Internal Rules of Procedure

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REVISED INTERNAL RULES OF PROCEDURES OF THE

SANGGUNIANG BAYAN OF LIBMANAN, CAMARINES SUR

Be it obtained by the Sangguniang Bayan of Libmanan, Camarines Sur in session


assembled that;

RULE I
SECTION 1. Composition - The Sangguniang Bayan shall be composed of the
Vice Mayor, as the Presiding Officer, the elected Municipal Councilors and Sectoral
representatives that maybe chosen pursuant to law, such as the President of the
Municipal Federation of Barangays, and President of the Municipal Sangguniang
Kabataan Federation.
SECTION 2. Term of Office - The term of Office of the members of the
Sangguniang Bayan of Libmanan, Camarines Sur shall be Three ( 3) years which will
commence and end on such date as may be provided by law.
SECTION 3. Oath of Affirmation - All members of the Sangguniang Bayan of
Libmanan, Camarines Sur shall, upon assumption to office, take an Oath of Office of
Affirmation in the prescribed from, duly subscribed before a person authorized to
administer oath.
Copies of the Oath of Affirmation of Office shall be filed and preserved in the
Office of the Sangguniang Bayan of Libmanan, Camarines Sur.

RULE II - PRESIDING OFFICER


SECTION 4. Presiding Officer - The Municipal Vice Mayor shall be the
Presiding Officer of the Sangguniang Bayan of Libmanan, Camarines Sur. The Presiding
Officer shall vote to break a tie.
In the event of the inability of the Municipal Vice Mayor to act as Presiding Officer
the members shall elect from among themselves the temporary Presiding Officer, The
Acting or Temporary Presiding Officer shall not vote even in a case of tie but
shall certify within ten (10) days from their enactment or adoption of all ordinances and
resolutions passed by the Sangguniang Bayan of Libmanan, Camarines Sur.

SECTION 5. Powers and Duties of the Presiding Officer – The Presiding


Officer shall:
a) Preside over the session of the Sangguniang Bayan of Libmanan, Camarines
Sur;
b) Preserve order and decorum during sessions, and in case of disturbance of
disorderly conduct in the session hall or within the premises, take measures
as he may deem advisable or as the Sangguniang Bayan may direct;
c) Decides all questions or order;
d) Sign all acts, ordinances, resolutions, writs, warrants, and subpoenas issued
by, or upon order of the Sangguniang Bayan within three ( 3) days upon
receipt in his office of the said documents;
e) The Presiding Officer shall remain impartial on all issues deliberated upon by
the council. It shall be incumbent upon him to act as Judge, not as a partisan
advocate during Council deliberations;
f) The Presiding Officer may yield the Chair to the member next in line of
succession if he desires to participate actively and freely in the deliberation of
the Council; provided the member so designated does not inhibit himself;
g) After the said period of three ( 3) days the ordinances and resolutions must be
returned to the Secretary of the Sanggunian with or without the attestation of
the Presiding Officer. Certification by the Secretary as to its truthfulness and
correctness will constitute already as substantial compliance with the
procedural process of enacting a resolution/ordinance.

RULE III – SECRETARY


SECTION 6. The Secretary of the Sanggunian – shall be appointed by the
Vice Mayor his/her compensation, allowances and other emoluments shall be
determined by law or ordinance.
The appointment of the Secretary to the Sanggunian shall be in accordance with
Civil Service law, rules and regulations.

SECTION 7. Powers and duties of the Secretary to the Sanggunian –


he/she shall;
a. Attend meetings of the Sangguniang Bayan and keep the minutes of its
proceedings;
b. Record in a book kept for the purpose, all ordinances, resolutions enacted or
adopted by the Sanggunian with dates of their enactments and publications;
c. Forward to the Municipal Mayor for appropriate actions, ordinances,
resolutions enacted or adopted by the Sangguniang Bayan which have been
certified as such by the Presiding Officer within ( 10) days after enactment and
adoptions;
d. Keep and affix the Sangguniang corporate seal and the signature of the
Sangguniang Bayan members to all ordinances and resolutions signed by the
Municipal Vice-Mayor;
e. Attest to all ordinances and resolutions approved by the Sangguniang Bayan;
f. Forward to the Sangguniang Panlalawigan or Provincial Board for review,
copies of approved resolutions and ordinances within seventy-two hours after
their approval;
g. Translate into the dialect used by majority of the people of the municipality
all ordinances that are of essential and vital importance affecting the
residents thereof and have the translation posted 15 days after its approval,
together with the original, at the main entrance of the municipal hall and in
two (2) other conspicuous places in the area;
h. Upon receipt, furnish certified copies of all records and documents in his
charge not otherwise classified as confidential, upon payment to the Local
Treasurer of the fees prescribed by ordinances;
i. Keep his office and all records therein which are not confidential in character
open to public inspection during usual business hours;
j. Act as a custodian of the Public Library and Archives, if any and annually
accounts for the properties therein;
k. Prepare and submit an enrolled copy of the minutes and agenda three days
before the session of the Sangguniang Bayan;
l. Exercise such other powers and perform such other duties and functions as
maybe prescribed by Law or ordinance.
During division of the Sangguniang Bayan Secretary must identify those who
voted in favor of the motion and those who voted against.
RULE IV – SESSIONS
SECTION 8. Regular Session – The Regular Session of the Sangguniang
Bayan of Libmanan, Camarines Sur shall be held every Monday of the week at 9:00 a.m.
at the Municipal Session Hall, or on such time and place as the formal notice thereof
shall stipulate or may be decided upon in the immediately preceding session. In the
event the pre-scheduled regular session shall fall on a holiday, the
succeeding working day shall be made as a regular session day.

To amend:
The Regular Session of the Sangguniang Bayan of Libmanan, Camarines Sur shall
be held every Tuesday of the week at 9:00 a.m. at the Municipal Session Hall, or on
such time and place as the formal notice thereof shall stipulate or may be decided upon
in the immediately preceding session. In the event the pre-scheduled regular
session shall fall on a holiday, the succeeding working day shall be made as a
regular session day.

Live Coverage will be EXCLUSIVELY by SB-LIBMANAN Facebook Account, through


the deputized Admin IT/Support Officer only. Should there be other interested parties
who opt to do the same, permission from the Sanggunian must be secured first before
doing so.

SECTION 9. Special Session – When public interest so demands, special


session may be called by the local chief executive or by a majority of the members of
the Sanggunian.
In the case of special sessions, a written notice to the members shall be served
personally at the member’s usual place of residence at least twenty-four ( 24) hours
before the special session is held.
SECTION 10. No two sessions regular or special shall be held in a single
day - In the case of special sessions, a written notice to the Sanggunian members,
stating the date, time 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 or office at
least twenty-four (24) hours before the special session is held unless otherwise an
urgent call. Unless otherwise concurred in by two-thirds ( 2/3) vote of the Sanggunian
members present, constituting a quorum, no other matters may be considered at a
special session except those stated in the notice.
SECTION 11. Call to Order – The Presiding Officer shall open the session by
the Sanggunian to order.
On the first session day of the month, the National Anthem shall be sung,
followed by an Opening Prayer.
SECTION 12. Attendance in Sessions – Every member of the Sanggunian
shall be present in all sessions, unless expressly excluded by it or necessarily prevented
from doing so by sickness or other unavoidable circumstances duly reported to the
Sanggunian through the Sangguniang Bayan Secretary. An absent member should
present and submit to the Secretary a duly approved Travel Order with Certificate of
Appearance in case he is on official business and/or duly approved application for leave.

The attendance shall be signed immediately by the Sanggunian member upon


arrival indicating the time of arrival. The time of arrival should be recorded in the journal
of proceedings. To ascertain the presence of the members who signed the attendance
record, calling of the roll is in order after the prayer.
SECTION 13. Suspension and adjournment of Session – Session of the
Sanggunian shall not be suspended or adjourned except by direction of the Sanggunian
itself.
The Presiding Officer may, in his discretion declare a recess of short intervals.

A recess is in order when the members of the Sangguniang Bayan are required to
sign any document.
SECTION 14. Opening and Adjournment to be entered in the minutes –
The exact time of opening and adjournment of a session shall be entered in the
minutes.

RULE V – ROLL CALL & QUORUM


SECTION 15. A majority of all Sanggunian shall constitute a quorum to
transact official business – A majority is 50% plus 1.5 or greater is considered 1 and
0.49 or less is disregarded. Majority of the quorum of the Sanggunian members shall be
sufficient to adopt a proposal. Quorum is such number of the membership of a collective
body competent to transact its business or do any other legislative act.
SECTION 16. Absence of Quorum – When there is no quorum in a given
session, the Presiding Officer may call for a recess until such time that 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 absence without good cause by issuing to
the absent member in the area an order of arrest and together with a designated
member of the Sangguniang Bayan shall take appropriate action to implement said
order.

To Amend:
When there is no quorum in a given session, the Presiding Officer may call for a
recess until such time that 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
absence without good cause by issuing to the absent member in the area an order of
arrest and together with a designated member of the Sangguniang Bayan, shall take
appropriate action to implement said order, the Presiding Officer shall
determine/designate the acting officer/party for such purposes.

If there is still no quorum despite the foregoing, 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 17. Motion of adjournment vacate a call – At any time after the
roll call has been completed, a motion to adjourn shall be in order, and if approved by a
majority of those present, all proceedings shall be vacated.

RULE VI – COMMITTEES
SECTION 18. The Sangguniang Bayan of Libmanan, Camarines Sur shall elect
the Chairman and members of the standing committees which will be composed of a
Chairman, Vice Chairman and not more than three ( 3) members. Ex-officio members are
entitled to hold only the position of Vice Chairman and/or members in the regular
committees. However, in the Oversight Committee, all SB Members are members.
To Amend:
The Sangguniang Bayan of Libmanan, Camarines Sur shall elect the Chairman
and members of the standing committees which will be composed of a Chairman, Vice
Chairman and not more than three ( 3) members. Ex-officio members are also entitled to
hold Chairmanship on their respective incumbent parties (LIGA) and (SK Federation) as
mandated by RA 7160, and other committees where SB members are all members;

(1) Committee on Accreditation


Shall screen applications of NGOs/POs for accreditation as a
requirement for their membership in the Local Special Bodies such as the Local
Development Council, Local Health Board, Local School Board, Local Peace and
Order Council and the People’s Law Enforcement Board.
(2) Committee on Agriculture, Fisheries and Aquaculture
The Committee on Agriculture, Fishery and livelihood has the
functions with general jurisdiction over matters related to the development of
agricultural product, irrigation system, food production, agricultural business,
agricultural and livestock education and extension services, animal industry
and livestock guaranteeing farm credits, fisheries and aquatic resources.
(3) Committee on Barangay Affairs
Shall be responsible for over-all monitoring and supervision of
barangay affairs.
(4) Committee on Cooperatives
It shall be the responsibility of this committee to adopt measures
and policies that will improve and strengthen the operation of cooperatives in
this municipality in coordination with the Cooperative Development Authority
(CDA).

(5) Committee on Education


General supervision over all matters pertaining to public schools,
their maintenance, tuition fees, school projects, libraries, measures, non-
formal education and Alternative Learning System.
(6) Committee on Environmental Protection, Disaster and Risk
Reduction
This committee has general jurisdiction over watershed protection
or rehabilitation, pollution control, coastal environment management,
reforestation, preservation of biodiversity, river revival, soil erosion,
endangered species, waste management, illegal logging and all matters
pertaining to Disaster Reduction and natural and man-made calamities.
(7) Committee on Finance and Appropriation
The Committee on Finance and Appropriation has general
jurisdiction over all matters pertaining to funds for expenditures of the
Municipal Government, for claims against the government, for appropriation of
public funds, and for all matters pertaining to finances including the review of
all Annual & Supplemental Budgets of Barangays.
(8) Committee on Games and Amusement
This committee shall exercise general jurisdiction over all matters
pertaining to games recreation and amusement, and shall formulate, adopt
policies and measures relative thereto.
(9) Committee on Human Rights, Good Governance, Oversight and
Public Accountability
This committee has general jurisdiction over all matters pertaining
to local governance and adoption of measures to further strengthen the local
government offices, aimed towards the effective delivery of basic services to
the constituents.
(10) Committee on Health and Sanitation
General jurisdiction over all matters pertaining to health and welfare
of the residents of the municipality of Libmanan, proposals or measures
amendatory to existing municipal ordinances and resolutions on sanitations,
cemetery lots, health centers, hospitals, residences commercial establishments,
public buildings and other health sanitation measures.
(11) Committee on Housing and Land Utilization
Has general jurisdiction over matters related to housing, human
settlements and land utilization such as the identification of agricultural,
commercial, residential, institutional and industrial zones for a well-balanced
development.
(12) Committee on Trade and Industry, Market and Slaughterhouse
Shall conduct studies on market operation and administration,
including the imposition of stall rentals and market fees.
Shall also propose measures to improve the operation of the
slaughterhouse including the observance of proper sanitation.
(13) Committee on Peace and Order
All general matters relating to police works and services,
maintenance of peace and order, prosecution of crimes in coordination with
the Philippine National Police of Libmanan, Camarines Sur and different
national government agencies and all pertaining to public safety measures.
(14) Committee on Public Utilities
All matters related to public utility vehicles and transport and
matters pertaining to franchising, transportation and communication.
(15) Committee on Public Works
Matters related to the construction, maintenance and repair of
public buildings, streets and bridges, parks monuments, playgrounds,
subdivision, building permit, amendments to zonification and other public
improvements.
(16) Committee on Research and Development
It shall be the concern of this committee to undertake research and
studies on matters that will improve the policies, system, schemes and rules
for the efficient and effective local government administration.
(17) Committee on Rules of the Council and Ordinances
General jurisdiction and functions over all matters relating to the
rules of the council, order of business, creation of committees and their
jurisdiction and the privilege and orderly conduct to the members of the
Sangguniang Bayan of Libmanan, Camarines Sur and over all matters
pertaining to proposed penal ordinances or proposed measures amending and
repealing municipal existing penal ordinance, proposal or measures involving
legality of lease of lot donations and exchange of lots, expropriations, naming
of street, school and public places and the legal orders from the courts on
violations of municipal ordinances relative to the protections of the
environment and the maintenance of ecological balance in coordination with
other government agencies with similar functions.
(18) Committee on Social Services
General jurisdiction over all matters pertaining to the strengthening
and development of family life, moral and religious formation of the
community, upliftment of barangay residents to a more economic productive
level, cottage industry development, civic consciousness and ties, human
economy and settlements, social welfare and ameliorative services, housing
and resettlement, recreations and public services.
(19) Committee on Tourism, Culture and the Arts
To initiate, maintain and monitor sanitation, cleanliness and
beautification activities, monitor major road and street improvement plans;
maintain and up keep of public toilets and comfort area side from restaurants,
hotels, gas stations, movie houses, beer stations, airport development and
promote regular food festivals, cultural presentations, market; coordinate with
police agencies on matters of traffic, peace and order condition affecting
tourism and to monitor and assist on the early resolution of crimes reported by
tourists; plan, develop and initiate training programs for personnel in food and
lodging establishment of a cultural/tourism museum depicting in photos,
antiques, costumes, etc. the history, cultural development and achievement of
the community and study and initiate installation of highly visible road
directional signs and billboards leading of various tourist destinations in the
community and takes charge of matters relative to the Miss Libmanan Beauty
Pageant.
This committee shall formulate policies, plans and programs relative
to the development, expansion, promotion, and regulation of trade industry
and investments in this LGU. This committee shall monitor and implementation
of ordinances on the registration and licensing of business establishments and
other rules and regulation on consumer protection and shall exercise primary
jurisdiction on complaints on local trade malpractice and or other unfair trade
practices.
(20) Committee on Ways and Means
The committee on Ways and Means has the functions with general
jurisdiction over all matters pertaining to revenue, taxes and fees, loans, study
and revision of tax measures and other sources or forms of revenue, fees for
public services, procurement of supplies and materials, furniture and fixtures,
equipment.
(21) Committee on Youth and Sports Development
General supervision over all matters pertaining to youth and sports
development.
(22) Committee on Senior Citizen and Persons with Disabilities
Shall take charge of concerns of the elderlies, establish mechanisms
whereby the contributions of senior citizens are maximized; adopt measures
whereby the senior citizens are assisted and appreciated by the community as
a whole; establish a program beneficial to the senior citizens, their families and
the rest of the community they serve and establish community-based health
and rehabilitation programs for senior citizen.
Shall take charge of the concerns of persons with disability such as
the opportunity to participate fully into the mainstream of society and the strict
implementation of laws for their welfare.
(23) Committee on Administrative Cases
Shall take charge of all matters relative to Admin. Case brought to
the SB involving elected barangay officials.
The regular Presiding Officer of the Sanggunian shall have a voice
and vote in all committees.
The Chairman of each committee has the blanket authority to
appoint his/her Vice Chairman and member.
The Chairman of the different Committees should be respected and
accordingly notified so that there is no overlapping of duties and functions.
Proposals for various projects shall be referred to the proper committees.

To Amend:
(24) Committee on Women
This committee should be tasked directly at all matters principally
relating to the rights and welfare of women and female children.

SECTION 19. Special Committees – The Sangguniang Bayan may organize


special committees as it may deem necessary. The officers and members of the special
committees shall likewise be elected by the majority of all Sanggunian members.
SECTION 20. Vacancy – Vacancy in any of the committees shall be declared by
two thirds (2/3) of the vote of all the Sanggunian members . The same shall be filled up
by election Reorganization of Standing Committees may be undertaken only one ( 1)
year after the approval of this ordinance
SECTION 21. Committee Reports and Orders – Committee reports and/ or
orders on any ordinance or resolution shall be considered in regular sessions and shall
not be submitted to the Sangguniang Bayan unless accompanied by the minutes of the
meeting or hearing of the committee which adopted them.
Report should be submitted to the Secretary and attached to the Notice of
Session consideration of all SB members.
When a committee submits a report, the members thereof shall be presumed to
have concurred in the report and shall be precluded from opposing same, unless they
have entered their objection thereto during the committee hearing.

RULE VII – ORDER AND CALENDAR OF BUSINESS


SECTION 22. Order of Business – The order of business of the Sanggunian in
every session shall be:
a) Call to order
b) Prayer and National Anthem
c) Roll Call
d) Reading and Consideration of the journal of proceedings
e) Approval of the Calendar Business
1. Privileged Hour
2. Question Hour
3. Unfinished Business - Business being considered by the
Sanggunian at the time of its adjournment. Its consideration shall
be prioritized until unfinished business is disposed of. Thereafter the
Presiding Officer shall call for the business of the Day.

4. Business for the Day - Proposed ordinances and resolution and


other measures set on the Calendar for consideration on that day,
are to be considered on the order as listed in the calendar.
a) First Reading and referral of measures
b) 2nd Reading
c) 3rd and Final Reading
5. Unassigned Business (Other Matters) – Proposed ordinances,
resolutions and other measures reported out by the committees not
calendared earlier. Any business included in this part of the
calendar may be set for consideration on motion of a member with
the approval of the majority of the Sanggunian members present at
a session, constituting a quorum.
f) Committee Reports
g) For Review
h) Announcement
i) Adjournment
After approval of Journal of Proceedings, the Presiding Officer shall declare a
recess for the signing of the approved journal of proceedings or minutes.

Subject matters to be taken up in other business should be submitted before the


session starts and can only be deliberated, discussed upon majority votes.
To Amend:
A. Call to Order
B. Prayer and National Anthem
C. Roll Call
D. Reading and Consideration of the Journal of Proceedings of the Regular
Session
E. Approval of the Calendar Business
1. Unfinished Business
2. Business for the Day
A. First Reading and Referral of Measures and
Communications
B. Second Reading
C. Third and Final Reading
3. Privilege Hour
4. Question Hour
5. Unassigned Business
F. Committee Report
G. For Review
H. Announcement
I. Adjournment

SECTION 23. Approval of minutes of Journal of Proceedings of the


previous session - Minutes of the previous session should be submitted to the
Sangguniang Bayan members for approval during the session and the original copy to
be signed by each Sangguniang Bayan members. The Presiding Officer shall
declare a recess for the signing of the approved journal or minutes.
SECTION 24. Ordinances and Resolutions distinguished – Legislative
actions of a general and permanent character shall be in the form of an ordinance while
those which are of temporary character shall be in the form of a resolution. Matters
relating to proprietory functions and to private concern shall also be enacted through
resolution.
Before enacting an ordinance/resolution a draft of the said ordinance/resolution
should be prepared by the proponent in order for the members of the Sanggunian to
carefully study the proposed ordinances/resolution before deliberation thereof.
SECTION 25. Essential parts of Ordinances and Resolutions – Proposed
ordinance and resolutions shall be oral or in writing and shall contain an assigned
number, a little or caption, an enacting or ordaining clause, and the date of its proposed
effectivity. In addition, every proposed ordinance shall be accompanied by a brief
explanatory note containing the jurisdiction for its approval. It shall be signed by the
author and authors and submitted to the SB Secretary who shall report the same to the
Sanggunian at its next session.
SECTION 26. First Reading – The Secretary to the Sanggunian shall report all
proposed ordinances and resolutions to the Sangguniang Bayan for the first reading
during regular or special session.
The first reading of proposed ordinances or resolutions shall only be by title and
thereafter the same shall be referred to the appropriate committee.
An erroneous referral of proposed ordinances or resolutions may be corrected
any day after the approval of the journal or minutes.
Only Chairman and Vice Chairman to which a proposed ordinance or resolution
was erroneously referred as well as the Chairman of Vice Chairman of the Committee
claiming jurisdiction over the proposed Ordinances or Resolutions, may move that the
Presiding Officer may motu propio rectify an erroneous referral.

The Committee where the proposed resolution or ordinance was referred shall
then call for a committee hearing or public hearing if needed. Participants in the public
hearing are the stake holders and other persons interested in the proposed legislative
measure.
SECTION 27. Period of Report – The committee shall submit a report on the
proposed ordinances or resolutions within thirty ( 30) days after it has been referred to
it.
If the Committee report on a proposed ordinances or resolutions is unfavorable, it
shall be laid on the table and within ten ( 10) days’ notice of the action taken will be
furnished the author or authors concerned stating the reasons for such action. Provided
that within five (5) days after receipt of the notice the Sangguniang Bayan may consider
the Committee recommendation.

SECTION 28. Urgent Matters – Any legislative matter duly certified by the
Presiding Officer as urgent, whether or not it is included in the calendar of business may
be presented and considered by the Sanggunian in the same session without need of
suspending the rules.
The Sangguniang Bayan likewise, on motion duly made by the Chairman or Vice-
Chairman of the Committee concerned, consider a proposed ordinance or resolution as
urgent and consideration thereof shall be scheduled accordingly.
If said motion is approved, the Sangguniang Bayan shall forthwith prepare a
detailed timetable fixing the date on or before which the proposed ordinance or
resolution must be reported by the Committee concerned and the number of days or
hours to be allotted for the consideration of the measure on second reading and the
date or hour at which proceedings must be concluded and final vote on said measure
taken.
SECTION 29. Second Reading and Debate – No proposed ordinances or
resolutions shall be considered on Second Reading in any regular session unless it has
been reported out by the proper Committee to which it was referred or certified as
urgent by the Presiding Officer.
SECTION 30. Debate and Closure of Members – In discussion of any
measure, a motion to close the debate shall be in order after four ( 4) speeches for and
three (3) against or after only one speech for has been delivered and none entered
against it.
Before the debate, members should register their intention to participate in the
debate.
When several members have registered or signified their intention to speak on
the matter under consideration and when said matter has been sufficiently and
thoroughly discussed by a member, the Presiding Officer may order the member having
the floor to desist from speaking further so that members may not be deprived of their
opportunity to speak.
SECTION 31. Ten (10) Minutes Rule – After the close of the debate, the
Sangguniang Bayan shall proceed to the consideration of the Committee amendments.
A member who desired to speak for or against an amendment shall have only ten ( 10)
minutes to do so.
The ten (10) minutes rule shall apply, likewise in the consideration of an
amendment to an amendment to an amendment by substitution.
SECTION 32. Approval of measure on Second Reading – The Sangguniang
Bayan shall prepare copies of the proposed ordinances or resolutions in the form it was
passed on Second Reading and shall distribute to each Sangguniang Bayan member a
copy thereof. Measure certified by the Local Chief Executive as urgent be submitted for
final voting immediately after debate and/or amendment during the second reading.
After amendments have been acted upon, the proposed ordinance or resolution
shall be voted on second reading.
SECTION 33. Third Reading – A proposed ordinance or resolution approved
on second reading shall be included in the agenda for Third Reading.
SECTION 34. Approval of Resolution – A resolution shall be enacted in the
same manner prescribed for ordinances except that it need not go through separate
Third reading for its final consideration unless decided otherwise by a majority of all
Sangguniang Bayan Members.
SECTION 35. Majority Requirements – No ordinances or resolutions passed
by the Sangguniang Bayan shall be valid unless approved by a majority of the members
present, there being a quorum. Any ordinance or resolution authorizing or directing the
payment of money or creating liability shall require the affirmative vote of a 2/3 of all
Sangguniang Bayan members for its passage.
Upon the passage of all ordinances or resolutions the Secretary to the
Sanggunian shall record the “ayes” and “nays”. Each approved ordinance or resolution
shall be stamped with the corporate seal of the Sangguniang Bayan and recorded in a
book kept for the purpose.
SECTION 36. Special Provisions of the Budget Ordinance – The
Sangguniang Bayan shall be in no case increase the appropriation of any project or
program of any office of the municipality over the amount submitted by the Local Chief
Executive in his budget proposal.
After the Local Chief Executive shall have submitted to the SB the proposed
annual general appropriation measure, supplemental appropriation measures shall be
considered only if supported by actually available funds as certified to by the Local
Treasurer or by Local Municipal Accountant, funds to be raised by corresponding
revenue proposal included therein.
1. Presentation by the Local Chief Executive - On the first day of
deliberation on the Executive Budget, the LCE shall address the members of
the Sanggunian to present the highlights, the thrusts, programs, and priorities
of the budget under consideration. The LCE may likewise brief the
Sanggunian on the level of proposed expenditures, how these are allocated
among the three (3) mandated sectoral services viz: economic, social and
general service and the source if financing that will support the budget.
2. Role of the Committee on Appropriation – The committee shall be
responsible by conducting a preliminary review and evaluation of the
Executive Budget. For the purpose, the committee may conduct its own
budget hearing and may call upon the local finance committee, and head of
offices or department. Thereafter, the committee shall render its report and
recommendation to the Sanggunian proper. Such report and recommendation
will then serve as the focus of deliberation.
3. Role of the Local Finance Committee – The committee shall assist the
Sanggunian in the analysis and review of the budget for the purpose of
ensuring compliance with statutory and administrative requirements.
Specifically, the committee shall:
3.1 Prepare the necessary reference/visual aids to facilitate the
presentation of and deliberation on the budget;
3.2 Make available other pertinent data, to enable the Sanggunian and
Committee on Appropriation carry out more objective review and analysis
of the proposed revenues and other sources of financing;
3.3 Be present during committee hearings and Sangguniang sessions as
may be required by the legislative body, to explain any detail of the
executive budget that the members may wish to be clarified on.
3.4 Role of the Heads of Offices/Departments
During the conduct of committee hearings and en-banc
deliberation, the different heads of department or chiefs of offices whose
budget proposals are being considered, shall make themselves available
and, upon request of the Sanggunian, appear before the body of the
Committee on Appropriation to explain or justify their proposals particularly
on the ff. aspects:
(3.4.1) the objectives functions and corresponding projects of the
office/dept. and their relevance to the total development effort of
the local government unit;
(3.4.2) the nature of work to be performed for each function,
project and activity measured in terms of expected results as well as
the level of funding being proposed including the organizational set
up/staffing modification if any, and the personnel complement
tasked to perform the work;
(3.4.3) the accomplishment of the office or department for the
preceding fiscal year particularly, the extent to which it has met its
target.
4. Period of Deliberation - The executive budget shall be tabled for
deliberation immediately upon receipt thereof by the Sanggunian.
(4.1) The deliberation on the budget shall be within the current fiscal year
which may commence on October 16 or upon receipt by the Sangguniang
of the Executive Budget.
(4.2) Special sessions may be called to ensure approval of the budget.
(4.3) In case the Sangguniang concerned fails to pass the authorizing the
annual budget before the beginning of the ensuing fiscal year, it shall
continue to hold sessions without additional remuneration for its member
until said ordinance is finally approved and no other business may be
taken up during such sessions.
(4.4) Subject of deliberation. After the LCE shall have presented the
highlights, thrusts and priorities and the Committee on Appropriation
submitted its report and recommendation to the Sanggunian, the budget
shall be open for discussion or debate.
(4.5) The Appropriation Ordinance. An affirmative vote of majority of all
the members of the Sanggunian shall be required for the passage of the
appropriation ordinance.
SECTION 37. Approval by the Local Chief Executive – Every ordinance or
resolution passed by the Sangguniang Bayan shall be forwarded to the Local Chief
Executive for approval. The Local Chief Executive affix his initials on each and every
page of the ordinance or resolution and the word “approved” shall appear with his
signature on the last page thereof.
Within ten (10) days, in the case of local Municipal Unit after receipt of the
ordinance or resolution, the Municipal Mayor shall return said ordinance or resolution to
the Sangguniang bayan whether approved or vetoed. If the Municipal Mayor does not
return it within that time, the ordinance or resolution shall be deemed approved.
SECTION 38. Veto Power of the Municipal Mayor – The Municipal Mayor
may veto any ordinance or resolution on the ground that it would be prejudicial to
public welfare particularly stating his reasons therefor in writing.
The Municipal Mayor shall have the power to veto any particular item or items in
an appropriation ordinance, an ordinance or resolution adopting a local development
plan and public investment program, or an ordinance 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 Sangguniang overrides the
veto in the manner herein provided; otherwise, the item or items in the appropriation
ordinance of the previous year corresponding to those vetoed, if any, shall be deemed
reenacted.
The Municipal Mayor may veto an ordinance only once. The Sangguniang may
override the veto of the Municipal Mayor concerned by two-thirds ( 2/3) vote of all its
members, thereby making the ordinance effective even without the approval of the
Local Chief Executive concerned.
SECTION 39. Review by the Sangguniang Panlalawigan – within seventy-
two (72) hours after approval, the Secretary of the Sanggunian shall forward to the
Sangguniang Panlalawigan for review, copies of approved ordinances, resolution or
executive order promulgated by the Municipal Mayor.
Within thirty (30) days after receipt of copies of approved ordinances and
resolutions and executive orders promulgated by the Municipal Mayor, the Sangguniang
Panlalawigan shall examine the documents, transmit them to the Provincial Attorney or
if there be none to the Provincial Fiscal for prompt examination. The Provincial Fiscal
shall inform the Sangguniang Panlalawigan of his written comments or
recommendations about the documents which may be considered by the said
Sanggunian in making its decision.
If the Sangguniang Panlalawigan finds that an ordinance, resolution or executive
order is beyond the power conferred upon the Sangguniang Bayan or the Mayor it shall
declare such ordinance, resolution or executive order invalid in whole or in part. The
Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the
corresponding municipal authorities of the action it has taken. The action of the
Sangguniang Panlalawigan shall be final.
If no action was taken by the Sangguniang Panlalawigan within thirty ( 30) days
after submission on the ordinance, resolution or executive orders the same shall be
presumed consistent with law and therefore valid.
SECTION 40. Enforcement of disapproved Measures – Any attempt to
enforce, or executive an ordinance, resolution or executive orders after the disapproval
thereof shall be sufficient ground for the suspension or dismissal of the officer making
such attempt.
SECTION 41. Effectivity of Enactment – Unless otherwise stated in the
ordinance or resolution, the same shall take effect after the lapse of fifteen ( 15) days
from the date a copy thereof is posted in a bulletin board at the entrance of the
municipal building, and in at least two (2) conspicuous places such as the public market,
church or chapel.
Not later than thirty (30) days after passage of the ordinance or resolution the
Secretary to the Sanggunian shall cause the posting thereof in English together with a
copy translated in the dialect used by the people in the area and shall record such in a
book for the purpose stating the date of approval and posting thereof.

RULE IX – DECORUM AND DEBATE


SECTION 42. Manner of Addressing the Chair – When a member desires to
speak he shall rise and respectfully address the chair. “Mr. Chairman” or Mr. Presiding
Officer.
SECTION 43. Recognition of Member to Speak – When two or more
members rise at the same time the Presiding Officer shall determine and recognize the
member who is to speak.
SECTION 44. Time limit for Speeches – No member shall occupy more than
five (5) minutes in debate or speak for more than twice on any question without leave
of the Sanggunian, except as when counted against the time of the member speaking.
SECTION 45. Sponsor to open and close debate – The member reporting a
measure under consideration from a committee may open and close the debate
thereon. If he debates should extend beyond one session day, he shall be entitled to an
additional ten (10) minutes to close.
SECTION 46. Decorum to open and close debate – In all cases the member
who has obtained the floor shall confine himself to the question under debate avoiding
personalities. He shall refrain from uttering words, making any body language or
performing acts which are inconsistent with decorum and any member aside from the
one who has the floor is strictly prohibited to utter anything that may distract the trend
of thought of the one who has the floor.
If it is requested that a member be called to order words spoken in debate the
member making such request shall indicate the words excepted to and they shall be
taken in writing by the Secretary of the Sanggunian and read aloud.
The member who uttered such words shall not be held to answer nor subjected
to ensure by the Sangguniang Bayan if further debate to one’s business has intervened.
SECTION 47. Punctuality – In attending sessions punctuality should be
observed by the Sangguniang Bayan members.
SECTION 48. No Sangguniang bayan Members shall attend session
while under the influence of liquor – During session hour all cellphones should be
adjusted to silent mode.
SECTION 49. During the session the Sangguniang Bayan members shall wear
the Barong/Coat/Blazer for gentlemen; and Filipiniana or corporate attire.
SECTION 50. Deliberation during any session shall be in any language or dialect
that can be understood by the majority of the Sangguniang Bayan members, if possible,
English, Filipino, or in Bicol.
SECTION 51. No Sangguniang Bayan member shall be allowed to leave the
session hall during any session regular or special except on emergency cases, personal
or otherwise or for any reasonable cause. The presence of every member is necessary
when deciding on a particular measure.
Any violation thereof without sufficient reason other than stated shall be dealt
with accordingly by the Presiding Officer and or as directed by the Sangguniang Bayan.
SECTION 52. The Sangguniang members may punish its members for disorderly
behavior and with the concurrence of two-thirds ( 2/3) of all its members, suspend or
exclude from the session a member but if penalty is suspension this shall not exceed
sixty (60) days.
SECTION 53. Open to Public – Sangguniang session or meeting of any
committee thereof shall be open to public unless a closed session is decided or ordered
by an affirmative vote of majority of the members present, there being a quorum, in the
public interest or for reasons of security, decency or morality, or for reasons affecting
the dignity of the Sanggunian or any of its members or when confidential matters are
being considered.
For purpose of transparency, the session shall be conducted with the use of
sound system and with live coverage in the local cable TV.
SECTION 54. Appearance of 3rd parties before the council – Third parties
may appear to testify before the Council in open session upon invitation and/or consent
of the majority of the Council Members.
On motion to hold a closed session duly approved, the Presiding Officer shall
direct the session hall cleared and doors closed.
Only the Secretary to the Sanggunian and such other persons who are specifically
authorized by the Sanggunian shall be allowed at the session.

RULE X – VOTING AND MOTIONS


SECTION 55. A tie on an appeal – A tie on an appeal from the ruling of the
chair sustain the decision of the chair.
SECTION 56. Who may move – When a proposed measure is adopted or lost
it shall be in order for a member who votes with the majority to move for the
reconsideration thereof on the same or succeeding session day. Such motion shall take
precedence over all questions, except a motion to adjourn to raise a question of
privilege and a call to order.
SECTION 57. Recording of Motions – Every motion shall be entered in the
minutes or journal with the name of the members making it unless it is withdrawn on
the same day.
SECTION 58. Reading and Withdrawal of Motion – When a motion is made
the Presiding Officer shall state it before debated. Except as herein otherwise provided,
a motion may be withdrawn any time before its approval or amendment.
SECTION 59. Procedure of Motion – When a question is under debate no
motion shall be entertained except to adjourn, raise a question of privilege, declare a
recess, lay on the table or position to a certain day which motion shall be decided
subject to the five minutes rule. No motion to postpone to any certain day or postpone
indefinitely having failed passage shall again be followed on the same day.
SECTION 60. Amendments – When a motion or proposition is under
consideration a motion to amend and the motion to amend that amendment shall not be
voted upon until the original motion or proposition is perfected. Any said amendments
maybe withdrawn before a decision is had thereon.
SECTION 61. Rider Prohibition – No motion or proposition once a subject
different from that under consideration shall be allowed under color or amendment.
SECTION 62. Amendment of Title – Amendments of the Title of Proposed
ordinances or resolution shall not be in order until after the text thereof has been
perfected. Amendments to the title shall be decided without debate.
SECTION 63. Call to Order – A motion to read any part of the Rules is
equivalent to a call to order and takes precedence over any motion other than to
adjourn.

SECTION 64. Question of Privilege – questions of privilege are:


a.) Those affecting the rights of the Sangguniang Bayan, its safety,
dignity and integrity of its members.
b.) Those affecting the rights, reputation and conduct of the members
individually in their capacity as members.
Subject to the ten (10) minutes rule, question of privilege shall have precedence
over all other questions except a motion to adjourn.
SECTION 65. Privileged Questioned – Privilege questions are those motions
or subject matters under the Rules, take precedence over other motions and subject
matters.

RULE XI – SUSPENSION OF RULES


SECTION 66. Who can move – The Chairman, committee on Rules and
Ordinances, has the authority to introduce a motion for the suspension of the rules. In
an instance that the Chairman is not available, the Vice-Chairman shall take over his
functions during the session. In the absence of the Vice-Chairman, the members shall
do the same.
SECTION 67. Vote required – Any motion for suspension of any rule must be
decided upon by a vote of Two-thirds (2/3) of the members present, constituting a
quorum.
SECTION 68. Interruption of Motion – When a motion to suspend the rules
is pending, one motion to adjourn may be entertained. If it is lost, no similar motion
shall be entertained until the vote is taken on the motion to suspend a vote of two-
thirds (2/3) of the members constituting a quorum.
SECTION 69. Effect of Suspension – If the Sanggunian members approved
the suspension of the rules, they shall forthwith proceed to conduct the session.

RULE XII – QUASI-JUDICIAL FUNCTIONS


SECTION 70. Administrative cases involving Barangay Officials shall be held or
conducted in the afternoon after the adjournment of regular session.
SECTION 71. Adjudication of administrative cases shall be governed by
Ordinance No. 99-02 – An Ordinance Providing for the Rules of Procedure to Govern
quasi-judicial Proceedings of the Sangguniang Bayan of Libmanan, Camarines Sur and
Pertinent Provisions of RA No. 7160 otherwise known as the Local Government Code
and its Implementing Rules and Regulations.

RULE XIII – OFFICIAL SEAL


The official corporate seal of the Sangguniang Bayan of Libmanan, Camarines Sur
shall be round and divided equally into three (3) parts:
The first shall be a man, a plow and a carabao working in the field. This
represents the farmer and labor sector symbolizing the kind of people living in the
municipality.
The second part shall be a coconut trees and a mountain. The municipality is
composed of seventy-five (75) barangays including the far-flung coastal barangays in
the mountainous area of Tancong Vaca. This area is cultivated mostly with coconut
trees, which produce meat and other by-products.
The third part shall be a bundle of rice stalks. The municipality of Libmanan
occupies the most fertile portion of the western side of Bicol River Valley, and this area
has been cultivated into rice fields, Rice farming is the main source of income, thus
naming the municipality of Libmanan as the Rice Granary of the Bicol Region.
In addition, the official corporate seal of the Sangguniang Bayan of Libmanan,
Camarines Sur as the law-making body of this unit, shall be round.
Inside the circle is the prominent sun, by which, within its rays are the gavel, a
plume, and a scrolled document, valued through local legislation. Behind the sun is the
mighty Tancong Vaca, the flourishing rice lands and coconut plantation, made verdant
by the grand Libmanan River. Clays are also made into perfect potteries, created for
beauty and socio-economic significant for our people.

RULE XIV – AMENDMENTS


SECTION 72. Amendments – Any motion for amendments of any of these
rules shall require the affirmative vote of 2/3 of all the Sanggunian members present. No
further amendment shall be introduced and approved within a period of one ( 1) year
after the adoption of this ordinance.

RULE XV – DIVISION INTO DISTRICTS


SECTION 1. Title – This ordinance shall be known as an ordinance amending
Municipal Ordinance No. 16-01 – 2016 Internal Rules of Procedure of the Sangguniang
Bayan of Libmanan, Camarines Sur by adding thereto the division into eight ( 8) districts
of the municipality of Libmanan, Camarines Sur under Rule XV and moving the general
Provisions to Rule XVI.
SECTION 2. The eight (8) districts with assigned Municipal Councilor are as
follows:

DISTRICT I DISTRICT V
1. Puro-Batia 1. Mambulo Viejo
2. Taban-Fundado 2. San Vicente
3. Station Church Site 3. Danawan
4. Bagumbayan 4. Bagadion
5. Poblacion 5. Malansad Nuevo
6. Libod I 6. Malansad Viejo
7. Libod II 7. Rongos
8. Bigajo Sur 8. Mancawayan
9. Bigajo Norte 9. Planza

DISTRICT II DISTRICT VI
1. San Juan 1. Bagamelon
2. Handong 2. Mambulo Nuevo
3. Labao 3. Tinanquihan
4. Cuyapi 4. Duang Niog
5. Ibid 5. Bagacay
6. Umalo 6. Busac
7. Concepcion 7. Palong
8. Malbogon 8. Pag-Oring Viejo
9. Inalahan 9. Pag-Oring Nuevo
10. Malinao

DISTRICT III DISTRICT VII


1. Candato 1. Calabnigan
2. Patag 2. Udoc
3. Tarum 3. Beguito Viejo
4. Candami 4. Beguito Nuevo
5. Awayan 5. Bikal
6. Mantalisay 6. Sigamot
7. Camambugan 7. Sibujo
8. Padlos 8. Loba-Loba
9. Uson 9. Mabini
10. San Isidro

DISTRICT IV DISTRICT VIII


1. Tampuhan 1. Tinalmud Viejo
2. Mambayawas 2. Tinalmud Nuevo
3. Mambalite 3. Bahao
4. Palangon 4. Salvacion
5. Aslong 5. Caima
6. Potot 6. Cawayan
7. Bahay 7. Cambalidio
8. Mandacanan 8. Cambalidio
9. San Pablo 9. Tanag
10. Villasocorro
RULE XVI – GENERAL PROVISIONS
SECTION 73. Repealing Clause – All ordinances or parts thereof which are
inconsistent with the provisions of this ordinance are hereby repealed or amended
accordingly.
SECTION 74. Separability Clause – If for any reason or reasons any part or
provision of this ordinance shall be held to be unconstitutional or invalid other parts or
provisions hereof which are not affected thereby shall continue to be in full force and
effect.
SECTION 75. Effectivity Clause – These rules shall take effect on the date of
its adoption.
On motion by Councilor Romel T.
Bulaong______________________________________.

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