Internal Rules of Procedures 2007-2010
TITLE, PURPOSE AND SCOPE
RULE I. TITLE. This set of Rules shall be known as the Internal Rules of Procedures of the Sangguniang Panlalawigan of Bulacan 2007-2010 and shall be referred herein and subsequently for brevity as the RULES.
RULE II. PURPOSE AND SCOPE. The Rules are promulgated within the context of Republic Act 7160, otherwise, known as the Local Government Code of 1991 and its Implementing Rules and Regulations, to serve as guidelines for the members of the Sangguniang Panlalawigan and Committees in the discharge of their official functions, duties and responsibilities particularly on internal organization, order of session, legislative process, parliamentary procedures and discipline. The use of the word BOARD shall mean the Sangguniang Panlalawigan, unless specifically mentioned referring to a local special body.
ORGANIZATION OF THE SANGGUNIAN
AND GENERAL FUNCTIONS/JURISDICTION OF COMMITTEES
Rule III. ORGANIZATION.
(a) For a systematic and orderly manner of handling ordinances, resolutions, submitted to and, by the members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan, as well as executive orders of all city/municipal mayors, for the Sanggunian review and disposition, the same shall, after having been received and recorded by the Secretary to the Sangguniang Panlalawigan shall be referred to the Chairman, Committee on Rules for inclusion in the order of business to be approved and submitted to the Presiding Officer.
(b) Likewise for the Sangguniang Panlalawigan to be an effective legislative mechanism of the Provincial Government, there shall be created therein standing committees each of which shall be composed of a chairman, vice-chairman and three (3) members, who shall be chosen or elected by the members of the Sangguniang Panlalawigan. Provided, however, that chairmanship of sectoral committees shall automatically be given to the sectoral representatives who may be elected and qualified as provided by law.
RULE IV. THE COMMITTEES AND THEIR GENERAL JURISDICTION. - There shall be created in the Sangguniang Panlalawigan, the following standing and sectoral committees, with their respective jurisdictions, to wit:
- 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.
- Committee on Legislative Backstopping. 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.
- Ad Hoc Committee. From time to time as may be agreed upon by the Sanggunian and approve by the Presiding Officer, Ad Hoc Committees may be created for the sole purpose or particular function to be defined by the Sanggunian herewith that upon the submission of the committee report, such committee shall cease to exist automatically.
Rule V. ANNUAL ASSESSMENT. The performance of existing committees of the Sangguniang Panlalawigan shall be recorded by the Secretary to the Sangguniang Panlalawigan to form part of the annual accomplishment report of the Sangguniang Panlalawigan.
Rule VI. MAJORITY FLOOR LEADER AND MINORITY FLOOR LEADER. There shall be a Majority Floor Leader and Minority Floor Leader elected in the Sangguniang Panlalawigan, and whose respective functions shall be:
Majority Floor Leader:
- 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.
Minority Floor Leader:
- Represents the minority as fiscalizer, often steering public opinion against possible excesses of the majority.
- Automatically Ex-Officio Member of all Committees of the Board wherein he is not a regular member.
- The Minority 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 Minority Floor Leader, he has no right to vote but merely attends the proceedings of the Committee.
SESSIONS, QUORUMS AND ORDER OR CALENDAR OF BUSINESS
Rule VII. SESSIONS. -
- Sessions of the Sangguniang Panlalawigan shall be held every Monday at the Senator Benigno S. Aquino, Jr. Session Hall. If any Monday happens to be a holiday, the session shall be held on the succeeding day.
- The session shall start at 2:00 oclock in the afternoon. The Secretary to the Sangguniang Panlalawigan shall call the roll to determine if there is a quorum. If there is none, the Presiding Officer shall call for a recess of at least thirty (30) minutes. If there is still no quorum at the resumption of the session, a member of the Sanggunian may move for the adjournment of the session on the ground that there is no quorum.
- The required number of regular session shall be once a week.
- When public interest so requires, special sessions may be called by the Presiding Officer or by a majority of the members of the Sanggunian or at the written request of the Provincial Governor for certified urgent measures to be enacted.
- All Sanggunian sessions shall be open to the public unless a closed door session is ordered by an affirmative vote of the majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality. No two (2) sessions, regular or special, may be held in a single day.
- In the case of special sessions of the Sanggunian, a written notice to the members shall be served personally at the members usual place of residence or office at least twenty-four (24) hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
- The Sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the Sanggunian.
- During sessions, male members of the Sangguniang Panlalawigan shall wear Barong Tagalog and female members Bestida.
- Voting by the members of the Sanggunian Panlalawigan may be by raising of hands, viva voce, secret balloting or nominal voting.
Rule VIII. QUORUM.
- Eight (8) members present at the roll call shall constitute quorum of the Sanggunian to transact official business. Should a question of quorum be raised during a session, the Presiding Officer shall immediately proceed to call the roll of the members and thereafter announce the results;
- When after the roll call quorum is declared, quorum is presumed to be at any stage unless questioned for lack of it.
Rule VIII. QUORUM. For every session, the following order and calendar of business shall be followed:
- Call to Order
- Opening Formalities
- Roll Call
- Declaration of Quorum
- Reading and Approval of the Minutes of the Immediately Preceding Session
- First Reading
- Proposed Provincial Ordinances
- Proposed Provincial Resolutions
- Municipal Ordinances and Resolutions Submitted for Review
- Other Communications Subject for Legislation
- Provincial Ordinance
- Provincial Resolutions
- Review of Sangguniang Panlungsod/Sangguniang Bayan Ordinance/Resolutions
- Administrative Cases
- Measures Certified Urgent by Provincial Governor
- Unfinished Business
A privilege speech shall be allowed a maximum of ten (10) minutes. and only interpellations relevant to the issues raised shall be entered.
THE LEGISLATIVE PROCESS
Rule X. ORDINANCES AND RESOLUTIONS. Enactment of ordinances and adoption of resolutions shall be governed by the rules and procedures enumerated in Article 107 of the Rules and Regulations Implementing the Local Government Code of 1991.
Rule XI. PROCEDURAL STAGES. All ordinances and resolutions to be considered by the Sangguniang Panlalawigan shall pass through the following stages:
- First Reading The stage when the title of the proposed measure is read by the Secretary and referred by the Presiding Officer to the appropriate committee(s).
- Second Reading Consists of proposed measures reported out by the Committees for second reading, which shall be subject to debate and argumentation pertinent motions or amendments.
- Third Reading The stage when a legislative matter is finally approved by the Sangguniang Panlalawigan. No amendments shall be allowed anymore at this stage except amendment to the title thereto.
Exemptions to this Rule are those matters specifically enumerated in paragraphs c, d, e, and f of Article 107 of the Implementing Rules and Regulations of RA 7160 as well as matters such as city/municipal ordinances or resolutions; matters of minor significance which apparently do not need to undergo all the aforementioned stages but which may, even on first reading, be considered and decided upon by a majority vote of the members present, there being a quorum.
Rule XII. COMMITTEE REPORTS A committee shall promptly commence its work on any matter referred it and terminate the same or submit its report, recommendation and/or resolution thereon, not later than thirty (30) days from the date of receipt of the referral or indorsement; provided, however, that the Committee Chair may request of an extension of time within which to submit each report on valid grounds.
A committee member, unless he has entered his objections to the committee report or, in lieu thereof, has filed with the secretary his dissenting vote in writing or minority report before the report is submitted to the body in open session, or has signed the report with reservation, shall be presumed to have concurred in the report and shall thus be precluded from opposing it on the floor.
Rule XIII. FINAL APPROVAL OF ORDINANCES AND RESOLUTIONS. Articles 108 and 109 of the Implementing Rules and Regulations of RA 7160 shall be followed to complete final approval of ordinances and resolutions enacted by the Sangguniang Panlalawigan.
Rule XIV. EFFECTIVITY OF ORDINANCES AND RESOLUTIONS. Article 113 of the Implementing Rules and Regulations of RA 7160 shall apply to the effectivity of ordinances and resolutions approving the local development plans and public investment programs of the Provincial Government.
Rule XV. POSTING AND PUBLICATION OF ORDINANCES WITH PENAL SANCTIONS. - Article 114 of the Implementing Rules and Regulations of RA 7160 shall apply to the effectivity of ordinances with penal sanctions.
Rule XVI. PROCEDURES FOR APPROVAL AND EFFECTIVITY OF TAX ORDINANCES AND REVENUE MEASURES. Article 275 of the Implementing Rules and Regulations of RA 7160 shall be followed in the enactment and effectivity of tax ordinances and revenue measures.
Rule XVII. PUBLICATION OF TAX ORDINANCES AND REVENUE MEASURES. Article 276 of the Implementing Rules and Regulations of RA 7160 shall govern the publication of tax ordinances and revenue measures.
Rule XVIII. SUPPLETORY RULES. Should this Internal Rules of Procedures of the Sangguniang Panlalawigan be inadequate to resolve questions of parliamentary procedures, the Sanggunian Rules of Procedure by Attorney Antonio Orendain and the Roberts Rule of Procedures be resorted to.
DISCIPLINE OF MEMBERS
Rule XIX. DISORDERLY BEHAVIOR AND ABSENTEEISM. For disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, the Sangguniang Panlalawigan may impose disciplinary action on any member in accordance with sub-paragraph (5), paragraph (b) of Article 103 of the Implementing Rules and Regulations of RA 7160.
Rule XX. QUASI JUDICIAL PROCEEDINGS. The Committee on Rules shall prepare the manual on quasi-judicial proceedings involving administrative cases within the jurisdiction of the Sangguniang Panlalawigan to be approved by the Sangguniang Panlalawigan as a separate resolution.
MISCELLANEOUS AND FINAL PROVISIONS
Rule XXI. INTER-OFFICE COURTESY. Whenever it becomes necessary to invite or require the presence of any appointive provincial official and for him/her to produce any requested paper or document, the Sangguniang Panlalawigan or any of its Committees may do so only by resolution approved in session or committee hearing, by a majority vote of the members present, there being a quorum, provided as a matter of inter-office courtesy, that the formal invitation to carry out the intent of the resolution shall be coursed thru the Office of the Provincial Governor as the Chief Executive of the Province.
Rule XXII. OTHER MATTERS. Any matter not embraced by these rules shall, whenever necessary, be treated in accordance with the Local Government Code and its Implementing Rules and Regulations.
Rule XXIII. SEPARABILITY CLAUSE. Should any rule of these Internal Rules of Procedure be declared unconstitutional, the remaining portion not affected thereby shall remain in full force and effect.
Rule XXIV. REPEALING CLAUSE. Any and all rules and procedures that may have been approved previously by the Sangguniang Panlalawigan which are inconsistent with these Internal Rules of Procedures are deemed superseded and/or repealed accordingly.
Rule XXV. EFFECTIVITY. These Internal Rules of Procedures of the Sangguniang Panlalawigan shall take effect upon approval.
AD HOC COMMITTEE ON RULES
GLENN B. SANTOS
CHRISTIAN D. NATIVIDAD
PATROCINIO F. LADERAS
VICENTE C. CRUZ, SR.
ARIEL S. ARCEO