THE INTERNAL RULES OF PROCEDURE OF THE 20th SANGGUNIANG PANLALAWIGAN OF IFUGAO
Section 1. Title and Coverage. – The following Rules are hereby adopted to be known as the “Internal Rules of Procedure of the 20th Sangguniang Panlalawigan of the Province of Ifugao”, to govern the organization of the Sangguniang Panlalawigan, the election of its officers, creation of Committees, the Order of Business for each session, the legislative process, parliamentary procedures which include the discipline and conduct of Members during sessions and committee meetings.
Section 2. Inaugural Session of the Sanggunian. – The members of the Sanggunian at the initiative of the Vice-Governor, shall meet in inaugural on the day of the regular session of the immediately preceding Sanggunian at the Sanggunian Hall.
Section 3. Presiding over the Inaugural Session. – The Vice-Governor, as Presiding Officer, shall call the session to order, call the roll of the members of the Sanggunian, and preserve order and decorum.
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 of Procedure if one is already ready for discussion and passage or if not, to adopt the Internal Rules of Procedure of the immediately preceding Sanggunian to govern its proceedings until the approval and adoption of the rules of the current Sanggunian, which adoption in no case shall exceed ninety (90) days following their first regular session.
Section 5. Election of Officers and Chairpersons of Regular Committees. – After the adoption or update of its existing Internal Rules of Procedure, the Sanggunian shall proceed to the election of officers and chairpersons of regular committees who shall be elected by a majority of the members present.
Section 6. The Sangguniang Panlalawigan of Ifugao. – The Sangguniang Panlalawigan of Ifugao, hereinafter referred to as the “Sanggunian”, shall be composed of the Vice-Governor as the regular Presiding Officer, ten (10) Regular Members, the President of the Liga ng mga Barangay, the President of the Pederasyon ng mga Sangguniang Kabataan, and the President of the Councilors League of Ifugao.
Section 7. Temporary Presiding Officer. -In the event of the inability of the Presiding Officer to preside at a Sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the Sangguniang in the session over which he temporarily presided.
Section 8. Manner of Elections of Officers; – The Chairpersons of regular Committees of the Sanggunian shall be elected from among the Members thereof either by raising of hand, viva voce or by secret ballot by a majority of the members present. In case of a tie, the Presiding Officer has the right to cast his/her vote to break the tie.
Section 9. Term of Office. – The term of office of the Chairpersons and members of Regular Committees shall be for the duration of their term of office.
Section 10. Every Member shall attend all sessions of the Sanggunian unless he or she is prevented from doing so by reason of sickness or other unavoidable circumstances due to official or authorized business or travel: Provided, That, previous notice thereto shall be sent to 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 a member arrives after the roll call, he/she shall be marked as “late” and his/her time of arrival shall be recorded by the Secretary. Provide further that a penalty of two hundred pesos (PhP200.00) shall be imposed as penalty for tardiness of thirty (30) minutes and one hundred pesos (PhP100.00) for every hour thereafter, except on tardiness due to unavoidable circumstances or fortuitous events.
Section 11. Every Member is required to vote on every question or proposed measure being voted upon by the Sanggunian. Abstentions may only be allowed if it can be shown that the Member concerned has a personal or pecuniary interest, either directly or indirectly, on the matter being acted upon by the Sanggunian.
Section 12. Every Member shall observe proper deportment or decorum during sessions.
Section 13. Every Member must wear the appropriate attire, as provided under Section 125, Rule XXI of this IRP, during Regular or Special sessions of the Sanggunian.
Section 14. Every Member shall prepare, introduce and work for the passage of legislative measures to effectively address social, political and economic needs and concerns of the people.
Section 15. Every Member shall attend all regular and special plenary sessions and meetings of committees of which they are members or where their proposed legislative measures are under consideration.
Section 16. Every Member shall participate actively in deliberations on legislative measures and articulate faithfully the demands and interests of their constituencies as well as those of other sectors that are affected by the proposed legislative measures or by conditions, issues and concerns requiring legislative action.
Section 17. Every Member shall contribute in the efficient and timely conduct of legislative oversight; and perform such other functions and activities as may be lawful and necessary to ensure the swift passage of legislative measures needed to effectively address social, political and economic needs and promote national development.
Section 32. The Committee Meeting and Report. - The Committee shall hold meetings or hearings to discuss, decide and submit report on all matters referred or transmitted to them by the Sanggunian during session, through the Secretary.
Section 33. Period for Committees to Report. - The Chairpersons of the different Standing Committees shall render the Committee report of all measures referred to it within 3-4 working days after the Committee has conducted its committee meeting/hearing, except certain measures that need further study.
Section 34. Who will Render Committee Report. - Committee reports shall be rendered by its Chair, unless he/she dissents with the majority decision. In his/her absence, the Vice-Chair shall take his/her place. If neither of them is present, any Committee member concurring with the report and duly designated by the said Committee shall render the report.
Section 35. Content of Committee Reports. - The Committee Report shall contain the following information;
a) Name of the Reporting Committee or Committees.
b) Brief Statement of the Subject Matter referred to it and the action taken thereon including information gathered during the conduct of Committee hearings or meetings and other relevant information.
c) Findings or conclusion.
d) Recommendations (Either to “To File Away” or “To calendar it for Second Reading”)
e) Names and signature of concurring members.
f) Appendices (Minutes of the Committee Hearing or Committee Meeting, as the case may be.)
Section 36. Calendaring a Proposed Measure for Second Reading and Archival. - After the Committee has rendered its Report and recommended favorably the enactment or passage of the proposed ordinance or resolution it has reported out, a copy of the proposed ordinance or resolution shall be furnished the Chairperson of the Committee on Rules, who shall calendar it for Second Reading. Before the said proposed ordinance or resolution is sponsored on the floor, a copy or electronic copy thereof if possible shall be furnished every Sanggunian member by the Committee Chair concerned.
If the reporting Committee’s recommendation is for the Sanggunian to defer or not to take action and that recommendation has been adopted by the Body, the proposed measure remains shelved in the Committee. If the reporting Committee’s recommendation is for the Sanggunian 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.
Section 37. Discharge of Committee. - A Committee which failed to submit a Committee Report within a reasonable time may be discharged by the Sanggunian from further consideration of the measure or question referred to it. Upon motion by any Member, the said measure can be re-assigned to another Committee or submit to the Sanggunian for proper disposition.
Section 38. Inhibition. - A Member of a committee shall not participate in committee deliberations or vote on any matter that directly or indirectly affects the Member's business, financial or pecuniary interest.
Section 39. Committee of the Whole. - The Sanggunian may constitute itself into a Committee of the Whole, as it may deem necessary.
Section 40. Appearance or Report of Department Heads and Other Officials. -
a) Any Department head or any official or employee of the Provincial Government of Ifugao when the public interest so requires or in aid of legislative function of the Sanggunian Panlalawigan, may be invited or asked to report by the Sanggunian or by any of the regular, special or ad-hoc committee to appear and/or report on any matter pertaining to his department or office.
a) The Department head or public official or employee called to appear or report may answer verbally or in writing the questions propounded to him. In cases wherein there is willful failure or refusal on the part of the employee or official without justifiable reason to comply with the invitation or request, the Sanggunian or the committee concerned may take such action provided for under Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees.
Section 41. Appearance of Guests in Committee Meetings and Public Hearings. - The following shall be observed in requesting for the appearances of guests;
a) Official invitation or request for a particular person or group of persons or organization to appear before the committee in its meetings and public hearing shall be made and signed by the concerned committee Chairman and noted by the Presiding Officer upon request of any member of the concerned committees.
b) The invitation or request shall specify the reason for such appearance or the assistance needed, as the case may be.
c) The invitation or request addressed to any government employee or non-government employee shall be furnished its Chief Executive in case of Local Government Units, head or chief of the agency assigned in the province in case of national government agencies or head of non-government organizations.
d) No question shall contain arguments, offensive or unparliamentary language or expressions, pertain to sub-judice matters, or contain unwarranted discourtesy to person being summoned or invited.
Section 18. The Vice Governor. -The Vice-Governor shall be the Presiding Officer of the Sangguniang Panlalawigan as provided for in Section 49 of the Local Government Code of 1991 and as such, the Presiding Officer shall have the following specific duties:
a) To preside over all regular or special meeting/session of the Sangguniang Panlalawigan and shall sign, as ministerial role, all ordinances and resolutions approved during such sessions within ten (10) days from the date of his receipt thereof from the Office of the Sanggunian Secretary; Provided, however, that after the lapse of the ten (10)-day period, if a measure remains unsigned, the Secretary to the Sanggunian shall attest to the approval of these Resolutions or Ordinances
b) To preserve order and decorum within the session hall and its surrounding premises, and to take such other measures as may be necessary and reasonable for the purpose;
c) To enforce the rules of order and debate and to resolve all questions relative thereto.
d) To sit as ex-officio member in all standing committees. His/her presence is not included in determining a quorum and he/she cannot vote.
e) To act as the administrative head of the Sanggunian, responsible for the overall management of the proceedings, activities, resources, financial well-being and facilities of the Sanggunian;
f) To act, as far as practicable, establish an efficient information management system in the Sanggunian utilizing among others, modem digital technology, that can:
(i) facilitate access to and dissemination of data and information needed in legislation inclusive of' facilitating real time translation of plenary proceedings in the major Philippine dialects and languages;
(ii) provide a simplified and comprehensive process of gathering, recording, storage and retrieval of data and information relating to activities and proceedings of the Sanggunian;
g) To establish an efficient and effective system to monitor and evaluate the performance of legislative tasks and duties of the Sanggunian, its Members and its committees;
h) To decide all questions of order subject to appeal by any Member who may explain the appeal in not more than five (5) minutes: Provided, That the appeal shall not be subject to debate, and no explanation of vote shall be allowed in case of nominal voting;
i) To sign all resolutions, ordinances, and memorials that may be issued by or upon request of the Sanggunian;
j) To require the submission of performance reports at the end of every regular session and fiscal year from the Members of the Sanggunian, the Secretary to the Sanggunian, and such other reports as may be required from all concerned officers and offices of the Sanggunian.
k) To declare recess during sessions anytime he/she deems it necessary provided that the duration of the recess is not more than five (5) minutes.
l) To declare the session adjourned to some other date, time and place in cases of extreme emergencies, serious and uncontrollable disorder, public disturbances and other unavoidable circumstances.
m) To vote only to break a tie.
n) To relinquish the Chair to any Member of the Sangguniang Panlalawigan who shall act as Temporary Presiding Officer if he/she would like to go down the floor to participate in the deliberation in his/her capacity as a Regular and Constituent Member.
o) For the maintenance of the orderly procedure, may take such appropriate measures to restore order by appointing any provincial officer or employee to act as Sergeant-at-Arms, or call the assistance of the police agencies;
p) Perform the supervisory and administrative powers and functions attached to the position of the Vice-Governor as the head of office of a co-equal branch in the local 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 appropriate Committee, office, or division in the Sanggunian for corresponding action or information;
(ii.) Unless otherwise delegated, sign all warrants drawn on at provincial treasury, payrolls, purchase request and request for obligation, approve disbursement vouchers relating thereto and purchase orders covering the same for expenditures appropriated for the operation of the Sangguniang Panlalawigan;
(iii.) Appoint permanent, co-terminus, casual, job-order employees, and Sergeant At-Arms of the Sangguniang Panlalawigan; and
(iv.) To represent the Sanggunian, or through authorized representative, to any special bodies as may be allowed by law or meetings requiring the presence or attendance of the department head.
q) Establish an efficient information management system in the Sanggunian utilizing among 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 of legislative documents;
(ii.) Facilitate prompt access to and dissemination of data and information needed in legislation;
(iii.) Provide a simplified and comprehensive process of gathering, recording, storage and retrieval of data and information relating to records, activities and proceedings of the Sanggunian;
(iv.) Sustain a public information program that will provide accessible, timely and accurate information relating to the Sanggunian, its members and officers, its Committees and its legislative concerns inclusive of facilitating, as far as practicable, 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 legislative targets, review performance in the attainment of targets, ensure that the priority legislative measures of committees are attuned to the Executive-Legislative Agenda or the pressing needs of the Province, and resolve such other issues and concerns that affect the operations and performance of the committees.
Section 19. The Sanggunian shall have a Secretary, who shall perform the duties incumbent upon him/her as such, as provided for in Section 469 of the Local Government Code of 1991 and such other duties as may be prescribed by law or Ordinance. The Secretary may speak before the Sanggunian during the Session upon recognition of the Presiding Officer upon the request of any member.
Section 20. In addition to the duties prescribed by law, the Sanggunian Secretary shall perform the following duties and functions, to wit;
1. The Secretary to the Sanggunian shall have a period of five (5) days from the
date of the approval of the resolutions and ordinances to submit the same to the Presiding Officer for his/her signature, except in the preparation of the Annual Budget which shall not exceed more than ten (10) days.
2. He/she shall prepare the Order of Business;
3. He/she shall notify the members of the Sanggunian of the creation of regular, special and ad-hoc committees and their appointments to such committees.
4. He/she shall transmit to the proper committee all matters referred to it by the Sanggunian.
5. He/she shall send out notices of all sessions, other meetings and public hearings.
Section 21. The Regular Committees of the Sanggunian. --The nineteen (19) Regular Committees of the Sangguniang Panlalawigan are hereby organized with its respective duties, powers and general jurisdiction to wit:
a.Committee on Committee on Appropriation, Budget and Finance. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters relating to the preparation and approval of the annual and supplemental budgets of the Province; the appropriation of funds for the payment of obligations; the determination of compensation of personnel; the reorganization of local offices, appropriation ordinances and resolutions and other monetary and fiscal matters; review all resolutions and ordinances embodying the annual and supplemental budgets and other appropriations of the municipalities within the Province.
b.Committee on Laws, Justice, Rules, Ethics, Good Government and Boundary Dispute. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- Approve the Order of Business;
- All matters relating to the implementation of national laws and issuances and enforcement of local ordinances,
- resolutions and review of Executive Orders of Local Chief Executives of LGU's in the Province;
- all matters relating to proposed penal ordinances or measures amending existing penal ordinances,
- proposals or measures involving the legality of any contract entered into by the Province, including but not limited to the lease of lots, donations and any contract that the Province may heretofore enter into.
- In addition, all matters relating to the administration of justice within the Province.
- All matters relating to the Rules of the Sangguniang Panlalawigan, Rules of Procedure Governing Inquiries in Aid of Legislation,
- Rules of Procedure in Quasi-Administrative Proceedings,
- the referral of resolutions and ordinances, committee reports, messages, memorials and petitions, and
- the creation of special and sub committees.
- It also covers the duties, conduct, rights, privileges, dignity, integrity and reputation of the Sangguniang Panlalawigan and its Members.
- The Committee shall, through a resolution, determine appropriate sanctions and formulate fines, or penalties for non-compliance of its rules, particularly on attendance and adherence to the dress code prescribed in Section 125 of Rule XXI (DRESS CODE) hereof.
- It also has jurisdiction over all matters relating to, including investigation of, malfeasance, misfeasance and nonfeasance in office by officers and employees of the government, its branches, agencies, subdivisions and instrumentalities; and investigation of any matter of public interest on its own initiative or brought to its attention by any member of the Sanggunian.
- Serves as the investigative arm of the Sanggunian Panlalawigan in quasi-judicial proceedings involving administrative complaints against elective municipal officials. It also has appellate jurisdiction over decisions of local Sanggunians, which it may stay or suspend pending the appeal process. It shall also coordinate with the judiciary and all matters related to the judicial system and the dispensation of justice. It also has jurisdiction over all matters relating to, including investigation of, malfeasance, misfeasance and nonfeasance in office by officers and employees of the government, its branches, agencies, subdivisions and instrumentalities; and investigation of any matter of public interest on its own initiative or brought to its attention by any member of the Sanggunian.
- All matters related to boundary disputes of local government units.
c.Committee on Social Services, Senior Citizens and Disadvantaged Individuals, Women, Children and Family. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following:
- Social services and the welfare of disadvantaged persons, i.e. paupers, victims of drug abuse and exploitation, physically handicapped,
- matters relating to social problems, relief to needy individuals, facilities and relief to calamity victims and to support senior citizens and day care center programs.
- social development and welfare of persons with disabilities or special needs including social services and interventions that develop and enhance the quality of individual and community life;
- the accessibility, advocacy, empowerment, funding assistance, livelihood, homes for the aged, transportation, and other welfare, benefits and rights of senior citizens in Province;
- all matters relating to the accessibility, advocacy, assistive devices, empowerment, funding, assistance, livelihood, sheltered workshops, skills development, social integration, transportation of persons with disabilities and the implementation of the Magna Carta for Disabled Persons (R.A. 7277) and other related laws; and
- All matters relating to the promotion of equality between men and women, children's welfare and development, the strengthening and preservation of the sanctity of the family.
d. Committee on Environment and Natural Resources. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to natural resources, except energy and fisheries resources, their exploration, conservation, management and utilization
- lands of the public domain, mines and minerals, forests, parks and wildlife, and marine and freshwater resources, and
- geographical structures of the earth within the territorial jurisdiction of the province.
e. Committee on Cooperatives and Peoples Organizations. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to the accreditation of civil society organizations, people's and non-governmental organizations, civic groups, chambers of commerce, association of professionals and related associations, cooperatives, and set requirements and implement monitoring activities to maintain their status as accredited organizations.
- All relating to cooperatives, inclusive of cooperative movements and organizations; urban and rural-based credit, consumers, producers, marketing, service and multi-purpose cooperatives registered with the Cooperative Development Authority, and electric cooperatives.
f.Committee on Youth and Sports Development, Games and Amusement. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters relating to the youth.
- The promotion of the youth's, moral, physical intellectual and social well- being;
- the organization of youth councils and the development of sports and sportsmanship in the community; and
- all matters relating to theaters, night clubs, cabarets, cocktail lounges, saloons, cockpits and other forms and places of recreation,
- games and amusement such as video careras, internet, boxing, wrestling, basketball and others;
- promulgate rules and regulations that will ensure the safety of the citizens, children and the community.
g.Committee on Agriculture and Food Security. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to food and agricultural production, agribusiness, agri-economics, agricultural research and technology, agricultural education including extension services, soil conservation, soil survey and research, irrigation, farm credit and security, animal industry and quarantine, and crop and livestock production, insurance, and guarantee programs.
- All matters directly and principally relating to aquaculture and fisheries production and development, the business of aquaculture, use of aquatic resources, fresh water and fisheries culture research and technology applications, aquaculture and fisheries education and training including extension services, conservation of fishery resources, and fishpond and fisheries culture production and development including related technical, financial and guarantee assistance programs.
h.Committee on Health and Sanitation and Dangerous Drugs. - This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to public health and hygiene, medical, hospital and other health facilities and services.
- Responsible for monitoring the health conditions in the province, the services of provincial and district hospitals, rural health units, operation of drugstores in the effort to safeguard public health, cleanliness and sanitation of the community, and all matters related to health, nutrition and population.
- All matters directly and principally relating to illegal or prohibited drugs, controlled precursors and essential chemicals, the production, manufacture, use and trafficking thereof, as well as the rehabilitation and treatment of drug dependents.
i.Committee on Tourism, Special Events and International Relations. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to the preservation of archeological antiquities and cultural heritage for the promotion of tourism in the Province
- The improvement of the tourism industry including the establishment and promotion of different tourist spots.
- international concerns/affairs
j.Committee on Public Works and Infrastructure. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters relating to planning, construction, maintenance, improvement and repair of public buildings, highways, bridges, roads, parks, shrines, monuments and other public edifices.
k.Committee on Education, Arts, Science and Technology. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters relating to education, the arts, science and technology, local school boards, local schools, colleges and universities, libraries and museums, non-formal and community adult education; scientific and technological research, development and advancement of moral and value formation of the community.
l.Committee on Barangay Affairs. - This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to barangays including their revenues and expenditures.
- Problems of the barangays for development purposes, as well as other matters for the improvement of barangay administration and the implementation of the barangay justice system.
m.Committee on Public Utilities. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters relating to communication industry, public information, mass communication and broadcast services; management of local mass media and advertising industry; the development and promotion of information technology. It shall have jurisdiction over issues related to telecommunications, computerization, internet and cyberspace, television, radio, movies, consumer ads, postal services, courier services, and other means of communications.
- All matters directly or principally relating to:
1. electricity, drainage, sewerage and flood control and protection, irrigations and water utility; land, sea and air transportation, telecommunications;
2. The grant, amendment, extension or revocation of Local Legislative Franchises operating within the territorial jurisdiction of the Province.
3. the exploration, development, utilization or conservation of energy resources, and the entities involved in energy or power generation, transmission, distribution and supply.
n.Committee on Ways and Means, Taxation, Industry and Commerce. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to the fiscal, monetary and financial affairs of the provincial government including tariff, taxation, revenues, borrowing, credit and bonded indebtedness.
o. Committee on Indigenous Peoples Affairs & Cultural Heritage. - This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to the development of predominantly cultural community areas, as well as promoting the welfare and protecting the rights of the Indigenous People and other tribal communities in the Province.
p.Committee on Legislative Monitoring and Evaluation (Oversight Committee) This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- shall have the power to look into the implementation of Ordinances and Resolutions passed by the Members of the Sanggunian.
- All matters referring to the duty of the legislature to supervise the implementation or enforcement of any act, or to inquire into the acts of the other branches of government in aid of legislation, for the purpose of recommending to the Sanggunian the appropriate legislative response or action.
- responsible for the legislative review and evaluation of selected activities of the executive branch to ensure that existing programs are implemented and administered efficiently, effectively, and in a manner consistent with the legislative intent.
q.Committee on Peace and Order and Public Safety. This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly and principally relating to the suppression of criminality including those on illegal gambling, private armies, terrorism, organized crime and illegal drugs, regulation of firearms, firecrackers and pyrotechnics, civil defense, private security agencies, and the Philippine National Police and all matters relating to the operation and maintenance of fire stations and correctional facilities within the territorial jurisdiction of the Province.
r.Committee on Disaster Preparedness and Management. -This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- All matters directly relating to risk reduction management. It shall also actively participate in the formulation of the provincial development plan and adopt such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters. The Committee shall act promptly on requests/matters pertaining to the Declaration of the Province in a State of Calamity.
s.Committee on Civil Service, Human Resource Development and Government Reorganization. - This Committee shall be concerned on all matters or questions pertaining to or connected with the following;
- the reorganization of the Provincial government or any of departments and instrumentalities, and the creation, abolition or change of the principal functions or nature of its departments, boards, and other instrumentalities;
- the hiring, promotion, suspension, or separation of employees in the Provincial Government, improving management-employee relations and creating a cheerful and harmonious job environment; general welfare of all employees, the enhancement of their skills for better performance, promotion for qualified and fitted employees and the award of incentives and other benefits and those relating to the audit of the performance and functions of personnel of the Provincial Government.
- all matters related to human resources development.
Section 22. Creation of Committees. -The following rules shall be observed in the creation of committees:
a) A Regular or Standing Committee may be created or reorganized by a majority vote of all the Members of the Sanggunian.
b) The Presiding Officer may recommend the creation or reorganization of any Regular or Standing Committee. The Sanggunian shall act on his recommendation without debate and vote on it immediately.
c) Special or Ad Hoc Committee may be created for special purposes upon the initiative of the Presiding Officer or any Member subject to the affirmative vote of a majority of the Members present, there being a quorum. Special committees shall cease to exist as soon as the Sanggunian has received their reports. Special committees shall be independent from other committees.
Section 23. Committee Composition. -A committee shall be composed of a Chairman, a Vice Chairman and at least three (3) members.
Section 24. Limitations-
a) A Sanggunian Member shall be a Chairperson of at least one (1) Committee but not more than three (3) Committees. Membership to committees is unlimited.
b) No person other than Members of the Sanggunian shall be made a Member of any regular committee.
c) No Member shall participate in the Committee’s deliberations if he/she has a direct or indirect personal or pecuniary interest on the matter being handled by that Committee.
Section 25. Vacancy. - Vacancy in a committee shall be filled;
a) By a majority vote of all Members of the Sangguniang Panlalawigan: or
b) By the Presiding Officer; by general consent (unanimous assent) of the members present, there being a quorum.
Section 26. Sub-committees. -Each standing committee may create such sub-committees as may be necessary for the efficient and effective performance of its functions.
Section 27. Committee Referral. -All matters shall first be referred to the committee concerned, except those which are urgent and demand immediate action, in which case the Chairperson of such committee may move to waive the pertinent Rule of the Sanggunian and further move for its approval.
Section 28. Attendance. - Every Member of a committee shall be present in all the committee meetings and public hearings unless prevented from doing so by sickness and other unavoidable circumstances duly reported to the concerned committee through the Committee Secretary.
Section 29. Unexplained Absences. - Unexplained absences for four (4) successive Committee meetings or hearing by the Chairman, Vice-Chairman, or members thereof shall operate to relinquish regular membership in the Committee.
Section 30. Committee Procedure. - The Committee shall function in the following manner:
a. Committee meetings shall be held on the day following the regular session, or after the adjournment of the session, if there is still ample time to conduct such. Provided that, if the Chairperson fails, refuses or neglects to convene such meeting, the Committee may, upon written request by a majority of the members thereof, call or convene such meeting.
b. A committee meeting is open only to members of the committee. A public hearing is any meeting where guests or the general public are invited to attend. A public hearing is required only for ordinances proposed in the Sangguniang Panlalawigan. An ordinance enacted by the different Sangguniang Bayan under review by the Sangguniang Panlalawigan need not undergo public hearings. The Chairman of the Committee, however, has the discretion to call for a committee meeting or a public hearing to tackle any matter, resolution or ordinance referred to it.
c. During public hearings, the presence of the at least three (3) members of the Committee, including the Chairman or the Vice-Chairman, is sufficient to constitute quorum.
d. If a proposed legislative measure has been included in the Agenda of a committee for three times and such measure has not been acted upon by the committee for one reason or another, except the non-appearance of the author, the same shall be considered as approved by the committee concerned.
e. If the author of a proposed resolution has failed to appear in the meeting for three (3) consecutive times set by the committee and has been marked absent in the attendance sheet passed after each committee meeting, the proposed measure shall be archived.
f. When a proposed resolution or ordinance is referred to more than one committee, the Presiding Officer shall designate or any member of the Sanggunian shall move for the designation of the main committee.
g. All proposed ordinances and/or resolutions referred to the Committee for study, investigations and recommendation shall be considered in the Committee meetings and only such ordinances and/or resolutions which have been approved by the Committee shall be reported to the Sanggunian for further deliberation and consideration.
h. In the deliberation and consideration of any matter in the Committee, the Committee may call on any person or persons to appear in such hearings and request his opinions, views and comments on the matter under consideration or concerning which he was invited to appear.
i. During final deliberation of the Committee, no person or persons shall be allowed in the meeting except the members thereof and such members of the Sanggunian as may be necessary or expedient to facilitate the performance of its functions, provided that only regular members of the committee are allowed to vote.
j. No tax ordinance or revenue measure shall be enacted by this Sanggunian in the absence of a public hearing duly conducted by the committee concerned.
k. All questions before the Committee shall require a majority vote for their approval.
Section 31. Mandatory presence of the author/sponsor of a proposed measure in the 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 said hearing or meeting upon notice. The attendance of the author(s) or sponsor(s) shall not be accounted to constitute a quorum to do business in the Committee hearing, unless he or she is a member of this Committee.
Section 42. Date, Time and Venue of Regular Session. - There shall be Regular Session of the Sanggunian every Tuesday of the week at 10:00 o’clock in the morning, to be held at the Sangguniang Panlalawigan Session Hall, Provincial Capitol, Lagawe, Ifugao. In case the date of Regular Session falls on a holiday, it shall be held on the following working day of the same week. A regular session may be held on another date or place upon concurrence or approval of the majority of all the Members present.
Section 43. Special Sessions.
a) When public interest so demands, special sessions may be called by the Provincial Vice Governor, upon the request of the Provincial Governor or by a majority of the members of the Sangguniang Panlalawigan. The date, time, place and subject matter of the meeting shall be specified in the call for a special session.
b) A written notice to the Sanggunian members stating the date, time and purpose of the special session shall be served personally to the Sanggunian member or left with a member of his household at his usual place of residence at least twenty-four (24) hours before the special session is held. However, a mobile text message shall also serve as official notification for the same purpose.
c) Unless otherwise agreed upon by two-thirds (2/3) vote of the members present there being a quorum, no other matter may be considered at a special session except those stated in the notice.
Section 44. Nature of Sessions.
a) All Sessions of the Sangguniang Panlalawigan shall be open to the public unless a Closed-Door Session is decided by reason of security for other valid reasons upon a majority vote. by a majority of the members present, there being a quorum.
b) In order not to disrupt the proceedings, occupants in the galleries shall be prohibited from using their cameras and video recorders except those authorized by the Sanggunian. Cellular phones and other similar electronic devices shall be put in silent mode.
Section 45. Prohibition. - No two (2) sessions, whether regular or special, may be held on a single day.
Section 46. Holding of Sessions Outside Session Hall. - Regular or Special Sessions may be held at any other place within the territorial jurisdiction of the Province as may be decided by a majority of the members of the Sanggunian.
Section 47. Executive Sessions. - When the Sanggunian decides to hold an executive session, the Presiding Officer shall direct the galleries and hallways to be cleared and the doors closed. Only the Secretary to the Sanggunian, and other persons specifically authorized by the Sanggunian shall be admitted to the executive session. They shall preserve the confidentiality of everything read or discussed in the session; Provided, that the Sanggunian may opt to hold said executive session in any of its conference rooms and lounges.
Section 48. Appearance of Guests During Regular and Special Sessions. Requests for appearance of guests during regular and special sessions shall be coursed through the Sanggunian Secretary.
Section 49. Approval of Minutes. - The Minutes shall be submitted to the Sanggunian for approval. Prior to approval, the Minutes shall be read in full unless copies thereof have been distributed to the Members. The Minutes for the last day of a regular or special session shall be approved in the manner determined by the Sanggunian.
Section 50. Suspension, Cancellation and Adjournment of Session. - Sessions shall not be adjourned except by direction of the Sanggunian. The Presiding Officer may declare a suspension or recess of short interval at any time. In cases of natural calamities and other fortuitous events of such nature as to render the attendance of Members to sessions of the Sanggunian or the conduct of such sessions extremely difficult or impossible, the Presiding Officer may declare the cancellation of the conduct of sessions on any given period of time.
Section 51.Quorum.
a) A majority of all the members of the Sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned to arrest the absent member and present him at the session.
c) If there is still no quorum despite the enforcement of the immediately preceding subsection, 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 52. 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 is raised by any Member, the Presiding Officer shall immediately cause the reading of the roll of Members and announce the result thereof and then declare whether or not there exist a quorum. In the absence of a quorum, the Presiding Officer may declare a recess of not more than thirty (30) minutes and wait for the other Members to come to constitute a quorum. If there is still no quorum despite the recess, the Presiding Officer may, motuproprio, or upon proper motion from the floor duly adopted by the Sanggunian, then declare the session adjourned for lack of quorum.
The motion for adjournment is non-debatable.
Section 53. Absence of Quorum. - In the event that a Regular Session is to be adjourned for lack of quorum in accordance with the preceding section, the matters listed or calendared under First Reading/Referral shall be referred to the proper committees by the Presiding Officer or Acting/Temporary Presiding Officer.
Section 54. Penalty for Unjustified Absence without Valid Cause. - Any member who incurred an absence during a regular or special session without any valid cause/reason shall be imposed a penalty of Five Hundred Pesos (PhP500.00).
Section 55. Persons who have been Elected and Qualified. - Other interpretations to the contrary notwithstanding, the term “elected and qualified” shall be construed to include the majority of not only the regular members but also the ex-officio Members of the Sanggunian.
Section 56. Preparation of Order of Business. - The Order of Business shall be prepared by the Secretary to the Sanggunian, and approved by the Chairperson of the Committee on Rules. A copy thereof, together with the attachment and supporting documents, shall be furnished all Members of the Sanggunian at least two (2) working days before the date of the Regular or Special Session.
Section 57. Where and When to File Measures for Inclusion in the Order of Business.
- All matters or items for inclusion in the Order of Business for the immediatelyensuing session shall be filed before the Office of the Sanggunian Secretary not later than 12:00 noon of every Thursday.
Request for Committee Reports for inclusion in the Order of Business shall be coordinated with the Policy Development and Legislation Support Division of the Office of the Secretary. Hard and electronic copy of minutes of regular/special sessions and committee reports shall be submitted to the Secretary to the Sanggunian at least one day before the date of the regular session day, who shall immediately furnish copies of the same to Sangguniang Panlalawigan members.
Section 58. Contents of the Order of Business. -The order of business of the Sanggunian shall be as follows:
1. Call to Order
2. Prayer
3. Singing of the National Anthem
3. Singing of the Provincial Hymn
4. Calling of the Roll and Declaration of Quorum
5. Privilege Hour. A privilege speech shall be allowed a maximum of ten (10) minutes and only interpellations relevant to the issues raised shall be entertained.
6. Question/People's Hour
7. Reading and Approval of the Minutes of the previous session
8. First Reading of Proposed Measures or Communications
9. Committee Reports
10. Calendar of Business
a) Unfinished Business
b) Business for the Day
1. Measures for Second Reading
1.a) Calendared Items
1.b) Forwarded Items
2. Measures for Third Reading
2.a) Calendared Items
2.b) Forwarded Items
c) Unassigned Business
d) Announcements
e) Adjournment
Section 59. Definition of Terms under the Order of Business. - The following terms as used in the Order of Business of the Sangguniang Panlalawigan of Ifugao are hereby defined as follows:
a) Unfinished Business – refers to proposals or measures that have been left not acted upon, postponed, or left unfinished during the previous meeting or session. This also includes items of business left unfinished or not acted upon at the end of the term of the previous administration.
b) Business for the Day – refers to a list of times that have been reported out by a committee and are ready for deliberation on second Reading and third Reading as determined by the Committee on Laws.
c) Unassigned Business – refers to pending matter or measures including new ones that arise during the deliberation but not yet assigned or referred to any committee for appropriate action which includes among other matters which were raised during the Privilege Hour or which surfaced during Question Hour.
d) Privilege Hour – this is an opportunity/time allotted for any member of the Sangguniang Panlalawigan to express or present his/her sentiments, concerns, issues or matters to the body.
e) Question Hour -is an avenue or opportunity wherein non-members of the Sangguniang Panlalawigan are allowed to speak during that period in the session upon the invitation of the Sangguniang Panlalawigan.
f) People’s Hour – is a time/opportunity for any of the province’s stakeholders, officials of lower local government units, NGA’s, NGO’s PO’s or private individuals who upon their instance or request shall be granted an audience with the Sangguniang Panlalawigan. Provided that the request for accommodation/audience during People’s Hour must be submitted one (1) week before the session they will be accommodated.
Section 60. Calendar of Business. - The Calendar of Business shall contain a brief description of the item of business to be taken up during the Regular Session including but not limited to the following:
a) The title of the proposed ordinance or resolution.
b) The name of the sponsor and co-sponsors or author and co-authors, and the committee to which it was referred or the committee sponsoring it.
c) In the case of petitions, letters, endorsements and other communication, the source or the name of senders.
Section 61. Committee Reports. - As a general rule, reports shall be rendered by its Committee Chairman, unless he/she dissents with the majority or delegates the reporting to any member of the committee. In her/his absence, the vice Chairman shall take his/her place. If neither of them is present, any Committee member concurring with the report and duly designated by the said committee shall render the report.
If the reporting committee recommends a favorable action on the measure referred to it or if the reporting committee recommends the proposed measure for appropriate action by the Sanggunian, the Committee on Rules shall calendar it for Second Reading. If the reporting committee’s recommendation is for the Sanggunian not to take action and that recommendation has been adopted by the Body, the proposed measure remains shelved in the committee. If the recommendation is to “File Away”, the proposal will be filed in the archives of the Sanggunian.
No member of a Committee shall oppose or object to the report of his/her committee unless he submits his dissenting opinion to the majority decision in writing. Otherwise, he shall be precluded to oppose it on the floor.
Section 62. Deviation from Order of Business. - Deviation from the prescribed Order of Business may be done only when the measure to be acted upon by the Sanggunian is certified by the Local Chief Executive as Urgent. It shall have priority over all other items of business, and shall be considered without need of suspending the rules even if it is not included in the Calendar of Business.
Section 63. Questions of Privilege, defined - Questions of privilege are those affecting the rights of the Sangguniang Panlalawigan as a Body, its safety, dignity and integrity of the proceeding and those affecting the rights, reputation and conduct of the Members in their capacity as such. It shall have precedence over all other questions.
Section 64. Privilege Speech.
a) In aid of legislation, any member of the Board may deliver a privilege speech on any matter which concerns the general well-being, security and interest of the people.
b) The privilege speech shall be delivered immediately after the quorum is determined.
c) Such privilege speech shall not be more than thirty (30) minutes; Provided that the Members may interpellate the speaker after the privilege speech is delivered in no more than thirty (30) minutes.
d) The speaker shall deliver her/his speech at the speaker's podium provided.
e) In no case shall any resolution, arising from the privilege speech of any Member, be included in the Unassigned Business portion of the session, unless, said resolution is filed in a manner pursuant to Section 36 of Rule IX hereof.
Section 65. Paperless Legislative Process. – The Sanggunian shall endeavor to develop institutional capabilities and harness available advance information and communication resources 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 prepared in not more than three (3) hard copies, to be distributed to the Presiding Officer, secretariat, and official file at the Records Section. Copies of Order of Business, committee reports and minutes of meeting or hearing shall be prepared and filed in the same manner.
b) In lieu of hard copies of aforesaid documents, electronic copy thereof shall be furnished all the members of the Sanggunian in the manner provided under Rule X (committee report), Rule XIII (order of business), Rule XV (legislative process), and Rule XVIII (journal and record of proceedings) hereof.
Section 116.Order of Privilege or Motions. - The order of privilege or motions shall be as follows:
1. To fix the time of adjournment
2. To adjourn
3. To raise a question of privilege
4. To call for the order of the day
5. To lay on the table
6. To take an immediate vote
7. To limit or extend the time of debate
8. To postpone definitely
9. To commit or defer
10. To amend
11. To postpone indefinitely
12. To act on main motions
Section 117. Purpose of Order. - The significance of the above order is that when any of these motions is presented before the Body, any motion higher in the list is in order, and any motion lower down in the list is out of order.
Section 118. If someone has the floor, whether or not he/she is speaking, a motion to adjourn shall be ruled out of order.
Section 119. Procedure. - Before any motion is opened for discussion, the following procedure must be followed:
1. Any member of the Sanggunian who seeks to speak must respectfully address the Presiding Officer for recognition;
2. Such member must be recognized by the Presiding Officer;
3. Such member thus recognized must propose his/her motion;
4. The motion must be duly seconded;
5. The motion must be stated by the Presiding Officer and declared open for discussion.
Section 120.Rules During Discussion. - During the discussion of a motion, the following rules shall be observed:
a. A motion is out of order when it is in conflict with a resolution previously passed at the same Session;
b. A member who speaks, before the floor is relinquished is out of order and cannot claim the floor;
c. A member who has proposed a motion may claim the floor to introduce discussion even if another has stood up before him;
d. A member shall speak only once upon any motion or amendment unless permitted by the Presiding Officer;
e. A member who has spoken on any motion has the right to speak on any proposed amendment to the motion;
f. The movant has the right to reply before a final vote is taken on the main motion, and he may also defend his motion against all amendments when said amendments have been opened for discussion;
g. When a motion to take an immediate vote has been carried on, its effect is to close all general discussion, but it does not deprive the movant of his right to reply;
h. When a motion has two or more points of issue, any member may request that it be divided so that separate voting may be taken on each point.
Section 121. Amendments. - The following rules shall be observed on amendments to a motion:
a. An amendment which merely negates a motion is out of order;
b. There is no limit as to the number of amendments to any motion but there can only be a motion, an amendment, and an amendment to the amendment to the amendment, before the Sanggunian at a time, so that when any amendment is disposed of, other amendments may be proposed;
c. When a motion, an amendment, and an amendment to the amendment are before the Sanggunian, the first two are pending questions and the last, the immediately pending question, so that the discussion and voting shall always start from the immediately pending question;
d. When a vote is taken on an amendment, the Presiding Officer must first call for the votes in favor of the amendment then for the votes against the amendment, and if the amendment is lost the motion stands and shall be opened for discussion and further amendments; but if the amendments are carried out, the motion is accordingly amended and shall be opened for discussion and further amendment.
Section 122. Motion for Reconsideration. - In the consideration of a motion to reconsider the following rules shall be observed:
a. A motion to reconsider may be made at any time when the floor is vacant, but the actual consideration has only the same privilege as the motion to be considered;
b. When a motion to reconsider has been seconded, all actions on the motion to reconsider are suspended until the question of reconsideration is disposed of;
c. A motion to reconsider must be moved by a member who voted for the motion but any member may second the motion;
d. A motion to reconsider may be considered at the same setting at which it has been presented or at a future time.
f. If any motion has been taken to put a resolution into effect after its adoption it cannot be reconsidered;
g. If a resolution affects a person or persons and they have been informed of such action or were present when it was taken, and have not declined to comply, the motion cannot be reconsidered;
h. A motion cannot be changed twice unless materially changed on the first reconsideration, and if a motion to reconsider has been lost, it cannot be repeated.
Section 123. Question of Order. - When question of order arises, the following rules shall govern:
a. A point of order may be raised even while a question is pending or when a speaker has the floor and the point raised must be decided by the Presiding Officer without debate;
b. Any member of the Body may appeal from the ruling of the Presiding Officer and thereupon the Presiding Officer shall take the point of issue, giving the reason or reasons for her ruling and shall ask the members whether the ruling of the Presiding Officer is sustained. The Secretary shall declare the result of the voting.
Section 124.Voting. - When a motion to lay on the table is in order, it must be put to vote without debate and if the motion is lost it cannot be repeated or reconsidered, but if carried out, it is laid on the table and cannot be taken from the table unless upon motion duly seconded.
Section 125. Suppletory Rule. - On any point not covered by the foregoing rules, the Robert Rules of Order shall be followed.
Section 66.Rules in the Enactment of Ordinance and Adoption of Resolutions. - In the enactment of ordinance and adoption of resolutions including other matters requiring legislative action, the following rules shall be observed:
a) Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolution. Matters relating to propriety functions and to private concerns shall also be acted upon by resolution.
b) Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its effectivity. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification of its approval. It shall be signed by the other author or authors and submitted to the Secretary to the Sanggunian before the start of the Regular Session.
c) A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need not go through a Third Reading for its final consideration unless decided otherwise by a majority of the Sangguniang Members present.
d) No ordinance or resolution shall be presented for discussion on Second Reading in any regular session unless it has been furnished to all members for intelligent discussion and reported out by the proper committee to which it was referred or certified as urgent by the Local Chief Executive, except resolutions forwarded to committee report and second reading.
e) Any legislative matter duly certified by the Local Chief Executive as urgent whether or not it is included in the Calendar of Business may be presented and considered by the Body at the same session without need of suspending the rules.
f) The Secretary to the Sanggunian shall prepare copies of the proposed ordinance or resolutions in the form it was passed on Second Reading and shall distribute to each Sanggunian Member a copy thereof, except that measure certified by the Local Chief Executive as urgent may be submitted for the final voting immediately after it has undergone the period of debate and amendment during the Second Reading.
g) No ordinance or resolution passed by the Sanggunian in a Regular, or Special Session duly called for the purpose shall be valid unless approved through a voting process as prescribed by existing laws, rules and regulations.
h) Upon the passage of all the ordinances and resolutions directing the payment of money creating a liability, and at the request of a member, the Sanggunian Secretary shall record the ayes and the nays. Each approved ordinance or resolution shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.
i) Resolutions passed by the Sanggunian need not be approved by the Local Chief Executive. However, resolutions adopting a local development plan and public investment program shall be transmitted to the Local Chief Executive for approval. Provided, that other resolutions may be signed by the Local Chief Executive
Section 67. Approval of Ordinance and Veto Power of the Local Chief Executive. - The approval of the ordinance by the governor, as the case may be, and the exercise of his veto power shall be governed by the following rules:
a. Every ordinance enacted by the Sanggunian shall be presented to the Governor for his approval. If he approves the same, he shall affix his signature on each and every part thereof, otherwise he shall veto it and return the same with his objections. The Sanggunian may override the veto by two third (2/3) vote of all its members thereby making the ordinance or resolution effective, even without the approval of the local chief executive and making the ordinance or resolution effective for all legal intents and purposes.
b. The Governor may veto any ordinance only once, the veto shall be communicated by the governor to the Sanggunian within fifteen (15) days upon receipt of the ordinance by the Governor, otherwise the ordinance shall be deemed approved as if he had signed it.
c. The governor may veto any ordinance of the Sanggunian on the ground that it is ultra vires or prejudicial to public welfare, stating his reasons thereof in writing.
d. The Governor shall have the power to veto any particular item or items of an appropriation ordinance, an ordinance or resolution adopting local development plan and public investment program, realignment of funds and other resolutions such as transfer of assets or an ordinance/resolution directing the payment of money or creating liability. In such case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the Sanggunian overrides the veto in the manner provided in this section, otherwise, the item or items in the appropriation ordinance of the previous year corresponding to those vetoed, if any shall be deemed re-enacted.
Section 68. The Three - Reading Principle. - The so-called Three Reading Principle which is commonly adopted in legislative bodies shall also be followed by this Sanggunian. Hence, as a general rule, before an ordinance is finally enacted, it shall undergo the following stages:
a) First Reading. At this stage, the Secretary shall read the number of the proposed draft ordinance, its title, name of author or authors or the name of the members introducing it. Thereafter, the Presiding Officer shall refer it to the appropriate committee with or without instruction. At this stage, no debate shall be allowed.
b) Second Reading. At this stage, any proposed ordinance that has already been reported out by the concerned committee and has been calendared by the Committee on Laws for Second Reading may be sponsored by the reporting Committee Chairman, or his Vice-Chairman, or any Committee Member designated for that purpose or the author.
Since every Member of the Sanggunian is supposed to have been furnished a copy thereof, the proposed ordinance may no longer be read in full unless the sponsoring committee or the Sanggunian itself decides otherwise.
After the usual sponsorship speech has been delivered, the proposed ordinance shall be subjected to the following;
Period of Debate
Period of Amendment
Approval on Second Reading
Prior to Third Reading, a final draft copy shall be furnished each member one (1) working day before the schedule of Third and Final Reading.
c) Third (Final) Reading. At this stage, the secretary shall read the proposed draft ordinance with its number, title and the name of its author or co-authors or the sponsor or co-sponsors, if any. Immediately thereafter, the Presiding Officer shall put the proposed ordinance to a vote. No debate or discussion is allowed. The Presiding Officer shall then formally announce the results thereof and direct the Secretary to enter the measure in the record.
Section 69. Format of Measures.
a) Resolutions shall be finalized in the excerpt format, unless requested otherwise by the author/proponent that all Members will sign;
b) Ordinances shall contain all the names of the Members of the Sanggunian Panlalawigan and should it be requested by those who voted in the negative, the use of the phrases to indicate the nature of the vote shall be placed above the name of the concerned Member.
c) All Members shall be given the chance to sign all ordinances before these shall be released by the Records Section to the concerned offices.
Section 70. Putting the Question to a Vote. - The Presiding Officer may rise whenever he/she is putting a question to a vote. In taking the vote, the Presiding Officer shall take first the affirmative votes and then the negative votes and shall announce the result thereof.
Section 71.Posting and Publication. - Posting and Publication of ordinances shall be done in accordance with existing laws, rules and regulations.
Section 72. Procedure in the Deliberation and Enactment of Annual Executive and Supplemental Budget of the Province of Ifugao. – Upon the start of the Budget Process, during the preparation of the Department or Office budgets, prior to its submission to the Local Chief Executive, the said budget proposal shall be prepared in accordance with such policy and program guidelines as the Local Chief Executive concerned may issue in conformity with the local development plan, the budgetary ceiling prescribed by the Local Finance Committee, and the general requirements prescribed in the Local Government Code.
Upon submission by the Local Chief Executive of the budget proposal on or before October 16 to the Sangguniang Panlalawigan, the Department or Office Head shall consult and coordinate with the Committee Chair under whose legislative purview their respective departments belong in order to prepare for the Committee budget hearings.
Once approved, the Annual or Supplemental Budgets can only be modified or amended by the Sangguniang Panlalawigan which is the sole authority to perform such acts and functions.
Section 73. Methods of Voting. – Unless a different method is prescribed by the Sanggunian for a particular measure, voting shall be either one of the following methods:
a) By voice (viva-voce);
b) By raising of hand (show of hand);
c) By raising;
d) By ballot; or
e) By nominal voting (roll call)
Section 74. Voting on the Question. – Whenever a nominal voting (or roll call voting) is being applied, the secretary shall call the roll of members either in alphabetical order or by rank. As each name is called, the member shall announce his vote by stating YES or NO, as the case may be. As a general rule, a member may explain his vote but not to exceed three (3) minutes.
A second roll call may be requested by any member from the Chair but this time only the names of those who failed to vote shall be called. This is to give another opportunity to those who failed to cast their votes to exercise their right and also to determine the number of members who might have violated the rule on abstention. After the second roll, no other request of the same kind shall be entertained by the Chair.
Section 75. Voting Restriction. – No member can vote, or be allowed to vote, on any measure in which he or any of his relative within the third degree of consanguinity or affinity, has a direct or personal pecuniary interest. This rule, however, does not apply in voting for elective positions in the Sanggunian where a Member, as a matter of right, can vote for himself.
Section 76. Change of Vote. – A member may change his vote but only when the result of the voting has not been announced by the Chair. Otherwise, he can only change his vote by a unanimous consent of the members present, provided that this rule shall not be applied if voting is by ballot.
Section 77. Vote by a Late-Comer. – A member who came in late during the session but who happens to arrive while voting is in progress shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chair.
Section 78. Allowable Motion During Voting. – Except for a motion pertaining to a question of quorum, no other motion shall be entertained by the Chair while voting is in progress.
Section 79. The Tie Vote. – A tie resulting from the vote taken on any motion, measure or proposal shall be constructed to mean that the particular motion, measure or proposal is defeated, unless the Chair decides to break it. Exception to this rule is when a motion to appeal from the decision of the Chair is put to a vote and resulted in a tie. In this case, the tie vote is considered to sustain the decision of the Chair.
Section 80. Breaking a Tie. – In case of a tie, the Presiding Officer shall cast his vote to break the tie.
Section 81. Majority Vote of All Members. – As provided for under RA 7160 and its implementing rules and regulations, a majority vote of all the Members of the Sanggunian is required in the following circumstances:
a. Enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or relief. (Par. 2ii Sec. 468, RA 7160)
b. Authorize the Governor to negotiate and contract loans and other forms of indebtedness. (Par. 20iii Sec. 468 RA 7160)
c. Enactment of ordinance authorizing the floating of bonds or other instruments of indebtedness for the purpose of raising funds to finance development projects. (Par. 2iv Sec.468 RA 7160)
d. Appropriate funds for all the construction and maintenance or rental of buildings for the use of the Province: and, upon the majority vote of all the Members of the Sanggunian Panlalawigan, authorize the governor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations. (Par. d. Sec. 463 RA 7160)
e. With the concurrence of all the Members, act on the appointment issued by the Governor to heads of departments and offices. (Par. d. Sec. 163, RA 7160)
Section 82. Majority Vote of the Members Present (Thereby Constituting A Quorum). - Except as provided in the immediately preceding section hereof, all other legislative matters or measures shall require only a majority vote of the Members present therein having a quorum for its passage, adoption or enactment, as the case may be.
Section 83. Plurality Vote. - A decision of the Sanggunian through a plurality vote shall be valid only and enforceable if it is the result of an election of officers of the Sanggunian or Members of Committees. No legislative proposal or measure of whatever nature shall be passed, adopted or enacted by this Sanggunian through a mere plurality vote.
Section 84. Percentage Vote. -For purposes of this section, a percentage shall be construed to mean as a proportion of a certain whole. Percentage vote shall be applied in the following:
a. A two-thirds (2/3) vote of all the Member of this Sanggunian shall be required in overriding the veto of the Local Chief Executive for any ordinances or resolutions, thereby making the particular ordinance or resolution effective for all intents and purposes. (Sec. 54, RA 7160):
b. Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian Members present, there being a quorum, no other matters may be considered at a Special Session except those stated in the notice. (Sec. 52 (d), RA 7160);
c. The penalty of suspension or expulsion that may be imposed or meted out by the Sanggunian to an erring Member “shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian Members.” (Sec. 50, b-5, RA 7160)
d. With the concurrence of at least two-thirds (2/3) vote of the Members of the Sanggunian, it may grant tax exemptions, incentives or relief;
e. At least two-thirds (2/3) affirmative vote of the Members present, there being a quorum, shall be required for the adoption of the following motions:
- Motion to Suspend the Rules;
- Motion to Expunge;
- Motion to Extend or Limit Debate;
- Motion to Call for the Previous Question.
- At least a two-thirds (2/3) negative vote of the Members present, there being a quorum, shall be required in order to sustain the motion to object to the consideration of a question.
Section 85. Abstentions. - Indubitably, a Member of this Sanggunian is representing the people and not necessarily his own self and, as such, he should be required to take a stand, one way or the other on every issue or measure submitted for decision of the August body. Hence, it is hereby made as a general rule that no member of this Sanggunian shall abstain from voting, except as provided under Section 75 and Section 77 of this Internal s of Procedure.
Abstention, if ever allowed to a member, shall not be considered in computing the majority vote. Since abstention is not a vote, it does not count either way. Mere silence and abstention are not the equivalent of affirmative votes nor of negative votes.
Section 89. Simple Majority. - Except as otherwise provided in the Internal rules of Procedure and existing laws, rules and regulation, a vote by a “simple majority” means one-half plus one (1/2+1) of the total votes cast by the Members present, there being a quorum. It might be less than the majority of the entire membership.
Section 87. As a general rule, no member shall speak before this Sanggunian without first “obtaining the floor.” A member who has obtained the floor shall stand and address his remarks to the Presiding Officer. The members should be addressed in the third person. He shall conduct himself with proper decorum by confining his remarks or argument to the question under debate and avoiding personalities.
Section 88. Relevance of Statements on Issue. - All questions, discussions, or statements by any Member should be germane to the pending question or issue being deliberated upon.
Section 89.Civility in the Conduct of Members. - Members are expected to manifest proper deportment. When someone has the floor, everybody should be seated. No member shall impugn the integrity or character, nor question the motive of another member.
Section 90. Avoid Monopoly of Discussion or Debate. - No member shall monopolize any discussion or debate. No member shall speak more than twice on the same subject matter without the consent of the Body. No member shall be granted a second turn to speak until all who wish to avail the first opportunity shall have spoken.
Section 91. A member rendering a committee report or delivering the sponsorship speech shall not speak for more than ten (10) minutes unless allowed by a majority of the members present.
Section 92. No member shall speak for more than five (5) minutes on particular issue or question being debated upon, unless he is allowed to do so by a majority of the members present.
Section 96. During the period of amendments, every member shall observe the so-called 5-minute-rule, i.e. remarks or argumentation by any member on each proposed amendment shall not exceed five (5) minutes.
Section 97. The member rendering a committee report or delivering the sponsorship speech of a proposed measure may move to open or close the debate within the 10-minute period allowed to him. If he fails to exercise his option, the chair may use the assumed motion to open or close the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his sponsorship speech of a proposed measure, it shall be considered open to debate.
Section 98. While having the floor, a member may be interrupted in his speech or talk by the Presiding Officer to state a point of order to respond to question from the floor, to clarify something related to the issue being discussed or to make certain remarks within his privilege.
Section 99. The speaker may also be interrupted by another member if the latter desires to ask question through his privilege to interpolate and by proposing the following motions:
a) Point of Order
b) Point of Information
c) Point of Parliamentary Inquiry
d) Call to Order of the Day
e) Divide the Body
f) Raise a Question of Privilege
g) Reconsider
h) Appeal from the Decision of the Chair
Section 100. All questions addressed to the speaker or the member having the floor must always be coursed through the Presiding Officer.
Section 101. The speaker being interpellated may decline to answer questions, if he so desires.
Section 102. No member shall speak against his motion or proposition. He may, however, be permitted to withdraw his motion or proposition and if his request to withdraw is denied, he may vote against it.
Section 103. While the period of debate is in progress, no member shall roam around the Session Hall or leave the premises without the permission of the Chair.
Section 104. A motion to close the debate is in order if three (3) members have already spoken in the affirmative side and two (2) in the negative side; or only one (1) member has spoken in favor but none against it.
Section 105. Subject to the requirement of the preceding section, if no member moves to close the period of debate, the Chair, motu propio, may use the “assumed motion” in order to close the period of debate.
Section 106. When a motion “to call a previous question” is proposed by a member which would result in the closing of debate on a pending question, two thirds (2/3) affirmative vote is hereby required.
Section 107. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave his seat nor interrupt the former in his talk.
Section 108. Any member of the sponsoring committee, especially if absent despite being duly notified of the schedule of the Committee Meeting., shall not be allowed to interpellate during the debate on 2nd Reading on the said measure. however, if he is present during the Committee Meeting and has expressed his opposition, he may be allowed to restate his opposition to that measure during the deliberations. His opposition shall be included in the report; Provided that no member of the committee who has been present during the committee meeting shall vote against the proposed measure unless the recommendation of the Committee through a motion during 2nd Reading has been substantially/significantly amended.
Section 109. After the period of debate has been closed, the period of amendments shall immediately follow. Unless a different method is adopted by the Members present in a particular 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 section by 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 its conclusion and the original measure or proposition is said to have passed the second reading.
Section 110. Record of Proceedings. - The Sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the majority Members thereof.
Section 111. Minutes. - In addition to the journal of proceedings which are required by Law (RA 7160) to be kept, the Sanggunian, through its Secretary shall also record its proceedings in the form of minutes which shall be submitted by the Secretary to the Sanggunian for appropriate action.
Section 112. Reading and Consideration of Minutes. - The minutes of the previous session shall be submitted by the Secretary to the Sanggunian during its succeeding Regular 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 becomes its property. Consideration of the minutes shall not be dispensed with. Reading of the minutes verbatim may be dispensed with if the members were already furnished a copy beforehand. Being all responsible men and women, the members are presumed to have read the minutes already before they came to the session. In any case, the minutes submitted by the secretary shall be acted upon by the members present, one way or the other.
Section 114. Signing of the Minutes. - The original copy of the minutes shall be signed by the members who adopted it at the appropriate space therein. The Presiding Officer at that particular session and the Secretary shall also sign or affix their signatories on the said minutes.
Section 115. Excerpts. - Excerpts to be taken out of the minutes shall be certified and attested to as correct by the Secretary and the Presiding Officer on that particular sessions, respectively.
Section 113. Content of Minutes. - The minute shall contain the following information:
a) Place, Date and Time of the Session.
b) Regular or Special Meeting.
c) Name of Members present therein and those who are absent.
d) Action taken on the minutes of the previous session including corrections, if any; names of those who adopted the minutes under consideration and those who did not, if any.
e) Text of every measure (resolution or ordinance) adopted or enacted.
f) Brief resume of the minority opinion, if any.
g) The AYES and NAYS or YES or NO vote on every question (measure) and if voting is done through nominal or roll call vote, the names of those who voted on either side.
h) All motions presented or proposed, whether lost or carried, except those withdrawn.
i) Full text of the veto message of the Local Chief Executive, if any.
j) Time of adjournment.
Section 126. Unparliamentary Acts and Words. – All acts, words and declarations which personally offend any person or public institution shall be declared unparliamentary.
No member of the Sanggunian, under any circumstance and during any debate, shall use offensive or improper language or innuendos against other members of the Sanggunian or against any public officer or institution. Any member of the Sanggunian who utters any unparliamentary deed may be sanctioned as follows:
a. The Presiding Officer shall motu propio, or at the instance of another member, call him to order. The erring member shall immediately take his seat, if he has the floor. In case a point of order is raised and sustained by the Presiding Officer, said member shall not continue speaking without the consent of the Sanggunian upon motion made and duly seconded;
b. When a member is called to order for using improper or offensive words during a debate upon motion made by another member, such words shall be ordered stricken off from the records;
c. In case of very serious or grave offense, the Sanggunian by two thirds (2/3) vote, may impose such penalty as may be warranted by the offense committed, without prejudice to the institution of the proper administrative and/or criminal action as the circumstances may warrant.
Section 127. Institution of Action and conduct of Investigation. - The Blue-Ribbon Committee shall take cognizance of all the offenses committed by any member of this Sanggunian or the Vice Governor. It shall forthwith conduct the necessary fact-finding investigation and thereafter shall submit its Committee Report together with the corresponding recommendation for consideration of the Sanggunian sitting en banc.
Only a fact-finding investigation shall be conducted, and thus, the technical rules of court practice, procedure and evidence shall not be applied. However, the requirement of fairness and reasonableness should be observed.
Should any Member of the Blue-Ribbon Committee be the respondent, the Presiding Officer shall designate a replacement to complete the membership thereof but only in so far as the conduct of the fact-finding investigation is concerned. In performing the other functions of the said committee, the respondent is still a member of that committee.
Section 128. All Members of the Sangguniang Panlalawigan shall attend Regular or Special Sessions in the proper attires/uniform.
a) Uniform Attire per session:
SCHEDULE OF SESSION AND ATTIRE
First Week Sessions
For Men:
- Long Sleeve White Barong Tagalog paired with dark slacks. For Women: - White Barong blouse paired with slacks/skirt or Barong dress.
Second Week Sessions For Men: - Coat and Tie paired with dark slacks (dark suit). For Women: - Corporate Attire.
Third Week Sessions For Men: - Ethnic/native inspired Barong Tagalog or ethnic inspired Coat and slacks. For Women: - Ethnic/native inspired Barong blouse or dress.
Fourth of Fifth Week Sessions if there's any; Special Session For Men: - Coat and Tie or Barong Tagalog (any shade/color) paired with any pant of dark shade/color (i.e.khaki) For Women: - Formal Blouse paired with Slacks or Formal Dress/Barong dress
b) Penalty for non-wearing of uniform: There shall be imposed a penalty of Five Hundred Pesos (PhP500.00.) for unreasonable non-wearing of prescribed uniform during session.
Section 129. The Internal Rules of the Sangguniang Panlalawigan of Ifugao may be suspended upon motion for the purpose, duly seconded and the number of votes required is attained.
Section 130. When making said motion, the specific purpose/s for said suspension shall be stated and no other matter/s shall be considered other than that/those for which the rules were suspended.
Attendance of the following circumstances will justify the suspension of the rules:
a. Time is of the essence;
b. The denial of the motion shall:
a) cause irreparable damage to life, limb or property;
b) gravely hampers the delivery of basic services; or
c) adversely affect peace and order or security;
c. Urgent financial or budgetary requirement, and
d. In such other similar circumstances which will prejudice the interest of the public.
Section 131. The number of votes required in order to suspend the Rules of the Sanggunian shall be by 2/3 votes of the members present there being a quorum. If no objection is raised, it shall be presumed that a unanimous vote/consent of the members was taken. Otherwise, the number of votes required in this section shall be strictly complied with.
Section 132. It shall be understood that once a particular rule is suspended for a specific purpose, only such particular rule is suspended and the other rules of the Sanggunian shall remain in force.
Section 133. In the absence of specific provisions in these rules applicable to a given situation, the Robert’s Rule of Order, Rules of Procedure by Attorney Antonio Orendain and DILG Opinions will govern; however, the Sanggunian may adopt such rules to govern the situation not herein contemplated consistent with the provisions of the 1991 Local Government Code as amended and its Implementing Rules and Regulations and in keeping with the tenets of fair play and justice.
Section 134. Any amendment to these rules may be made by the filing of a written motion which shall contain the proposed amendment and the reasons therefore. The motion shall be filed at least one (1) week before its consideration and two-third (2/3) votes of all the members of the Sanggunian (which is eight) shall be required for the approval of the amendment, unless otherwise specifically provided in these rules.
Section 135. The provisions of any resolutions or portions thereof which are inconsistent herewith are hereby repealed, modified or amended accordingly.
Section 136. These rules shall take effect on the date of their adoption and shall remain in full force and effect until amended, modified or repealed.
RESOLVED FINALLY, to forward copies of this Internal Rules of Procedure of the 19th Sangguniang Panlalawigan of the Province of Ifugao to all concerned.
APPROVED by the Sangguniang Panlalawigan this 5th day of July 2022 at Lagawe, Ifugao.
