SECTION 5. When the speaker is out of order. - When the speaker speaks in
violation of any of the rules of the sanggunian, the presiding officer on his own initiative
or at the request of any member, may call him out of order, such call to order, is
subject to appeal
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to the members of the sanggunian and when the same is decided in his favor by
majority votes of the sanggunian upon motion duly seconded, he may continue to
speak but not otherwise.

SECTION 6. Call to order for word or words spoken in the debate.- If it is requested
that a member be called to order for word or words spoken in the debate, such word or
words, upon motion duly seconded and approved, may be stricken from the records but
said member may not be held to answer nor subject to censure by the sanggunian
therefor.

SECTION 7. Proper place during the session. - When the Presiding Officer formally
opens the sanggunian session, all members must be properly seated in their assigned
seats. No member shall pass between a member who has the floor and the Presiding
Officer of the Sanggunian.

SECTION 8. Unnecessary Remarks. - While the Presiding Officer is addressing the

sanggunian or putting a question to vote, no member shall make any unnecessary
remark.

SECTION 9. Acts that constitute disorderly conduct and behavior by any member. -
Without prejudice to other acts, not otherwise enumerated herein, and those provided
under Paragraph 5, Article 103, on the rules and regulations implementing the Local
Government Code of 1991, the following shall be deemed disorderly conduct and
behavior by any member to this sanggunian:
 a. Bringing of firearms, explosives and other classes of deadly weapons inside
the session hall, while the sanggunian is in session. Any member to this
sanggunian, before entering the premise of the session hall, during regular or
special session, shall cause to be deposited his firearms, or such deadly
weapon, to the Local PNP Office or to the Secretary to the Sangguniang
Bayan;

b. Any Sanggunian Member, who during the session, shall cause violent
disturbance or provoke interruption to the orderly proceedings of the session,
by shouting or uttering offensive words, provoke attack and assault or inflict
injury or bodily harm against any other member, or cause destruction to
properties, disrespectful and refusal to the lawful orders and rulings of the
Presiding Officer, in such nature and manner that would delay, obstruct or
dissolve the session;

c. Any sanggunian member, who during the session, and in the heat of anger
during the debate, shall orally threatened another member with some harm
upon his person, or his family and properly, which if done would amount to a
crime.

d. Any Sanggunian Member, who during the session, is found under the
influence of intoxicated liquor or drugs;

e. Any Sanggunian Member, who incurred frequent tardiness in his attendance

to the session, or play truant by going out in the session hall while the
session is in progress or will escape and will never return or abandon the
session before it is adjourned. A member, may however, be excused, with
prior leave or permission from the body, for him to go out early before
adjournment, upon justifiable cause, such as when he is sick, or has an
important official engagement that necessitates his attendance.

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SECTION 10. Penalty for disorderly conduct provided under Section 9 hereof. - The
Sanggunian may, with the concurrence of Two-Thirds (2/3) of all its members, censure,
reprimand, expel or suspend for not more than Thirty (30) days, any SB Member who
committed the acts defined in Section 9 hereof. During the period of his suspension he
shall not be allowed to take a leave of absence and shall not receive salary during the
period of his suspension.

SECTION 11. Disciplinary Action for Unjustifiable Absences. - Any member of the
Sanggunian may be disciplined for absences without justifiable cause for Four (4)
Consecutive Sessions, for which they may be censured, reprimanded, or excluded from
the session, suspended for not more than Sixty (60) days, or expelled; Provided, that
the penalty of suspension 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 to imprisonment of at least One (1) Year for any crime
involving moral turpitude shall be automatically expelled from the sanggunian.

RULE XVII
VOTING
 SECTION 1. Manner of Voting. – The Presiding Officer shall put a request to vote by
restating the same, or request the Secretary to restate it. Thereafter he shall proceed
to the division of the body by stating “Lets Divide the Body.”

Unless a motion is presented for vote by roll call, duly seconded and approved by
majority votes, the voting shall be by raising of hands. In voting by roll call the names
of each member, in alphabetical order, shall be considered. Each member, upon being
called, shall state verbally his vote to the question and if he so desires, explain briefly
the same in not more than Three (3) minutes.

In voting by raising hands, the Presiding Officer shall state “as many as are in favor
of the motion (state the motion or question), please raise your right hands”
and after the affirmative votes are counted, say “as many as are opposed, please
raise your right hands.” The number of the affirmative and negative votes cast shall
be counted and entered in the minutes. Any member who does not raise his hands shall
be considered to have abstained from voting.

SECTION 2. No further comment to be entertained by the chair after voting. - After

voting, no further comment shall be entertained by the Presiding Officer except to
explain one’s vote or abstention.

SECTION 3. Votes require - Unless otherwise provided by law, ordinance, resolutions

and these rules, simple majority votes of the members constituting a quorum shall be
sufficient to pass, adopt and/or approve an ordinance, resolutions, motion, measure
and all other questions.
RULE XVIII
ROLL CALL

SECTION 1. Calling of the Roll at the Start of Session.- At the start of the session of
the Sangguniang Bayan, the Presiding Officer may request the Secretary to call the roll
to determine if there is a quorum. After the roll call, the secretary shall report to the
presiding officer, whether or not there is a quorum. If there is none, the Presiding
Officer shall declare the session automatically adjourned for lack of quorum, which fact
must be entered in the minutes.
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RULE XIX
RECONSIDERATION

SECTION 1. Motion for Reconsideration who may File. - When a motion, resolution or
proposed ordinance has been adopted or lost, any member thereof voting with the
minority may move to reconsider the action taken by the sanggunian during the same
session. If such motion is duly seconded and approved by the majority votes of the
member present, the original motion, resolution, ordinance or measure shall be opened
for new debate. No second motion for reconsideration shall be entertained.

RULE XX
APPEARANCE OF HEADS OF MUNICIPAL OFFICES

SECTION 1. Appearance of Heads of Offices in the Municipal Government. - Any

Head of Office in the Municipal Government may be invited by the majority vote of the
Sanggunian Members present in the session. Such Head of Office so invited must
appear in the session of the sanggunian on the date specified in the request, unless
excused for reason of public interest duly certified by the mayor. When he so appears
at the session, he may answer questions asked of him by any member of the
sanggunian, or give information, or official documents, which may aid said body in its
legislative functions, subject to his constitutional rights.

SECTION 2. Appearance of Heads of Office in the Municipal Government or any

Person who may have some interest on any pending action in the Sanggunian. - Upon
previous written request duly approved by the majority votes of the members attending
session, any head of office of the municipal government or any person who may have
interest on any matter pending action by the sanggunian, may appear thereat and give
such body such information or documents relevant to his interest, which may in any
way help the sangguniang bayan resolve in any issue or matter pending thereat.

RULE XXI
DOCUMENTS AND PAPERS

SECTION 1. Any Document, Paper or Instrument presented to the Sanggunian during

its Session or Committee Hearing shall not be disposed of. - Any document , paper or
instrument presented during the session or committee hearing must be properly kept in
the files of the sanggunian by the SB Secretary for future reference. No such
documents, paper or instrument must be withdrawn from the files of the Sangguniang
Bayan without its authority and if so authorized by the majority votes of the members
attending the session, a certified copy thereof shall be retained in its file.

RULE XXII
WHEN A MEMBER IS DECLARED OUT OF ORDER

SECTION 1. When is a Member be declared Out of Order. - Any member of the

sanggunian who shall fail to observe the rules prescribed herein shall be declared by
the presiding officer out of order. Such declaration may be appealed immediately to the
members present in the session and forthwith the issue be submitted by the presiding
officer for voting. If the appeal is approved by majority vote, the ruling is deemed

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reversed, otherwise, it is sustained. Any member ruled out of order, if he has taken the
floor, must take his seat.

SECTION 2. Refusal to Abide by the Ruling of the Chair. - Any member who refuses to
abide by the ruling of the Presiding Officer, may upon motion duly seconded and
approved by the majority vote of the members present be meted out the penalty
provided under Section 10, Rule XV, hereof.

RULE XXIII
HEARING OF ADMINISTRATIVE CASES

SECTION 1. Rules Applicable in Administrative Cases. - The Rules and Regulations

under RA 7160, known as the Local Government Code of 1991, and the Civil Service
Law, shall be adopted and applicable in hearings of Administrative Cases falling within
the jurisdiction of the Sangguniang Bayan. In the absence of any Rule under said Law,
these Rule shall be applicable.

SECTION 2. Hearing of Administrative Cases. - The Sangguniang Bayan, in hearing

administrative cases falling within its jurisdiction, shall always sit en banc either in a
regular or special session.

SECTION 3. Complaint must be Verified - No cases shall be entertained unless the

complaint is in writing and verified. The charge or charges must be specified and
supported by affidavits of the complainant and his witnesses and if there are pertinent
documents, they must be submitted and attached to the complainant’s annexes. The
affidavits submitted shall form part of the direct testimony of the affiant upon which he
may be cross examined.

SECTION 4. Summons to be Issued - When the complaint is sufficient in form and in

substance, the sanggunian, thru the secretary, shall cause to be issued summons
attaching thereto the complaint and the affidavits supporting it, directing the
respondent(s) to submit within the period specified by law his answer which must also
be verified and his witnesses counter-affidavits and any other pertinent documents. The
same must be submitted to the sanggunian secretary accompanied with proof of service
of the copy of the answer and counter-affidavits and other pertinent documents and
papers copy furnished the complainant. The counter-affidavits of the respondent and
his witnesses shall form part of their direct testimony upon which he may be cross
examined.

SECTION 5. When Complaint or Answer not in Order. - When the complaint or

answer is not in order as provided for under the preceding sections, or not
accompanied by the required affidavits or counter-affidavits, the same must be returned
to the complainant or respondent, as the case may be, with instruction that the same
be properly accomplished in accordance with Section 3 and 4 of this Rule.

SECTION 6. Resolution of the Case based on the Complaint and Answer. - After the
issues are joined and based on the complaint and answer, together with the affidavits
and counter-affidavits and other pertinent documents submitted by the parties, a
decision can be arrived at without the necessity of the introduction of any other
evidence, the case may be submitted for decision.

SECTION 7. When Hearing is Necessary. - When the resolution of the case cannot be
had under Section 6 of this Rule, a formal hearing shall be conducted with proper notice
to
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the parties and their witnesses may be cross examined on the statements stated in
their affidavits and clarificatory questions may asked on matters not covered by the
affidavits or counter-affidavits. The testimony of witnesses must be under oath.

SECTION 8. When Respondent Fails to Answer. - If the respondent fails to answer

despite summons duly issued to him, the case shall be considered submitted for
decision based on the evidence of the complainant.

SECTION 9. Sanggunian may issue Subpoena. - In connection with its power to hear
administrative cases within its jurisdiction, the sanggunian thru the sanggunian
secretary, may issue subpoena ad testificandum or subpoena ducestecum.
SECTION 10. The Proceedings in Administrative Cases to be Recorded. - The entire
proceedings in administrative cases must be recorded and reflected on the minutes of
the sanggunian.

SECTION 11. Hearings of Administrative Cases, Public. - The hearing of

administrative cases which is summary in nature must be in public except when private
sessions is approved in accordance with Section 7, Rule VIII of these rules.

SECTION 12. The Decision. - When the case is submitted for decision, the members
of the sanggunian shall evaluate the evidence presented by the parties. After a
consensus or vote is reached as to the decision of the case, the writing of its draft shall
be assigned to a sanggunian member. The secretary shall then include the draft of the
decision in the agenda of the session for consideration of the members. A member who
disagrees with the majority’s consensus or vote, may submit his written dissenting
opinion which shall form part of the record of the case. If the majority draft is approved
by the sanggunian, it shall stand as the decision of the same, and shall be presented to
the members for signatures, taking into consideration any amendments made by the
sanggunian during the presentation of the draft. Members who finally disagree with the
majority’s decision, may make a consolidated or individual dissenting opinion in writing.

SECTION 13. The Period within which decision shall be made. - The decision of the
administrative case shall be made within the period provided by law.

SECTION 14. Applicability of the Rules of Court. - The provisions of the Rules of
Court in so far as they are applicable in administrative hearing, shall be applicable in
suppletory character or by analogy.

RULE XXIV
AMENDMENTS

SECTION 1. Amendment, how made. - Any amendment to these rules shall be

presented in writing and included in the agenda and shall be approved by the majority
vote of all the members of the sangguniang bayan. No amendment shall be presented
within Six (6) months after the approval of these rules or after the last amendment.

RULE XXV
TRANSITORY PROVISION

SECTION 1. Printing of these Rules and Distribution to Members. - After these rules
shall have been approved by the majority vote of all members of the sanggunian, the
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same shall be printed in sufficient copies by the secretary and each member of the
sanggunian shall be given at least One (1) copy. A copy shall be furnished the municipal
library and the library of the Integrated Bar of the Philippines, Zamboanga del Norte
Chapter.

SECTION 2. After approval of any amendments of these Rules. - After the approval of
any amendment of these rules in accordance with Section 1, Rule XXIV hereof, such
amendment shall be incorporated in this rules, and copies shall be distributed in the
same manner as in Section 1 of this rule.
RULE XXVI
REPEALING CLAUSE

SECTION 1. Repeal of Previous Rules Adopted. - All rules previously adopted by this
sanggunian are hereby repealed accordingly.

SECTION 2. The General Rules on Parliamentary Procedure. - The general rules on

parliamentary procedure are hereby adopted as supplementary to these rules.

RULE XXVII
EFFECTIVITY

SECTION 1. - These Revised Rules of Procedure of the Sangguniang Bayan of Sergio

Osmeňa, Zamboanga del Norte, shall take effect on July 25, 2022.

ENACTED: July 11, 2022

I HEREBY CERTIFY, to the correctness of the foregoing excerpt.

BRIGIDO D. LIM
CERTIFIED CORRECT SB Secretary
AS TO ITS PASSAGE:

WILBERT M. FUEGO, SR.

Mun. Liga Pres./Ex-Officio SB Member
(Temporary Presiding Officer)