Internal Rules of Procedures of the 7th Sangguniang Panlalawigan of Bulacan (2010 - 2013)
| RULE I COMPOSITION|| SECTION 1. The Sangguniang Panlalawigan of Bulacan, the legislative body of the Province, shall be composed of the following:
- The Provincial Vice-Governor as the Presiding Officer;
- The ten (10) elected Provincial Board Members from the four (4) districts of Bulacan;
- The President of the Liga ng mga Barangay, President of the Sangguniang Kabataan Federation and the President of the Provincial Councilors League of Bulacan.
| RULE II OFFICERS AND THEIR DUTIES|| SECTION 2. OFFICERS OF THE SANGGUNIANG PANLALAWIGAN. The following are the Officers of the Sangguniang Panlalawigan:
- Presiding Officer
- Majority Floor Leader
- Minority Floor Leader
SECTION 3. ELECTION OF OFFICERS. The Sangguniang Panlalawigan, in its first regular session immediately following the election of its members shall elect either by viva voce vote or by secret balloting, a Majority Floor Leader who shall come from the political party or group which commands a majority or predominance in the Sanggunian; a Minority Floor Leader who shall come from the political party or group constituting the minority of the Sanggunian; and the Chairmen and members of the standing committees unless otherwise provided by the Local Government Code and its implementing rules and regulations.
SECTION 4. DUTIES OF OFFICERS.
A. THE PRESIDING OFFICER. The Vice Governor shall be the Presiding Officer of the Sanggunian. He/She shall perform the following powers and duties, to wit:
- To preside over all regular or special meeting/session of the Sangguniang Panlalawigan and shall sign, as ministerial role, all ordinances and resolutions approved during such sessions within ten (10) days from the date of his receipt thereof from the Office of the Sanggunian Secretary; Provided, however, that after the lapse of the ten (10)-day period, if a measure remains unsigned, the Secretary to the Sanggunian shall attest to the approval of these Resolutions or Ordinances.
- To call the Sanggunian meeting to order and, where a quorum exists, to order the reading of the Minutes of the previous meeting and after the Sanggunian shall have acted on the said Minutes, to proceed in accordance with these rules with the discussions and disposition of the matters indicated in the Order of Business as set forth in the Agenda;
- To decide all points of order;
- To appoint, with the approval of the Council, the Chairman and members of the Ad Hoc Committees that may be created or authorized by the Sanggunian;
- To enforce and compel compliance with all rules, resolutions and ordinances affecting the internal affairs of the Sanggunian;
- To consider matters for inclusion in the Agenda in accordance with the order they have been transmitted to the Secretary of the Sanggunian. Proposed resolutions and ordinances shall be signed by the author or authors and filed with the Office of the Secretary to the Sanggunian, who shall transmit the same to the Chairman of the Committee on Rules for inclusion in the Agenda and to be submitted to the Presiding Officer for approval. All matters endorsed by the Governor to the Sanggunian and petitions and other communications received from the residents of Bulacan shall also be transmitted by the Secretary to the Presiding Officer for the same purpose;
- To exercise such duties and performs such other functions which the law and or rules of the Sanggunian may grant or entrust. During a particular session the Presiding Officer may designate a member to temporarily perform the duties of the Chair; such designation shall cease upon adjournment unless the Presiding Officer takes back the Chair before that time.
- The Presiding Officer shall be an ex-officio member of all the standing committees of the Sanggunian.
B. MAJORITY FLOOR LEADER. - The duly elected Majority Floor Leader shall have the following powers and duties, to wit:
- Exercises jurisdiction on all matters relating to the Internal Rules of Procedure of the Sanggunian.
- In-charge of steering floor deliberations during sessions.
- Automatically Ex-Officio Member of all Committees of the Board wherein he is not a regular member.
- The Majority Floor Leader as a regular member of a committee shall have the power to vote. However, if his membership is due to his functions as Majority Floor Leader, he has no right to vote but merely attends the proceedings of the Committee.
C. MINORITY FLOOR LEADER. The duly elected Minority Floor Leader shall have the following powers and duties, to wit:
- He shall be an ex-officio member of all regular committees. As a regular member of a committee shall have the power to vote. However, if his membership is due to his functions as Minority Floor Leader, he has no right to vote but merely attends the proceedings of the Committee.
- He represents the minority as fiscalizer, often steering public opinion against possible excesses of the majority;
- He shall perform such other functions and duties as may from time to time be entrusted to him by the Sanggunian.
SECTION 5. THE SANGGUNIAN SECRETARY.
- He/She shall attend all sessions and committee meetings of the Sangguniang Panlalawigan;
- He/She shall prepare the Agenda, subject to Section 4 (A) (6) of Rule II and Section 11 of the internal rules; and shall certify the Minutes of the Sanggunian;
- He/She shall notify the members of the Sanggunian of the creation of regular, special and ad-hoc committees and their appointments to such committees;
- He/She shall transmit to the proper committee all matters referred to it by the Sanggunian;
- He/She shall send out notices of all sessions, other meetings and public hearings;
- He/She shall carry out or enforce or cause to be enforced orders of the Sanggunian when such functions devolve upon him/her;
- He/She shall keep a compilation in an orderly manner of all ordinances, resolutions and such other papers which have been approved by the Sanggunian, and issue copies or certified true copies thereof upon request of any member of the Sanggunian.
- He/She shall submit to the Presiding Officer for his/her signature all ordinances and resolutions passed by the Sanggunian within five (5) days after the same shall have been finally approved.
RULE III COMMITTEES COMPOSITION, POWERS, FUNCTIONS AND PROCEDURES
SECTION 6. The Sangguniang Panlalawigan shall have regular committees which shall consider, investigate, hold public hearings or otherwise take action on matters or subjects within the scope of their function and other matters referred to them. For purposes of these rules, the following provisions shall apply:
- COMMITTEE COMPOSITION A committee shall be composed of the Chairman, Vice Chairman and at least three (3) members. The members of each committee shall be nominated by the Chairman thereof in consultation with the Majority and Minority Floor Leaders and the selected members shall be confirmed by the Sanggunian.
- A Board Member shall have only three (3) Committee Chairmanship, however membership to committees is unlimited.
- COMMITTEE PROCEDURE The Committee shall function in the following manner:
- The Chairman of the Committee shall, from time to time, convene the committee meeting; Provided that if the Chairman fails or refuses or neglects to convene such meetings the Committee may, upon written request of a majority of the members thereof, call for and convene such meetings; Provided further, that if a proposed legislative measure has been included in the Agenda of a committee for three times and such measure has not been acted upon by the committee for one reason or another, except the non-appearance of the author, the same shall be considered as approved by the committee concerned; Provided, lastly, that if the author of a proposed resolution has failed to appear in the meeting for three consecutive times set by the committee and has been marked absent in the attendance sheet passed after each committee meeting, the proposed measure shall be archived.
- When a proposed resolution or ordinance is referred to more than one committee, the Majority Floor Leader or any member of the Sanggunian shall move for the designation of the main committee.
- All proposed ordinances and/or resolutions referred to the Committee for study, investigations and recommendation shall be considered in the Committee meetings and only such ordinances and/or resolutions which have been approved by the Committee shall be reported to the Sanggunian for further deliberation and consideration.
- In the deliberation and consideration of any matter in the Committee, the Committee may call on any person or persons to appear in such hearings and request his opinions, views and comments on the matter under consideration or concerning which he was invited to appear.
- During final deliberation of the Committee, no person or persons shall be allowed in the meeting except the members thereof and such members of the Sanggunian as may be necessary or expedient to facilitate the performance of its functions, provided that only regular members of the committee are allowed to vote.
- All questions before the Committee shall require a majority vote for their approval except in cases that require a 2/3 votes of the majority unless otherwise provided by law.
SECTION 7. REGULAR COMMITTEES OF THE SANGGUNIAN The Sanggunian shall have the following regular committees:
- Committee on Appropriations Handles all matters pertaining to funds for public expenditures and accounts of the Provincial, City and Municipal Governments and for the payment of public indebtedness, claims against the Provincial Government; annual and supplemental budgets and appropriation ordinances; disposition and implementation of the twenty percent (20%) development fund of the Provincial, City and Municipal Governments. He is the representative of the Sangguniang Panlalawigan to the Provincial Development Council.
- Committee on Women, Family and Social Services Acts on all matters pertaining to social services, for the benefit of women and family relations, disadvantaged persons, i.e. paupers, victims of drug abuse and exploitation, physical handicapped, discrimination due to sex and education and also matters relating to social problems, relief to needy individuals, facilities and relief to calamity victims and to support senior citizens and day care center programs.
- Committee on Human Rights Responsible for monitoring and investigation of human rights violations being brought to the attention of the Sangguniang Panlalawigan with the aim of helping secure justice for the victims and also to assist in the effort of promoting better relations between the military/police authorities and the communities for the purpose of political normalcy and stability.
- Committee on Youth and Sports Development Initiates the formulation of programs and policies, in coordination with the office/agency of the Provincial Government in charge of youth affairs, for the enhancement of the welfare of the youth through leadership training and promotion of sports activities. Committee is headed by the Sangguniang Kabataan President of the SK Provincial Federation; member in the Provincial School Board representing the youth sector.
- Committee on Environmental Protection Monitors environmental/ecological problems and initiates moves to find possible solutions therefore through legislation, to preserve the natural ecosystem in the province and protect the environment against illegal acts which result in pollution, destruction of natural resources and acceleration of ecological imbalance; handles all matters relating to the exploitation, utilization, improvement, protection and conservation of provincial natural resources including reforestation.
- Committee on Cooperatives Serves as the arm of the Sangguniang Panlalawigan which will find ways and initiate moves to preserve and also improve the gains made by the Provincial Government along the cooperative movement.
- Committee on Barangay Affairs Problems of the barangays for development purposes, as well as other matters for the improvement of barangay administration and the implementation of the barangay justice system. Committee is headed by the President of the Liga ng mga Barangay ng Lalawigan ng Bulacan.
- Committee on Ways and Means Conducts research and studies on potential sources of revenues and/or taxes to help by way of legislation in stabilizing and improving the financial capability as well as the fiscal administration of the Provincial Government.
- Committee on Education Coordinate with the Department of Education (DepEd) Parents-Teachers-Community Associations (PTCA) to assist the Provincial Government in shaping programs and policies that will contribute to the upgrading of education and solving of problems of schools; member in the Provincial School Board as representative of the Sangguniang Panlalawigan.
- Committee on Health Responsible for monitoring the health conditions in the province, the services of provincial and district hospitals, rural health units, operation of drugstores in the effort to safeguard public health, cleanliness and sanitation of the community, and all matters related to health, nutrition and population. Sits as member of the Provincial Health Board as representative of the Sangguniang Panlalawigan.
- Committee on Peace and Order Handles all matters relating to police work and services, maintenance of peace and order, and the prosecution of crimes in coordination with the various police and protective agencies of the National Government. Monitors the incidence and rate of criminality, lawlessness, subversion and all other illegal activities that disrupt peace and order and make recommendations to the Sangguniang Panlalawigan on measures that shall be adopted or enacted to help curb the same. Member in the Provincial Peace and Order Council as representative of the Sangguniang Panlalawigan.
- Committee on Public Works Handles all matters pertaining to infrastructure projects of the Provincial Government that are submitted to the Sangguniang Panlalawigan, as well as other related matters that are to be taken up by the Sangguniang Panlalawigan in coordination with the Office of the Provincial Engineer, the Provincial Planning and Development Office and Department of Public Works and Highways.
- Committee on Land Use - Reviews leading to approval of all Comprehensive Land Use Plans (CLUP) and Zoning Ordinances of component cities and municipalities and measures that will set reasonable limits and restraints on the use of property which will be in accord with the Provincial Comprehensive Land Use Plan; and handles all matters leading to the adoption of a Provincial Comprehensive Land Use Plan; and handles all matters relating to town planning; land classification; subdivisions; housing projects; public lands and Provincial Government owned lots.
- Committee on Agriculture Handles all matters relating to agricultural development in general, including animal husbandry, agricultural experimental station, agricultural economics and research; livestock quarantine; soil survey and conservations; agricultural and educational extension services, fisheries development and agrarian reform.
- Committee on Trade and Industry Propose legislative measures to effectively promote trade and industry in the province, thereby enhancing economic progress and uplift of the living conditions of the people; handles matters relating to trade, commerce and industry in general, protection of such commerce and industry against unlawful restraint and monopolies, all matters relating to economic planning and programming.
- Committee on Tourism, Culture and the Arts - Handles all matters relating to tourism beautification, culture and the arts, public occasions and special events affecting the provincial government. Coordinates activities on the enhancement of cultural legacy or heritage.
- Committee on Transportation and Communications Handles all proposed measures/matters regarding transportation, communication industry, public utilities and franchising of telecommunication facilities and performs other functions that may be assigned to it.
- Committee on Labor and Employment Labor problems and illegal recruitment cases brought before the Sangguniang Panlalawigan; assistance to manpower initiatives for the improvement of skills in different lines in coordination with the manpower training centers or TESDA and the Public Employment Service Office (PESO).
- Committee on Justice and Good Government Serves as the investigative arm of the Sangguniang Panlalawigan in quasi-judicial proceedings involving administrative complaints against elective municipal officials brought to the Sangguniang Panlalawigan for its consideration and resolution and of the appellate jurisdiction brought before it and all matters related to good government.
- Committee on Civil Service Handles all matters relating to the operation, rules and regulation of the provincial bureaucracy, and the status of the Provincial Government employees, including their compensation, classification, pension and gratuity; matters pertaining to personnel action, disciplinary measures, awards on employees, career positions, standard qualifications and other similar matters involving civil service.
- Legislative Backstopping Committee To conduct research on all fields related to governmental affairs and concerns in order to improve, present policies and evolve new ones suited to the welfare of the province. To handle and study all matters not referred to existing committees. To perform all other functions that may be assigned to it. Performs oversight functions.
- Committee on Rules Responsible for the implementation of the Internal Rules of Procedure of the Sangguniang Panlalawigan; clarifies all questions and problems relative to rules of procedure that may be referred to it; prepares the calendar of business; the checking of final drafts of all ordinances, resolutions and other measures as well as minutes of sessions to achieve finesse and accuracy in terms of legislative construction and intent, and performs other functions that may be assigned to it. Committee is headed by the Sangguniang Panlalawigan Majority Floor Leader.
- Oversight and Legislative Affairs Committees All matters that have not been acted upon and all matters related to legislative affairs shall be looked into to determine the causes and recommend remedial measures for better governance. The Committee shall review, evaluate and monitor the implementation of enacted ordinances and adopted resolutions; monitor or gather feedback on its impact; and formulate and recommend amendments and new legislation, and other matters related to legislative affairs, if necessary.
- Committee on Ethics and Privileges All matters directly and principally relating to the duties, conduct, rights, privileges and immunities, dignity, integrity and reputation of the Sangguniang Panlalawigan and its Members.
- Committee on Games and Amusements All matters relating to games and amusements, such as lotteries, jai alai, horse racing, dog racing, wrestling, boxing, basketball and all other sports, as well as matters relating to amateur sports development.
SECTION 8. AD-HOC COMMITTEES The Sanggunian may from time to time create ad-hoc committees for special purposes and which shall cease to exist as soon as their reports have been submitted to the Sanggunian. An ad-hoc committee created shall be independent of the regular committees but the procedure thereof shall be determined by the same rules governing committees.
SECTION 9. REPORT OF COMMITTEES; DISCHARGE The different committees shall report to the Sanggunian any matter referred to them for study, comment and recommendation within thirty (30) working days from referral to the committee. In case of failure of a committee to render such report, a majority of the Sanggunian may by written petition, discharge the committee, unless there is a valid, legal and reasonable ground for the delay and/or its extension, after which the matter concerned shall be submitted for disposition. In case a majority of the members of any particular committee dissent and/or object to the matter, the same shall be considered as being laid on the table; Provided, that upon written petition of the majority of the members of the Sanggunian the matter which was laid on the table may be re-submitted to the Sanggunian for final decision.
RULE IV SESSIONS/MEETINGS OF THE SANGGUNIANG PANLALAWIGAN
SECTION 10. REGULAR AND SPECIAL SESSIONS Except for the inaugural session following the election of the members of the Sanggunian, the regular session shall be held every Wednesday; Provided, that all sessions shall start at 1:30 P.M. at the Senator Benigno S. Aquino, Jr. Hall, or such other place designated by the Sanggunian. If any Wednesday happens to be a holiday, the session shall be held on the succeeding day.
When public interest so demands, special sessions may be called by the Provincial Governor or by a majority of the members of the Sangguniang Panlalawigan. The date, time, place and subject matter of the meeting shall be specified in the call for a special session. The meetings of the Sanggunian shall be open to the public except when compelled to be held behind closed doors by reason of security or other valid reasons and upon affirmative vote of the majority of all members of the Sanggunian present.
SECTION 11. QUORUM. The presence of at least eight (8) members present at the roll call of the Sangguniang Panlalawigan ng Bulacan shall constitute a quorum to transact official business.
Whenever the question of quorum is raised by any member, the Presiding Officer shall immediately order a roll call and forthwith announce the result thereof. In the absence of a quorum after a roll call, the Presiding Officer may declare a thirty (30) minutes recess and compel the attendance of absent members.
If there is no prospect of constituting a quorum, the Presiding Officer shall declare the session adjourned for lack of quorum.
SECTION 12. ORDER OF BUSINESS The Order of Business of the Sanggunian shall be as follows:
- Opening Prayer;
- National Anthem;
- Call to Order;
- Roll Call;
- Declaration of Quorum;
- Reading of the Minutes of the preceding session and approval of the same; Provided, however, that the reading may be dispensed with upon the approval of a majority of the members present;
- Calendar of Business;
- First Reading
- Proposed Provincial Ordinances
- Proposed Provincial Resolutions
- Municipal Ordinances and Resolutions Submitted for review
- Other Communications Subject for Legislation
- Second Reading
- Provincial Ordinances
- Provincial Resolutions
- Review of the Sangguniang Panlungsod/Sangguniang Bayan
- Administrative Cases
- Measures Certified Urgent by the Provincial Governor
- Unfinished Business
- Third Reading
- Committee Reports
- Privilege Hour
A privilege speech shall be allowed a maximum of ten (10) minutes and only interpellations relevant to the issues raised shall be entered.
- Other matters (Unassigned Business)
SECTION 13. MINUTES OF THE MEETING The records of the proceedings of the Sanggunian shall be referred to as Minutes. It shall contain a clear, concise and orderly account of the business for that session and the actions taken thereon. It shall contain the following:
- Nature of session, whether regular or special;
- Date and place of session;
- Statement whether the minutes of the previous meetings were approved, reading dispenses with the date of said meetings;
- Statement regarding the presence of the Presiding Officer and members in attendance;
- All motions made except those withdrawn;
- Points of order and appeal, and the results thereof; and
- Duration of meeting, stating the time of commencement and time of adjournment. The Minutes shall be signed by the Secretary to the Sanggunian, authenticated by the Presiding Officer and entered into the record book with an indication of the date of approval or disapproval as the case may be.
SECTION 14. FILING, CONSIDERATION AND APPROVAL OF RESOLUTIONS AND ORDINANCE
- FILING Proposed resolutions and ordinances shall be signed by the author or authors and filed with the Office of the Secretary to the Sanggunian who shall transmit the same to the Majority Floor Leader for inclusion in the Agenda. Only those who signed as authors and co-authors shall be considered as such; Provided that other members may be considered only as sponsors, or co-sponsors if manifested on the floor.
Provided, further, that all documents made as annexes to or the subject matter of the proposed measure shall be submitted with the resolution or ordinance to the Office of the Sanggunian Secretary before the same shall be submitted to the Majority Floor Leader for inclusion in the Agenda, and then submitted to the Presiding Officer for approval.
- FIRST READING All proposed measures shall be calendared for the first time and shall consist only in the reading of its title. After the reading thereof it shall be referred to the proper committee for study, comment and recommendation. No debate shall be allowed at this stage.
- SECOND READING After a proposed measure is reported favorably by the Committee concerned it shall be calendared for the second reading; Provided, that the same shall have been posted in the bulletin boards of the Sangguniang Panlalawigan for three (3) consecutive days prior thereto.
During the second reading the author or sponsor of the proposed measure shall deliver his sponsorship speech and then make the necessary motion.
After the motion has been duly seconded the Presiding Officer shall restate the motion and open the period for debate or discussion. Motion to close debate require 2/3 vote of the members present provided that there is a quorum.
When the period of discussion or debate has been closed the Presiding Officer shall then announce the period for amendments.
After the period for amendments has been closed the Sanggunian shall take final action on the proposed measure.
- THIRD READING The Secretary to the sanggunian of the province, city or municipality shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading, and shall distribute to each sanggunian member a copy thereof, except that a measure certified by the local chief executive concerned as urgent may be submitted for final voting immediately after debate or amendment during the second reading.
Section 15. EFFECTIVITY OF ORDINANCES
- EFFECTIVITY OF ORDINANCES AND RESOLUTIONS Article 113 of the Implementing Rules and Regulations of Republic Act 7160 shall apply to the effectivity of ordinances and resolutions approving the local development plans and public investment programs of the Provincial Government.
- POSTING AND PUBLICATION OF ORDINANCES WITH PENAL SANCTIONS Article 114 of the Implementing Rules and Regulations of Republic Act 7160 shall apply to the effectivity of ordinances with penal sanctions.
- PROCEDURES FOR APPROVAL AND EFFECTIVITY OF TAX ORDINANCES AND REVENUE MEASURES Article 275 of the Implementing Rules and Regulations of Republic Act 7160 shall be followed in the enactment and effectivity of tax ordinances and revenue measures.
- PUBLICATION OF TAX ORDINANCES AND REVENUE MEASURES Article 276 of the Implementing Rules and Regulations of Republic Act 7160 shall govern the publication of tax ordinances and revenue measures.
Section 16. PROCEDURE IN THE DELIBERATION AND ENACTMENT OF ANNUAL EXECUTIVE AND SUPPLEMENTAL BUDGET OF THE PROVINCE Upon the start of the Budget Process, during the preparation of the Department or Office budgets, prior to its submission to the Local Chief Executive. The said budget proposal shall be prepared in accordance with such policy and program guidelines as the local chief executive concerned may issue in conformity with the local development plan, the budgetary ceiling prescribed by the local finance committee, and the general requirements prescribed in the Local Government Code. Articles 275 and 276 of Implementing Rules and Regulations of the Local Government Code shall be suppletory in character.
Upon submission by the Chief Executive of the budget proposal on or before October 16 to the Sangguniang Panlalawigan, the Department or Office Head shall consult and coordinate with the Committee Chair under whose legislative purview their respective departments belong in order to prepare for the Committee budget hearings.
Once approved, the Annual or Supplemental Budgets can only be modified or amended by the Sangguniang Panlalawigan which is the sole authority to perform such acts and functions.
SECTION 17. DEBATES, RULES AND PROCEDURES For purposes of decorum and to maintain a system of orderly proceedings, the following rules shall be observed:
- During debates, a member shall confine himself to the question before the Sanggunian. He/She shall observe proper decorum during the entire proceedings.
- In referring to another member, the latter shall always be referred to by official title.
- For purposes of obtaining the floor, a member shall rise or raise his/her hand and address the Presiding Officer, Honorable Presiding Officer or Honorable Chairman. A member can do so only after the member who has the floor yields the same.
- The Presiding Officer shall be the only authority to recognize any member by announcing the latters name as a sign of recognition that such member has the floor.
- When two or more members rise at the same time, the member whose name is first called by the Presiding Officer is recognized and shall be entitled to the floor;
- Any member sponsoring any measure under consideration may open and close debate where a general debate has been ordered thereon;
- Words desired to be excepted and stricken from the records by any member shall be stated aloud by the Presiding Officer; and the member who uttered the same shall not be held to answer for nor be subject to censure by the Sanggunian if further debate or another business intervened except that when such words desired to be excepted were used repeatedly by the member uttering the same and such words are offensive to a member or other persons sensibilities, the member who uttered the same shall be subject to censure by the Sanggunian.
- When the Sanggunian is in session no member shall pass between another who has the floor and the Presiding Officer.
- No member shall walk out or cross the session hall when the Presiding Officer is addressing the Sanggunian.
SECTION 18. VOTING If the question is not debatable or the debate and period for amendments have been properly closed, the Presiding Officer shall put the same to a vote, allowing only such time for members to rise if they wish to state a motion to a higher rank.
- The Presiding Officer shall put the question into a vote in the following manner; As many as are in favor, say aye after which he shall call for those who are opposed by stating As many as are opposed, say nay If he entertains a doubt as to the result of a division the Sanggunian shall divide and those in the affirmative shall rise from the seats and then followed by those in the negative.
- A member can change his vote only before the Presiding Officer announces the results of the voting. After the announcement, a member cannot change his vote by unanimous consent.
- Any member may be allowed to explain his vote in not exceeding five (5) minutes.
- No member may be compelled to vote; he may however, abstain from voting.
- No motion or question shall be entertained during the voting.
SECTION 19. RECONSIDERATION After a motion, resolution or proposed ordinance has been adopted or lost, only a member who voted with the majority may present a motion for reconsideration of the matter. A member who voted with the minority may only present a motion for reconsideration if he is seconded by a member who voted with the majority. A member who abstained from voting shall have no right to ask for reconsideration or second such motion.
Motion for reconsideration shall be made on the same session day the matter was acted upon by the Sanggunian.
SECTION 20. MOTIONS AND THEIR ORDER OF PREFERENCE While a motion or a proposed ordinance or resolution is being considered, no other motion shall be entertained except the following and in the order in which they appear below:
- Motion to adjourn;
- Motion to suspend the session or to recess;
- Motion to read any part of the rules;
- Motion to call an executive session;
- Motion to postpone indefinitely;
- Motion to postpone to a definite date; and
- Motion to recommit to a Committee.
All motions to adjourn or suspend the session or to hold executive session shall be resolved without debate.
A question laid on the table must be taken up not later than the next regular session, otherwise the question dies.
SECTION 21. PRIVILEGED MOTIONS OR PRIVILEGED QUESTIONS The following shall be considered as privileged motions.
- Motion to adjourn;
- Motion to recess;
- Raise a question of privilege; and
- Call for the order of the day.
All the foregoing motions shall be undebatable and shall have precedence in their consideration according to the above-cited order.
RULE V INTERNAL GOVERNMENT
SECTION 22. UNPARLIAMENTARY ACTS AND WORDS, SANCTIONS All acts, words and declarations which personally offend any person or public institution shall be declared unparliamentary. No member of the Sanggunian, under any circumstance and during any debate, shall use offensive or improper language or innuendos against other members of the Sanggunian or against any public officer or institution. Any member of the Sanggunian who utters any unparliamentary deed may be sanctioned as follows:
- The Presiding Officer shall motu propio, or at the instance of another member, call him to order. The erring member shall immediately take his seat, if he has the floor. In case a point of order is raised and sustained by the Presiding Officer, said member shall not continue speaking without the consent of the Sanggunian upon motion made and duly seconded;
- When a member is called to order for using improper or offensive words during a debate upon motion made by another member, such words shall be ordered stricken off from the records;
- In case of very serious or grave offense, the Sanggunian by a two thirds (2/3) vote, may impose such penalty as may be warranted by the offense committed, without prejudice to the institution of the proper administrative and/or criminal action as the circumstances may warrant.
SECTION 23. PROPER ATTIRE The proper attire for the members of the Sanggunian and the Secretary of the Sanggunian during Sanggunian session are as follows:
- Male members Barong Tagalog (long sleeves)
- Female members Bestida or any formal dress
- The wearing of sleeveless clothes, plunging neckline, mini-skirts, jeans are not allowable for women. Maong pants, jackets, t-shirts and use of rubber shoes shall not be allowed.
The Sanggunian shall ascertain the sanctions that may be imposed for violation hereon, on a case to case basis.
SECTION 24. QUESTIONS OF PRIVILEGE Questions relating to the rights and privileges of the Sanggunian or any of its members shall take precedence over all motions except those relating to adjournment and recess.
SECTION 25. POINT OF ORDER All points of order may be raised at any time and such questions shall be resolved by the Presiding Officer immediately. The decision of the Presiding Officer may be appealed to the Sanggunian and a majority vote shall be sufficient to confirm or reverse the decision made.
SECTION 26. PRIVILEGED SPEECH Any member desiring to deliver a privileged speech may after informing the Majority Floor Leader and with the recognition of Presiding Officer, speak for not more than thirty (30) minutes ; Provided, that if more than one member register their desire to deliver a privileged speech, each speaker shall be limited to only thirty (30) minutes and not more than two privileged speeches may be delivered in one session. In case more than two members register their intention to deliver a privileged speech, the same may be taken up in the next succeeding session of the Sanggunian. No motions may be presented and/or entertained in connection with the subject matter touched in the privileged speech.
SECTION 27 APPEARANCE OR REPORT OF DEPARTMENT HEADS AND OTHER OFFICIALS. Any Department head or any official or employee of the Provincial Government of Bulacan, when the public interest so requires or in aid of legislative function of the Sanggunian, may be summoned or asked to report by the Sanggunian or by any of the regular, special or ad-hoc committee to appear and/or report on any matter pertaining to his department or office. The Department head or public official or employee called to appear or report may answer verbally or in writing the questions propounded to him. The Sanggunian or the committee concerned may take such action provided for under Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees in case of failure by the official or employee to comply with the summons or request within a reasonable time without proper justification.
RULE VI SUSPENSION OF THE RULES
SECTION 28. The Internal Rules of the Sangguniang Panlalawigan of Bulacan may be suspended upon motion for the purpose, duly seconded and the number of votes required is attained.
SECTION 29. When making said motion, the specific purpose/s for said suspension shall be stated and no other matter/s shall be considered other than that/those for which the rules were suspended.
Attendance of the following circumstances will justify the suspension of the rules:
- Time is of the essence;
- The denial of the motion shall:
- cause irreparable damage to life, limb or property;
- gravely hampers the delivery of basic services; or
- adversely affect peace and order or security;
- Urgent financial or budgetary requirement, and
- In such other similar circumstances which will prejudice the interest of the public.
SECTION 30. The number of votes required in order to suspend the Rules of the Sanggunian shall be by simple majority votes of the members present there being a quorum. If no objection is raised, it shall be presumed that a unanimous vote/consent of the members was taken. Otherwise, the number of votes required in this section shall be strictly complied with.
SECTION 31. It shall be understood that once a particular rule is suspended for a specific purpose, only such particular rule is suspended and the other rules of the Sanggunian shall remain in force.
RULE VII SUPPLEMENTARY RULES
SECTION 32. In the absence of specific provisions in these rules applicable to a given situation, the Roberts Rule of Order, Rules of Procedure by Attorney Antonio Orendain and DILG Opinions will govern; however, the Sanggunian may adopt such rules to govern the situation not herein contemplated consistent with the provisions of the 1991 Local Government Code as amended and its Implementing Rules and Regulations and in keeping with the tenets of fair play and justice.
RULE VIII AMENDMENT OF THE RULES
SECTION 33. Any amendment to these rules may be made by the filing of a written motion which shall contain the proposed amendment and the reasons therefore. The motion shall be filed at least one (1) week before its consideration and two-third (2/3) votes of all the members of the Sanggunian (which is nine) shall be required for the approval of the amendment, unless otherwise specifically provided in these rules.
RULE IX REPEALING CLAUSE
SECTION 34. The provisions of any resolutions or portions thereof which are inconsistent herewith are hereby repealed, modified or amended accordingly.
RULE X EFFECTIVITY
SECTION 35. These rules shall take effect on the date of their adoption and shall remain in full force and effect until amended, modified or repealed.
ADOPTED: July 21, 2010.
|DANIEL R. FERNANDO
|Vice Governor and Presiding Officer
|MICHAEL C. FERMIN
||FELIX V. OPLE
||THERESE CHERYLL B. OPLE
|RAMON R. POSADAS
||ENRIQUE V. DELA CRUZ, JR.
|RINO V. CASTRO
||ENRIQUE V. VIUDEZ II
|EULOGIO C. SARMIENTO III
||ENRIQUE A. DELOS SANTOS, JR.
||ROMEO ALLAN M. ROBES
|FERDINAND V. ESTRELLA
||MARK JOSEPH L. GUILLERMO
||ALLAN RAY A. BALUYUT
Internal Rules of Procedures 2010.2013