INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG PANLALAWIGAN OF THE PROVINCE OF NORTHERN SAMAR
Article 1. COMPOSITION. The Sangguniang Panlalawigan shall be composed of the Provincial Vice-Governor as Presiding Officer, the regular Sangguniang Panlalawigan Members, the President of the Provincial Chapter of the Liga ng mga Barangay, the President of the Panlalawigang Pederasyon ng mga Sangguniang Kabataan, the President of the Provincial Federation of Sangguniang Bayan Members, and the sectoral representatives, as members. The sectoral representatives shall represent the following sectors; one (1) from the women; one (1) from the agricultural and industrial workers; and one (1) from disabled persons.
Article 2. TERM OF OFFICE. The term of office of all elective provincial officials shall be three (3) years. No such elective provincial official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which the elective official concerned was elected. The ex-officio members in the Sangguniang Panlalawigan shall serve as such only during their term of office as presidents in their respective provincial federations, which in no case shall be beyond the term of office of the Sangguniang Panlalawigan.
Article 3. OATH OR AFFIRMATION. The members shall take their oath or affirmation, collectively or individually, before they enter into the discharge of their duties.
THE PRESIDING OFFICER
Article 4. The Presiding Officer. The Provincial Vice-Governor shall be the Presiding Officer of the Sangguniang Panlalawigan, who shall vote only to break a tie. In the event of inability of the Provincial Vice Governor to preside at a session of the Sangguniang Panlalawigan, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer who shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the Sangguniang Panlalawigan in the sessions over which he temporarily presided. For purposes of the election of a temporary presiding officer as envisioned above, the Majority Leader shall preside and accept nominees for the temporary presiding officer. The Majority Leader shall not call the session to order until after thirty (30) minutes from the time the session is to commence shall have elapsed.
Article 5. Duties and Powers. In addition to the duties and powers prescribed by law, the Presiding Officer shall:
Article 6. Appointment. The Secretary to the Sangguniang Panlalawigan shall be appointed by the Provincial Vice-Governor, with the concurrence of the majority of the members of the Sangguniang Panlalawigan.
Article 7. Duties and Powers. In addition to the duties and powers provided by law, the Secretary shall:
Article 8. Supervising Power. Subject to the supervision of the Presiding Officer, the Secretary shall be the immediate chief of the personnel of the Sangguniang Panlalawigan, except those who belong to the immediate staff of the members of the Sangguniang Panlalawigan who shall be under the immediate supervision of the latter. The Secretary shall be responsible for the faithful and proper performance of the official duties of the personnel under his immediate supervision.
THE MAJORITY LEADER
Article 9. Election. The Majority Leader shall be elected from among the members of the Sangguniang Panlalawigan by the majority group which has been organized for that purpose, the having the most number of members among other groups in the Sangguniang Panlalawigan and having been bound by common cause, belief and principle to act as the majority.
Article 10. Duties and Powers. The Majority Leader shall:
Article 11. The Assistant Majority Leader. In the absence of the Majority Leader, the Assistant Majority Leader shall assume the position of the Majority Leader in acting capacity for the duration of such absence. He shall enjoy the powers and privileges appurtenant thereto.
Article 12. Minority Leader. The minority group in the Sangguniang Panlalawigan shall elect from among themselves a Minority Leader who shall represent them in the floor deliberations. He shall be a member in all-standing committees with the power to vote.
Article 13. Chairmanship in Standing Committees. The Majority Leader and the Minority Leader shall not be entitled to any committee chairmanship except the former who shall be the ex-officio chairman of the Committee on Rules and Ethics.
Article 14. Appointment. The Sergeant-at-Arms shall be appointed by the Provincial Vice Governor, subject to the concurrence of the majority of the members of the Sangguniang Panlalawigan, and shall hold office until his successor shall have been appointed in the manner therein provided. Any vacancy in the office shall be filled in the same manner.
Article 15. Duties and Powers. The Sergeant-at-Arms shall:
Article 16. The Mace. The mace shall be the symbol of authority of the Sangguniang Panlalawigan and shall be displayed at the Presiding Officer’s rostrum when the Sangguniang Panlalawigan is in session.
The mace shall serve as the warrant for the Sergeant-at-Arms in enforcing order in the Sangguniang Panlalawigan.
Article 17. Standing Committees. The Sangguniang Panlalawigan shall have the following standing committees organized on the basis of proportional representation of the majority and the minority, the membership and general jurisdiction of which shall be hereinafter stated:
Article 18. Referral to Committees. Whenever a measure covers subject matter falling within the jurisdiction of more than one committee, the measure shall be referred to the committee within whose jurisdiction the principal subject matter falls as determined by the Majority Floor Leader; provided, however, that the committee which acquires original jurisdiction on any measure shall be mainly responsible for submitting a report to the Sangguniang Panlalalwigan. When the measure is referred to two or more committees, the said committees may submit a joint or separate report thereon.
Article 19. Members, Officers, Election. Each standing committee shall be composed of chairman, vice-chairman, and three (3) members, elected by the Sangguniang Panlalawigan upon the nomination by the Majority Leader, except for the third who shall be nominated by the Minority Leader. Both the Majority and Minority Leaders, except the former who shall be the ex-officio chairman of the Committee on Rules and Ethics, shall be members of all standing committees.
Every member is entitled to be a member of as many standing committees; provided, that, as far as practicable, all members shall have an equitable distribution of membership in the standing committees.
Any member who is the author of a proposed measure, ordinance or resolution referred to committee, shall be considered as member of the committee insofar as the consideration of said proposed ordinance or resolution is covered.
Article 20. Limitations. (a) No representative or proxy of any member of a committee shall be allowed to participate or vote in any committee hearings or deliberation, unless otherwise provided in the Rules of Procedure.
(b) No member of a committee shall vote in any matter regarding which he has substantial pecuniary or filial interest, whether direct or indirect.
(c) A member of a committee who voted in favor of the committee report is deemed barred and estopped from speaking, abstaining or voting against such report, and his vote shall automatically be counted in favor therewith.
Article 21. Special Committees. The Sangguniang Panlalawigan may organize or create special committees from time to time for special purposes. The officers and members shall be elected in the same manner as those of the standing committees. Such special committees shall cease to exist as soon as the Sangguniang Panlalawigan shall have accepted their reports.
Article 22. Place and Time of Meeting. Committee meetings, conferences, or hearings shall be held at the session hall or, whenever necessary, in any of the offices within the Provincial Capitol. They may, however, be held in any other place when so agreed by the majority of all its members.
The committee shall meet from time to time, as is necessary, to act on any matter referred to it for appropriate action upon the call of the chairman or by the majority of the members thereof, with due notice including the agenda of the meeting, being served upon each member at least twenty four (24) hours before such meetings.
Article 23. Quorum. A majority of all the members of the committee shall constitute a quorum to transact its business.
Article 24. Procedure. The committee shall, as far as practicable, adopt as its own procedure in committee deliberations, the internal rules of procedure of the Sangguniang Panlalawigan.
Article 25. Subcommittees. The Sangguniang Panlalawigan through the Majority Floor Leader and in consultation with the committee concerned may create subcommittees for specific purposes and delegate to the latter such functions as may be necessary.
Article 26. Committee Reports. Within fifteen (15) working days from receipt by the committee of any matter referred to them for action, and after final deliberation and voting, the committee shall prepare for submission to the Sangguniang Panlalalwigan a written report to be signed by the chairman and majority of all the members thereof.
The committee reports must be in writing.
In case of failure of a committee concerned to submit such report within the said period of fifteen (15) days, a majority of all the members of the Sangguniang Panlalawigan, upon proper motion made and duly seconded, discharge the concerned committee, and the proposed matter shall be re-submitted to the whole body for deliberation and disposition.
The following committees are the authorized to submit at any time their reports of any matter within their jurisdiction: Rules and Ethics; Laws, Human Rights and Public Accountability; and Finance, Budget and Apropriations.
Article 27. Unexplained Absences. Unexplained absences in four (4) consecutive committee meetings may be a ground for disciplinary action against such absentee-member.
Article 28. Regular Sessions. The regular session of the Sangguniang Panlalawigan shall be held once a week to commence at 9:00 o’clock in the morning every Friday and alternately at 9:00 o’clock in the morning of every following Monday of the month at the Sangguniang Panlalawigan Session at the Provincial Capitol, or such time and place in the Province of Northern Samar as may be determined by the majority of all the members of the Sangguniang Panlalawigan in the immediately preceding session.
Article 29. Special Session. As often as necessary, when public interest so demands, special sessions may be called by the Provincial Governor and the majority of the Sangguniang Panlalawigan. The Vice Governor may on pressing or urgent matters of vital interest to the province call a special session subject to the confirmation of the majority of all the members present constituting a quorum and such shall be deemed as a call by the majority of all the members.
In special sessions, a written notice to the Sangguniang Panlalalwigan members stating the date, time, place and purpose of the session shall be served personally or left with a member of the household of the member at his usual place of residence at least twenty four (24) hours before the special session is held. 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.
Article 30. Call to Order. The Presiding Officer shall open the session by calling the Sangguniang Panlalawigan to order.
Article 31. Attendance in Sessions. Every member shall be present in all the sessions of the Sangguniang Panlalawigan from their commencement up to the end unless necessarily prevented from doing so by sickness or other unavoidable circumstances duly reported to the Sangguniang Panlalawigan through the Secretary.
Article 32. Voting. Every member present in the session shall vote on every question put unless he inhibits himself on account of personal or pecuniary interest therein.
Article 33. Sessions Open to the Public. The sessions shall be open to the public unless an executive or closed-door session is ordered by an affirmative vote of the majority of the members present, there being a quorum, in the public interest or for reason of security, decency or morality.
Article 34. Executive or Closed-Door Sessions. When the Sangguniang Panlalawigan decides to hold an executive or closed-door session, the Presiding Officer shall direct the galleries and hallways to be cleared by the public and the doors closed. Only the Secretary, the Sergeant-at-Arms and other persons specifically authorized by the Presiding Officer or by the Sangguniang Panlalawigan shall be admitted to such executive or closed-door session. They shall preserve the secrecy of whatever may be read at the session.
Article 35. Confidential Documents. When, by request of the Sangguniang Panlalawigan, confidential documents or papers marked as such are transmitted to it by the Provincial Governor or a head of department and require consideration in an executive session, their existence and contents shall not be revealed without leave of the Sangguniang Panlalawigan.
Article 36. Suspension and Adjournment of Sessions. Session shall not be adjourned except by direction of the Sangguniang Panlalawigan, upon motion of the Majority Floor Leader, but the Presiding Officer may, in his discretion, declare at any time a suspension or recess of not exceeding fifteen (15) minutes.
Article 37. Opening and Adjournment Entered in Journal. The exact hour of the opening and adjournment of a session shall be entered in the journal.
ROLL CALL AND QUORUM
Article 38. Roll Call. Upon every roll call, the names of the members shall be called by their surnames, except when two or more have the same surname, in which case, the full name shall be called. If there are two members with the same name and surname, their district or constituency shall be added.
Article 39. Quorum. A majority of all the members of the Sangguniang Panlalawigan 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 direct the Secretary to call the roll of the members and shall thereafter announce the results.
Article 40. Absence of Quorum. When there is no quorum, the Presiding Officer may declare a recess until such time 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 Sangguniang Panlalawigan, to be assisted by the Sergeant-at-Arms and a member or members of the police force assigned in the territorial jurisdiction of the province of Northern Samar, to arrest the absent member and present him at the session.
After the presence of the members arrested is secured at the session hall, the Presiding Officer shall determine the condition for their discharge. Members who voluntarily appear shall be admitted immediately to the session hall. They shall report to the Secretary to have their presence recorded.
If there is still no quorum despite the enforcement of the immediately preceding paragraphs, no business shall be transacted. The Presiding Officer, upon motion duly approved by the majority of the members present, shall then declare adjourned for lack of quorum.
Article 41. Automatic Call. When the result of the voting on a question shows the absence of a quorum and a member calls the attention of the Sangguniang Panlalawigan to this fact, there shall be a call of the Sangguniang Panlalawigan to compel the attendance of absent members who shall be given the opportunity to vote unless it adjourns.
If those voting on a question and those who are present but abstained from voting shall together make a majority of the Sangguniang Panlalawigan., the Presiding Officer shall declare that a quorum is constituted, and the pending question shall be revolved as the majority of those voting shall decide.
ORDER OF BUSINESS AND AGENDA
Article 42. Order of Business. The order of business of the Sangguniang Panlalawigan shall be:
Article 43. Urgent Matters. With the concurrence of the majority of those present, urgent matters involving public interest, public security and public welfare, shall be included in the order of business by the Majority Floor Leader.
CALENDAR OF BUSINESS
Article 44. Parts of the Calendar of Business. The calendar of business shall consist of:
Article 45. Distribution of the Agenda. The agenda shall be distributed to the members at least twenty four (24) hours preceding the next session.
Article 46. Privilege Hour. Upon registration of the Majority Leader and after the reading of the calendar of business, any member may speak on any matter of general interest for not more than twenty (20) minutes. If more than one (1) member so desires to make use of this privilege, the first to apply, either in writing to the office of the Majority Leader, or verbally in open session, shall be given precedence, and so on, successively but they only be allowed to speak for not more than ten (10) minutes each. Any member exceeding the time allotted for the privilege speech may request the Sangguniang Panlalawigan for extension of time.
APPEARANCE OF HEADS OF DEPARTMENTS OR OFFICES
Article 47. Appearance Upon Initiative of Department or Office Head. When a department or office head desires to appear before the Sangguniang Panlalawigan on any matter pertaining to his department or office, he may, with the consent of the Provincial Governor, notify the Sangguniang Panlalawigan in writing through the Presiding Officer who, with the concurrence of the Sangguniang Panlalawigan, may set the date and hour for the appearance.
Article 48. Appearance Upon Initiative of the Sangguniang Panlalawigan. A department or office head may be asked to appear before the Sangguniang Panlalawigan and be heard by it on any matter pertaining to his department or office. The request shall specify the date and hour for his appearance which shall be set by the Sangguniang Panlalawigan.
Article 49. Question and Answer. The questions and answers shall be recorded in the journal by the Secretary. Any member desiring to question the department or office head shall first register with the Majority Leader, and they shall be called in the order of precedence. Unless extended by the Sangguniang Panlalawigan, the appearance of the department or office heads shall not exceed one (1) hour for each time.
ORDINANCES AND RESOLUTIONS
Article 50. Ordinances and Resolutions. Proposed ordinances and resolutions shall be signed by their author or authors and filed with the Secretary who shall assign to each a number in the order of their filing and transmit the same to the Majority Leader for inclusion in the agenda. A proposed ordinance or resolution shall embrace only one subject, which shall be expressed in the title thereof.
Article 51. First Reading. The Secretary shall report all proposed ordinances and resolutions to the Sangguniang Panlalawigan, through the Majority Leader, at the next session following receipt thereof. During the first reading, the principal author may propose the inclusion of additional authors.
Article 52. Referral to Committee. The first reading shall only be by number and title, followed by referral to the appropriate committee.
Article 53. Consolidation and Substitution. A consolidated or substituted proposed ordinance or resolution by a committee shall have as authors all those of the original proposed ordinances and/or resolutions in the order in which their names appear in the latter and according to their dates of filing.
Article 54. Period to Report. The committee shall submit a report on the proposed ordinances and resolutions within fifteen (15) working days after it was referred to it, except as herein otherwise provided.
Article 55. Proposed Ordinances and Resolutions Favorably Reported. If the committee report on a proposed ordinance and resolution is favorable, it shall immediately forwarded to the Secretary for recording and thereafter to the Majority Floor Leader for inclusion in the agenda for second reading.
Article 56. Proposed Ordinances and Resolutions Unfavorably Reported. If the committee reports on a proposed resolution or ordinance is unfavorable, such proposed ordinance or resolution shall be laid on the table. The author or authors shall be notified within ten (10) days of the action taken, stating the reason or reasons thereof.
Article 57. Discharge of Committee of Proposed Ordinances and Resolutions Not Reported. A member of the Sangguniang Panlalawigan may present to the Secretary a motion in writing to discharge a committee from the consideration of a proposed ordinance or resolution which has been referred to it over fifteen (15) working days prior thereto and has not been returned to the Sangguniang Panlalawigan. The motion may be placed in the custody of the Secretary who shall arrange some convenient place for the signature of the members. A signature may be withdrawn by a member in writing at any time before the motion is entered in the journal. When one-fifth of all the members sign the motion, it shall be included in the calendar and reported at the next following session of the Sangguniang Panlalawigan.
Article 58. Consideration of Motion to Discharge. After the privilege hour, if any member who has signed a motion to discharge may demand the consideration thereof. After not more than thirty minutes debate, the Sangguniang Panlalawigan shall proceed to vote on the motion. If the motion is adopted, a motion shall be in order to proceed to the immediate consideration of such proposed ordinance or resolution; and if such motion prevails, the proposed ordinance or resolution shall be considered immediately. After a motion to discharge is lost, it shall not be in order to entertain during the same month any other motion to discharge the same committee or any other committee from the consideration of the same proposed ordinance or resolution or any other proposed ordinance and resolution of substantially the same subject matter. After the Sangguniang Panlalawigan acts on the motion to discharge, all other motion to discharge dealing on proposed ordinances and resolutions of similar subject matter which are pending in the calendar of business shall be stricken therefrom and shall not be acted during the remainder of the month.
Article 59. Urgent Proposed Ordinance and Resolution. On motion by the Committee on Rules and Ethics, the Sangguniang Panlalawigan may declare as urgent a proposed ordinance or resolution and consider it in accordance with the timetable. The timetable shall be prepared by the Committee on Rules and Ethics 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 for the consideration of the proposed ordinance or resolution on second reading, and the date and hour at which debate must be concluded and final vote taken.
Article 60. Second Reading and Debate. On second reading of a proposed ordinance or resolution, it shall be read in full with the amendments proposed by the committee, if any, unless copies thereof are distributed and such reading is dispensed with. Thereafter, the pertinent motions.
No proposed ordinance or resolution shall be considered on second reading unless, it has been reported out by the proper committee to which it was referred, or certified to as urgent by the Provincial Governor as included in the agenda by the Majority Floor Leader.
Article 61. Motion to Close Debate. In the discussion of any measures, a motion to close debate shall be in order after three (3) speeches for and two (2) against, or after only one speech for and none entered against. Speeches for or against the measure shall be limited to fifteen (15) minutes each. When several members have registered or signified their intention to speak on the matter under the consideration and when said matter has been sufficiently and thoroughly discussed by the member speaking, the Presiding Officer, upon motion by any member, order that a member having the floor shall desist from speaking further so that other members may not be deprived of their opportunity to speak.
Article 62. Amendments. After the close of debate, the Sangguniang Panlalawigan shall proceed to the consideration of the committee amendments subject to the five-minute rule. A member who desires to speak against an amendment shall also have five minutes. The five-minute rule shall apply, likewise, in the consideration of an amendment to an amendment, or of an amendment by substitution.
Article 63. Approval on Second Reading. After the amendments are acted upon, the proposed ordinance or resolution shall be voted on the second reading. In the case of a resolution, it shall immediately proceed for final voting with the “yeas” and “nays” entered in the journal without need of a separate third reading.
Article 64. Third Reading. A proposed ordinance approved on the second reading shall be included in the calendar or proposed ordinances for third reading.
No ordinance shall be approved unless it has been passed three readings on separate days, and copies thereof in its final form have been distributed to the members at least two (2) days before its passage, except when the Provincial Governor or the Sangguniang Panlalawigan certifies the necessity of its immediate enactment to meet a public necessity, emergency or calamity.
Upon the third reading of an ordinance, no debate and amendment thereto shall be allowed, and the votes thereon shall be taken immediately, and the “yeas” and “nays” shall be entered in the journal.
Article 65. Vote Requirement. Unless otherwise provided herein or by law, ordinance or resolution passed by the Sangguniang Panlalawigan shall require only a majority of the members present constituting a quorum.
Article 66. Action on Approved Ordinances and Resolutions. Ordinances approved on third reading and resolution adopted shall be prepared in proper form by the Secretary and transmitted to the Presiding Officer with the attestation and the seal of the Sangguniang Panlalawigan within seven (7) days after such enactment or adoption. The Presiding Officer shall authenticate and sign such approved ordinances and resolutions, and cause the transmittal by the Secretary of the same to the Provincial Governor within two (2) days from receipt thereof.
Article 67. Action by the Provincial Governor. Every ordinance enacted by the Sangguniang Panlalawigan shall be presented to the provincial Governor. If the Governor approves the same, he shall affix his signature on each and every page thereof, otherwise, he shall veto it and return the same within ten (10) days from the receipt thereof from the Presiding Officer with his objection to the Sangguniang Panlalawigan, which may proceed to reconsider the same. The Presiding Officer shall within five (5) days from the receipt of the vetoed ordinance return the same to the Sangguniang Panlalawigan which may override the veto of the Governor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes. The veto shall be communicate by the Governor to the Sangguniang Panlalawigan within ten (10) days, otherwise, after the lapse of the said period, the ordinance shall be deemed approved as if he has signed it. The Governor may veto an ordinance only once.
Article 68. Enforcement of Disapproved Ordinance or Resolution. Any attempt to enforce any ordinance or resolution after the disapproval of the same, shall be sufficient ground for the suspension or dismissal of the official or employees concerned.
Article 69. Effectivity of Ordinances and Resolutions. Unless otherwise stated in the ordinance or resolution, the same shall take effect after ten (10) days from the date a copy thereof is posted once by the Secretary in a bulletin board at the Provincial Capitol, and in at least two (2) conspicuous places thereof, not later than five (5) days after approval thereof. The text of the ordinance or resolution shall be disseminated and posted in English accompanied by its accurate translation in Waray language, unless otherwise provided by the Sangguniang Panlalawigan. The Secretary shall record such fact in a book kept for the purpose, stating the date of approval and posting.
MESSAGES, MEMORIALS AND PETITIONS
Article 70. Messages. Messages from the President of the Philippines, Secretary of the Department of Interior and Local Government, and the Provincial Governor shall be read in full before the Sangguniang Panlalawigan and those which recommendations are made may be referred to the proper committee in accordance with the foregoing rules.
Article 71. Memorials and Petitions. Communications from heads of departments and officers, memorials and petitions shall be reported to the Sangguniang Panlalawigan, and, if necessary, referred to the appropriate committee in accordance with the foregoing rules.
REVIEW OF MUNICIPAL ORDINANCES
Article 72. Action by the Sangguniang Panlalawigan. Within thirty (30) days from receipt by the Sangguniang Panlalawigan of enacted municipal ordinances, it shall cause the review thereof as to whether the aid ordinance is consistent with law and provincial ordinances. If the Sangguniang Panlalawigan finds the municipal ordinance inconsistent with law or provincial ordinances, the Sangguniang Panlalawigan shall within thirty (30) days from receipt thereof, return the same with its comments and recommendation to the Sangguniang Bayan concerned for adjustments, amendment or modification in which case the effectivity of the municipal ordinance is suspended until such time as the revision called for is effected.
Article 73. Referral to Committees. Upon receipt by the Secretary of a copy of the municipal ordinance transmitted through him for review by the Sangguniang Panlalawigan, he shall immediately record the same in a book kept for that purpose and endorse the same to the Majority Leader who must include the same in the calendar of the next immediately following session for first reading, whereby its number, title and municipality of origin shall be read. After the first reading, the Presiding Officer, upon recommendation by the Majority Leader, shall refer the said municipal ordinance to proper committee or committees for appropriate review and recommendation.
Article 74. Committee Report. The committee shall submit a written report on the municipal ordinance within fifteen (15) working days after it was referred to it, except as herein otherwise provided. The committee report shall immediately be forwarded to the Secretary for recording and thereafter to the Majority Floor Leader for inclusion in the agenda for second reading.
Article 75. Urgent Municipal Ordinance. On motion by the Committee on Rules and Ethics, the Sangguniang Panlalawigan may declare urgent a municipal ordinance and consider it in accordance with a timetable, which shall be prepared in accordance with Article 59, Rule XIII, hereof.
Article 76. Second Reading and Debate. On second reading of a municipal ordinance under review, it shall be reads in full together with the report and recommendation of the committee concerned, if any, unless copies thereof are distributed and such reading is dispensed with. Thereafter, the committee report and recommendation shall be subject to debate and pertinent motions.
Article 77. Motion to Close the Debate. In the discussion of the committee report and recommendation, a motion to close the debate shall be in order after three (3) speeches for and two against, or after only one (1) speech for and one entered against. Speeches for or against the committee report and recommendation shall be limited to fifteen (15) minutes each. 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 discusses by the member speaking, the Presiding Officer, upon motion by any member, order that a member having the floor shall desist from speaking further so that other members may not be deprived of their opportunity to speak.
Article 78. Amendments. After the close of debate, the Sangguniang Panlalawigan shall proceed to the consideration of the committee report and recommendations. Any member may introduce an amendment to the committee report and recommendations subject to the five-minute rule. A member who desires to speak against an amendment shall also have five minutes. The five-minute rule shall likewise apply in the consideration of an amendment, to an amendment, or of an amendment by substitution.
Article 79. Approval on Second Reading. After the amendments are acted upon, the committee report and recommendations on a municipal ordinance shall be voted on the second reading.
Article 80. Third Reading. The committee report and recommendations on a municipal ordinance approved on the second reading shall be included in the calendar of business for third reading. No such report and recommendation shall be approved unless it has passed three readings on separate days, and copies thereof in its final form have been distributed to the members at least two (2) days before its passage, except when the Provincial Governor or the Sangguniang Panlalawigan certifies the necessity of its immediately enactment to meet public necessity, emergency or calamity.
Upon the third reading of a committee report and recommendation, no debate and amendment thereto shall be allowed, and the votes thereon shall be taken immediately and the “yeas” and “nays” shall be entered in the journal.
Article 81. Disapproval of a Committee Report and Recommendation. (a) When a committee report and recommendation is not for the approval of the municipal ordinance and the same is overruled by the Sangguniang Panlalawigan, the municipal ordinance is deemed disapproved.
(b) When a committee report and recommendation is for the disapproval, disallowance or remanding of the municipal ordinance, and the same is overruled or reversed by the Sangguniang Panlalawigan, the municipal ordinance is deemed approved by the Sangguniang Panlalawigan.
(c) In both cases, the Sangguniang Bayan concerned shall be notified of the action taken by the Sangguniang Panlalawigan.
Article 82. Municipal Budgets. The Sangguniang Panlalawigan, notwithstanding the provisions of the foregoing articles, shall have ninety (90) days to review municipal ordinances enacting the municipal annual or supplemental budgets.
Article 83. Inaction by the Sangguniang Panlalawigan. Failure of the Sangguniang Panlalawigan to act on the municipal ordinance within the periods stated in Articles 72 and 82 hereof, shall make such ordinance effective for all legal intents and purposes.
DECORUM AND DEBATE
Article 84. Manner of Addressing the Chair. When a member desires to speak, he shall and respectfully address the chair: “Mr. Presiding Officer” or “Mr. Chairman”.
Article 85. Recognition of a Member. When two or more members rise at the same time, the Presiding Officer shall recognize the first member to rise who is to speak first.
Article 86. Manner of Addressing a Member. In referring to members, they shall always be referred to by his/her official title or as “the gentleman” (or lady) from (indicating the municipality of residence)” or “the previous speaker”.
Article 87. Time Limit. No member shall speak for more than fifteen (15) minutes in debate or nay question nor for more than once in any question without leave of the Sangguniang Panlalawigan, except as herein provided. The period of interpellation shall not be counted against the time of the member speaking, but not single member may interpellate a speaker for more than five (5) minutes.
Article 88. Sponsor to Open and Close the Debate. A member reporting a measure may open and close the debate. If the debate extends beyond one day without the debate being closed, he shall be entitled to an additional fifteen (15) minutes to close.
Article 89. Decorum. The member who has the floor shall confine himself to the question under debate, avoiding personalities in all cases. He shall refrain from indecorous words or acts. If a member is called to order by another for words spoken in debate, the latter shall indicate the words excepted to. The Secretary shall note and read alound said words. However, the member called to order shall not be held to answer not e subject to censure by the Sangguniang Panlalawigan if further debate or other business intervenes.
Article 90. Conduct During Session. During regular sessions, the members shall be in proper attire, which is Barong Tagalog or formal business suit for male members, and formal attire for female members. However, during special sessions, the members may wear semi-formal attire; the members shall always observe proper decorum; no member shall be near Secretary’s desk during the roll call or the counting of votes; no member shall pass between the chair and another member who has the floor; and while the Presiding Officer is addressing the Sangguniang Panlalawigan or putting a question, no member shall walk out from or cross the session hall.
Article 91. Smoking and Drinking of Liquor PROHIBITED. Smoking and drinking of liquor is prohibited within the session hall.
Article 92. Disorderly Behavior and Absences. The Sangguniang Panlalawigan may punish its members committing disorderly behavior and absences without justifiable cause for four (4) consecutive sessions who may be censured, reprimanded, excluded from the session, suspended for not more than sixty (60) days, or expelled; provided, that the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sangguniang Panlalawigan members; provided further, that any of the aforementioned penalties may not be imposed by the Sangguniang Panlalawigan without the recommendation for its imposition by the Committee on Rules and Ethics duly concurred by at least three (3) members thereof after giving the respondent the opportunity to be heard; provided, finally, that a member convicted by a final judgment of imprisonment of at least one (1) year for any crime involving moral turpitude shall automatically be expelled from the Sangguniang Panlalawigan.
Article 93. Violation of Proper Attire, Smoking and Drinking Regulations. The above-mentioned disciplinary measures shall likewise be applicable to members who shall fail to wear the proper attire during the sessions, and for violations of no smoking and drinking of liquor regulations at the session hall. Without prejudice to the above provisions, and in addition, the Presiding Officer, upon motion of a member, shall direct the Sergeant-at-Arms to escort the violating member out of the session hall until his compliance of the subject regulations.
Article 94. Manner of Voting. The Presiding Officer shall rise to put a question, saying “As many as are in favor of (as the question may be) say “Ayes”. After the affirmative vote is counted, “As many as opposed, say “Nay”. If he doubts the outcome or a division is called for, the Sangguniang Panlalawigan shall be divided. Those infavor shall first rise and then those against. If he still doubts or a count by tellers is demanded, he shall name one from each side of the question to count the members in the affirmative and the negative. After the count is reported, the Presiding Officer shall rise and announce the result. An abstention shall not be counted as a vote. Unless otherwise provided by the Constitution, laws or by these rules, a majority of those voting, a quorum being present, shall decide the issue.
Article 95. Nominal Voting. The “yeas” and “nays” on any question upon motion of any member shall be entered in the journal.
Article 96. Second Call on Nominal Voting. After the members have voted “yeas” and “nays” in nominal voting, the Secretary shall call in alphabetical order the names of those who did not vote so that they may vote. After the second call, no member shall be allowed to vote.
Article 97. Explanation of Vote. A member may explain his vote in not more than five minutes.
Article 98. No Interruption During Voting. The voting shall not be interrupted except on a question of quorum.
Article 99. The Vote. In case of a tie, the Presiding Officer shall vote. A tie on an appeal from the ruling of the Chair sustains the decision of the Chair.
Article 100. Who May Vote; Procedure; Exception. When and ordinance, resolution, report or motion is adopted or lost, a member who voted with the majority may move for its reconsideration on the same or succeeding session. The motion shall take precedence over all questions, except a motion to adjourn; a question, except a motion to adjourn; a question of privilege; and a point of order.
Article 101. Limitation. No ordinance, resolution, memorial or petition recommitted to a committee or ordered to be printed shall be brought back to the Sangguniang Panlalawigan on a motion to reconsider.
MOTIONS AND THEIR PRECEDENCE
Article 102. Recording a Motion. Every motion shall be entered in the journal with the name of the member making it unless it is withdrawn on the same day.
Article 103. Reading and Withdrawal of Motions. The Presiding Officer shall state the motion or, if in writing shall cause it to be read by the Secretary before being debated. A motion may be withdrawn at any time before its approval.
Article 104. Precedence of Motions. When any matter 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 day certain (which motions shall be decided without debate), or to refer, amend or postpone indefinitely (which motion shall be decided subject to the five-minute rule). When said motion to postpone to any day certain, refer or postpone indefinitely is lost, it shall not be allowed on the same day.
Article 105. Amendments. (a) When any matter is under consideration, a motion to amend and a further motion to amend the mandatory motion shall be in order. It shall also be in order to move for amendment by substitution, but said motion shall not be voted upon until the text of the original matter is perfected. Any of said amendments may be withdrawn before a vote is had thereon.
(b) No motion or proposition on a subject matter different from that under consideration shall be allowed under the guise of amendment.
(c) No motion shall cover more than one subject matter.
(d) A motion to strike and insert is indivisible. The loss of a pure motion to strike shall not preclude an amendment or a motion to strike and insert.
(e) Amendments to the title of an ordinance, resolutions and/or measures shall be in order only after the text thereof has been perfected. Amendment to the title shall be decided without debate.
Article 106. Vote on Paper Objected To. A motion to read a paper other than that which the Sangguniang Panlalawigan is called to vote upon shall be voted without debate.
Article 107. Point of Order; Precedence. A motion to read any part of these rules is equivalent to a point of order and takes precedence over any motion other than to adjourn.
QUESTIONS OF PRIVILEGE
Article 108. Definition. “Questions of privilege” are those affecting the duties, conduct, right, privileges, dignity, integrity or reputation of the Sangguniang Panlalawigan or of its members, collectively or individually.
Article 109. Precedence. Subject to the ten-minute rule, questions of privilege shall have precedence over all other questions except a motion to adjourn and a point of order.
Article 110. Definition and Precedence. A “privileged motion” pertains to a subject matter, which under these rules takes precedence over others. The order of precedence of privileged motion is determined in each case by these rules.
SUSPENSION OF THE RULES
Article 111. Who Can Move. Only the Majority Floor leader, or, in his absence, the Assistant Majority Floor Leader, can move for the suspension of the Rules.
Article 112. Vote Required. No rule shall be suspended except by a vote of two-thirds of the member present constituting a quorum.
Article 113. Interruption of Motion. When a motion to suspend the rules is pending, the motion to adjourn may be entertained. If the latter is lost, no similar motion shall be entertained until the vote is taken on the motion to suspend.
Article 114. Debate; Effect of Suspension. A motion to suspend the rules for the passage of the measure may be debated for thirty minutes, which shall be divided equally between those in favor and those against. If the Sangguniang Panlalawigan votes to suspend the rules, it shall forthwith proceed to consider the measure. A two-third vote of the members present constituting a quorum shall be necessary for the passage of said measure.
Article 115. Use of Session Hall. The session hall shall be used only for sessions, caucus, and meetings of the members, except when the Sangguniang Panlalawigan directs otherwise.
Article 116. Space Reserved for Members. The space set aside in the session hall for members and personnel of the Sangguniang Panlalawigan needed therein while the Sangguniang Panlalawigan is in session hall be reserved exclusively for them. The sergeant-at-Arms shall not permit any other person to enter or stay within the said space. Fifteen (15) minutes before the session, the Sergeant-at-Arms shall clear said space of all other persons, and it shall be no kept until recess or adjournment. This section shall not be suspended, except with respect to a consultant or a technical assistant needed by the reporting committee or by the movant of a motion under consideration.
SEATS AND ROOMS
Article 117. Assignment and Rooms. Except those assigned to the Presiding Officer, the Majority Floor Leader and the Minority Floor Leader, seats in the session hall shall be alphabetically and the rooms, if any, in the Provincial Capitol shall be assigned by lot among the members.
Article 118. Official Seal. The Sangguniang Panlalawigan shall adopt its own official seal.
RULINGS AS PRECEDENTS
Article 119. Rulings as Precedents. Rulings on questions raised by the members shall form part of the parliamentary practice of the Sangguniang Panlalawigan.
Article 120. Amendments. Any portion of these rules, except as provided for by the Constitution and the laws, may be amended by a two-thirds vote of all the members.
Article 121. Suppletory Provisions. The following be suppletory to these Rules.
Article 122. Effectivity. These Rules shall take effect upon its approval by the Sangguniang Panlalawigan.
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