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INTERNAL RULES AND PROCEDURE
Republic of the Philippines
City of Baguio
Brookside Barangay
OFFICE OF THE SANGGUNIANG BARANGAY
Resolution No: 4-30
Series of 2011
A BARANGAY RESOLUTION ADOPTING THE INTERNAL RULES AND PROCEDURE FOR THE SANGGUNIANG BARANGAY OF BROOKSIDE
WHEREAS, The Sangguniang Barangay of Brookside is a legislative body duly organized pursuant to law for the enactment of ordinance and the adoption of resolution for the governance of Barangay BROOKSIDE.
WHEREAS, pursuant to the provisions of RA 7160, otherwise known as the Local Government Code of 1991, and book 1, chapter 3, section 50 provide that local Sangguniang bodies have the inherent right and obligation of adopting its own rules of procedure for the proper discharge of legislative functions;
WHEREAS, in the maintenance of good order in Sangguniang deliberations, it is necessary that specific rules be adopted and enforced in the interest of effective legislation;
NOW THEREFORE;
BE IT RESOLVED by the Sangguniang Barangay of Brookside to adopt the following Rules of Procedure to govern its deliberations:
RULE 1 – MEMBERSHIP
Section 1 - COMPOSITION – The Sangguniang Barangay of Brookside shall be composed of the Punong Barangay as the presiding officer, seven (7) members elected at large, and the Chairman of the Sangguniang Kabataan who shall be elected by the registered voters of the Katipunan ng Kabataan.
Section 2 - TERM OF OFFICE – The term, of office of the members of the Sangguniang Barangay of Brookside shall be three (3) years, which shall commence on such dates as may be provided by law.
Section 3 - OATH OF AFFIRMATION – All the members of the Sangguniang Barangay of Brookside shall upon assumption to office, take an oath of Office or Affirmation in the prescribed form, duly subscribed before a person authorized to administer oaths.
Copies of the Oath of Affirmation of Office shall be filed and preserved in the office of the City Mayor of Baguio.
RULE 2 – PRESIDING OFFICER
Section 4 - THE PRESIDING OFFICER – The Punong Barangay shall be the presiding officer of the Sangguniang Barangay of Brookside. The Presiding Officer shall vote only to break a tie.
If the Punong Barangay cannot preside a regular/special session, the Sangguniang Barangay members present constituting a quorum shall elect from
among themselves a temporary presiding officer. The temporary presiding officer shall not vote even in case of a tie but shall certify within ten (10) days from their passage all ordinance and resolutions enacted or adopted by the Sangguniang Barangay of Brookside.
Section 5 - POWERS AND DUTIES OF THE PRESIDING OFFICER – The Punong Barangay as the presiding officer shall:
a.) Exercise such powers and perform such other duties and functions, as provided by RA 7160 (LGC) and other laws.
b.) For efficient and effective economic governance, the purpose of which is the general welfare of the Barangay and its inhabitants pursuant to section 16 of this code, the Punong Barangay shall:
1) Enforce all laws and ordinances which are applicable within the Barangay
2) Negotiate and enter into, and sign contracts for and in behalf of the Barangay, upon authorization of the Sangguniang Barangay
3) Maintain public order in the Barangay and, in pursuance thereof, assist the City Mayor and the Sangguniang members in the performance of their duties and functions
4) Call and preside over the sessions on the Sangguniang Barangay and the Barangay Assembly, and vote only to break a tie
5) Upon approval by a majority of all members of the Sangguniang Barangay, appoint or replace the Barangay Treasurer, Secretary, and other appointive officials
6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the Barangay
7) In coordination with the Barangay Development Council, prepare the annual executive and supplemental budgets of the Barangay
8) Enforce all laws and regulations relating to pollution control and protection of the environment
9) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of RA 7160
10) Approve vouchers relating to the disbursement of Barangay funds
11) Exercise general supervision over the activities of the Sangguniang Kabataan
12) Ensure the delivery of basic services as mandated under section 17 of RA 7160
13) Conduct an annual Palarong Pambarangay which shall feature traditional sports and discipline included in national and international games in coordination with the DepED
14) Promote the general welfare of the Barangay
15) Exercise such other powers and perform other duties and functions as may be prescribed by law or ordinance
c.) In the performance of his peace and order functions, the Punong Barangay shall be entitled to posses and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations
RULE 3 – APPOINTIVE BARANGAY OFFICIALS
Section 6 - THE BARANGAY SECRETARY – The Barangay secretary shall be appointed by the Punong Barangay with the concurrence of the majority of the Sangguniang Barangay Members. Law or ordinance shall determine his/her compensation, allowance and other emoluments.
The appointment of the Sangguniang Secretary shall be in accordance with civil service law, rules and regulations
No person shall be appointed Barangay Secretary if he/she is a Sangguniang Barangay Member or a relative of the Punong Barangay within the fourth (4th) civil degree of consanguinity or affinity.
Section 7 - POWERS AND DUTIES OF THE BARANGAY SECRETARY
a.) Keep custody of all records of the Sangguniang Barangay and the Barangay General Assembly meetings.
b.) Prepare and keep the minutes of all meetings of the Sangguniang Barangay and the Barangay Assembly Meetings.
c.) Prepare a list of the members of the Barangay Assembly, and have the same posted in conspicuous places within the Barangay.
d.) Assist in the preparations of all necessary forms for the conduct of Barangay elections, initiatives, referenda or plebiscites, in coordination with the COMELEC.
e.) Keep an updated record of all inhabitants of the Barangay containing the following items of information: Name, Address, Gender, Birth date, Age, Birth Place, Civil Status, Blood Type, Education, Occupation, Citizenship, Pets, Vehicles, Precinct # and, Residency status.
f.) Exercise such other powers and perform such other duties and functions as may be required by law or ordinance.
Section 8 - THE BARANGAY TREASURER – The Punong Barangay shall appoint the Barangay Treasurer with the concurrence of the majority of all the Sangguniang Members. Law or ordinance shall determine his/her compensation, allowances and other emoluments.
The Barangay Treasurer shall be bonded in accordance with existing laws in an amount to be determined by the Sangguniang Barangay, but not exceeding ten thousand pesos (Ps10,000.00), premiums for which shall be defrayed by the city.
No person shall be appointed Barangay Treasurer is he/she is a Sangguniang Barangay Member or a relative of the Punong Barangay within the fourth (4th) civil degree of consanguinity or affinity.
Section 9 - POWERS AND DUTIES OF THE BARANGAY TREASURER
a.) Keep custody of Barangay property and funds not deposited with the city treasurer
b.) Collect and receive taxes, fees, contribution, monies, materials and other resources accruing to the Barangay treasury and issue official receipts thereof.
c.) Disburse funds in accordance with the financial procedure provided in laws, rules and, regulations
d.) Submit to the Punong Barangay certified and detailed monthly statements of actual receipts within such period as may be provided by law or ordinance.
e.) Render a written monthly accounting report of all Barangay funds and property under his/her custody, which shall be made available to the public or the members of the Barangay assembly and other government agencies concerned. The treasurer shall also post the same at the Barangay Hall Bulletin Board.
f.) Certify to the availability of funds whenever necessary
g.) Exercise such other powers and perform such other functions as may be prescribed by law or ordinance.
Section 10 - OTHER APPOINTIVE OFFICIALS – the qualifications, duties and functions of all other Barangay officials appointed by the Punong Barangay shall be governed by the provisions of law or by ordinance.
RULE 4 – SESSIONS
Section 11 - REGULAR SESSION – the regular session of the Sangguniang Barangay of Brookside shall be twice a month on the first (1st) and third (3rd) Thursday of the month at two o’clock (2:00PM) in the afternoon to be held at the Brookside Barangay Hall or such other place decided by the body immediately preceding the session.
Section 12 - SPECIAL SESSIONS – As often as necessary, when public interest so demands, special sessions may be called by the Punong Barangay or a majority of the members of the Sangguniang Barangay.
In special sessions, a written notice to the Sangguniang Barangay members, stating the date, time, place and purpose of the session, shall be served personally or left with a members of the household at his usual place of residence three (3) days prior to the date of meeting. Unless otherwise agreed upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
Section 13 - EMERGENCY MEETING – Emergency meetings may be called for at any time and at any date by the Punong Barangay or Majority of the Sangguniang Barangay members immediately in regards to national emergency situations such as calamity particularly earthquakes, super typhoons, floods, conflagration, andpolitical uprisings.
Section 14 - CALL TO ORDER – The presiding officer shall open the session by calling the Sanggunian to order. After the Presiding Officer has called to order, a designated public official shall conduct an invocation.
Section 15 - ATTENDANCE IN SESSION – Every member of the Sangguniang shall be present in all session unless expressly excluded by it or necessarily prevented from doing so by death of a relative up to second (2nd) degree of consanguinity.
Section 16 - OPEN TO THE PUBLIC – Sanggunian sessions or meetings of any committee thereof shall be open to the public unless a closed session is decided or ordered by the majority of the Sanggunian members present, there being a quorum, in the public interest or for reasons of security, decency or morality, or for reasons affecting the dignity of the Sanggunian or, any of its members, or when confidential matters are being considered.
On a motion to hold a closed session duly approved, the presiding officer shall direct the session hall cleared and doors closed.
Only the secretary and such other persons as are specifically authorized by the sanggunian shall be admitted to the closed sessions. They shall preserve the secrecy of whatever may be read or said at the session. Further only the Sanggunian members are allowed to deliberate and appointees are only allowed to speak when requested or ordered by the body. Appointees who are ruled out of order shall be reprimanded or be expelled from the session for persistent violation of this section.
Section 17 - SUSPENSION AND ADJOURNMENT OF SESSION – Sessions of the Sanggunian shall not be suspended or adjourned [sine die] except by the direction of the Sanggunian itself, but the presiding officer, may, in his discretion, declare recess of short intervals.
Adjourned meeting ,that is, a continuation of a regular or special meeting in which any business left pending when the original meeting was adjourned may be taken up, on the other hand may be directed by the sanggunian members present. An adjourned meeting may be held at any time, provided it is not beyond that fixed for the next regular meeting.
Section 18 - OPENING AND ADJOURNMENT TO BE ENTERED IN THE MINUTES – The exact time of opening and adjournment of a session shall be entered in the minutes.
RULE 5 – ROLL CALL AND QUORUM
Section 19 - QUORUM – a majority of all the elective officials to include the secretary and treasurer shall constitute a quorum, i.e. Six (6) members must be present to constitute a quorum to transact official business.
Should a question of quorum be raised during the session, the presiding officer shall immediately proceed to call the roll call of the members and thereafter announce the result. In case of a diminishing quorum, adjourn sine die shall be immediately declared and no business transaction shall be entertained.
Section 20 – ABSENCE OF QUORUM – where there is no quorum in a given session, the presiding officer may declare a recess for thirty minutes. After thirty minutes, if quorum was declared, the session shall resume. Upon resumption, members who arrive within another thirty minutes shall be declared tardy and fined accordingly. After the one hour lapse from the first roll call, members arriving are declared absent and also to be fined accordingly.
If there is still no quorum despite other remedies to constitute a quorum, no business shall be transacted, the presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
Section 21 – MOTION TO ADJOURN VACATES CALL – At any time after the roll call has been completed, a motion to adjourn shall be in order, and if approved by majority of those present, all proceeding shall be vacated.
RULE 6 – COMMITTEES
Section 22 – STANDING COMMITTEES – The Punong Barangay shall appoint the following standing committee chairman, and the standing committee chairman shall choose two (2) members among the Sanggunian.
a.) Committee on Budget and Appropriation – All matter relating to the approval of the budget; appropriation of funds for payment of obligations; taxation ordinances and monetary and fiscal matters.
b.) Committee on education and culture – All matters relating to education and culture, local school, colleges and universities, libraries, non-formal and community – adult education. Further, the absence of SK in the Barangay, the chairman shall be responsible to all matters relating to the youth, promotion of the youths moral, physical, intellectual and social well being, and the development of sports and sportsmanship in coordination with the Don Mariano Marcos Elementary School.
c.) Committee on Social Services – All matters relating to the strengthening and development of family life; human ecology and settlements; social welfare and ameliorative services; woman and child abuse and, moral and religious formation of the community.
d.) Committee on Health and Sanitation – All matter relating to public health and hygiene, sanitary permits as well as recreation and environmental protection.
e.) Committee on Trade and Industry – All matter relating to food production, economics and business permits; Organization and supervision of local cooperatives; consumer protection and development of cottage industries.
f.) Committee on Rules, Peace and, Order – All matters relating to the maintenance of public order and security; civil defense; Liaison with the PNP; Organization and maintenance of Barangay Tanods; Implementation of local ordinances; Revision, amendment and/or enforcement of the IRP; Human rights; Legal aid; Maintenance of punitive or corrective programs; Fire; Accident and crime prevention; investigation of misfeasance, malfeasance and non-feasance against local officials and employees; and the conduct, rights, privileges, safety, dignity, integrity and reputation of the Sanggunian and its members.
g.) Committee on Public Works, Highways and, Communications – All matters relating to planning, construction, maintenance, improvement and repair of public building, highways, bridges, roads, parks, monuments and other public edifices, drainage, sewerage and flood control protection; Water utilities; Tourism; Land transportation and, the telecommunication services.
Whenever a measure covers a subject matter falling within the jurisdiction of more than one committee, said measures shall be referred jointly to the committees concerned.
Section 23 – MEMBERSHIP, OFFICERS &, ELECTION – Each standing committee shall have a chairperson to be appointed by the Punong Barangay and the chairperson of the said particular committee shall choose two (2) members from the Sanggunian.
The Punong Barangay shall have a voice and vote in all committee meetings.
Section 24 – LIMITATION – No members of a committee shall act upon or participate in any matter in which he has special, direct and substantial interest.
Section 25 – SPECIAL COMMITTEES – The Sanggunian may organize special committees as it may deem necessary to resolved matters that is exceptional, unique, and extraordinary in nature. The Punong Barangay may appoint the chairman and members of the special committee depending on their technical qualifications.
Section 26 – VACANCY – Whenever a vacancy occur or is declared to exist in any committee, the same shall be filled by election of the Sanggunian.
Section 27 – COMMITTEE MEETING OR HEARINGS – The committees shall determine the frequency of their meetings. Committee meetings or hearings shall be held only at public buildings.
Section 28 – COMMITTEE REPORTS AND ORDERS – Committee reports and/or orders on any ordinance or resolution shall be considered in formal meetings and shall not be submitted to the Sanggunian unless accompanied by the minutes of the meeting or hearing of the committee, which adopted them.
Committee reports shall be submitted every 2nd regular meeting of the month and the members thereof shall be presumed to have concurred in the report and shall be precluded from opposing the same, unless they have entered their objection thereto during the committee meeting.
RULE 7 – ORDER AND CALENDAR OF BUSINESS
Section 29 – ORDER OF BUSINESS – The order of business of the Sangguniang Barangay for every session shall be:
a.) Call to order
b.) Invocation
c.) Roll Call
d.) Reading and approval of previous minutes
e.) [EXECUTIVE REPORTS] First reading and referral to committees of proposed ordinances, resolutions, messages, communications, petitions and memorials
f.) Standing Committee reports
g.) Special Committee reports
h.) Calendar of business
- Unfinished business
- Business for the day
- Unassigned business
i.) Other matters
j.) Adjournment
Section 30 – APPROVAL OF MINUTES – the minutes of each session shall be submitted to the Sanggunian for approval.
Section 31 – CALENDAR OF BUSINESS – the calendar of business shall consist of the following parts:
a.) Unfinished business – Businesses being considered by the Sanggunian at the time of its adjournment. Its consideration shall be presumed until such unfinished business is disposed of. Thereafter, the presiding officer shall call for the business of the day.
b.) Business for the day – Proposed ordinance, resolutions and other measures set on the calendar for consideration on that day, to be considered in the order in which are listed in the calendar.
c.) Unassigned business – Proposed ordinances, resolutions, and other measures reported out by committees but not calendared earlier. Any business included in this part of the calendar may be set for consideration on motion of a member with unanimous approval of the Sanggunian members present at a session, there being a quorum.
Section 32 – DISTRIBUTION OF CALENDAR – the calendar shall be distributed each day of session, unless there be no addition to the one previously distributed, in which case a note to this effect on the order of business shall be sufficient.
RULE 8 – ORDINANCES AND RESOLUTIONS
Section 33 – ORDINANCES AND RESOLUTIONS DISTINGUISHED – Legislative actions of a general and permanent character shall be enacted in the form of ordinance, while those, which are temporary in character, shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolutions.
Section 34 – ESSENTIAL PARTS OFORDINANCES AND RESOLUTIONS – Proposed ordinances shall be in writing and shall contain an assigned number, a title, an enacting or ordaining clause, date of its proposed affectivity, brief explanatory note containing the justification for its approval shall accompany every proposed ordinance. It shall be signed by the author or authors and submitted to the secretary who shall report the same to the Sanggunian at its next session.
Section 35 – FIRST READING – The secretary shall report all proposed ordinances and resolutions to the Sanggunian members for the first reading at least three (3) days before a regular or special session.
The first reading of a proposed ordinance or resolution shall only be corrected any day after the approval of minutes.
Only the chairman or vice-chairman of the committee to which a proposed ordinance or resolution was erroneously referred, as well as the chairman or vice-chairman of the committee claiming jurisdiction over the proposed ordinance or resolution, may move that the referral be declared erroneous , and ask for its correction. However, the presiding officer may muto propio rectify an erroneous referral.
Section 36 – PERIOD TO REPORT – The committee shall submit a report on the proposed ordinance or resolution within thirty (30) days after it has been referred to it.
If the committee report on a proposed ordinance or resolution is favorable, it shall be included in the calendar of business.
If the committee report on a proposed ordinance or resolution is unfavorable, it shall be laid on the table and within ten (10) days, notice of the action taken will be furnished to the author/s concerned, stating the reason/s for such action. Provided, that within five (5) days after receipt of the notice of the Sanggunian may consider the committee reconsideration.
Section 37 – URGENT MEASURES – Any legislative matter duly certified by the Punong Barangay as urgent, whether or not it is included in the calendar of
business, may be presented and considered by the Sanggunian in session without need of suspending the rules.
The sanggunian, likewise, may, on motion made by the chairman or vice – chairman of the committee concerned, consider a proposed ordinance or resolution as urgent and consideration thereof shall be scheduled according to its timetable.
If said motion is approved, the sanggunian shall forthwith prepare a detailed timetable fixing the date on or before which the proposed ordinance or resolution must be reported by the committee concerned, the number of days or hours to be allotted to the consideration of the measure on second reading, and the date or hour at which proceedings must be concluded and final vote on said measures taken.
Section 38 – SECOND READING AND DEBATE – No proposed ordinance or resolution shall be considered on second reading in any regular session unless the proper committee to which it was referred or certified as urgent by the Punong Barangay has reported it out.
Section 39 – DEBATE AND CLOSURE OF MEMBERS – in the discussion of any measure, a motion to close the debate shall be in order after two (2) speeches for and one against, or after only one speech for has been delivered and none entered against it.
When several members have registered or signified their intention to speak on the matter under consideration and when said matter has been sufficiently and thoroughly discussed by the member speaking, the Presiding Officer, muto propio, or upon motion by a member, order that a member having the floor shall desist from speaking so that other members may not be deprived of their opportunity to speak.
Section 40 – FIVE MINUTE RULE – After the close of debate, the Sanggunian shall proceed to the consideration of committee amendments. Members who desire to speak for or against an amendment shall have only five (5) minutes to do so.
Section 41 – APPROVAL OF MEASURES ON SECOND READING – The Sanggunian secretary shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading and shall distribute to each sanggunian member a copy thereof, except that a measure certified by the Punong Barangay as urgent may be submitted for final voting immediately after the debate and/or amendments during the second reading.
After the amendment has been acted upon, the proposed ordinance or resolution shall be voted on second reading.
Section 42 – THIRD READING – A proposed ordinance or resolution approved on second reading shall be included in the calendar for the third reading.
No ordinance or resolution shall be approved unless it has passed three readings, and copies thereof in its final form have been distributed to the members at least three (3) days before its passage, except when the Punong Barangay or the Sanggunian certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the third reading of a proposed ordinance or resolution, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter and the ayes and nays entered in the minutes.
Section 43 – APPROVAL OF RESOLUTIONS – A resolution shall be enacted in the same manner prescribed for ordinances, except that it need not go through a separate third (3rd) reading for its final consideration unless decided otherwise by a majority of all the Sanggunian members.
Section 44 – MAJORITY REQUIREMENT – No ordinance or resolutions passed by the Sanggunian shall be valid unless approved by a majority of the
members present, there being a quorum. Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the affirmative vote of a majority of all the Sanggunian members for its passage.
Upon the passage of all ordinances or resolutions, the Sanggunian secretary shall record the ayes and nays. Each approved ordinance or resolution shall be stamped with the official Barangay seal and recorded in a book kept for the purpose.
Section 45 – SPECIAL PROVISIONS ON THE BUDGET ORDINANCE – The Sanggunian shall in no case increase the appropriation of any project or program over the amount submitted by the Punong Barangay in his budget proposal.
After the Punong Barangay shall have submitted the annual general appropriation measure, supplemental appropriation measure shall be considered only if supported by actual available funds as certified to by local treasurer or by funds raised by corresponding revenue proposal included therein.
Section 46 – REVIEW BY THE SANGGUNIANG PANGLUNSOD – Within ten (10) days after enactment, the Sangguniang Barangay shall furnish copies of the Barangay ordinance to the Sangguniang Panlungsod for review, as to whether the ordinance is consistent with law and with city ordinance.
Failure on the part of the Sangguniang Panlungsod to take action on Barangay ordinances within thirty (30) days from receipt thereof, said ordinance is presumed consistent with law and with city ordinances and thereof, valid.
If within thirty (30) days, the Sangguniang Panlungsod finds the Barangay ordinance inconsistent with law or with city ordinance, the Sangguniang Panlungsod shall return the ordinance with its comments and recommendations to the Sangguniang Barangay for adjustment, amendment or modification, in which case, the affectivity of the ordinance shall be deemed suspended.
Section 47 – ENFORCEMENT OF DISAPPROVED MEASURES – Any attempt to enforce, promulgate or execute any ordinance, resolution or executive order after the disapproval thereof shall be sufficient ground for the suspension or dismissal of the officer making such attempt.
Section 48 – EFFECTIVITY OF ENACTMENTS – Unless otherwise stated in the ordinance or resolution, the same shall take effect after the lapse of Ten (10) days from the date a copy is posted in a bulletin board at the entrance of the Barangay hall and at least two (2) other conspicuous places, such as church or chapel, school, or sari-sari stores.
Not later than five (5) days after the passage of the ordinance or resolution, the Sanggunian Secretary shall cause the posting thereof in English together with the copy translated in the dialect used by the majority of the people in the area, and shall record such fact in a book kept for the purpose, stating the dates of approval and posting thereof.
RULE 9 – DECORUM AND DEBATE
Section 49 – MANNER OF ADDRESSING THE CHAIR – When a member desires to speak, he shall rise and respectfully address the chair “Mr. Chairman” or “Mr. Presiding Officer”.
Section 50 – RECOGNITION OF MEMBER TO SPEAK – When two or members rise at the same time; the Presiding Officer shall determine and recognize the member who is to speak first.
Section 51 – time limit of speeches – No member shall occupy more than fifteen (15) minutes in debate on any question or speak for more than once on any question without leave of the Sanggunian, except as hereinafter provided. The period of interruption shall not be counted against the time of the member speaking.
S ection 52 – DECORUM TO OPEN AND CLOSE DEBATE – in case, the member who has obtained the floor shall confine himself/herself to the question under debate, He/she shall refrain from uttering words, or performing acts, which are inconsistent with decorum.
Section 53 – CONDUCT DURING SESSIONS – During the session, the members shall be in green uniform and to observe proper decorum.
While the presiding officer is addressing the Sanggunian or putting a question, no member shall walk out of the session hall.
All cell phones shall be on a silent mode.
Section 54 – SMOKING IN THE SESSION HALL IS STRICTLY PROHIBITED – Smoking inside the session hall shall not be permitted while in session.
Section 55 – DRINKING IN SESSION SHALL NOT BE PERMITTED – Drinking any intoxicating substances during session is prohibited.
Members found to be heavily, that is a member who consumed alcohol at least six hours before the meeting. Hang-over is considered intoxicated but not drunk, intoxicated before the session shall not be allowed to speak during the deliberation and his/her right to vote be suspended for the duration of the meeting.
Section 56 – DISCIPLINE OF MEMBERS – The Sanggunian may punish its members for disorderly behavior and, with the concurrence of at least two-thirds (2/3) of all its members, fine, censure, reprimand or, exclude the erring member from session. [
Section 57 – EXPULSION – A member who shall incur absences without justifiable cause for four (4) consecutive sessions shall be automatically excluded from the ongoing session. Provided further, that a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian.
RULE 10 – VOTING AND MOTIONS
Section 58 – A TIE ON AN APPEAL – a tie vote on appeal from the ruling of the chair sustains the decision of the chair.
Section 59 – WHO MAY VOTE – When a motion, report or proposed measure is adopted or lost, it shall be in order for a member who votes with the majority to move for the reconsideration thereof on the same or succeeding session day. Such motion shall take precedence over all other questions, except a motion to adjourn, to raise a question or privilege and call to order.
Section 60 – RECORDING THE MOTION – Every motion shall be entered in the minutes with the name of the member making it, unless it is withdrawn on the same day.
Section 61 – READING AND WITHDRAWAL OF MOTIONS – When a motion is made, the presiding officer shall state it before being debated. Except as herein otherwise provided, a motion may be withdrawn anytime before its approval or amendment.
Section 62 – PRECEDENCE OF MOTION – When a question is under debate, no motion shall be entertained except to adjourn, raise a question of privilege, declare a recess, lay on the table, or postpone to a certain day (which motions shall be decided without a debate), refer, amend or postpone indefinitely (which motions shall be decided subject to five minute rule). Said motions shall have precedence in the foregoing order. No motion to postpone to any certain day, or refer or postpone indefinitely, having failed passage, shall again be allowed on the same day.
Section 63 – AMENDMENTS – When a motion or proposition is under consideration, a motion to amend and a motion to amend the amendment shall be in order. It shall be in order to offer further amendment by substitution, but it shall not be voted upon until the original motion or proposition is perfected. Any of said amendment may be withdrawn before a decision is made thereon.
Section 64 – RIDER PROHIBITED – No motion or proposition on a subject different from that under consideration shall be allowed under the color of amendment.
Section 65 – MOTION TO COVER ONE SUBJECT MATTER – No motion shall cover more than one subject matter.
Section 66 – AMENDMENT OF TITLE – Amendments to the title of a proposed ordinance or resolution shall not be in order until after the text thereof has been perfected. Amendments to the title shall be decided without debate.
Section 67 – CALL TO ORDER – A motion to read and part of the rules is equivalent to a call to order and take precedence over any motion other than to adjourn.
a.) Those affecting the rights of the Sanggunian: its safety, dignity and, the integrity of the members.
b.) Those affecting the rights, reputation and conduct of the members’ individuality, in their capacity as such members subject to five minute rule, questions of privilege shall have precedence over all questions, except a motion to adjourn.
Section 68 – PRIVILEGE QUESTION – Privilege questions are those motions or subject matters, which, under the rules, take precedence over other motions and subject matters.
RULE 11 – SUSPENSION OF RULES
Section 69 – WHO CAN MOVE – Only the chairman or vice-chairman of the Committee on Rules can move for the suspension of the rules.
Section 70 – VOTE REQUIRED – No rule shall be suspended except by a two-thirds (2/3) of all the members, quorum being present.
Section 71 – INTERRUPTION OF MOTION – When a motion to suspend the rules is pending, one motion to adjourn may be entertained. If it is lost, no similar motion is entertained until the vote is taken on the motion to suspend.
Section 72 – EFFECT OF SUSPENSION – If the Sanggunian votes to suspend the rules, it shall forthwith proceed to consider the measure. A two-thirds (2/3) vote of the members present shall be necessary for the passage of said measure, a quorum being present.
RULE 12 – OFFICIAL SEAL
Section 73 – The Official Barangay Seal of Brookside Barangay shall be:
RULE 13 – AMENDMENTS
Section 74 – AMENDMENTS – Any portion of these rules may be amended by a majority vote of all the Sanggunian Members.
RULE 14 – EFECTIVITY
Section 75 – These rules shall take effect on the date of its adoption.
ADOPTED, this 7th day of April, 2011, at Brookside Barangay, Baguio City, Philippines on motion by Kgd. Jesus Balandi, and duly seconded by all other Barangay Kagawad present.
CERTIFIED TRUE AND CORRECT
Sharon D. As-il
Barangay Secretary
ATTESTED:
RICO W. TIBONG
Punong Barangay
Anselmo T. Pablo
Barangay Kagawad
Maximo D. Gayo
Barangay Kagawad
Mary Concepcion P. Allan
Barangay Kagawad
Jonathan N. Villena
Barangay Kagawad
Jesus G. Balandi
Barangay Kagawad
Maribeth C. Tecan
Barangay Kagawad
Johnny P. Mangayan
Barangay Kagawad
Isabel N. Vicente
Barangay Treasurer
City of Baguio
Brookside Barangay
OFFICE OF THE SANGGUNIANG BARANGAY
Resolution No: 4-30
Series of 2011
A BARANGAY RESOLUTION ADOPTING THE INTERNAL RULES AND PROCEDURE FOR THE SANGGUNIANG BARANGAY OF BROOKSIDE
WHEREAS, The Sangguniang Barangay of Brookside is a legislative body duly organized pursuant to law for the enactment of ordinance and the adoption of resolution for the governance of Barangay BROOKSIDE.
WHEREAS, pursuant to the provisions of RA 7160, otherwise known as the Local Government Code of 1991, and book 1, chapter 3, section 50 provide that local Sangguniang bodies have the inherent right and obligation of adopting its own rules of procedure for the proper discharge of legislative functions;
WHEREAS, in the maintenance of good order in Sangguniang deliberations, it is necessary that specific rules be adopted and enforced in the interest of effective legislation;
NOW THEREFORE;
BE IT RESOLVED by the Sangguniang Barangay of Brookside to adopt the following Rules of Procedure to govern its deliberations:
RULE 1 – MEMBERSHIP
Section 1 - COMPOSITION – The Sangguniang Barangay of Brookside shall be composed of the Punong Barangay as the presiding officer, seven (7) members elected at large, and the Chairman of the Sangguniang Kabataan who shall be elected by the registered voters of the Katipunan ng Kabataan.
Section 2 - TERM OF OFFICE – The term, of office of the members of the Sangguniang Barangay of Brookside shall be three (3) years, which shall commence on such dates as may be provided by law.
Section 3 - OATH OF AFFIRMATION – All the members of the Sangguniang Barangay of Brookside shall upon assumption to office, take an oath of Office or Affirmation in the prescribed form, duly subscribed before a person authorized to administer oaths.
Copies of the Oath of Affirmation of Office shall be filed and preserved in the office of the City Mayor of Baguio.
RULE 2 – PRESIDING OFFICER
Section 4 - THE PRESIDING OFFICER – The Punong Barangay shall be the presiding officer of the Sangguniang Barangay of Brookside. The Presiding Officer shall vote only to break a tie.
If the Punong Barangay cannot preside a regular/special session, the Sangguniang Barangay members present constituting a quorum shall elect from
among themselves a temporary presiding officer. The temporary presiding officer shall not vote even in case of a tie but shall certify within ten (10) days from their passage all ordinance and resolutions enacted or adopted by the Sangguniang Barangay of Brookside.
Section 5 - POWERS AND DUTIES OF THE PRESIDING OFFICER – The Punong Barangay as the presiding officer shall:
a.) Exercise such powers and perform such other duties and functions, as provided by RA 7160 (LGC) and other laws.
b.) For efficient and effective economic governance, the purpose of which is the general welfare of the Barangay and its inhabitants pursuant to section 16 of this code, the Punong Barangay shall:
1) Enforce all laws and ordinances which are applicable within the Barangay
2) Negotiate and enter into, and sign contracts for and in behalf of the Barangay, upon authorization of the Sangguniang Barangay
3) Maintain public order in the Barangay and, in pursuance thereof, assist the City Mayor and the Sangguniang members in the performance of their duties and functions
4) Call and preside over the sessions on the Sangguniang Barangay and the Barangay Assembly, and vote only to break a tie
5) Upon approval by a majority of all members of the Sangguniang Barangay, appoint or replace the Barangay Treasurer, Secretary, and other appointive officials
6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the Barangay
7) In coordination with the Barangay Development Council, prepare the annual executive and supplemental budgets of the Barangay
8) Enforce all laws and regulations relating to pollution control and protection of the environment
9) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of RA 7160
10) Approve vouchers relating to the disbursement of Barangay funds
11) Exercise general supervision over the activities of the Sangguniang Kabataan
12) Ensure the delivery of basic services as mandated under section 17 of RA 7160
13) Conduct an annual Palarong Pambarangay which shall feature traditional sports and discipline included in national and international games in coordination with the DepED
14) Promote the general welfare of the Barangay
15) Exercise such other powers and perform other duties and functions as may be prescribed by law or ordinance
c.) In the performance of his peace and order functions, the Punong Barangay shall be entitled to posses and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations
RULE 3 – APPOINTIVE BARANGAY OFFICIALS
Section 6 - THE BARANGAY SECRETARY – The Barangay secretary shall be appointed by the Punong Barangay with the concurrence of the majority of the Sangguniang Barangay Members. Law or ordinance shall determine his/her compensation, allowance and other emoluments.
The appointment of the Sangguniang Secretary shall be in accordance with civil service law, rules and regulations
No person shall be appointed Barangay Secretary if he/she is a Sangguniang Barangay Member or a relative of the Punong Barangay within the fourth (4th) civil degree of consanguinity or affinity.
Section 7 - POWERS AND DUTIES OF THE BARANGAY SECRETARY
a.) Keep custody of all records of the Sangguniang Barangay and the Barangay General Assembly meetings.
b.) Prepare and keep the minutes of all meetings of the Sangguniang Barangay and the Barangay Assembly Meetings.
c.) Prepare a list of the members of the Barangay Assembly, and have the same posted in conspicuous places within the Barangay.
d.) Assist in the preparations of all necessary forms for the conduct of Barangay elections, initiatives, referenda or plebiscites, in coordination with the COMELEC.
e.) Keep an updated record of all inhabitants of the Barangay containing the following items of information: Name, Address, Gender, Birth date, Age, Birth Place, Civil Status, Blood Type, Education, Occupation, Citizenship, Pets, Vehicles, Precinct # and, Residency status.
f.) Exercise such other powers and perform such other duties and functions as may be required by law or ordinance.
Section 8 - THE BARANGAY TREASURER – The Punong Barangay shall appoint the Barangay Treasurer with the concurrence of the majority of all the Sangguniang Members. Law or ordinance shall determine his/her compensation, allowances and other emoluments.
The Barangay Treasurer shall be bonded in accordance with existing laws in an amount to be determined by the Sangguniang Barangay, but not exceeding ten thousand pesos (Ps10,000.00), premiums for which shall be defrayed by the city.
No person shall be appointed Barangay Treasurer is he/she is a Sangguniang Barangay Member or a relative of the Punong Barangay within the fourth (4th) civil degree of consanguinity or affinity.
Section 9 - POWERS AND DUTIES OF THE BARANGAY TREASURER
a.) Keep custody of Barangay property and funds not deposited with the city treasurer
b.) Collect and receive taxes, fees, contribution, monies, materials and other resources accruing to the Barangay treasury and issue official receipts thereof.
c.) Disburse funds in accordance with the financial procedure provided in laws, rules and, regulations
d.) Submit to the Punong Barangay certified and detailed monthly statements of actual receipts within such period as may be provided by law or ordinance.
e.) Render a written monthly accounting report of all Barangay funds and property under his/her custody, which shall be made available to the public or the members of the Barangay assembly and other government agencies concerned. The treasurer shall also post the same at the Barangay Hall Bulletin Board.
f.) Certify to the availability of funds whenever necessary
g.) Exercise such other powers and perform such other functions as may be prescribed by law or ordinance.
Section 10 - OTHER APPOINTIVE OFFICIALS – the qualifications, duties and functions of all other Barangay officials appointed by the Punong Barangay shall be governed by the provisions of law or by ordinance.
RULE 4 – SESSIONS
Section 11 - REGULAR SESSION – the regular session of the Sangguniang Barangay of Brookside shall be twice a month on the first (1st) and third (3rd) Thursday of the month at two o’clock (2:00PM) in the afternoon to be held at the Brookside Barangay Hall or such other place decided by the body immediately preceding the session.
Section 12 - SPECIAL SESSIONS – As often as necessary, when public interest so demands, special sessions may be called by the Punong Barangay or a majority of the members of the Sangguniang Barangay.
In special sessions, a written notice to the Sangguniang Barangay members, stating the date, time, place and purpose of the session, shall be served personally or left with a members of the household at his usual place of residence three (3) days prior to the date of meeting. Unless otherwise agreed upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
Section 13 - EMERGENCY MEETING – Emergency meetings may be called for at any time and at any date by the Punong Barangay or Majority of the Sangguniang Barangay members immediately in regards to national emergency situations such as calamity particularly earthquakes, super typhoons, floods, conflagration, andpolitical uprisings.
Section 14 - CALL TO ORDER – The presiding officer shall open the session by calling the Sanggunian to order. After the Presiding Officer has called to order, a designated public official shall conduct an invocation.
Section 15 - ATTENDANCE IN SESSION – Every member of the Sangguniang shall be present in all session unless expressly excluded by it or necessarily prevented from doing so by death of a relative up to second (2nd) degree of consanguinity.
Section 16 - OPEN TO THE PUBLIC – Sanggunian sessions or meetings of any committee thereof shall be open to the public unless a closed session is decided or ordered by the majority of the Sanggunian members present, there being a quorum, in the public interest or for reasons of security, decency or morality, or for reasons affecting the dignity of the Sanggunian or, any of its members, or when confidential matters are being considered.
On a motion to hold a closed session duly approved, the presiding officer shall direct the session hall cleared and doors closed.
Only the secretary and such other persons as are specifically authorized by the sanggunian shall be admitted to the closed sessions. They shall preserve the secrecy of whatever may be read or said at the session. Further only the Sanggunian members are allowed to deliberate and appointees are only allowed to speak when requested or ordered by the body. Appointees who are ruled out of order shall be reprimanded or be expelled from the session for persistent violation of this section.
Section 17 - SUSPENSION AND ADJOURNMENT OF SESSION – Sessions of the Sanggunian shall not be suspended or adjourned [sine die] except by the direction of the Sanggunian itself, but the presiding officer, may, in his discretion, declare recess of short intervals.
Adjourned meeting ,that is, a continuation of a regular or special meeting in which any business left pending when the original meeting was adjourned may be taken up, on the other hand may be directed by the sanggunian members present. An adjourned meeting may be held at any time, provided it is not beyond that fixed for the next regular meeting.
Section 18 - OPENING AND ADJOURNMENT TO BE ENTERED IN THE MINUTES – The exact time of opening and adjournment of a session shall be entered in the minutes.
RULE 5 – ROLL CALL AND QUORUM
Section 19 - QUORUM – a majority of all the elective officials to include the secretary and treasurer shall constitute a quorum, i.e. Six (6) members must be present to constitute a quorum to transact official business.
Should a question of quorum be raised during the session, the presiding officer shall immediately proceed to call the roll call of the members and thereafter announce the result. In case of a diminishing quorum, adjourn sine die shall be immediately declared and no business transaction shall be entertained.
Section 20 – ABSENCE OF QUORUM – where there is no quorum in a given session, the presiding officer may declare a recess for thirty minutes. After thirty minutes, if quorum was declared, the session shall resume. Upon resumption, members who arrive within another thirty minutes shall be declared tardy and fined accordingly. After the one hour lapse from the first roll call, members arriving are declared absent and also to be fined accordingly.
If there is still no quorum despite other remedies to constitute a quorum, no business shall be transacted, the presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
Section 21 – MOTION TO ADJOURN VACATES CALL – At any time after the roll call has been completed, a motion to adjourn shall be in order, and if approved by majority of those present, all proceeding shall be vacated.
RULE 6 – COMMITTEES
Section 22 – STANDING COMMITTEES – The Punong Barangay shall appoint the following standing committee chairman, and the standing committee chairman shall choose two (2) members among the Sanggunian.
a.) Committee on Budget and Appropriation – All matter relating to the approval of the budget; appropriation of funds for payment of obligations; taxation ordinances and monetary and fiscal matters.
b.) Committee on education and culture – All matters relating to education and culture, local school, colleges and universities, libraries, non-formal and community – adult education. Further, the absence of SK in the Barangay, the chairman shall be responsible to all matters relating to the youth, promotion of the youths moral, physical, intellectual and social well being, and the development of sports and sportsmanship in coordination with the Don Mariano Marcos Elementary School.
c.) Committee on Social Services – All matters relating to the strengthening and development of family life; human ecology and settlements; social welfare and ameliorative services; woman and child abuse and, moral and religious formation of the community.
d.) Committee on Health and Sanitation – All matter relating to public health and hygiene, sanitary permits as well as recreation and environmental protection.
e.) Committee on Trade and Industry – All matter relating to food production, economics and business permits; Organization and supervision of local cooperatives; consumer protection and development of cottage industries.
f.) Committee on Rules, Peace and, Order – All matters relating to the maintenance of public order and security; civil defense; Liaison with the PNP; Organization and maintenance of Barangay Tanods; Implementation of local ordinances; Revision, amendment and/or enforcement of the IRP; Human rights; Legal aid; Maintenance of punitive or corrective programs; Fire; Accident and crime prevention; investigation of misfeasance, malfeasance and non-feasance against local officials and employees; and the conduct, rights, privileges, safety, dignity, integrity and reputation of the Sanggunian and its members.
g.) Committee on Public Works, Highways and, Communications – All matters relating to planning, construction, maintenance, improvement and repair of public building, highways, bridges, roads, parks, monuments and other public edifices, drainage, sewerage and flood control protection; Water utilities; Tourism; Land transportation and, the telecommunication services.
Whenever a measure covers a subject matter falling within the jurisdiction of more than one committee, said measures shall be referred jointly to the committees concerned.
Section 23 – MEMBERSHIP, OFFICERS &, ELECTION – Each standing committee shall have a chairperson to be appointed by the Punong Barangay and the chairperson of the said particular committee shall choose two (2) members from the Sanggunian.
The Punong Barangay shall have a voice and vote in all committee meetings.
Section 24 – LIMITATION – No members of a committee shall act upon or participate in any matter in which he has special, direct and substantial interest.
Section 25 – SPECIAL COMMITTEES – The Sanggunian may organize special committees as it may deem necessary to resolved matters that is exceptional, unique, and extraordinary in nature. The Punong Barangay may appoint the chairman and members of the special committee depending on their technical qualifications.
Section 26 – VACANCY – Whenever a vacancy occur or is declared to exist in any committee, the same shall be filled by election of the Sanggunian.
Section 27 – COMMITTEE MEETING OR HEARINGS – The committees shall determine the frequency of their meetings. Committee meetings or hearings shall be held only at public buildings.
Section 28 – COMMITTEE REPORTS AND ORDERS – Committee reports and/or orders on any ordinance or resolution shall be considered in formal meetings and shall not be submitted to the Sanggunian unless accompanied by the minutes of the meeting or hearing of the committee, which adopted them.
Committee reports shall be submitted every 2nd regular meeting of the month and the members thereof shall be presumed to have concurred in the report and shall be precluded from opposing the same, unless they have entered their objection thereto during the committee meeting.
RULE 7 – ORDER AND CALENDAR OF BUSINESS
Section 29 – ORDER OF BUSINESS – The order of business of the Sangguniang Barangay for every session shall be:
a.) Call to order
b.) Invocation
c.) Roll Call
d.) Reading and approval of previous minutes
e.) [EXECUTIVE REPORTS] First reading and referral to committees of proposed ordinances, resolutions, messages, communications, petitions and memorials
f.) Standing Committee reports
g.) Special Committee reports
h.) Calendar of business
- Unfinished business
- Business for the day
- Unassigned business
i.) Other matters
j.) Adjournment
Section 30 – APPROVAL OF MINUTES – the minutes of each session shall be submitted to the Sanggunian for approval.
Section 31 – CALENDAR OF BUSINESS – the calendar of business shall consist of the following parts:
a.) Unfinished business – Businesses being considered by the Sanggunian at the time of its adjournment. Its consideration shall be presumed until such unfinished business is disposed of. Thereafter, the presiding officer shall call for the business of the day.
b.) Business for the day – Proposed ordinance, resolutions and other measures set on the calendar for consideration on that day, to be considered in the order in which are listed in the calendar.
c.) Unassigned business – Proposed ordinances, resolutions, and other measures reported out by committees but not calendared earlier. Any business included in this part of the calendar may be set for consideration on motion of a member with unanimous approval of the Sanggunian members present at a session, there being a quorum.
Section 32 – DISTRIBUTION OF CALENDAR – the calendar shall be distributed each day of session, unless there be no addition to the one previously distributed, in which case a note to this effect on the order of business shall be sufficient.
RULE 8 – ORDINANCES AND RESOLUTIONS
Section 33 – ORDINANCES AND RESOLUTIONS DISTINGUISHED – Legislative actions of a general and permanent character shall be enacted in the form of ordinance, while those, which are temporary in character, shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolutions.
Section 34 – ESSENTIAL PARTS OFORDINANCES AND RESOLUTIONS – Proposed ordinances shall be in writing and shall contain an assigned number, a title, an enacting or ordaining clause, date of its proposed affectivity, brief explanatory note containing the justification for its approval shall accompany every proposed ordinance. It shall be signed by the author or authors and submitted to the secretary who shall report the same to the Sanggunian at its next session.
Section 35 – FIRST READING – The secretary shall report all proposed ordinances and resolutions to the Sanggunian members for the first reading at least three (3) days before a regular or special session.
The first reading of a proposed ordinance or resolution shall only be corrected any day after the approval of minutes.
Only the chairman or vice-chairman of the committee to which a proposed ordinance or resolution was erroneously referred, as well as the chairman or vice-chairman of the committee claiming jurisdiction over the proposed ordinance or resolution, may move that the referral be declared erroneous , and ask for its correction. However, the presiding officer may muto propio rectify an erroneous referral.
Section 36 – PERIOD TO REPORT – The committee shall submit a report on the proposed ordinance or resolution within thirty (30) days after it has been referred to it.
If the committee report on a proposed ordinance or resolution is favorable, it shall be included in the calendar of business.
If the committee report on a proposed ordinance or resolution is unfavorable, it shall be laid on the table and within ten (10) days, notice of the action taken will be furnished to the author/s concerned, stating the reason/s for such action. Provided, that within five (5) days after receipt of the notice of the Sanggunian may consider the committee reconsideration.
Section 37 – URGENT MEASURES – Any legislative matter duly certified by the Punong Barangay as urgent, whether or not it is included in the calendar of
business, may be presented and considered by the Sanggunian in session without need of suspending the rules.
The sanggunian, likewise, may, on motion made by the chairman or vice – chairman of the committee concerned, consider a proposed ordinance or resolution as urgent and consideration thereof shall be scheduled according to its timetable.
If said motion is approved, the sanggunian shall forthwith prepare a detailed timetable fixing the date on or before which the proposed ordinance or resolution must be reported by the committee concerned, the number of days or hours to be allotted to the consideration of the measure on second reading, and the date or hour at which proceedings must be concluded and final vote on said measures taken.
Section 38 – SECOND READING AND DEBATE – No proposed ordinance or resolution shall be considered on second reading in any regular session unless the proper committee to which it was referred or certified as urgent by the Punong Barangay has reported it out.
Section 39 – DEBATE AND CLOSURE OF MEMBERS – in the discussion of any measure, a motion to close the debate shall be in order after two (2) speeches for and one against, or after only one speech for has been delivered and none entered against it.
When several members have registered or signified their intention to speak on the matter under consideration and when said matter has been sufficiently and thoroughly discussed by the member speaking, the Presiding Officer, muto propio, or upon motion by a member, order that a member having the floor shall desist from speaking so that other members may not be deprived of their opportunity to speak.
Section 40 – FIVE MINUTE RULE – After the close of debate, the Sanggunian shall proceed to the consideration of committee amendments. Members who desire to speak for or against an amendment shall have only five (5) minutes to do so.
Section 41 – APPROVAL OF MEASURES ON SECOND READING – The Sanggunian secretary shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading and shall distribute to each sanggunian member a copy thereof, except that a measure certified by the Punong Barangay as urgent may be submitted for final voting immediately after the debate and/or amendments during the second reading.
After the amendment has been acted upon, the proposed ordinance or resolution shall be voted on second reading.
Section 42 – THIRD READING – A proposed ordinance or resolution approved on second reading shall be included in the calendar for the third reading.
No ordinance or resolution shall be approved unless it has passed three readings, and copies thereof in its final form have been distributed to the members at least three (3) days before its passage, except when the Punong Barangay or the Sanggunian certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the third reading of a proposed ordinance or resolution, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter and the ayes and nays entered in the minutes.
Section 43 – APPROVAL OF RESOLUTIONS – A resolution shall be enacted in the same manner prescribed for ordinances, except that it need not go through a separate third (3rd) reading for its final consideration unless decided otherwise by a majority of all the Sanggunian members.
Section 44 – MAJORITY REQUIREMENT – No ordinance or resolutions passed by the Sanggunian shall be valid unless approved by a majority of the
members present, there being a quorum. Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the affirmative vote of a majority of all the Sanggunian members for its passage.
Upon the passage of all ordinances or resolutions, the Sanggunian secretary shall record the ayes and nays. Each approved ordinance or resolution shall be stamped with the official Barangay seal and recorded in a book kept for the purpose.
Section 45 – SPECIAL PROVISIONS ON THE BUDGET ORDINANCE – The Sanggunian shall in no case increase the appropriation of any project or program over the amount submitted by the Punong Barangay in his budget proposal.
After the Punong Barangay shall have submitted the annual general appropriation measure, supplemental appropriation measure shall be considered only if supported by actual available funds as certified to by local treasurer or by funds raised by corresponding revenue proposal included therein.
Section 46 – REVIEW BY THE SANGGUNIANG PANGLUNSOD – Within ten (10) days after enactment, the Sangguniang Barangay shall furnish copies of the Barangay ordinance to the Sangguniang Panlungsod for review, as to whether the ordinance is consistent with law and with city ordinance.
Failure on the part of the Sangguniang Panlungsod to take action on Barangay ordinances within thirty (30) days from receipt thereof, said ordinance is presumed consistent with law and with city ordinances and thereof, valid.
If within thirty (30) days, the Sangguniang Panlungsod finds the Barangay ordinance inconsistent with law or with city ordinance, the Sangguniang Panlungsod shall return the ordinance with its comments and recommendations to the Sangguniang Barangay for adjustment, amendment or modification, in which case, the affectivity of the ordinance shall be deemed suspended.
Section 47 – ENFORCEMENT OF DISAPPROVED MEASURES – Any attempt to enforce, promulgate or execute any ordinance, resolution or executive order after the disapproval thereof shall be sufficient ground for the suspension or dismissal of the officer making such attempt.
Section 48 – EFFECTIVITY OF ENACTMENTS – Unless otherwise stated in the ordinance or resolution, the same shall take effect after the lapse of Ten (10) days from the date a copy is posted in a bulletin board at the entrance of the Barangay hall and at least two (2) other conspicuous places, such as church or chapel, school, or sari-sari stores.
Not later than five (5) days after the passage of the ordinance or resolution, the Sanggunian Secretary shall cause the posting thereof in English together with the copy translated in the dialect used by the majority of the people in the area, and shall record such fact in a book kept for the purpose, stating the dates of approval and posting thereof.
RULE 9 – DECORUM AND DEBATE
Section 49 – MANNER OF ADDRESSING THE CHAIR – When a member desires to speak, he shall rise and respectfully address the chair “Mr. Chairman” or “Mr. Presiding Officer”.
Section 50 – RECOGNITION OF MEMBER TO SPEAK – When two or members rise at the same time; the Presiding Officer shall determine and recognize the member who is to speak first.
Section 51 – time limit of speeches – No member shall occupy more than fifteen (15) minutes in debate on any question or speak for more than once on any question without leave of the Sanggunian, except as hereinafter provided. The period of interruption shall not be counted against the time of the member speaking.
S ection 52 – DECORUM TO OPEN AND CLOSE DEBATE – in case, the member who has obtained the floor shall confine himself/herself to the question under debate, He/she shall refrain from uttering words, or performing acts, which are inconsistent with decorum.
Section 53 – CONDUCT DURING SESSIONS – During the session, the members shall be in green uniform and to observe proper decorum.
While the presiding officer is addressing the Sanggunian or putting a question, no member shall walk out of the session hall.
All cell phones shall be on a silent mode.
Section 54 – SMOKING IN THE SESSION HALL IS STRICTLY PROHIBITED – Smoking inside the session hall shall not be permitted while in session.
Section 55 – DRINKING IN SESSION SHALL NOT BE PERMITTED – Drinking any intoxicating substances during session is prohibited.
Members found to be heavily, that is a member who consumed alcohol at least six hours before the meeting. Hang-over is considered intoxicated but not drunk, intoxicated before the session shall not be allowed to speak during the deliberation and his/her right to vote be suspended for the duration of the meeting.
Section 56 – DISCIPLINE OF MEMBERS – The Sanggunian may punish its members for disorderly behavior and, with the concurrence of at least two-thirds (2/3) of all its members, fine, censure, reprimand or, exclude the erring member from session. [
Section 57 – EXPULSION – A member who shall incur absences without justifiable cause for four (4) consecutive sessions shall be automatically excluded from the ongoing session. Provided further, that a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian.
RULE 10 – VOTING AND MOTIONS
Section 58 – A TIE ON AN APPEAL – a tie vote on appeal from the ruling of the chair sustains the decision of the chair.
Section 59 – WHO MAY VOTE – When a motion, report or proposed measure is adopted or lost, it shall be in order for a member who votes with the majority to move for the reconsideration thereof on the same or succeeding session day. Such motion shall take precedence over all other questions, except a motion to adjourn, to raise a question or privilege and call to order.
Section 60 – RECORDING THE MOTION – Every motion shall be entered in the minutes with the name of the member making it, unless it is withdrawn on the same day.
Section 61 – READING AND WITHDRAWAL OF MOTIONS – When a motion is made, the presiding officer shall state it before being debated. Except as herein otherwise provided, a motion may be withdrawn anytime before its approval or amendment.
Section 62 – PRECEDENCE OF MOTION – When a question is under debate, no motion shall be entertained except to adjourn, raise a question of privilege, declare a recess, lay on the table, or postpone to a certain day (which motions shall be decided without a debate), refer, amend or postpone indefinitely (which motions shall be decided subject to five minute rule). Said motions shall have precedence in the foregoing order. No motion to postpone to any certain day, or refer or postpone indefinitely, having failed passage, shall again be allowed on the same day.
Section 63 – AMENDMENTS – When a motion or proposition is under consideration, a motion to amend and a motion to amend the amendment shall be in order. It shall be in order to offer further amendment by substitution, but it shall not be voted upon until the original motion or proposition is perfected. Any of said amendment may be withdrawn before a decision is made thereon.
Section 64 – RIDER PROHIBITED – No motion or proposition on a subject different from that under consideration shall be allowed under the color of amendment.
Section 65 – MOTION TO COVER ONE SUBJECT MATTER – No motion shall cover more than one subject matter.
Section 66 – AMENDMENT OF TITLE – Amendments to the title of a proposed ordinance or resolution shall not be in order until after the text thereof has been perfected. Amendments to the title shall be decided without debate.
Section 67 – CALL TO ORDER – A motion to read and part of the rules is equivalent to a call to order and take precedence over any motion other than to adjourn.
a.) Those affecting the rights of the Sanggunian: its safety, dignity and, the integrity of the members.
b.) Those affecting the rights, reputation and conduct of the members’ individuality, in their capacity as such members subject to five minute rule, questions of privilege shall have precedence over all questions, except a motion to adjourn.
Section 68 – PRIVILEGE QUESTION – Privilege questions are those motions or subject matters, which, under the rules, take precedence over other motions and subject matters.
RULE 11 – SUSPENSION OF RULES
Section 69 – WHO CAN MOVE – Only the chairman or vice-chairman of the Committee on Rules can move for the suspension of the rules.
Section 70 – VOTE REQUIRED – No rule shall be suspended except by a two-thirds (2/3) of all the members, quorum being present.
Section 71 – INTERRUPTION OF MOTION – When a motion to suspend the rules is pending, one motion to adjourn may be entertained. If it is lost, no similar motion is entertained until the vote is taken on the motion to suspend.
Section 72 – EFFECT OF SUSPENSION – If the Sanggunian votes to suspend the rules, it shall forthwith proceed to consider the measure. A two-thirds (2/3) vote of the members present shall be necessary for the passage of said measure, a quorum being present.
RULE 12 – OFFICIAL SEAL
Section 73 – The Official Barangay Seal of Brookside Barangay shall be:
RULE 13 – AMENDMENTS
Section 74 – AMENDMENTS – Any portion of these rules may be amended by a majority vote of all the Sanggunian Members.
RULE 14 – EFECTIVITY
Section 75 – These rules shall take effect on the date of its adoption.
ADOPTED, this 7th day of April, 2011, at Brookside Barangay, Baguio City, Philippines on motion by Kgd. Jesus Balandi, and duly seconded by all other Barangay Kagawad present.
CERTIFIED TRUE AND CORRECT
Sharon D. As-il
Barangay Secretary
ATTESTED:
RICO W. TIBONG
Punong Barangay
Anselmo T. Pablo
Barangay Kagawad
Maximo D. Gayo
Barangay Kagawad
Mary Concepcion P. Allan
Barangay Kagawad
Jonathan N. Villena
Barangay Kagawad
Jesus G. Balandi
Barangay Kagawad
Maribeth C. Tecan
Barangay Kagawad
Johnny P. Mangayan
Barangay Kagawad
Isabel N. Vicente
Barangay Treasurer