RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE …spgensantos.ph/wp-content/uploads/2016/07/PIR16180002.pdf · President of the City Chapter of the Liga ng mga Barangay, the

DRAFTINTERNAL RULES OF THE 18TH SANGGUNIAN

INTERNAL RESOLUTION NO. ___Series of 2016

RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OFTHE 18th SANGGUNIANG PANLUNGSOD OF THE CITY OF GENERALSANTOS

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WHEREAS, Section 50(a) of Republic Act 7160, otherwise known as the LocalGovernment Code of 1991, states that on the first regular session following the election of itsmembers and within ninety (90) days thereafter, the Sanggunian concerned shall adopt orupdate its existing rules of procedure;

WHEREAS, the Internal Rules of Procedure of the Sangguniang Panlungsod shallgovern the organization of the Sanggunian, election of its officers, creation of committees, theorder and calendar of business for each session, the legislative process, parliamentaryprocedures which include the conduct of members during sessions, and discipline of membersfor disorderly behavior and absences without justifiable cause;

WHEREAS, the adoption of the Internal Rules of Procedure shall ensure orderlysessions and enhance quality legislation in the Sangguniang Panlungsod of General Santos;

NOW, THEREFORE, on motion of City Councilor(s) __________________ for jointsponsorship, duly seconded by City Councilor(s) ___________________________, be it –

RESOLVED, as it is hereby resolved, to adopt the following Internal Rules of Procedureof the 18th Sangguniang Panlungsod of the City of General Santos, viz.:

RULE ITITLE AND COVERAGE

Section 1. Title and Coverage. – The following Rules are hereby adopted to be knownas the “Internal Rules of Procedure of the 18th Sangguniang Panlungsod of the City of GeneralSantos”, to govern the organization of the Sangguniang Panlungsod, the election of its officers,creation of Committees, the Order of Business for each session, the legislative process,parliamentary procedures which include the conduct of Members during sessions, discipline ofMembers for disorderly behavior, and absences without justifiable cause.

RULE IIINAUGURAL SESSION AND

ORGANIZATION OF THE SANGGUNIAN

Section 2. Inaugural Session of the Sanggunian. – The members of the Sanggunian,at the initiative of the Vice-Mayor, shall meet in inaugural on any office day at the placedesignated for the holding of their session and proceed to the declaration, thru speeches, oftheir individual legislative agenda. During that session, it shall pass a resolution setting the day,time and place of its regular sessions.

Section 3. Presiding over the Inaugural Session. – The City Vice-Mayor, asPresiding Officer, shall call the session to order, call the roll of the members of the Sanggunian,and preserve order and decorum.

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Section 4. Adoption of Internal Rules of Procedure. – On the first regular session,there being a quorum, the Sanggunian shall proceed to the adoption of its new Internal Rules ofProcedure if one is already ready for discussion and passage or if not, to adopt the InternalRules of Procedure of the immediately preceding Sanggunian to govern its proceedings untilthe approval and adoption of the rules of the current Sanggunian, which adoption in no caseshall exceed ninety (90) days following their first regular session. The Sanggunian shall also fixthe day, time, and place of its regular sessions.

Section 5. Election of Officers and Chairpersons of Regular Committees. – Afterthe adoption or update of its existing Internal Rules of Procedure, the Sanggunian shall proceedto the election of officers and chairpersons of regular committees who shall be elected by amajority of the members present. Every member of the Sangguniang Panlungsod except thePresiding Officer must be a Chairperson of at least one committee.

RULE IIICOMPOSITION AND OFFICERS OF THE SANGGUNIANG PANLUNGSOD

Section 6. The Sangguniang Panlungsod of General Santos. – The SangguniangPanlungsod of General Santos, hereinafter referred to as the “ Sanggunian ”, shall be composedof the City Vice-Mayor as the regular Presiding Officer, twelve (12) Regular Members, thePresident of the City Chapter of the Liga ng mga Barangay, the President of the Pederasyon ngmga Sangguniang Kabataan, and the Indigenous Peoples’ mandatory representative pursuantto RA 8371 (IPRA) and City Ordinance No. 8, Series of 2014, as Ex-Officio Members andsectoral representatives as may be provided by law.1

Section 7. Elective Officers. – There shall be a President Pro-Tempore andChairpersons of regular Committees in the Sanggunian to be elected among themselves in themanner provided in Rule II hereof.

Section 8. Manner of Elections of Officers; Appointment of Vice-Chair & Membersof Committee. – The President Pro-Tempore and Chairpersons of regular Committees of theSanggunian shall be elected from among the Members thereof either by raising of hand, vivavoce or by secret ballot by a majority of the members present. In case of a tie, the PresidingOfficer has the right to cast his/her vote to break the tie.

The Chairperson of the committee shall appoint his/her Vice-Chairperson and not morethan three (3) members of the regular Committees.

Section 9. Term of Office. – The term of office of the President Pro-Tempore and theChairpersons and members of Regular Committees shall be one (1) year from their election orappointment.

RULE IV DUTIES AND RESPONSIBILITIES OF MEMBERS

Section 10. Every Member shall attend all sessions of the Sangguniang unless he orshe is prevented from doing so by reason of sickness or other unavoidable circumstances dueto official or authorized business or travel: Provided, That, previous notice thereto shall be sentto the Sanggunian through the Presiding Officer or the Secretary.

It shall also be the duty of every member to come on time on all sessions. Whenever amember arrives after the roll call, he/she shall be marked as “late” and his/her time of arrivalshall be recorded by the Secretary.2

Section 11. Every Member is required to vote on every question or proposed measurebeing voted upon by the Sanggunian. Abstentions may only be allowed if it can be shown that

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the Member concerned has a personal or pecuniary interest, either directly or indirectly, on thematter being acted upon by the Sanggunian.

Section 12. Every Member shall observe proper deportment or decorum duringsessions.

Section 13. Every Member must wear appropriate business attire during Regular orSpecial sessions of the Sanggunian.

RULE VPOWERS AND FUNCTIONS OF OFFICERS

Section 14. The City Vice-Mayor. – The City Vice Mayor shall be the Presiding Officer of the Sanggunian who shall exercise and perform the following powers, duties and functions:

(a.) To approve the Order of Business of all sessions of the Sanggunian;(b.) To preside over the sessions of the Sanggunian including executive sessions, and

to sign all ordinances and resolutions enacted and passed during such sessionswithin reasonable time but not to exceed ten (10) days, reckoned from the date ofreceipt thereof from the Office of the Secretary to the Sanggunian;

(c.) Call the Sanggunian session to order and where a quorum exists, to order thereading of the Minutes of the previous session(s) and after the Sanggunian shallhave acted on the said minutes, to proceed, in accordance with these rules, thediscussion and disposition of the matters indicated in the Order of Business;

(d.) To exact from all the Members present during the session proper deportment anddecorum;

(e.) To enforce and compel compliance with the rules, resolutions and ordinancesaffecting the internal affairs of the Sanggunian;

(f.) To decide all points of order;(g.) To maintain order during sessions and render a ruling on questions of order,

subject to appeal by the Member concerned to the Sanggunian for final decision;(h.) To sign all ordinances, resolutions, memorials, subpoena issued by or upon order

of the Sanggunian, and all the legislative documents requiring his/her signature(i.) To declare recess during sessions anytime he/she deems it necessary: Provided,

That, the duration of the recess is not more than fifteen (15) minutes except incases stated in Rule XII hereof;

(j.) To declare the session adjourned to some other date, time and place in cases ofextreme emergencies, serious and uncontrollable disorder, public disturbances andother unavoidable circumstances;

(k.) To make brief remarks, comments or clarificatory questions on any measurepending deliberation by the Sanggunian: Provided, That he/she shall not expresshimself/herself either for or against the said measure or question;

(l.) To vote but only to break a tie;(m.) To relinquish the chair to any member of the Sanggunian who shall act as

temporary Presiding Officer but only if he/she is going out of the session hall forwhatever reasons;

(n.) To appoint, with the approval of the majority of all the Members, Chairpersons andMembers of ad-hoc Committee which may be created or authorized by theSanggunian;

(o.) For the maintenance of the orderly procedure, may take such appropriatemeasures to restore order by appointing any city officer or employee to act asSergeant-at-Arms, or call the assistance of the police agencies;

(p.) Perform the supervisory and administrative powers and functions attached to theposition of the City Vice-Mayor as the head of office of an co-equal branch in thelocal government unit, as such, shall:

(i.) To receive all legislative and administrative matters, proposals, request,letters and communications and refer or forward the same to appropriateCommittee, office, or division in the Sanggunian for corresponding action orinformation;

(ii.) Unless otherwise delegated, sign all warrants drawn on the city treasury,payrolls, purchase request and request for obligation, approve disbursement


vouchers relating thereto and purchase orders covering the same forexpenditures appropriated for the operation of the Sangguniang Panlungsod;

(iii.) Appoint permanent, co-terminus, casual, job-order employees, and Sergeant-At-Arms of the Sangguniang Panlungsod; and

(iv.) To represent the Sanggunian, or through authorized representative, to anyspecial bodies as may be allowed by law or meetings requiring the presenceor attendance of the department head.

(q.) Establish an efficient information management system in the sanggunian utilizingamong others, modern digital technology, that can: i. Drastically minimize the use of office supplies, personnel and other similar

resources in the conduct of plenary sessions and hearings and preparation oflegislative documents;

ii. Facilitate prompt access to and dissemination of data and information neededin legislation;

iii. Provide a simplified and comprehensive process of gathering, recording,storage and retrieval of data and information relating to records, activities andproceedings of the Sanggunian;

iv. Sustain a public information program that will provide accessible, timely andaccurate information relating to the Sanggunian, its members and officers, itsCommittees and its legislative concerns inclusive of facilitating, as far aspracticable, broadcast coverage of plenary and committee proceedings.

(r.) Exercise general supervision over all committees and, in furtherance thereof,conduct regular meetings with the chairpersons of all committees to set legislativetargets, review performance in the attainment of targets, ensure that the prioritylegislative measures of committees are attuned to the Executive-LegislativeAgenda or the pressing needs of the City, and resolve such other issues andconcerns that affect the operations and performance of the committees.

Section 15. President Pro-Tempore. – There shall be a President Pro-Tempore to beelected from among the members of the Sanggunian who shall exercise and discharge thefollowing powers, duties and functions:

(a.) To assist the City Vice-Mayor in the performance of his/her administrative duties asPresiding Officer of the Sanggunian;

(b.) Be an ex-officio member of all Regular Committees of the Sanggunian; and(c.) To perform such other duties the Presiding Officer may assign as the exigencies of

service may require.

RULE VITHE REGULAR COMMITTEES

Section 16. The Regular Committees of the Sanggunian. 3 - The following RegularCommittees shall be formed, with each composed of not less than three (3) but not more than(5) regular members, including its Chair and Vice-chair, with the duties, powers and generaljurisdiction specified hereunder:

(1.) Committee on Agriculture. - All matters or questions pertaining to, or connectedwith, the agricultural production and development; agricultural inputs and facilities;food production, development of agri-business enterprises, and all other mattersrelating to livestock development and quarantine of livestock.

(2.) Committee on Appointments and Government Reorganization. - All mattersinvolving the appointments of all City Government employees from DepartmentHeads to Rank and File personnel, including organizational structures andfunctions, staffing patterns, reorganization of offices, and human resourcedevelopment policies.

(3.) Committee on Barangay Affairs . - All matters or questions pertaining to orconnected with, the creation, division or merger of barangay or barangays, orabolition, alteration or relocation of boundaries thereof, issues, concerns, and

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problems involving and affecting the Barangay constituents, communityorganizations, and all matters pertaining to barangay government affairs.

(4.) Committee on Blue Ribbon, Human Rights and Anti-Graft. - All matters that arereferred to it by the Sanggunian for investigation or inquiry designed to acquireinformation in aid of legislation, complaints and charges for disorderly conductaffecting the Sangguniang Panlungsod and its members, propose on how to hearadministrative cases filed against elective barangay officials, protection andpromotion of human rights and interests, prevention of human rights violations, andall matters affecting human rights, anti-graft and corruption and moral recovery.

(5.) Committee on Finance, Ways and Means, Appropriations. [EconomicEnterprises.] - All matters or questions pertaining to, or connected with, taxes,fees, charges, and loans, generation of other sources and forms of revenueincluding the revision or codification of revenue and real property tax codes,benefits and compensation of city personnel, budget or allocation of funds forprojects, programs, subsidies, grants, assistance and other services, and allmatters relating to generation of revenue and public expenditures and, solid andliquid waste management system and operation and maintenance of sanitarylandfill. [ All matters or questions pertaining to, or connected with theestablishment, maintenance, operation and management of City PublicMarket, General Santos City Bulaong Terminal, General Santos City Hospital,City Slaughterhouse, public cemetery, and such other city economicenterprises as the law may provide .]

(6.) Committee on City Land Use, Urban Planning and Development. - All mattersor questions pertaining to, or connected with the uses, reclassification, planningand zoning of lands, comprehensive development plan, housing programs,subdivision development and approval of subdivision plans.

(7.) Committee on Climate Change Adaptation and Environment. - All matters orquestions pertaining to, or connected with the policies, programs, strategies,technologies and other innovations addressing global warming and climate changeimpacts including but not limited to, climate risk management to reducevulnerability associated with climate sensitive areas and sectors, and adaptationand mitigation or control of greenhouse gas emissions to enhance resilience and topromote sustainable development. All matters or questions pertaining to, orconnected with the environmental conservation and protection, measures gearedtowards protection against air, land and water pollution; garbage collection,segregation and disposal, improvement and establishment; Preservation andmaintenance of city parks, plazas and playgrounds; tree planting master plan andall other matters related to environment and natural resources.

(8.) Committee on Consumer Welfare. - All matters or questions pertaining to, orconnected with the fundamental rights of consumers, information and literaturepertaining to consumers' rights, business malpractices and complaints on thedelivery of goods and services to consumers, linkage with local or nationalgovernment agencies and consumer protection groups to promote consumersrights, and all other matters related to consumers' welfare.

(9.) Committee on Cooperatives, Livelihood, People Empowerment andParticipation. - All matters or questions pertaining to or connected with, thecooperative organizations, linkage and development; incentives and support tocooperatives, and all matters affecting the cooperative and livelihood developmentprograms of the government. All matters or questions pertaining to, or connectedwith the criteria and procedures for accreditation, maintenance and withdrawal ofaccreditation of Non-Government Organizations (NGOs), Peoples Organizations(POs), and Private Sector (PS), government joint undertaking or partnership withsupport or grant to NGOs, POs or PS, participation of NGO, PO or PS in localgovernance and development, and all other matters affecting NGOs, POs or PS.


(10.) Committee on Education. - All matters or questions pertaining to, or connectedwith formal, non-formal, technical and vocational education, educational facilities;promotion of culture. The arts and sciences; operation of education institutions,both private and public, and establishment and maintenance of public libraries.

(11.) Committee on Fisheries, Marine Life and Aquatic Resources. - All matters orquestions pertaining to, or connected with, the fishery development. marine life andaquatic resources; conservation and protection of marine life, control andregulation of the use of foreshore areas and all other matters related to fisheries,marine life and aquatic resources.

(12.) Committee on Games and Amusements. - All matters or questions pertaining toor connected with the establishment, operation or maintenance of amusementplaces and other areas of entertainment, regulation on the holding of events,concerts or similar entertainment activities, measures that affect the regulation ofgames and amusements including but not limited to the promotion or holding ofcockfights, boxing, basketball tournaments and other kinds of games andamusements, and all other matters related to games and amusements.

(13.) Committee on Gender Equality and Women [Family and Children and SocialServices.] - All matters or questions pertaining to, or connected with laws andprograms on gender and development; women's rights and welfare, protection anddevelopment of women's programs and organizations, moral values and socialresponsibilities of women, and equality before the law of women and men . [andparents, programs that will enhance the dignity of the family andpreservation of good Filipino family traditions, laws, ordinances, programsmeasures and policies that protect the rights of children; moral values andsocial responsibilities of children, programs and project uplifting the dignityimage and socio-economic standing of street-children, linkages with othergovernment agencies and non-governmental organizations on mattersconcerning the welfare of children, and all other matters concerning gender,women, family and children. All matters or questions pertaining to, orconnected with, the protection or promotion of rights and privileges of seniorcitizens/elderly, differently-abled persons and other marginalized groups,and all other matters related to community social welfare programsundertakings and projects of the City.]

(14.) Committee on Health and Sanitation. - All matters or questions pertaining to, orconnected with health, sanitation or hygiene; cleanliness of the community,measures related to operation, management and maintenance of hospitals, healthcenters, nutrition, health programs and all matters related to health and sanitation.

(15.) Committee on Labor. - All matters or questions pertaining to or connected with thelabor and employment issues, concerns and problems, promotion andenhancement of good relationship between labor and capital and other matterspertaining to labor.

(16.) Committee on Laws, Rules and Review of Barangay Ordinances, ExecutiveOrders. [and International Relations] . - All matters or questions pertaining to orconnected with the items in the Order of Business, revision and interpretation ofthe Sanggunian Internal Rules of Procedures, committees and their jurisdiction;privileges of the members of the Sanggunian ; substance and form of proposed andrecommended ordinances or resolutions prior to presentation to the plenary,ensure that all ordinances and resolutions prior to their enactment or adoption arewithin the limits of the laws of the land and do not violate any human civil and legalrights. All matters or questions pertaining to or connected with the review of allbarangay ordinances and executive orders issued by the Punong Barangay toensure that the act of Sangguniang Barangay or Punong Barangay is within thescope of their prescribed powers and functions. [All matters concerningrelations and agreements with international sister cities, other cities andcountries of the world in the field of trade, commerce and industry, tourism,education, science and technology, other areas which are mutually beneficial


for both parties, foreign conferences, foreign travels, and official visits byforeign heads and dignitaries.]

(17.) Committee on Local Government Unit and Proprietary Real Properties . - Allmatters or questions pertaining to or connected with management, procurementand maintenance of all public and proprietary properties of the city government;policy formation of the economical, efficient and effective administration and usageof all public and proprietary properties of the government; accountability of publicofficials and employees on the maintenance and usage of government properties;management, administration and disposition of all lands of public domain asprovided for in RA 9649 otherwise known as an “Act amending RA 5412, asamended, or the Charter of the City of General Santos”; sale or lease of publiclands, forest lands, pasture or grazing lands and foreshore areas; all other mattersrelated to public and proprietary properties of the city government.

(18.) Committee on Muslim Affairs [and Indigenous Peoples.] - All matters orquestions pertaining to, or connected with the taking care of the concerns andwelfare of the Filipino Muslims. [Indigenous Peoples and other culturalcommunities.]

(19.) Committee on Public Affairs, and Information. - All matters or questionspertaining to or connected with the relationship of the Sangguniang Panlungsodwith other government offices and agencies and the general public; disseminationof information regarding official activities of the Sangguniang Panlungsod.

(20.) Committee on Public Order and Safety. - All matters or questions pertaining to.or connected with, the maintenance of peace and order in the city; police. Jailmanagement and fire department matters; prevention and abatement of publicnuisance; enforcement of laws and ordinances to maintain peace and order:training programs to PNP members, Barangay Tanods and other support groups:recognition and incentives to deserving PNP members. Barangay Tanods andother law enforcers; safety measures to mitigate the disastrous effects of natural orman-made calamities: and all other matters related to public order and safety.

(21.) Committee on Public Utilities. - All matters or questions pertaining to orconnected with, the operation of public service utilities such as power, water,communication, and other public utilities: proposals for their continued existence.cancellation of franchise or permits, expansion and/or improvements: ratesimposed on charges and fees on goods or services delivered by public utilities:violations that may have been committed by public service utilities; and all othermatters related to public service utilities.

(22.) Committee on Public Works and Infrastructure. - All matters or questionspertaining to, or connected with, the construction, maintenance, improvement andrepair of roads, bridges, public buildings and structures and other governmentinfrastructure projects: drainage and sewerage system and master plan:regulations pertaining to construction of buildings and other structures andobservance of the National Building Code, Fire Code and all other matters relatedto public works and infrastructure.

(23.) Committee on Recognizance. All matters or questions pertaining to, orconnected with, the rules, procedures, guidelines, duties and functions of theSangguniang Panlungsod in the effective and efficient implementation of R.A.10389 or the Recognizance Act.4

(24.) Committee on Tourism, Culture and the Arts. - All matters or questionspertaining to. or connected with, establishment and maintenance of museum,historical and heritage sites; policies and programs for the preservation of historicalsites and cultural heritage: plans and programs of city festivals and other socio-cultural activities in the city: naming or renaming of barangays, streets or publicstructures; coordination with hotels, restaurants, homestay sites and resorts toensure that they maintain standards as set forth by the Department of Tourism;

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development of city's natural resources into tourist attractions: and all mattersrelated to the promotion of tourism, culture and the arts.

(25.) Committee on Trade, Commerce and Industry, and ECONOMICENTERPRISES - All matters or questions pertaining to, or connected with, theestablishment, operation, promotion and development of all kinds of trade andindustry; measures that affect trade commerce and industry; incentives to promotetrade, commerce and industry: and all other matters related to trade, commerceand industry. All matters or questions pertaining to, or connected with theestablishment, maintenance, operation and management of City PublicMarket, General Santos City Bulaong Terminal, Dr. Jorge Royeca Hospital,City Slaughterhouse, public cemetery, and such other city economicenterprises as the law may provide .

(26.) Committee on Transportation. - All matters or questions pertaining to orconnected with establishment and operation of public or private terminals andprivate garage; application and issuance of motorized tricycle franchise: vehiculartraffic and closure of roads, streets and alleys; vehicular traffic: establishment ofstreet name signage: conduct and operation of public and privateconveyances/vehicles: transportation and communication facilities: establishmentof motorized tricycle routes: operation of public transportation and concerns ofoperators and drivers associations, and all other matters related to transportation.

(27.) Committee on Urban Poor Affairs. - All matters or questions pertaining to, orconnected with, government policies, programs and projects affecting the urbanpoor: policies. measures, programs and projects that best respond to thedevelopmental needs, concerns, and issues affecting the urban poor, e.g.livelihood projects, skills training and similar undertakings; delivery of services bythe City Offices directly concerned with the programs affecting the urban poor:programs, projects and strategies affecting the urban poor sector's effectiveparticipation in the development directions of the city: coordination with local,regional and national offices on areas and matters affecting the urban poor sector;policies and guidelines pertaining to the housing program for the urban poor; andall other matters affecting the affairs of the urban poor.

(28.) Committee on Youth Affairs, Sports Development and Physical Fitness. - Allmatters or questions pertaining to or connected with, the youth welfare anddevelopment, youth organizations promotion and development of sports andphysical fitness programs and activities.

ProposedAdditional New Committees:

1) Committee on Children and Family Relations. – All matters or questions pertaining to, orconnected with, laws ordinances, programs, measures and policies that protect the rights ofchildren; moral values and social responsibilities of children, programs and projects upliftingthe dignity, image and socio-economic standing of street-children, linkages with othergovernment agencies and non-governmental organizations on matters concerning thewelfare of children; programs on moral values and social responsibilities of women andparents, programs that will enhance the dignity of the family and preservation of goodFilipino family traditions, and all other matters, undertakings and projects related to childrenand family relations of the City.

2) Committee on the Elderly, Differently-Abled Persons and Social Services. – All mattersor questions pertaining to, or connected with laws and programs on the protection orpromotion of rights and privileges of senior citizens/elderly, differently-abled persons andother marginalized groups, and all other matters related to the elderly and differently-abledpersons projects of the City.


3) Committee on Indigenous Peoples. - All matters or questions pertaining to, or connectedwith the concerns and welfare of the Indigenous Peoples and other cultural communities inthe City.

4) Committee on International Relations. – All matters concerning relations and agreementswith international sister cities, other cities and countries of the world in the field of trade,commerce and industry, tourism, education, science and technology, other areas which aremutually beneficial for both parties, foreign conferences, foreign travels, and official visits byforeign heads and dignitaries.

Section 17. Reorganization & Creation of Special and Ad-Hoc Committee. - Thefollowing rules shall be observed in the reorganization and creation of Committees or Ad-HocCommittees:

(a.) A regular or standing Committee may be created or re-organized by a majority voteof all the Members of the Sanggunian.

(b.) Special or Ad-Hoc Committees may be created upon the initiative of the PresidingOfficer through a motion by any member, subject however, to the affirmative vote ofthe majority of the Members present, there being a quorum.

Section 18. Ex-Officio Membership in the regular Committees. – The President Pro-Tempore and the Chairperson of the Committee on Laws and Rules shall be ex-officio membersof all Regular Committees.

Section 19. Referral of a Measure to two (2) Committees. – Although a measurecovers subject matters falling within the general jurisdiction of a Committee, the PresidingOfficer shall refer it to another Committee if that measure involves appropriation of funds orembodying tax or revenue proposals. At this instance, the measure shall be referred also to theCommittee on Finance, Ways and Means, and Appropriations for the appropriation or tax orrevenue aspect. The first Committee mentioned shall be the primary committee, mainlyresponsible to submit a report to the Sanggunian incorporating therein the appropriaterecommendations of the secondary committee which is the Committee on Finance, Ways andMeans, and Appropriations.

Section 20. Restrictions on the Composition & Membership in the Committee. -The following rules shall be observed on the composition and membership in the Committees:

(a.) The Presiding Officer shall not be a member of any regular Committee. However,he/she may be designated by the Sanggunian as Chairperson of Ad-Hoc or SpecialCommittee or may preside over the Committee En Banc: Provided,That thepurpose or task for which the Ad-Hoc or Special Committee is created does notinvolve any legislative matters and/or policy-making.

(b.) No person other than Members of the Sanggunian shall be made a Member of anyregular committee.

(c.) No Member shall participate in the Committee’s deliberations if he/she has a director indirect personal or pecuniary interest on the matter being handled by thatCommittee.

Section 21. Committee En Banc. — The Sanggunian may constitute itself into aCommittee En Banc on motion of any member to act upon a proposed ordinance, resolution orother measure before it or when, referred by the Committee on Blue Ribbon and upon theapproval of the majority of the Sanggunian present, there being a quorum, that it will hear enbanc the administrative cases against elective barangay officials.

The Sanggunian may further constitute itself into a Committee En Banc on motion of anymember to act upon the following:

(1.) Proposed ordinance, resolution or other measure pertaining to the update andamendment of Ordinance No. 11, Series of 2013, otherwise known as the Code ofOrdinances of the City of General Santos as well as follow up actions on the policyrecommendations put forward during the previous codification en banc hearings;


(2.) Proposed ordinance, resolution or other measure of vital importance referreddirectly to the Committee En Banc;

(3.) Proposed ordinance, resolution or other measure referred by any Committee to theCommittee En Banc in session assembled.

When the Sanggunian constitutes itself into a Committee En Banc it functions as onecommittee acting upon a proposed ordinance or resolution and conducting its proceedings like aRegular Committee with its membership composed of all the members of the Sanggunian.5

RULE VIITHE SECRETARY TO THE SANGGUNIAN

Section 22. The Secretary to the Sangguniang Panlungsod. – The Secretary to theSanggunian shall take charge of the Office of the Secretary to the Sanggunian, and shall:

(a.) Attend sessions of the Sanggunian and keep a journal of its proceedings;(b.) Keep the seal of the City Government of General Santos and affix the same with

his/her signature to all ordinances, resolutions, and other official acts of theSanggunian and present the same to the presiding officer for his/her signature;

(c.) Forward to the City Mayor for approval, copies of ordinances enacted by theSanggunian and duly certified to by the Presiding Officer, in the manner provided inSection 54 of R.A. 7160;

(d.) Forward to the Sangguniang Panlungsod, through the Presiding Officer, copies ofduly approved barangay ordinances, in the manner provided under Section 57 ofR.A. 7160;

(e.) Furnish, upon request by any interested party, certified copies of records of publiccharacter in his/her custody upon payment to the City Treasurer of fees asprescribed under the Revenue Code of the City;

(f.) Record in a book kept for the purpose, all ordinances and resolutions enacted oradopted by the Sanggunian, with the dates of passage and publication thereof;

(g.) Keep his/her office and all non-confidential records therein open to the publicduring the usual business hours;

(h.) Translate into the dialect used by the majority of the inhabitants of the City allordinances and the resolutions approving the local development plan and publicinvestment program immediately after their approval, and cause the publication ofthe same together with the original version;

(i.) Cause the posting of ordinance or the resolution approving the local developmentplan and public investment program in the manner provided under Section 59 ofR.A. 7160.

(j.) Publish the main features of the ordinance or the resolution approving the localdevelopment plan and public investment program duly enacted or adopted shall, inaddition to being posted, once in a newspaper of general circulation within generalsantos city.

(k.) Take custody of the local archives and, where applicable, the local library andannually account for the same;

(l.) Transmit to the proper committee all matters referred to it by the Sanggunian;(m.) Exercise such other powers and perform such other duties and functions as may

be prescribed by law or ordinance relative to his/her position.

Rule VIIITHE SANGGUNIANG PANLUNGSOD

SERGEANT-AT-ARMS

Section 23. The Sergeant-At-Arms. – There shall be a Sergeant-At-Arms in theSanggunian who shall be appointed by the Presiding Officer upon recommendation of majority


of the members of the Sangguniang Panlungsod who shall serve until sooner removed forcause.

Section 24. Duties and Powers of Sergeant-At-Arms. – The Sergeant-At-Arms shallexercise and perform the following powers and duties:

(a.) To be personally present in all session of the Sanggunian, unless excused by thePresiding Officer, and to be present, personally or through his/her subordinates, inall meeting of the committees;

(b.) To strictly enforce the rules relating to the admission to the session hall, thegalleries, corridors, and premises of the Sanggunian building;

(c.) To be responsible for the faithful and proper behavior and performance ofemployees under him/her;

(d.) To execute the order of the Sanggunian and serve all processes issued byauthority thereof or the Presiding Officer;

(e.) To be responsible for the security and maintenance of order during the session ofthe Sanggunian under the direction of the Presiding Officer, during the meeting ofany of the committees under the direction of the Chairperson thereof; and in theantechamber, corridors and offices of the Sanggunian, whether in session or not,under the direction of the Presiding Officer;

(f.) To be responsible for the personal safety of the members of the Sanggunian whilein Sanggunian premises or, as the Presiding Officer may direct, in any other place;and

(g.) To be responsible for the security of the properties of the Sanggunian.

RULE IXMEETINGS OF THE COMMITTEE

Section 25. Calling a Committee Meeting. – A Committee meeting may be called bythe Chair, or by the Vice-Chair in the absence or physical incapacity of the Chair, or by themajority of the members of the Committee: Provided, that written notice is duly served to allMembers of the Committee and all invitees at least two (2) days before the scheduled date ofmeeting or hearing.

Section 26. Required Number of Members to do Business. – The presence of theChair or the Vice-Chair and at least a member of the committee shall constitute a quorum to dobusiness.

The presence of ex-officio members may be considered in determining the existence ofa quorum.

Section 27. Unexplained Absences. – Unexplained absences for five (5) successiveCommittee meetings or hearing by the Chair, Vice-Chair, or members thereof shall operate torelinquish regular membership in the Committee.

Section 28. Vacancy. – In case a vacancy exists in a Committee membership, thesame shall be filled in by a majority vote of all the Members of the Sanggunian, or by generalconsent in a session, there being a quorum.

Section 29. Mandatory Holding of Public Hearing. – No tax ordinance or revenuemeasure and zoning ordinance shall be enacted by the Sanggunian in the absence of a publichearing duly conducted by the committee concerned.

Section 30. Appearance of any Government Employee in Committee Meetings. –Any government employee may be called to appear before the Committee meetings uponofficial invitation or request by the Committee Chair. Communications shall be coursed throughthe Head of the office where the employee belongs. The communication shall specify thereason for such appearance or the assistance needed, as the case may be.

Section 31. Mandatory presence of the author/sponsor of a proposed measure inthe public/committee hearing or meeting. – The author or sponsor of a proposed resolution


or ordinance subject of a Committee/public hearing or meeting is required to attend the saidhearing or meeting upon notice. The attendance of the author(s) or sponsor(s) shall not beaccounted to constitute a quorum to do business in the Committee hearing, unless he or she isa member of this Committee.

RULE XCOMMITTEE REPORT

Section 32. The Committee Meeting and Report. – The Committee shall hold meetingor hearing to discuss, decide and submit report on all matters referred or transmitted to them bythe Sanggunian during session, through the Secretary.

Section 33. Who will Render Committee Report. – Committee reports shall berendered by its Chair, unless he/she dissents with the majority decision. In his/her absence, theVice-Chair shall take his/her place. If neither of them is present, any Committee memberconcurring with the report and duly designated by the said Committee shall render the report.

Section 34. Presumptive Concurrence of Committee Member. – A regular memberof a Committee shall be presumed to have concurred in the report and shall be precluded fromopposing the same on the floor unless he/she enters his/her objection thereto in open sessionor file with the Secretary of the Sanggunian his/her dissenting vote before the Committeerenders its report.

Section 35. Joint Committee or Multiple Committee Report. - When a measure isreferred to two or more Committees, the Committees concerned may submit a joint CommitteeReport or Multi-Committee Report as the case may be, or respective separate report thereon.

Section 36. Discharge of Committee. - A Committee which failed to submit aCommittee Report within a reasonable time may be discharged by the Sanggunian from furtherconsideration of the measure or question referred to it. Upon motion by any Member, the saidmeasure can be re-assigned to another Committee or submit to the Sanggunian for properdisposition.

Section 37. Calendaring a Proposed Measure for Second Reading and Archival. –After the Committee has rendered its Report and recommended favorably the enactment orpassage of the proposed ordinance or resolution it has reported out, a copy of the proposedordinance or resolution shall be furnished the Presiding Officer who shall calendar it for SecondReading. Before the said proposed ordinance or resolution is sponsored on the floor,electronic copy thereof shall be furnished every Sanggunian member by the Committee Chairconcerned.

If the reporting Committee’s recommendation is for the Sanggunian to defer or not totake action and that recommendation has been adopted by the Body, the proposed measureremains shelved in the Committee. If the reporting Committee’s recommendation is for theSanggunian to file the proposed measure away and that recommendation has been adopted,then it is filed away and that the proposal shall be filed in the archive of the Sanggunian.

RULE XIREGULAR AND SPECIAL SESSIONS

Section 38. Date, Time and Venue of Regular Session. – There shall be RegularSession of the Sanggunian every Tuesday of the week at 9:00 o’clock in the morning, to beheld at the Sangguniang Panlungsod Session Hall, Legislative Building, General Santos City. Incase the date of Regular Session falls on a holiday, it shall be held on any day of the sameweek.

A regular session may be held on another date or place upon concurrence or approval ofthe majority of all the Members present.


Section 39. Special Session. – When public interest so demands, Special sessionsmay be called by the City Vice-Mayor or by a majority of all the Members, or upon the requestof the City Mayor.6

Section 40. Open and Closed-Door Session. – All sessions shall be open to thepublic unless a closed-door session is ordered by an affirmative vote of a majority of theMembers present, there being a quorum, for public interest or for reasons of security, decency,or morality.

Section 41. Prohibition on Holding of Two (2) Sessions in a Single Day. - No two(2) sessions, whether regular or special, may be held in a single day.

Section 42. Adjournment of Session. - An adjourned session may be held:

(a.) Through the initiative of the Presiding Officer, by using the assumed motion; or bya majority of the Members present in a session where there is no quorum, whereinthey may decide to adjourn from day to day and compel the attendance of theabsent Members in order to obtain the necessary quorum.

(b.) By a majority vote of the Members present in any Regular or Special Session,there being a quorum, in order to finish very important business which needsimmediate action.

(c.) By any Member, duly seconded, there being a quorum and there being no morebusiness to take up.

RULE XIIQUORUM

Section 43. Roll Call and Quorum. – Eight (8) Members of the Sanggunian who havebeen elected and qualified shall constitute a quorum to transact official business. Should aquestion of quorum be raised during a Session, the Presiding Officer shall immediately proceedto call the roll of the Members and thereafter announce the results.

In the absence of a quorum, the Presiding Officer may declare a recess of not more thanone (1) hour and wait for other Members to come, or a majority of the Members present mayadjourn from hour to hour or day to day and may compel the immediate attendance of anyMember absent without justifiable cause by designating a Member of the Sanggunian, to beassisted by member or members of the police force, to arrest the absent Member and presenthim/her at the Session Hall.

If there is still no quorum despite the enforcement of the above remedial measures, nobusiness shall be transacted. The Presiding Officer motu propio, or upon proper motion dulyapproved by the Members present, shall then declare the Session adjourned for lack of quorum.

Section 44. Persons who have been Elected and Qualified. – Other interpretationsto the contrary notwithstanding, the term “elected and qualified” shall be construed to includethe majority of not only the regular members but also the ex-officio Members of the Sanggunian.

Section 45. No Quorum During the Session which was Started with a Quorum. –During a session which was started with a quorum and a question on the lack of quorum israised by any Member, the Presiding Officer shall immediately cause the reading of the roll ofMembers and announce the result thereof and then declare whether or not there exist aquorum.

In the absence of a quorum, the Presiding Officer may declare a recess of not more thanthirty (30) minutes and wait for the other Members to come to constitute a quorum. If there is stillno quorum despite the recess, the Presiding Officer may, motu proprio, or upon proper motionfrom the floor duly adopted by the Sanggunian, then declare the session adjourned for lack ofquorum.

The motion for adjournment is non-debatable.


RULE XIIIORDER OF BUSINESS

Section 46. Preparation of Order of Business. – The Order of Business shall beprepared by the Secretary to the Sanggunian and approved by the Presiding Officer. Theelectronic copy thereof, together with the attachment and supporting documents, shall befurnished all Members of the Sanggunian at least two (2) days before the date of the Regular orSpecial Session.

Section 47. Where and When to File Measures for Inclusion in the Order ofBusiness. – All matters or items for inclusion in the Order of Business for the immediatelyensuing session shall be filed before the Legislative Services Division not later than 5:00 o’clockin the afternoon of Wednesday. The application form shall be accompanied by hard andelectronic copies of proposed measure and relevant documents as attachment or supportthereto, if any, in the manner provided in Rule XIV hereof.

Request for Committee Reports for inclusion in the Order of Business shall becoordinated with the Journal and Minutes Division. Hard and electronic copy of minutes ofregular/special sessions and committee reports shall be submitted to the Secretary to theSanggunian at least one day before the date of the regular session day, who shallimmediately furnish copies of the same to Sangguniang Panlungsod members.7

Section 48. Contents of the Order of Business. – The Order of Business of theSanggunian shall be as follows:

A. InvocationB. Singing of the Philippine National AnthemC. Singing of the General Santos City Hymn D. Call to Order E. Roll CallF. Reading and Adoption of Minutes of Previous Session(s)G. Privilege HourH. Committee ReportI. Calendar of Business

I. Unfinished Business II. Business of the Day

(a.) First Reading and Referral to the Proper Committees(b.) Third and Final Reading(c.) Urgent Matters(d.) Second Reading

III. Other BusinessI. Question and Answer HourJ. AnnouncementK. Adjournment

Section 49. Contents of Calendar of Business. – The Calendar of Business shallcontain the assigned number of the proposed measure, order of priority, the title, and the nameof the sponsor(s) or author(s).

Section 50. Privilege Speech. – Any Member desiring to deliver a privilege speechmay, after informing in writing the Legislative Services Division before 5:00 o’clock in theafternoon of Wednesday, speak for not more than one (1) hour. In case his/her speech is lessthan one (1) hour, the remaining time shall be used for the discussion/interpellation relating tothe subject matter thereon, otherwise it shall be addressed during the Question and AnswerHour. If more than one (1) Member registered to avail of the Privilege Hour, each speaker shallbe limited to only thirty (30) minutes, inclusive of the discussion/interpellation relating to thesubject matter thereon.


A maximum of two (2) speakers shall be allowed to avail of the Privilege Hour. In casemore than two (2) Members manifested their intention to deliver a privilege speech, the 3rd andother succeeding Members shall be granted the same privilege on the next Regular Session.

No motion in connection with the subject matter of the privilege speech shall bepresented and/or entertained during the privilege speech.

Section 51. Circumstances when Deviation is Allowed. – Deviation from theprescribed Order of Business may be done only under the following circumstances:

(a.) When the Sanggunian decides to suspend these Rules through a motion filed by aMember. In any case, the decision to suspend these Rules shall require a generalconsent, or in case of objection, the vote of at least a simple majority of theMembers present is required; and

(b.) When the measure to be acted upon by the Sanggunian is certified to by the CityMayor as urgent, the same shall have priority over all other items in the Order ofBusiness and be considered after its inclusion in the Order of Business.

Section 52. Consideration of Other Business or Measures. – Only the matters listedin the Order of Business shall be taken up by the Sanggunian in a particular Session. However,upon the approval of a majority of the Sanggunian, the Presiding Officer may submit for itsconsideration urgent matter or matters not listed in the Order of Business which involves publicinterest and that any delay in the consideration thereof will prejudice the essential activities ofthe government or result in danger to or loss of life or property.

FOR INSERTION HERE:

Any member who intends to introduce any proposed legislative measure to beconsidered on the other business of the agenda of the day may do so by filing a writtenrequest to the Presiding Officer duly supported by the written legislative proposal atleast a day before the scheduled session.8

Section 53. Question and Answer Hour. – Question and Answer Hour shall be limitedto those matters discussed in the Privilege Hour or any question relating to any measurepending before the Sangguniang Panlungsod: Provided, However, if time permits, in theexercise of the oversight function of the Sanggunian, any matter related to public service maybe taken up thereto.

Any Department Head, Chief of Office, or official or employee of the City Government ofGeneral Santos may be summoned by the Sanggunian with the permission of the City Mayor toappear during session and give information on any matter pending before the Sanggunian thatpertains within the competence and jurisdiction of his/her department.

No question shall contain arguments, offensive or unparliamentary language orexpressions, pertain to sub-judice matters, or contain unwarranted discourtesy to person beingsummoned.

Section 54. Announcement. – Announcement shall include the reading of the title andbrief description of the resolutions passed by the Sangguniang Barangay transmitted to theSanggunian but not subject for review under Section 57 of R.A. 7160; relevant executive andadministrative orders promulgated by the Office of the City Mayor and national governmentagencies; and memoranda issued affecting the operation, management, programs, projects,events, activities, and personnel of the city government in general.

RULE XIVPAPERLESS LEGISLATION

Section 55. Paperless legislative process. – The Sanggunian shall endeavor todevelop institutional capabilities and harness available advance information and communicationresources in the legislative process aimed at achieving greater productivity at a lesser cost.Towards this end, the Sanggunian shall adhere to the following rules:


(a.) The texts of proposed ordinances and resolutions, together with its attachment and

supporting documents, if any, to be filed before the Sanggunian shall be preparedin not more than three (3) hard copies, to be distributed to the Presiding Officer,secretariat, and official file at the Records Division. Copies of Order of Business,committee reports and minutes of meeting or hearing shall be prepared and filed inthe same manner.

(b.) In lieu of hard copies of aforesaid documents, electronic copy thereof shall befurnished all the members of the Sanggunian in the manner provided under Rule X,Rule XIII, Rule XV, and Rule XVIII hereof.

RULE XVLEGISLATIVE PROCESS

Section 56. Rules in the Enactment of Ordinance and Passage of Resolutions. –In the enactment of ordinances and passage of resolutions including other matters requiringlegislative actions, the following rules shall be observed:

(a.) Legislative actions of a general and permanent character shall be enacted in theform of ordinances, while those which are of temporary character shall be passed inthe form of resolutions.

(b.) Proposed ordinances and resolutions shall be in writing in not more than three (3)hard copies and shall contain an assigned number, a title or a caption. Anordinance shall also contain an enacting or ordaining clause, and the date of itsproposed effectivity and other important provisions. In addition, every proposedordinance shall be accompanied by a brief explanatory note containing thejustification for its approval. It shall be signed by the author or authors.

(c.) A resolution shall be passed in the same manner prescribed for an ordinance,unless decided otherwise by a majority of the Sanggunian members present.

(d.) No ordinance or resolution shall be considered on second reading in any RegularSession unless it has been reported out by the proper Committee to which it wasreferred.

(e.) Any legislative matter duly certified to by the Local Chief Executive as urgentwhether or not it is included in the Order of Business may be presented andconsidered by the Body at the same meeting without need of suspending the rules.

(f.) The Secretary to the Sanggunian shall prepare not more than three hard (3) copiesof the proposed ordinance or resolutions in the form it was passed on secondreading and shall distribute to each Sanggunian member electronic copy thereofexcept that a measure certified by the Local Chief Executive as urgent may besubmitted for the final voting immediately after it has undergone the periods ofdebate and amendment during the second reading.

(g.) No ordinance or resolution enacted or passed by the Sanggunian in a Regular orSpecial Session duly called for the purpose shall be valid unless approved by themembers present, there being a quorum, according to the number of votes requiredfor that matter.

(h.) Resolutions passed by the Sanggunian need not be approved by the Local ChiefExecutive. However, resolutions adopting a local development plan and publicinvestment program shall be transmitted to the Local Chief Executive for approval.

(i.) [Any member who intends to introduce any proposed legislative measure tobe considered on the other business of the agenda of the day may do so byfiling a written request to the Presiding Officer duly supported by the writtenlegislative proposal at least a day before the scheduled session.] 9

(j.) During the third and final reading, final copy of the legislative proposal should beavailable and all the amendments introduced during the second reading must behighlighted on the said copy for easy reference and comparison from the originalproposal.10

9 Section 6, IR No. 1, Series of 2015.10 Section 6, IR No. 1, Series of 2015.Proposed Internal Rules_18th SanggunianPage 16 of 23

Section 57. Approval of Ordinance and Veto Power of the Local Chief Executive. –The approval of the ordinance by the City Mayor and the exercise of his/her veto power shall begoverned by the following rules:

(a.) Every ordinance enacted by the Sanggunian shall be presented to the City Mayorfor his/her approval. If the Local Chief Executive approves the same, he/she shallaffix his/her signature on each and every page thereof; otherwise, he/she shall vetoit and return the same with his/her objections to the Sanggunian, which mayproceed to reconsider the same. The Sanggunian, within fifteen (15) days fromreceipt of the veto message, may override the said veto by two-thirds (2/3) vote ofall its members, thereby making the ordinance effective for all intents and purposes.

(b.) The veto shall be communicated by the City Mayor to the Sanggunian within ten(10) days; otherwise, the ordinance shall be deemed approved as if he/she hadsigned it.

(c.) The City Mayor may veto any ordinance of the Sanggunian on the ground that it isultra vires or prejudicial to the public welfare, stating his/her reasons therefore inwriting.

(d.) The Mayor shall have the power to veto any particular item or items of anappropriation ordinance, an ordinance or resolution adopting a local developmentplan and public investment program or an ordinance directing the payment ofmoney or creating liability. In such case, the veto shall not affect the item or itemswhich are not objected to. The vetoed item or items shall not take effect unless theSanggunian overrides the veto in the manner as provided in this Section; otherwise,the item or items in the appropriation ordinance of the previous year correspondingto those vetoed, if any, shall be deemed re-enacted.

(e.) The Local Chief Executive may veto an ordinance or resolution only once.

Section 58. The Three-Reading Principle. – Before an ordinance is finally enacted, itshall undergo the following stages:

(a.) First Reading. – At this stage, the Secretary to the Sanggunian shall read theassigned number of the proposed draft ordinance, its title, name of the author orauthors or the name of the Members introducing it. Thereafter, the Presiding Officershall refer it to the appropriate Committee.

(b.) Second Reading. – At this stage, any proposed ordinance that has already beenreported out by the concerned Committee and has been calendared for secondreading may be sponsored by the author of the proposed ordinance or resolution.The proposed ordinance may no longer be read in full unless the appropriateCommittee or the Sanggunian itself decided otherwise. After the usualsponsorship speech has been delivered, the proposed ordinance shall besubjected to period of debate or discussion, amendment, and approval on secondreading. A motion to close debate requires simple majority vote of the Memberspresent.

(c.) Third and Final Reading.- At this stage, the Secretary shall read the proposed draftordinance by its number, title and the name of its sponsor or co-sponsor, if any.Immediately thereafter, the Presiding Officer shall put the proposed ordinance to avote. The Presiding Officer shall then formally announce the result thereof anddirect the Secretary to enter in the record. No further discussion, deliberation andamendment shall be allowed at this stage.

Section 59. Methods of Voting. – Unless a different method is prescribed by theSanggunian for a particular measure, voting shall be either one of the following methods:

(a.) By voice (viva voce);(b.) By raising of hand (or show of hand);(c.) By rising;(d.) By ballot; or(e.) By nominal voting (or roll call).

Section 60. Putting the Question to a Vote. – The Presiding Officer shall risewhenever he/she is putting a question to a vote. In taking the vote, the Presiding Officer shalltake first the affirmative votes and then the negative votes. While still standing, the PresidingOfficer shall announce the result thereof.


RULE XVI VOTES AND VOTING

Section 61. Voting on the Question. – Whenever a nominal voting is being applied,the Secretary to the Sanggunian shall call the roll of Members either in alphabetical order orbased on their sitting arrangement whatever is convenient to the Secretary. As each name iscalled, the Member shall announce his/her vote by stating “Yes” or “No”, as the case may be. AMember may explain his/her vote but not to exceed five (5) minutes.

A second roll call may be requested by any Member from the Presiding Officer but thistime only the names of those who failed to vote shall be called to give another opportunity tothose who failed to cast their vote to exercise their right and also to determine the number ofMembers who might have violated the rule on abstention. After this second roll call, no otherrequest of the same kind shall be entertained by the Presiding Officer.

Section 62. Voting Restriction. – No Member can vote, or be allowed to vote, on anymeasure in which he/she or any of his/her relatives within the fourth (4 th) degree ofconsanguinity or affinity, has a direct or personal pecuniary interest. This rule, however, doesnot apply in voting for elective positions in the Sanggunian where a Member, as a matter ofright, can vote for himself/herself.

Section 63. Change of Vote. – A Member may change his/her vote but only when theresult of the voting has not yet been announced by the Presiding Officer, otherwise, he/she canonly change his/her vote by a unanimous consent of the Members present: Provided, That thisrule shall not be applied if voting is by ballot.

Section 64. Vote by Late-Comer. – A member who came in late during the Session buthappens to arrive when voting is in progress shall be allowed to vote, provided that the result ofthe voting has not yet been announced by the Presiding Officer.

Section 65. Allowable Motion During Voting. – Except for a motion pertaining to aquestion of quorum, no other motion shall be entertained by the Presiding Officer while voting isin progress.

Section 66. Tie Vote. – A tie vote resulting from a vote taken on any motion, measureor proposal shall be construed to mean that the particular motion, measure or proposal isdefeated, unless the Presiding Officer decided to break it, except when a motion to appeal fromthe decision of the Presiding Officer is put to a vote and it resulted in a tie which shall beconsidered to sustain the decision of the Presiding Officer.

Section 67. Breaking a Tie. – In case of a tie vote, the Presiding Officer may casthis/her vote if he/she so desires. He/she is, however, precluded to cast his/her vote in order tocreate a tie. In case the Presiding Officer abstains to break the tie, the motion is declared lost.

Section 68. Majority Vote of All the Members. – A majority vote of all the Members ofthe Sanggunian is required in the following circumstances:

(a.) Enactment of ordinance levying taxes, fees or charges prescribing the rates thereoffor general and specific purposes;

(b.) Adoption of resolution authorizing the City Mayor to negotiate and contract loansand other forms of indebtedness;

(c.) Enactment of ordinance authorizing the floating of bonds or other instruments ofindebtedness for the purpose of raising funds to finance development projects;

(d.) Adoption of resolution authorizing the City Mayor to lease to private parties suchbuilding held in a proprietary capacity, subject to existing laws, rules andregulations;

(e.) Enactment of ordinance granting a franchise to any person, partnership, corporationor cooperative to do business within the City; establish, construct, operate andmaintain ferries, wharves, markets or slaughterhouse; or undertake such otheractivities within the City as may be allowed by existing laws: Provided, Thatcooperatives shall be given preference in the grant of such franchise; and

(f.) Adoption of resolution concurring in the appointment issued by the City Mayor toheads of department and offices as required under RA 7160.


Section 69. Majority Vote of the Members Present. – Except as provided in Section 8hereof, all other legislative matters or measures shall require only a majority vote of themembers present thereby constituting a quorum for its passage, adoption or enactment.

Section 70. Percentage Vote. – For purposes of this Section, a percentage vote shallbe construed to mean as the proportion of a certain whole.

A. Two-thirds (2/3) of all the members of the Sanguinan Panglungsod shall be appliedto the following: 1. Transfer to different site the seat of the City Government;2. Permanent closure of any city street;3. Overriding the veto of the Local Chief Executive for any ordinance or resolution;4. Consideration of other matters at a special session except those stated in the

notice.5. The penalty of suspension or expulsion that may be imposed or meted out by the

Sanggunian to any erring Member. 6. Grant tax exemptions, incentives or reliefs to entities engaged in community

growth-inducing industries.

B. Three-fourths (3/4) vote of all the members of the Sanguinan Panglungsod shall benecessary applied to amend, modify or repeal any proposition or ordinance approvedthrough the system of initiative and referendum.

Section 71. Abstentions. – No member of the Sanggunian should abstain from voting,except as provided under Section 2 of this Rule. Abstention, if ever allowed to a Member, shallnot be considered in computing the majority vote. Since abstention is not a vote, it does notcount either way.

Section 72. Reconsideration. – Reconsideration shall be governed by the followingrules:

(a.) When a motion, resolution, or ordinance has been approved or lost, it shall be inorder to immediately move for the reconsideration of the decision of the Sanggunianon the same session day, and such motion shall take precedence over all otherquestions except on question of quorum.

(b.) After a report, motion, resolution, or proposed ordinance has been adopted or lost,only the Member who voted with the majority may present a motion forreconsideration of the matter if it is still within the control of the Sanggunian. AMember who voted with the minority may only present a motion for reconsiderationif he/she is seconded by a Member who voted with the majority. A Member whoabstained from voting shall have no right to ask reconsideration or second suchmotion.

(c.) A motion for reconsideration needs a simple majority vote of all SanggunianMembers present.

RULE XVIIDEBATES AND AMENDMENTS

Section 73. No Member shall be allowed to speak before the Sanggunian without firstobtaining the floor. A Member who has obtained the floor shall address all his/her remarks tothe Presiding Officer. He/she shall conduct himself/herself with proper decorum by confininghis/her remarks or arguments to the question under debate and by avoiding personalities.

Section 74. No Member rendering a Committee Report or delivering a sponsorshipspeech shall speak for more than twenty minutes unless allowed by majority of Memberspresent.

Section 75. No Member shall speak for more than twenty minutes on a particular issueor question being debated upon unless he/she is allowed to do so by majority of Memberspresent.


Section 76. During the period of amendments, every Member shall observe the so-called “five-minute rule”, that is, remarks or argumentation by any Member on each proposedamendment shall not exceed five (5) minutes.

Section 77. The Member rendering a Committee Report or delivering the sponsorshipspeech of a proposed measure may move to open or close the debate within the twenty-minuteperiod allowed to him/her. If he/she fails to exercise his/her option, the President Pro-Temporeshall move to open or close the debate and may formally move for it. In any case, after aMember has rendered a Committee Report or has finished his/her sponsorship speech of aproposed measure, it shall be considered open to debate.

Section 78. The speaker may also be interrupted by another Member if the latterdesires to ask questions through his/her privilege to interpolate and by proposing the followingmotions:

(a.) Point of order;(b.) Point of Information;(c.) Point of parliamentary Inquiry;(d.) Raise a question of quorum;

Section 79. All questions addressed to the Member having the floor must always becoursed through the Presiding Officer.

Section 80. The speaker having the floor and who is still delivering his/her speech maydecline to answer questions, if he/she so desires.

Section 81. When a motion to call for the previous question is proposed by a Memberwhich would result in the closing of debate on a pending question, a simple majority affirmativevote is hereby required.

Section 82. After the period of debate has been closed, the period of amendments shallimmediately follow.

Section 83. Unless a different method is adopted by the Members present in aparticular session, amendments to any proposed measure, or parts thereof, shall be in seriatim.Under this seriatim method, the proposed measure is read paragraph by paragraph or sectionby section and after each one is read, amendments can be proposed and debated upon.Thereafter, a vote is taken on the proposed amendment. Eventually, this process will reach itsconclusion and the original measure or proposition is said to have passed the second reading.

RULE XVIIIJOURNAL AND RECORD OF PROCEEDINGS

Section 84. Record of Proceedings. – The Sanggunian shall keep a journal and recordof its proceedings which may be published upon resolution of the majority Members thereof.

Section 85. Minutes. – In addition to the journal of proceedings which is required by thelaw to be kept, the Sanggunian through the Secretary, shall also record its proceedings in theform of Minutes which shall be submitted by the Secretary to the Sanggunian for appropriateaction. It shall contain a clear, concise and orderly account of the business of the session andthe actions taken thereon. It shall contain the following:

(a.) Nature of Session, whether regular, executive or special;(b.) Time, date, and place of session;(c.) Name of the present and absent members;(d.) Action taken on the Minutes of the previous sessions including the correction, if any;(e.) All motions presented or proposed, whether lost or carried, except those withdrawn;(f.) Points of order and appeals and results thereof;(g.) Duration of session stating the time of commencement and adjournment.

Section 86. Reading and Consideration of Previous Minutes. – The Minutes of theprevious session shall be submitted by the Secretary to the Sanggunian during its succeedingRegular session. The Sanggunian shall first determine if there are corrections to be made on


the Minutes and act on it accordingly before the same is adopted and became its property.Consideration of the Minutes shall not be dispensed with. Reading of the Minutes verbatim maybe dispensed with if the members were already furnished a copy beforehand. Being allresponsible men and women, the Members are presumed to have read the minutes alreadybefore they come to the session. In any case, the minutes submitted by the Secretary shall beacted upon by the Members present, one way or the other.

Section 87. Signing of the Minutes. – The original copy of the Minutes shall be signedby the Secretary and the Presiding Officer.

Section 88. Excerpts. – Excerpt to be taken out of the Minutes shall be certified andattested to as correct by the Secretary and the Presiding Officer on that particular session,respectively.

RULE XIXRULES ON MOTIONS

Section 89. All motions relating to a Committee Report, if presented or proposed by thereporting Committee Chair or the reporting Committee Member shall need a seconder.

Section 90. If someone has the floor, whether or not he/she is speaking, a motion toadjourn shall be ruled out of order.

Section 91. All privilege motions may be proposed even if there is a pending motion orquestion before the Body.

Section 92. The following motions can be presented or proposed even if someone hasthe floor, or that the foregoing enumerated motions can interrupt the speaker, viz.:

(a.) Appeal from the Decision of the Chair;(b.) Call for Orders of the Day;(c.) Divide the Body; (d.) Divide the Question;(e.) Object to the Consideration of a Question;(f.) Point of Order;

(g.) Parliamentary Inquiry;(h.) Motion for reconsideration;(i.) Raise a Question of Privilege.

Section 93. Motions or questions which were laid on the table may be taken up througha motion to that effect during that particular session or during the next regular session but notbeyond.

Section 94. The following motions require a second, viz.:(a.) Adjourn;(b.) Adopt a report or resolution;(c.) Amend;

(d.) Appeal from the decision of the Presiding Officer;

(e.) Commit or refer to a committee;

(f.) Expunge from the record;

(g.) Extend or limit the time for debate;

(h.) Fix the time to which to adjourn;

(i.) Lay on the table;

(j.) Postpone definitely;

(k.) Postpone indefinitely;

(l.) Call for the previous Question;

(m.) Recess;

(n.) Motion for Reconsideration;

(o.) Suspend the rules;

(p.) Take from the table; and

(q.) All main motions.

Section 95. A motion to amend (amendment of the 1st degree) and motion to amend anamendment (amendment of the 2nd degree) may be withdrawn but only before a decision ismade thereon.

Section 96. For purposes of these Rules, the following table of rules and precedence of motions shall beobserved:


TYPE & RANK OF MOTIONDoes itneed a

second?

Can itinterrupt

thespeaker?

Is it stan-dard?

Is itdeba-table?

Is itrenew-able?

Can itsvote berecon-

sidered?

Howmany

vote is re-quired?

PRIVILEGE MOTIONS1. Fix the time to which to adjourn YES NO YES YES YES YES M2. Adjourn (if unqualified) YES NO YES YES YES NO M


3. Take a recess YES NO YES YES YES NO M4. Raise a Question of Privilege NO YES NO NO NO5. Call for Order of the Day NO YES NO NO YES NO M

SUBSIDIARY MOTIONS6. Lay on the Table YES NO NO NO YES NO M7. Call for the Previous Question YES NO NO NO YES NO Simple

majority

8. Modify the Limits of Debate YES NO YES NO YES YES Simplemajority

9. Postpone Definitely YES NO YES YES YES YES M10. Commit or Refer to a Committee YES NO YES YES YES YES M11. Amend (unadopted question) YES NO YES YES YES YES M

MAIN MOTIONS1. (a.) General main Motions (b.) Specific Main Motions

Reconsider YES YES NO YES NO NO MRescind or repeal YES NO NO YES NO YES MAdopt a report or resolution YES NO NO YES NO YES MAmend (adopted question) YES NO NO YES NO YES MAdjourn (if qualified) YES NO YES YES YES NO MTake from the table YES NO NO NO YES NO MExpunge YES NO NO YES NO YES Simple

majority

INCIDENTAL MOTIONSSuspend the rules YES YES NO NO NO NO Simple

majority

Withdraw a motion NO NO NO NO NO YES MObject to the consideration of a question NO YES NO NO NO YES Simple

majority

Raise a point of order NO YES NO NO NORaise a point of information NO YES NO NO NORaise a parliamentary inquiry NO YES NO NO NOAppeal from the decision of the Chair YES YES NO YES NO YES MCall for the division of the Body YES YES NO NO NO NO MAsk for the division of the question YES YES YES NO NO NO MAsk/request permission to read papers NO NO NO NO YESMotion to reopen or close nominations or

pollsYES NO YES NO NO YES M

RULE XXUNPARLIAMENTARY ACTS AND WORDS

Section 97. Unparliamentary Acts and Words. - All indecent or demeaning acts,words and declarations against any person or class or class of persons or public institution arehereby declared unparliamentary.

No Member of the Sanggunian, under any circumstances and during the debate, shalluse offensive or improper language against other Member of the Sanggunian or against anyperson, public officer or institution. Any Member of the Sanggunian who utters anyunparliamentary word or commits an unparliamentary act may be sanctioned as follows:

(a.) The Presiding Officer shall, motu proprio, or at the instance of another Member, callhim/her to order. The erring Member shall immediately take his/her seat, if he/shehas the floor. In case a point of order is raised and sustained by the PresidingOfficer, said Member shall not continue speaking without the consent of theSanggunian upon motion is made and duly seconded.

(b.) When a Member is called to order for using improper and offensive words during adebate, upon motion made by another Member, such words shall be orderedstricken from the records.

(c.) In addition to the foregoing, depending on the seriousness of the violationcommitted by a Member, upon proper motion, the Presiding Officer may reprimandthe erring Member and such reprimand shall be inserted in the records.

(d.) In case of disorderly behavior, the Sanggunian, by a two-thirds (2/3) vote mayimpose such penalty as may be warranted by the disorderly behavior committed,


without prejudice to the institution of the proper administrative and/or criminal actionas the circumstances may warrant.

RULE XXIDISCIPLINARY ACTIONS

Section 98. Penalty. – Any Member who commits an act in transgression of theforegoing Internal Rules of Procedure shall be punished with the corresponding penaltieshereunder prescribed, to wit;

ACT PUNISHABLE PENALTY

(a.) Any unjustified absence with prior notice Fine of not less than P50.00 but not morethan P200.00.

(b.) Any unjustified absence in four (4)consecutive sessions

Fine of not less than P1,000.00 but notmore than P3,000.00 without prejudice tothe filing of the correspondingadministrative charge as per Art. 124 (c).IRR of R.A. 7160.

(c.)Coming in late in any kind of session Fine of not less than P25.00 but not more than P50.00 per hour of being late or fraction thereof.

(d.) Refusal without valid excuse to performofficial function

Fifteen (15) days suspension withoutrenumeration.

(e.) Unjustified absence in committee hearing ofwhich he/she is regular member

Fine of not less than P50.00 but not more than P500.00 without prejudice to the filing of corresponding administrative charge for neglect of duty.

Section 99. Requisites. The penalty of suspension or expulsion to be imposed shallrequire the concurrence of at least two thirds (2/3) vote of all the members of this Sanggunian.For other kinds of penalty only a majority vote of all the members of the Sanggunian shallsuffice.

Section 100. Collection of Fines and its Disposition. The Secretary to theSanggunian shall collect the fines as may be imposed by this Sanggunian and shall takecustody thereof as a private trust fund. In the disposition or disbursement of the said fund, theSanggunian shall convert itself into a Committee En Banc and then decide upon a majority voteof all its Members how and for what purpose the said fund would be spent.

RULE XXIISUSPENSION OF THE RULES

Section 101. Any part of these Rules, except those prescribed by existing laws, maybe suspended at any particular session by majority vote of the Members present therein.

RULE XXIIIAMENDMENTS

Section 102. These Rules may be amended at any Regular Session by a majorityvote of all the Members of the Sanggunian: Provided, That prior notice of such proposedamendment is given to all the Members of the Sanggunian, and, Provided, further, That noprovision herein which is based on, or prescribed by, existing laws shall be amended.


RULE XXIVSUPPLEMENTARY RULES

Section 103. In the absence of specific provisions in these Rules applicable to a givensituation, the pertinent provisions of the rules governing the proceedings of the Congress of thePhilippines shall be made applicable which shall be deemed suppletory to these rules. In theabsence of specific rules or provisions in the Rules of both Sanggunian and Congress of thePhilippines, the Roberts Rule of Order shall govern; however, the Sanggunian may adopt suchrules to govern the situation not herein contemplated, consistent with the provisions of theCharter of General Santos City, as amended, and in keeping with the tenets of fair play andjustice.

RULE XXVFINAL PROVISIONS

Section 104. Repealing Clause. - All resolutions, ordinances, and rules of procedures,or part or parts thereof which are inconsistent with any of the provisions of these Rules arehereby repealed or modified accordingly.

Section 105. Effectivity. - These Rules shall take effect immediately upon approval.

Passed by the 18th Sangguniang Panlungsod of the City of General Santos on its 1st

Regular Session held on July ____, 2016.

CERTIFIED CORRECT:

ATTY. ROSENDO A. ROQUE Secretary to the Sanggunian

ATTESTED BY:

SHIRLYN L. BAÑAS-NOGRALES City Vice Mayor and Presiding Officer


Documents

RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE …spgensantos.ph/wp-content/uploads/2016/07/PIR16180002.pdf · President of the City Chapter of the Liga ng mga Barangay, the