Internal Rules and Procedures

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Republic of the Philippines

Province of Davao Del Norte


City of TAGUM
BARANGGAY MANKILAM

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGUNIANG


BARANGGAY OF MANKILAM, TAGUM CITY HELD AT THE ___ OF BARANGGAY
MANKILAM, TAGUM CITY DAVAO DEL NORTE ON NOVEMBER 27, 2023.

Present:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Absent:

BARANGAY RESOLUTION NO. __, SERIES OF 2023

IPMR A RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OF THE


SANGGUNIANG BARANGAY OF MANKILAM, TAGUM CITY, DAVAO DEL NORTE

WHEREAS, the Internal Rules of Procedure is underscored in the Local Government


Code of 1991 (RA 7160), mandating the Legislative Body to adopt and to update any existing
Internal Rules of Procedure with in Ninety (90) days of the first session following the election of
its members since the legislative instrument is useful and beneficial in ensuring orderly sessions
and in furthering a quality legislation;

WHEREAS, in the absence of a set of Internal Rules of PrOcedure, there would be


ungovernable, disconcerted, and perplexed conduct of sessions, meetings and delineation of
functions;

WHEREAS, it is imperative for a legislative body to observe norms and guidelines in


order to democratically and systematically facilitate discussion and conduct of business.

NOW THEREFORE, on motion of ________________ jointly seconded by


_______________________________________, be it;
RESOLVED AT IT IS HEREBY RESOLVED, to adopt the Internal Rules of Procedures
of the Sangguniang Barangay of Mankilam, Tagum City, Davao del Norte;

RESOLVED FURTHER, that the new set of Internal Rules of Procedure (House Rules)
of the Sangguniang Barangay of Mankilam, Tagum City, be as follows:

RULE 1

COMPOSITION

Section 1. The Sangguniang Barangay of Mankilam shall be composed of the Barangay


Chairman as the presiding officer, seven (7) Barangay Kagawads elected at large, Chairman of
the Sangguniang Kabataan of the Barangay and the IPMR.

RULE 2

POWER, DUTIES AND FUNCTIONS OF THE SANGGUNIAN

Section 1. The powers, duties and functions of the Sangguniang Barangay shall be as provided
for under Rule XVIl of the Rules and Regulations Implementing the Local Government Code of
1991.

RULE 3

DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS

Section 1. Every member of this Sanggunian shall attend all sessions of this sanggunian unless
he is prevented from doing so by reason of sickness or other unavoidable circumstances or on
provided that as a general rule, previous notice shall be sent to Sanggunian thru the presiding
officer or secretary.

RULE 4

OFFICERS

Section 1. The Barangay Chairman shall be the Presiding Officer of the Sanggunian who shall
be addressed to as HON. CHAIRMAN or MR. CHAIRMAN. He shall have the following rights
and duties;

a. To preside over the sessions df the sanggunian


b. To observe including all members present during the sessions of deportment or
decorum
c. To enforce the Internal Rules of Procedures of this Sanggunian
d. To maintain order during sessions and render a ruling on question of order,
subject to appeal by the member concerned to the body for final decision
e. To declare recess during sessions anytime he deems it necessary provided that
the duration of the recess is not more than Ten (10) minutes
f. To sign all legislative documents, papers, and checks requiring his signature
g. To declare the session adjourned to some other date, time, and place in cases of
extreme emergencies, serious and uncontrolled disorder, public disturbances
and other unavoidable circumstances
h. To make brief remarks, comments or clarificatory questions on any measure
pending deliberation by the Body, provided that he shall not express himself
either for or against the said measure or question
i. To vote but only to break a tie. Hence, he cannot vote in order to create a tie. His
right to vote to break a tie is not compulsory. He may or may not exercise it.
j. To relinquish the Chair to the Presiding Officer or in the latter's absence to any
member of the Sanggunian who shall act as "temporary presiding officer" but
only if he is going out of the Session Hall for whatever reason.

Section 2. Presiding officer Pro-Tempore and Temporary Presiding Officer

To give recognition and prestige to the position, the Senior Sangguniang Barangay
Councilor being the second ranking official of the barangay shall automatically become the
presiding officer Pro-Tempore who shall assume the duties, functions and responsibilities of the
presiding officer in the event of sickness, absence, suspension, expulsion due to legal
pronouncement and temporary incapacity.

a. In the event of inability of the regular presiding officer and the presiding pro-
tempore to preside over a Sanggunian Barangay Session, the members present
thereby constituting a quorum shall elect from among themselves a "Temporary
Presiding Officer ''.
b. The "Pro-Tempore" or the Temporary Presiding Officer as the case may be shall
certify within Ten (10) days from the passage of ordinance enacted or resolutions
adopted by the sanggunian in the session over which he temporarily presided.
c. While presiding "pro-tempore" or the temporary presiding officer as the case may
be shall have no right to vote even if there is a tie.
d. The "Pro-Tempore" or the Temporary Presiding Officer may motto shall
relinquish the Chair temporarily to any member of the sanggunian if he would like
to go down the floor and participate in the deliberation in his capacity as a regular
and constituent member.

RULE 5

SESSIONS

Section 1. The regular session of the Sanggunian shall be held at the Sanggunian Session Hall
every first and third Monday of the month. However, if a session day falls on a holiday, the
session shall be done on next working day.

All regular sessions shall be opened at exactly 9:00 o'clock in the morning even without
the presence of the Punong barangay. The majority of the members present who constitutes a
quorum shall elect from among themselves who will act as the temporary presiding officer. The
chairmanship or the Chair may however be given to the Punong Barangay upon his arrival.
Section 2. A written notice stating the date, time and calendar of business shall be served
personally to the sanggunian member or left to any member of his household at his usual place
of residence at least 2 days before the regular session is held.

Section 3. A Special Session may be called by the barangay chairman or by a majority of the
members of the sanggunian.

Section 4. No two (2) sessions whether regular or special may be held in a single day.

Section 5. Adjourned Session. An "adjourmed session" may be held.

a. Thru the initiative of the Chair, by using the "assumed motion", or by a majority of the
Members present in a session where there No quorum, where in they may decide to
adjourn from hour to hour, or day to day, and compel the attendance of the absent
Members in order obtain the necessary quorum.
b. By a majority vote of all members present in any regular or special session there being a
quorum in order to finish very important business, which needs immediate action.

SECRETARY

Section 1. The Sangguniang Barangay shall have a Secretary who shall be appointed by the
Baarangay Chairman and concurred to by the majority of the member of the Sangguniang
Barangay to perform his/her legal duties as the body may require from time to time.

RULE 6

QUORUM

Section 1. A majority of the Members of the Sanggunian who have been elected at large and
qualified shall constitute a quorum to transact official business.

Section 2. In computing the presence of a quorum the term majority shall be based on the
number of the Sanggunian Members and the Barangay Chairman being actually present except
for permanent vacancy and the “ex-officio'' member of the Sangguniang Kabataan and IPMR.

Section 3. No quorum at the start of the session. When the appointed time has come to start
the session, the Presiding Officer (regular or temporary as the case may be) shall call the
session to order with or without a quorum.

Section 4. In the absence of a quorum, after calling the session to order and when the
prescribed time has come to start the session, the presiding officer may request the secretary to
have a roll call, if there is no quorum after said roll cal, the Presiding Officer may perform the
following:

a. He may declare for 10 minutes recess. When the given time is over, he will again
request the secretary for another roll call, and if still there is no quorum, he may extend
the recess for 30 minutes.
b. And if still there is no quorum up to this time, he may adjourn the session from hour to
hour from day to day if he would like to wait for other members who may be late in
coming to the session.
c. He may adjourn the session due to lack of quorum.
Section 5. Final announcement of the presiding officer.

If there is no quorum after having exhausted means to wait for the members to wait for
other members to come to constitute a quorum and other remedial measures the presiding
officer may moto propio or upon proper motion from the floor duly adopted by the Body, then
declares the session adjourned, for lack of quorum.

RULE 7

ORDER OF BUSINESS

Section 1. The order of Business of this Sanggunian shall be as follows:

a. Call to Order
b. Prayer
c. Singing of the Philippine National Anthem
d. Officials' Creed
e. Roll Call
f. Reading of Minutes of the Previous Session
g. Question Hour (suspend rules to accommodate guests)
h. Privilege Hour
i. Reading and Referral of Proposed Measures or Communications
○ Proposed Ordinance/s
○ Proposed Resolution/s
○ Letter/s, Communication/s & Request/s
j. Committee Reportis
k. Adoption of Calendar of Business (Agenda)
l. Other Matters
m. Announcement/s (if any)
n. Adjournment

Section 2. Calendar of Business shall contain the following:

a. Unfinished Business. The unfinished business refers to proposals or measure that have
not been acted upon postponed or left unfinished during the previous 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.This refers to a list of items that have been reported by committees
and are ready for deliberation on second reading as determined by th e Committee on
Rules. This also includes those items for the Body's session on third and final reading.
c. Unassigned Business. Refers to pending matters or measures including new ones that
arises out during the deliberation but not yet assigned or referred to any committee for
appropriate action.

Section 3. Calendar of Business. This shall contain brief description of the business to be taken
up during the during regular session including but not limited to the following:

a. Title of the proposed ordinance/ resolution


b. Name of the sponsor/s 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
sender's name

Section 4. As a general rule, its chairman shall render committee report unless he dissents with
the majority decision. In the absence, the vice chairman shall take his place. neither or them is
present, any committee member concurring with the reports. Otherwise he shall be precluded to
oppose it on the floor.

RULE 8

LEGISLATIVE PROCESS

Section 1. Rules in the enactment of Ordinance and Adoption of Resolutions


The enactment of ordinances and adoption of resolutions including other matters
requires legislative actions. The following rules shall be observed: session.

a. Legislative actions of a general and permanent character shall be enacted in the form of
ordinance, while those, which are temporary character, shall be passed in the form of
resolutions. Matters relating to proprietary functions and to private concerns shall also be
acted upon by a resolution.
b. Proposed ordinance and resolution shall be in writing and shall contain an assigned
number, a title or caption, enacting or ordaining clause and date of its proposed
effectivity.

In addition, every proposed ordinance and resolution shall be accompanied by a brief


explanatory note containing the justification of its approval. It shall be signed by the
author/s and submitted to the secretary and to the barangay council three days before
the start of the regular

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.
d. As a general rule, no ordinance shall be considered on second reading in any regular
meeting unless it has been reported out by the proper committee to which it was referred
or certified as urgent by the barangay chairman, however an ordinance or resolution
prepared and introduced by the committee having proper jurisdiction over the proposed
subject matter.
e. Any legislative matter duly certified by the barangay chairman as urgent, whether or not
it is included in the calendar of business, may be presented and considered by the body
at the same meeting 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 the second reading and shall distribute to each
Sangguniang Member a copy thereof except the measure certified by the barangay
chairman concerned as urgent may be submitted for the final voting immediately after
debate or 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 approve by a majority of the members
present, there being a quorum.
Section 2. The Procedural Steps in enacting an ordinance or a resolution. The enactment of an
ordinance or a resolution involves Ten (10) steps clustered along eight (8) dimensions from
sponsorship to publication if any.

Sponsorship of an Ordinance or Resolution


Step 1. A Sanggunian Member or a group of members files with the Sanggunian Two (2)
or Three (3) copies of the draft ordinance or resolution in the form prescribed for the purpose.

Step 2. The secretary to the sanggunian records the draft ordinance or resolution in a
logbook indicate the following basin information:

1. Name
2. Title
3. Date
4. Name of the Author/s
5. Title of the proposed ordinance/ resolution
6. Date Files and
7. The number assigned to it

Step 3. On first reading, the secretary to the sanggunian reports all proposed ordinances
or resolutions to the sanggunian members filed at least Three (3) days before a regular or
special session. He / She reads the draft ordinance or resolution by its number and the name of
the author/s if desired after which the presiding officer immediately announces the committee or
committees to which the proposed measure in assigned. No more agenda will be filed after
failing to submit within the restricted days of filing unless during special session.

COMMITTEE DELIBERATIONS

Step 4. If the committee concerned recommends action on the proposed ordinance /


resolution a report to the effect is submitted to the presiding officer through the chairman
committee on rules if any who calendars the proposed ordinance or resolution for second
reading. However, if the action of the committee on the proposed ordinance is unfavorable, it is
laid on the table and within Ten (10) days, the author/s concerned are given notice stating the
reason/ s for such action.

SECOND READING AND FLOOR CONSIDERATION

Step 5. No proposed ordinance may be considered on a special reading in any session


unless it has been reported out by the proper committee to which it was referred or certified as
urgent by the barangay chairman or the 2/3 of the sanggunian itself certifies the necessity if its
enactment. On the day set for the consideration of the proposed ordinance for second reading,
the sponsor reads the proposed ordinance and its entirety, although this can be dispensed to
have a copy of the measure under consideration. The chairman of the committee
recommending the ordinance or someone designated for the purpose explains briefly the nature
of the ordinance is subject to the debate then to amendments and other proper parliamentary
motions.

Step 6. The secretary to the sanggunian prepares enough copies of the proposed
ordinance in the form it was passed on second reading and distributes them to each member at
least Three (3) days before final reading.
THIRD READING AND FINAL VOTE

Step 7. No ordinance may be approved unless it has passed three readings and copies
thereof in its final form be distributed to the members at least Three (3) days before its passage
except then the barangay chairman itself certified to the necessity of its immediate enactment to
meet a public calamity or emergency.

Upon the third reading of the proposed ordinance, the presiding officer puts the
question/s to a vote and directs the secretary to the sanggunian to call the roll to record each
members' vote. The presiding officer then finally announces the result of the voting.

All ordinance with penal provisions shall undergo a mandatory Three (3) readings and
final vote for its enactment.

Step 8. All proposed resolutions must be approved by 2/3 votes or by majority of the
barangay council. Upon the approval of the majority, the said proposed resolution will take effect
immediately upon its adoption by the sangguniang barangay.

APPROVAL OF ORDINANCE AND RESOLUTIONS

Step 9. Every ordinance / resolution enacted by the Sangguniang Barangay is presented


to the chairman except Internal / Administrative Resolutions. If the barangay chairman approves
the same, he affixes his signature of every page thereof

RULE 9

METHODS OF VOTING

Section 1. Voting on the questions whenever a nominal voting (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 staying "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.

Section 1. Voting on the Questions. 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 exceed Three (3) minutes or
not. A second roll call may be requested by any member from the chair but this time only names
of those who failed to vote shall be called. This is to give another opportunity to those who failed
to cast their vote to exercise their right and also to determine the member of the members who
might have violated the "rule of absenteeism" after this second roll call no request of the same
kind shall be entertained by the presiding officer.

Section 2. Voting Restriction. No member can vote or be allowed to vote on any measure in
which he or any of his relatives 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 matter of right can vote for himself.

Section 3. Change of Vote. A member may change his vote only when the chairman has not
yet announced the result of the voting. Otherwise, he can change his vote by unanimous
consent of the member present. This rule shall not be applied if the voting is through a secret
balloting.

Section 4. Vote of the Late-Comer. A member who comes in late during the session but who
happens to arrive while the voting is on the process shall be allowed to vote, provided that the
result of the voting has not yet been announced by the Chair.

Section 5. Allowable Motion during Voting. Except for a motion pertaining to a question of
quorum, the chair shall entertain no other motion while voting is in progress.

Section 6. Tie Vote. A tie vote resulting from a vote on a motion measure or proposal shall be
construed to mean that the particular motion, measure or proposal if defeated, unless the chair
decided to break it.

Section 7. Breaking a Tie. In case of a tie, the presiding officer of the sanggunian is allowed to
cast his vote, he is however, precluded under existing laws to cast his vote in order to create a
tie.

Section 8. Majority Vote of all Members. As provided under RA 7160 and its implementing
rules and regulations, a "majority both of all members of the sanggunian is required in the
following circumstances:

a. Enactment of Ordinance levying taxes, fees, or charge prescribing the rates thereof for
general specific purposes, and granting tax exemption/s incentives or relief (Sec 447,
RA 7160 par. Jj)
b. Adoption of resolutions authorizing the chair to negotiate and contract and other forms of
indebtedness (par. 2 ii ibid)
c. Enactment of ordinance authorizing of floating of bonds of their instrument of the
indebtedness for the purpose of raising funds to finance development project (par 2ivi
bid)
d. Majority vote of the members are present (thereby constituting a quorum) all legislative
matters or measures shall require only a "majority both of the members present therein
having a quorum "for its passage, adoption of enactment as the case may be.

RULE 10

RULES ON DEBATES AND AMENDMENTS

Section 1. As a general rule, no member shall speak before this sanggunian without first
obtaining the floor and recognition from the chair. A member who has obtain the floor shall
address all his remarks to the chair. He shall conduct himself with proper decorum by confining
his remarks or agreements to the question under debate and by avoiding personalities.

Section 2. No member rendering the committee report of delivering the sponsorship speech
shall speak for more than Ten (10) minutes unless allowed by the majority of the members
present.

Section 3. No member shall speak for more than Ten (10) minutes on a particular issue unless
he is allowed to do so by majority of the members present.
Section 4. During the period of amendments, every member shall observe the so call "five-
minute" rule, e.g. remarks or argumentation by any member on its proposed amendment shall
not exceed for Five (5) minutes.

Section 5. While a member is having the floor, the presiding officer may interrupt him in his
speech or talk by stating "point of order" to respond to questions from the floor to clarify
something related to the issue being discussed.

Section 6. The speaker may also be interrupted by another member if the latter desires to ask
question to interpellate and by proposing the following motions:

a. Point of Order
b. Point of Information
c. Point Parliamentary Inquiry
d. Call for Orders of the Day
e. Divide the Assembly
f. Raise a Question of Privilege
g. Reconsider
h. Appear from the Decision of the Chair

Section 7. All questions addressed to the speaker having the floor must always be coursed thru
the presiding officer.

Section 8. The speaker being interpellated may decline to answer questions, if he so desires.

Section 9. No member shall speak against his own motion or proposition. He may however be
permitted to withdraw his motion or proposition and if his request of withdraw is denied, he may
vote against it.

Section 10. While the period of discussion / debate is in progress, no member shall roam
around the session hall or leave the premises with permission from the Chair.

Section 11. When the Presiding officer is addressing the sanggunian, no member shall leave
his seat nor interrupt the former in his talk.

Section 12. After the period of debate / discussion has been closed, the period of amendments
shall follow immediately.

RULE 11

COMMITTEES

Section 1. Creation of Committees. The following rules shall be observed in the creation of
committees.

a. A regular or standing committees may be created by a majority vote of all member of the
Sangguniang Barangay;
b. The standing committees shall be reorganized every year;
c. Special or Ad Hoc Committee may be created upon the initiative of the chairman or thru
a motion by any member subject however to the affirmative votes of a majority of
members present, there being a quorum;
Section 2. Composition. Every regular committee to be created shall be composed of a
chairman, vice chairman and one sanggunian member.

Section 3. Restriction.

a. No person other than the members of the sanggunian shall be made a member of any
regular committees.
b. No member of the Sanggunian shall be made a Chairman or Vice Chairman of more
than two (2) regular committees.
c. No member shall participate in the committee's deliberation if he has a direct or indirect
personal or pecuniary interest on the matter being handled by that committee.

Section 4. Committee Meetings.

As a general rule a committee meeting shall be attended only by Committee Members


unless a majority member thereof decided to allow other persons to be present especially
invited resource persons or consultants. Barangay Secretary automatically the Secretary of the
Committee Meeting.

Section 5. Committee Hearing Distinguished from Committee Meeting.

For purposes of this Internal Rules, a committee hearing is an activity of the


Sanggunian, thru its committees, wherein the general public particularly those representing
different sectors that may be interested or affected by a proposed measure are invited to be
heard on that matter. This is synonymous to the term "public hearing". On the other hand a
committee meeting, as the term implies is a "meeting" of the members of the committee for the
primary purpose of the decision-making. Since decision-making is a different task, the
committee is not precluded from inviting and seeking advice from technical persons.

Section 6. Quorum.

A majority of all the Members of the committee shall constitute a quorum to do business.

Section 7. Calling a Committee Meeting.

A committee may be called by the following:

a. Chairman
b. Vice Chairman, if he is in the capacity of "Acting Chairman"
c. Majority of the Committee Members provided, that due notice is served upon
each and every committee member.

Section 8. Vacancy.

Vacancy in a committee shall be filled by a majority vote of all members of the


Sanggunian.

Section 9. Standing Committees.

The Sanggunian has created a standing committee as following.


1. COMMITTEE ON ENVIRONMENT PROTECTION AND ECOLOGY / RA. 9003
"PHILIPPINE ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000",
COMMITTEE ON HOUSING, LANG UTILIZATION, AND BARANGAY
AGRARIAN REFORM.

The committee shall be composed of three (3) members including its Chairman
and Vice Chairman, to shall be referred all matters or questions pertaining to or
connected with the following:

a. Environmental protection
b. Air and water pollution
c. Wanton destruction of the environment and its natural resources.
d. Maintains the implementation of R.A. 9003
e. All matters related to the environment including solid waste management
f. Subdivision development
g. Measures pertaining to land uses
h. Zonification and zoning code enactment
i. Squatter problems and relocation
j. All other matters related to housing, and land utilization
k. Land acquisition and distribution of private and public lands

Chairman:
Vice Chairman:
Member:

2. COMMITTEE ON INFRASTRUCTURE, PUBLIC WORKS & FACILITIES

The committee shall be composed of three (3) members including its Chairman
and Vice Chairman, to which shall be referred all matters or questions pertaining to or
connected with the following:

a. Operation /Establishment of all kinds of public utilities but not limited to


transport and communications system
b. Maintenance or upkeep street lights and other electrical concerns
c. Construction, maintenance and repair of roads, bridges and other
barangay infrastructure projects
d. Measures that pertain to drainage and sewerage systems and similar
projects e. All other matters related to public utilities and facilities

Chairman:
Vice Chairman:
Member:

3. COMMITTEE ON SOCIAL WELFARE, HEALTH, AND ALS0 A BARANGAY


NUTRITION ACTION OFFICER (BNAO)

The committee shall be composed of three (3) members including its Chairman
and Vice Chairman, to which shall be referred all matters or questions pertaining to or
connected with the following:

a. Family Welfare l Planning


b. Health and sanitation or hygiene
c. Cleanliness and beautification
d. Measures related to hospitals, health centers and health programs
e. All matters related to health

Chairman:
Vice Chairman:
Members:

4. COMMITTEE ON PEACE AND ORDER, PUBLIC SAFETY & HUMAN


RIGHTS

The committee shall be composed of three (3) members including its Chairman
and Vice Chairman, to which shall be referred all matters or questions pertaining to or
connected with the following:

a. Women's welfare rights and privileges


b. Women's organizations and programs
c. Police matters
d. Maintenance of peace and order and protective services Public morals
e. Traffic rules and regulations
f. Fire prevention and control measures

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