BARANGAY MERVILLE
INTERNAL RULES OF PROCEDURE
WHEREAS, the Sangguniang Barangay of Merville of Parañaque City, Metro Manila, is a legislative body duly organized pursuant to law for the enactment of ordinances and the passage of resolutions for the governance of BARANGAY MERVILLE;
WHEREAS, pursuant to the provisions of Republic Act No. 7160, known as “The Local Government Code of 1991”, local Sanggunian bodies have the inherent rights and obligations of adopting its own rules of procedure for the proper discharge of legislative functions;
WHEREAS, in the maintenance of good order in the Sanggunian deliberations, it is necessary that specific rules be adopted and enforced in the interest of effective legislation; and
WHEREAS, in order to regulate and adjust with the unexpected changes in the local governance, the Sangguniang Barangay of Merville recognizes the need for the adoption of its existing “Internal Rules of Procedure” revised and enacted last November 27, 2006;
NOW, THEREFORE, be it ordained by the Sangguniang Barangay of Merville in session assembled to adopt the following “Internal Rules of Procedure” to govern its deliberations.
RULE I - MEMBERSHIP
Section 1. Composition. - The Sangguniang Barangay of Merville shall be composed of the Punong Barangay as Presiding Officer, seven (7) Kagawads (Councilmen) elected at large and the Chairman of the Sangguniang Kabataan, elected by the registered voters of the Katipunan ng mga Kabataan.
Section 2. Term of Office. - The term of office by the members of the Sangguniang Barangay of Merville shall be three (3) years, which shall commence on such date as may be provided by law except for the appointed Barangay Secretary and Treasurer.
Section 3. Oath or Affirmation. - All the members of the Sangguniang Barangay of Merville shall upon assumption to office, take an oath or affirmation in the prescribed form, duly subscribed before a person authorized to administer oath.
Copies of the oath or affirmation shall be filed and preserved in the Office of the Punong Barangay and of the City Mayor of Parañaque, Metro Manila.
Section 4. Honoraria. - All the members of the Sangguniang Barangay of Merville shall have the privilege and entitled to receive honoraria for each session attended, the amount of which shall be determined from time to time by the Punong Barangay with the concurrence of the majority members of the Sanggunian during the preparation of Barangay Annual Budget Allocation for each calendar year. Provided, however, that any member of the Sanggunian member who has been absent without official leave (AWOL) and without any justifiable reason shall forfeit his/her privilege to receive honorarium for the session he/she has not been able to attend.
RULE II - POWERS, DUTIES AND FUNCTIONS OF THE
SANGGUNIANG BARANGAY
Section 1. The Punong Barangay as Chief Executive. - As Chief Executive of the barangay government, the Punong barangay, shall exercise such powers and perform such duties and functions as provided by Local Government and other laws and ordinances and resolutions promulgated by the Sangguniang Barangay. The principal concern of his/her governance is the general welfare of his barangay and its inhabitants. His/Her specific powers, duties and functions shall be as follows:
a) Enforce all laws and ordinances which are applicable to the barangay;
b) Negotiate, enter into and sign contracts for and on behalf of the barangay upon authorization of the Sangguniang Barangay;
c) Maintain public order in the barangay and, in pursuance thereof, assist the City Mayor and the Sanggunian members in the performance of their duties and functions;
d) Call and preside over the sessions of the Sangguniang Barangay and the Barangay Assembly, and vote only to break a tie;
e) Upon approval of the majority of all the members of the Sangguniang Barangay, appoint or replace the Barangay Treasurer, the Barangay Secretary, and other barangay officials;
f) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay;
g) In coordination with the Barangay Development Council, prepare the annual executive and supplemental budgets of the barangay;
h) Approve vouchers relating to the disbursement of barangay funds;
i) Enforce laws and regulations relating to pollution control and protection of environment;
j) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of the Local Government Code;
k) Exercise general supervision over the activities of the Sangguniang Kabataan;
l) Ensure the delivery of basic services as mandated under Section 17 of the Local Government Code;
m) Conduct an annual Palarong Barangay which shall feature traditional sports and disciplines included in the national and international games, in coordination with the Department of Education, Culture and Sports;
n) Promote the general welfare of the barangay; and
o) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
Section 1. The Punong Barangay as Presiding Officer. - The Punong Barangay shall be the Presiding Officer of the Sangguniang Barangay. The Presiding Officer shall vote only to break a tie.
If the Punong Barangay cannot preside a regular or special session, the Sangguniang Barangay members present constituting a quorum, shall elect among themselves a “Temporary Presiding Officer”. The Temporary Presiding Officer shall not vote even in case of a tie but shall certify within ten (10) days from their passage all ordinances adopted and resolutions enacted by the Sangguniang Barangay of Merville.
Section 2. Powers and Duties of the Punong Barangays as Presiding Officer. - The Presiding Officer shall:
a) Preside over the sessions of the Sangguniang Barangay;
b) Preserve order and decorum during sessions and, in case of disturbance or disorderly conduct in the session hall or within the premises, take measures as he/she may deem advisable or the Sanggunian may direct;
c) Decide all questions of order, subject to appeal by any Sanggunian member in accordance with these Rules;
d) Sign all acts, ordinances, resolutions, memorials, writs and warrants issued by; or upon order of the Sangguniang Barangay; and
e) Exercise such other powers and perform such other functions as may be provided by law, ordinance or resolution.
Section 3. The Sangguniang Barangay Members.- The powers and, duties and functions of the Sangguniang Barangay are prescribed under Section 391 of the Local Government Code, as follows:
a) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein;
b) Enact tax and revenue ordinances, subject to the limitations imposed in the Local Government Code;
c) Enact annual and supplemental budgets in accordance with the provisions of the Local Government Code;
d) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose;
e) Submit to the Sangguniang Panglunsod such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof;
f) Assist in the establishment, organization and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents;
g) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof;
h) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and merchants in the barangay; moneys from grants-in-aid, subsidies, contributions, and revenues made available to the barangay from national, provincial or city funds; and monies from other private agencies and individuals, provided, however, that moneys and properties donated by private agencies and individuals for specific purpose shall accrue to the barangay trust fund;
i) Solicit or accept, in any or all of the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial or city agencies established by law to render financial, technical and advisory assistance to barangay and to barangay residents, provided, however, that in soliciting or accepting such cooperation, the Sangguniang Barangay need not pledge any sum of money for expenditure in excess of amount currently in the barangay treasury or encumbered for other purposes;
j) Provide compensation, reasonable allowances or per diems as well as travel expenses for Sangguniang Barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of the Code; provided, however, that no increase in the compensation or honoraria of the Sangguniang Barangay members shall take effect until after the expiration of the full term of all members of the Sangguniang Barangay approving such increase;
k) Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general funds of the barangay, provided, that in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied. It is also provided that no fund-raising activities shall be held within a period of 60 days immediately preceding and after a national or local election, recall, referendum or plebiscite, and that said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The Sangguniang Barangay, through the Punong Barangay, shall render a public accounting of the fund raised at the completion of the project for which the fund-raising activity was undertaken;
l) Authorize the Punong Barangay to enter into contracts in behalf of the barangay, subject to the provisions of the Code;
m) Authorize the Barangay Treasurer to make direct purchase in an amount not exceeding P1,000.00 at any one time for the ordinary and essential administrative needs of the barangay;
n) Prescribe fines in amounts not exceeding P1,000.00 for violation of barangay ordinance;
o) Provide for the administrative needs of the Lupong Tagapamayapa and the Pangkat ng Tagapagkasundo;
p) Provide for the organization of community brigades, barangay tanods or community service units as may be necessary;
q) Organize regular lectures, programs or forums on community problems such as sanitation, nutrition, literacy and drug abuse and convene assemblies to encourage citizen participation in government;
r) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay;
s) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven years of age;
t) Adopt measures towards the prevention and eradication of drug abuse, child abuse and juvenile delinquency;
u) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law;
v) Provide for the establishment of non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports;
w) Provide for the delivery of basic services;
x) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinances.
RULE III - APPOINTIVE BARANGAY OFFICIALS
Section 1. The Barangay Secretary. –
(1) The Punong Barangay, shall appoint or replace the Barangay Secretary, with the approval of the majority members of the Sangguniang Barangay and be entitled to a reasonable allowances, compensation and/or emoluments provided by law; and
(2) No person shall be appointed Barangay Secretary if he/she is a Sangguniang Barangay member or relative of the Punong Barangay within the second civil degree of consanguinity or affinity;
(3) The Barangay Secretary shall:
a) Keep custody of all records of the Sangguniang Barangay and the Barangay Assembly meetings;
b) Prepare and keep the Minutes of all meetings of the Sangguniang Barangay and Barangay Assembly;
c) Prepare separate lists of the members of the barangay and the registered voters of the barangay assembly, and have the same posted in conspicuous places within the barangay;
d) Register all members of the barangay;
e) Assist in the preparation of all necessary election forms and other forms necessary for the conduct of barangay elections, referenda or plebiscite, in coordination with the Commission on Elections (COMELEC);
f) Assist the City Civil Registrar in the registration of births, deaths and marriages;
g) Keep a record of all inhabitants of the barangay containing the following items or information: name, address, place and date of birth, sex, citizenship, occupation and such other items or information as may be deemed necessary; and
h) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
Section 2. The Barangay Treasurer. –
(1) The Punong Barangay shall appoint or replace the Barangay Treasurer with the approval of the majority members of the Sangguniang Barangay and shall be entitled to a reasonable allowances, compensation or emoluments provided by law.
(2) The Barangay Treasurer shall be bonded in accordance with existing laws in an amount to be determined by the Sangguniang Barangay, but not exceeding Ten Thousand (Php10,000.00) Pesos, premiums for which shall be defrayed by the City of Parañaque, Metro Manila;
(3) No person shall be appointed Barangay Treasurer if he/she is a Sangguniang Barangay member or relative of the Punong Barangay within the second civil degree of consanguinity or affinity.
(4) The Barangay Treasurer shall:
a) Keep custody of barangay properties and funds deposited with the City Treasurer Office and/or any bank designated by the Sangguniang Barangay in accordance with the existing laws and/or ordinances;
b) Collect, receive taxes, fees, contributions, monies, materials and all other resources accruing to the Barangay Treasury and issue official receipts thereof;
c) Disburse funds in accordance with the accounting and auditing procedures provided by law, rules and regulations;
d) Submit to the Punong Barangay certified and detailed monthly statements of actual receipts within such period as may be provided by law or ordinance;
e) Render a written monthly accounting reports of all barangay funds and properties under his/her custody to the members of the Sangguniang Barangay, which reports shall be made available upon request to the public or to the members of the barangay assembly and other government agencies concerned;
f) Certify to the availability of funds whenever necessary;
g) Plan and attend to the rural postal circuit within his/her own jurisdiction; and
h) Exercise such other powers and perform such other duties and functions as may be assigned to him/her as prescribed by law or ordinance.
Section 3. Other Appointive Officials. - The Punong Barangay shall appoint or replace other appointive barangay officials/officers such as the Administrative Officer, Executive Officer, Human Rights Lawyer, Gender Officer and heads of various community and service brigades, members of the Lupong Tagapamayapa and Purok Chairmen with the approval of the majority members of the Sangguniang Barangay. Their qualifications, duties and functions shall be governed by the provisions of law or ordinance.
RULE IV - SESSIONS
Section 1. Regular Sessions. - The regular sessions of the Sangguniang Barangay of Merville shall be on the Second and Fourth Tuesday of each month, at such time and place as the formal notice thereof shall stipulate, or as may be decided upon in the immediate preceding session.
Section 2. Special Sessions. - As often as necessary, when public interest so demands, special sessions may be called by the Punong Barangay or a majority of the members of the Sangguniang Barangay.
In “Special Sessions”, a written notice to the 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 members of the Sangguniang Barangay at their usual place of residence at least three (3) working days before said special session.. Unless otherwise agreed upon by two-thirds (2/3) votes of the members of the Sanggunian present, there being a quorum, no other matters may be considered at a special session except that stated in the notice.
Section 3. Call To Order. - The Presiding Officer shall open the session by calling the Sanggunian to order.
On each session day, the Sanggunian shall conduct a one-minute prayer or meditation, or at the discretion of the Presiding Officer, an invocation by a Sanggunian member designated by him/her, except in cases where a regular monthly Holy Mass is held in the Barangay Hall before the scheduled session.
Section 4. Attendance in Session. - Every member of the Sangguniang Barangay 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 Barangay through the Barangay Secretary.
Section 5. Open To The Public. - Sanggunian sessions or meetings of any committee thereof shall be open to the public unless a closed session is decided or ordered by affirmative votes of the majority Sanggunian members present, there being a quorum, in the public interest or for reasons affecting the dignity of the Sangguniang Barangay or any of its member, or when confidential matters are being considered.
On a motion to hold a closed session duly approved, the Presiding Officer shall direct the session hall cleared and doors closed.
Only persons specifically authorized by the Sangguniang Barangay shall be admitted to the closed session. They shall preserve the secrecy of whatever may be read or said at the closed session.
Section 6. Opening and Adjournment To Be Entered in Minutes. - The exact hour of opening and adjournment of any session shall be entered in the Minutes.
RULE V - ROLL CALL AND DECORUM
Section 1. Quorum. - A majority of all the members of the Sangguniang Barangay 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 Barangay Secretary to call the roll of the members and thereafter announce the results.
Section 2. Absence of Quorum. - Where there is no quorum in a given session, 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 good cause by issuing to the Philippine National Police assigned in the area an order for the arrest and presentment of the absent members at the session.
If there is still no quorum, despite the foregoing, no business shall be transacted. The Presiding Officer, upon motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
Section 3. Motion To Adjourn Vacates Call. - At any time after the roll call has been completed, a motion to adjourn shall be in order, and if approved by a majority of those present, all proceedings shall be vacated.
RULE VI - COMMITTEES
Section 1. Standing Committees. - The Punong Barangay, in aid of legislation, shall appoint the Chairman of the following committees, the general legislative functions of which shall be as hereunder provided:
a) Committee on Finance & Appropriations
General Jurisdiction: All matters relating to the approval of the budget; the appropriation of funds for the payment of obligations; the determination of compensation of personnel; taxation ordinances, monetary and ways and means.
b) Committee on Health
General Jurisdiction: All matters relating to the improvement and development of public health and hygiene, medical clinics, hospitals and quarantine services.
c) Committee on Cleanliness, Beautification and Sanitation
General Jurisdiction: All matters relating to the general cleanliness and beautification projects, programs and activities of the community.
d) Committee on Livelihood and Cooperatives
General Jurisdiction: All matters relating to the development of cottage industry, livelihood and employment programs in the community; the conduct of free livelihood trainings and programs; the establishment and supervision of local cooperatives within the barangay.
e) Committee on Trade and Industry
General Jurisdiction: All matters relating to consumer protection; regulating, monitoring and supervision of all existing business establishments in the barangay; the development of food production and agri-business, agricultural economics and research, agricultural education and extension services; animal industry and livestock quarantine.
f) Committee on Environment and Natural Resources
General Jurisdiction: All matters relating to the exploration, development, utilization and conversion of natural resources; the protection of environment against air, water, land and other sources of pollutions.
g) Committee on Education, Culture and Tourism
General Jurisdiction: All matters relating to education and culture, local schools, colleges and universities, libraries and museum; non-formal and community adult education; scientific and technological research, development and advancement of moral and religious of the community; development of various tourism programs for the barangay.
h) Committee on Urban Poor Affairs, Social Services, Children/Women & Family Welfare & Disabled Persons
General Jurisdiction: All matters relating to the general welfare of the urban poor communities such as assistance for the relocation of displaced families and human settlements; implementation of anti-squatting laws and ordinances; provision of various social services assistance; strengthening and development of family life, children and women’s general welfare; implementation of gender issues; conduct of projects and programs that expand employment opportunities and create income-generating activities for the unwed mothers and disabled persons.
i) Committee on Senior Citizens Affairs
General Jurisdictions: All matters relating to the general welfare of the senior citizens in the barangay.
j) Committee on Rules, Ethics and Legal Matters
General Jurisdiction: All matters relating to the conduct, protection of the rights and privileges, safety, dignity, integrity and reputation of the Sangguniang Barangay and its members; investigation of administrative or criminal charges filed by any individual, corporation and/or entity against any Sanggunian members and employees in connection with their performance of their official functions and duties, and if necessary, the extension of any legal aid/assistance to any concerned Sanggunian member and/or employee.
k) Committee on Public Order and Security
General Jurisdiction: All matters relating to the maintenance of public order and security; civil defense; liaison with the Philippine National Police; organization and supervision of Barangay Tanods; implementation of local ordinances; crime prevention; human rights abuses; conduct of anti-drug abuse programs and activities; prevention of all anti-criminal activities such as terrorism, kidnap-for-ransom, car thieves, etc. within the barangay.
l) Committee on Infrastructure, Public Works and Highways
General Jurisdiction: All matters relating to planning, construction, maintenance, improvement and repair of public buildings, highways, bridges, roads, parks, shrines, monuments and other edifices; sewerage and flood control protection; irrigation and water utilities; monitoring and prevention of all illegal constructions within the barangay.
m) Committee on Transportation and Communications
General Jurisdiction: All matters relating to the establishment/improvement of tele-communication systems/networks; supervising/regulating/monitoring of all land, sea and air transportation and public utilities operating and/or conducting business within the barangay.
n) Committee on Youth and Sports Development
General Jurisdiction: All matters relating to the youth; the promotion of the youth’s moral, physical, intellectual and social ell-being and the development of sports and sportsmanship in the community; coordination with the Sangguniang Kabataan various projects, programs and activities for the youth.
Section 2. Membership and Officers. - Each Standing Committee shall have a Chairman and at least two (2) members, who shall be appointed by the Committee Chairman among the members of the Sanggunian. The Punong Barangay shall be an Ex-Officio Member of all Standing and Special Committees of the Sangguniang Barangay.
Section 3. Limitations. - No Sanggunian member shall be Chairman of more three (3) Standing Committees.
No member of a committee shall act upon or participate in any matter in which he/she has a special, direct and substantial interest.
Section 4. Special Committees. - The Punong Barangay may organize Special Committees and appoint its Chairmen as it may deem necessary. Members of the Special Committees shall be appointed by the Special Committees Chairmen.
Section 5. Vacancy. - Whenever a vacancy occurs or is declared to exist in any of the committees, the same shall be filled-up by the Punong Barangay.
Section 6. Committee Meeting or Hearing. - The committees shall determine the frequency of their meetings or hearings, provided they meet at least once a month. A majority of all members of the committee concerned shall constitute a quorum.
Section 7. Committee Reports and Orders. - Committee Reports and/or Orders on any proposed ordinance or resolution shall be considered in formal meetings and shall not be submitted to the Sangguniang Barangay unless accompanied by the Minutes of the Committee Meeting or Hearing of the committee adopted them.
When a Committee submits a report, the members thereof shall be presumed to have concurred in the report and be precluded from opposing the same, unless they have entered their objections thereto during the committee meeting or hearing.
RULE VII - ORDER OF BUSINESS
Section 1. Order of Business. - The Order of Business of the Sangguniang Barangay of Merville for every session shall be:
a) Call To Order
b) Roll Call
c) Invocation/Opening Prayer
d) Reading and Consideration of the Minutes of the Previous Meeting
e) Reading and Appropriate Action on Communications Received
f) Committee Reports
g) Calendar of Business:
1. Unfinished Business
2. Business for the Day
(Sponsorship of, and action on proposed resolutions/ordinances)
h) Announcements
i) Adjournment
Section 2. Approval of Minutes. - The Minutes of each session shall be submitted to the Sanggunian for approval.
Section 3. Calendar of Business. - The Calendar of Business shall be of the following parts:
a) Unfinished Business. - Business being considered by the Sanggunian at the time of its adjournment. Its consideration shall be resumed until such unfinished business is disposed of thereafter, the Presiding Officer shall call for the Business of the Day.
b) Business for the Day. - proposed ordinances, resolutions and other measures to be considered in the Order.
Section 4. Distribution of Order of Business. - The Order of Business shall be distributed to the members of the Sangguniang Barangay at least three (3) working days before a session.
RULE VIII - ORDINANCES AND RESOLUTIONS
Section 1. Ordinances and Resolutions, Distinguished. - Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those, which are temporary character shall be passed in the form of resolutions. Matters relating to proprietory functions and to private concerns shall also be acted upon by resolutions.
Section 2. Essential Parts of Ordinances and Resolutions. - Proposed ordinances and resolutions shall be in writing and shall contain an assigned numbers, title 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 justification for its approval. It shall be signed by the author or authors and submitted to the Barangay Secretary who shall report the same to the Sangguniang Barangay at its next session.
Section 3. Distribution of Copies. - The Barangay Secretary shall furnish copies of all proposed ordinances and resolutions to the Sanggunian members at least three (3) calendar days before a regular or special session.
Section 4. Reading and Approval of Proposed Resolutions/Ordinances. - The Barangay Secretary shall report all proposed ordinances and resolutions to the Sanggunian members for Reading and Approval during the regular or special session of the Sangguniang Barangay.
An erroneous referral of a proposed ordinance or resolution may be corrected any day after the approval of the Minutes.
Only the Chairman or Vice Chairman of the Committee to which a proposed ordinance or resolution was erroneously referred, as well as the Chairman or Vice Chairman of the Committee claiming jurisdiction over the proposed ordinance or resolution, may move that the referral be declared erroneous, and ask for its correction. However, the Presiding Officer may motu propio rectify an erroneous referral.
Section 5. Period To Report. - The Committee shall submit a report on the proposed ordinance or resolution within thirty (30) calendar days after it has been referred to it.
If the Committee Report on a proposed ordinance or resolution is favorable, it shall be included in the Calendar of Business.
If the Committee action on a proposed ordinance or resolution is unfavorable, it shall be laid on the table and, within ten (10) calendar days, notice of the action taken will be furnished to the author/s concerned stating the reasons for such action. Provided, that within five (5) calendar days after receipt of the notice, the Sanggunian may consider the Committee recommendation.
Section 6. Urgent Measures. - Any legislative matter duly certified by the Punong Barangay as “URGENT”, whether or not it is included in the Calendar of Business, may be presented and considered by the Sangguniang Barangay in the same session without the need of suspending the Rules.
The Sanggunian, likewise, may, on motion made by the Chairman or Vice Chairman of the Committee concerned, consider a proposed ordinance or resolution as URGENT and consideration thereof shall be scheduled according to a timetable.
If said motion is approved, the Sanggunian shall forthwith prepare a detailed timetable fixing the date on or before which the proposed ordinance or resolution must be reported by the Committee concerned, the number of days or hours to be allotted to the consideration of the measure, and the date or hour at which proceedings must be concluded and final vote on said measure taken.
Section 7. Final Reading, Approval and Debate. - No proposed ordinance or resolution shall be considered on “Final Reading and Approval” 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 Punong Barangay.
On the day set for the consideration of a proposed ordinance or resolution for “Final Reading and Approval”, the same shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof have been distributed earlier and such reading is dispensed with. Thereafter, the proposed ordinance or resolution shall be subject to debate and pertinent motions.
Section 8. Debate and Closure of Members. - In the discussion of any measure, a motion to close the debate shall be in order after two (2) speeches for and one against, or after only one (1) speech for has been delivered and none entered against it.
When several Sanggunian members have registered or signified their intention to speak on the matter under consideration and when said matter has been sufficiently and thoroughly discussed by the member speaking, the Presiding Officer, motu propio, or upon motion of a 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.
Section 9. Five-Minutes Rule. - After the close of debate, the Sanggunian shall proceed to the consideration of Committee amendments. A member who desires to speak for or against an amendments shall have only five (5) minutes to do so.
The “Five-Minutes Rule” shall apply, likewise, in the consideration of an amendment to an amendment, or of an amendment by substitution.
Section 10. Approval of Measure. - The Barangay Secretary shall prepare copies of the proposed ordinance or resolution in the form it was enacted/passed and shall distribute to each member of the Sangguniang Barangay a copy thereof, except that a measure certified by the Punong Barangay as URGENT may be submitted for final voting immediately after debate and/or amendments during any regular or special session of the Sangguniang Barangay.
Section 11. Final Reading. - A proposed ordinance or resolution considered by any Committee shall be immediately included in the Calendar of the next regular or special session of the Sangguniang Barangay.
No ordinance shall be approved unless its final form has been distributed to the Sanggunian members at least three (3) calendar days before its enactment, except when the Punong Barangay certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the final reading of a proposed ordinance or resolution, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter and the “yeas” and “nays” entered in the Minutes.
Section 12. Approval of Resolution. - A resolution shall be pass in the same manner prescribed for ordinances, except that it need not go through several readings for its final consideration unless decided otherwise by a majority of all the Sanggunian members.
Section 13. Majority Requirement. - No ordinance or resolution enacted/passed by the Sangguniang Barangay shall be valid unless approved by a majority of the members present, there being a quorum.
Section 14. Special Provisions on the Budget Ordinance. - The Sangguniang Barangay shall in no case, increase the appropriation of any project o program of the barangay over the amount submitted by the Punong Barangay in his/her budget proposal.
After the Punong Barangay had submitted the annual general appropriation measures, supplemental appropriation measures shall be considered only if supported by actually available funds as certified by the City Treasurer or by funds to be raised by corresponding revenue proposals included therein.
Section 15. Attestation by the Punong Barangay. - Every ordinance enacted or resolution passed by the Sangguniang Barangay shall be forwarded to the Punong Barangay for attestation. The Punong Barangay shall affix his/her initials on each and every page of the ordinance or resolution and the word “ATTESTED” shall appear with his/her signature on the last page thereof.
Within ten (10) calendar days after receipt of the ordinance or resolution, the Punong Barangay shall return the said ordinance or resolution to the Sangguniang Barangay with either his/her “ATTESTATION” or his/her “DISSENTING OPINION” to the Sangguniang Panglunsod once the said ordinance or resolution is forwarded to the Sangguniang Panglunsod for review. If he/she does not act upon it within that time, the ordinance or resolution shall be deemed approved by the Sangguniang Barangay and shall be immediately forwarded to the Sangguniang Panglunsod for final review.
Section 16. Review by the Sangguniang Panglunsod. - Within ten (10) calendar days after enactment, the Sangguniang Barangay shall furnish copies of the Barangay Ordinance to the Sanggunian Panglunsod for review, as to whether the Ordinance is consistent with law and with City Ordinances.
Failure on the part of the Sangguniang Panglunsod to take action on any Barangay Ordinance within thirty (30) calendar days from receipt thereof, said ordinance shall be presumed consistent with law and with city ordinances and, therefore, valid.
If within thirty (30) calendar days, the Sangguniang Panglunsod finds a certain Barangay Ordinance inconsistent with law or City Ordinances, the Sangguniang Panglunsod shall return the said ordinance with its comments and recommendations to the Sangguniang Barangay for adjustment, amendment or modification, in which case, the effectivity of the ordinance shall be deemed suspended.
Section 17. Enforcement of Disapproved Measures. - Any attempt to enforce, promulgate or execute any ordinance, resolution or executive order after the disapproval thereof shall be a sufficient ground for the suspension or dismissal of the official making such attempt.
Section 18. Effectivity of Enactment. - Unless otherwise stated in the ordinance or resolution, the same shall take effect after the lapse of ten (10) calendar days from the date a copy thereof is posted in a Bulletin Board at the entrance of the Barangay Hall and in at least two (2) other conspicuous places in the barangay, such as the public market, church or chapel.
Not later than five (5) calendar days after the enactment of the ordinance or passage of the resolution, the Sangguniang Barangay Secretary shall cause the posting thereof in English together with a copy translated in the dialect used by the majority of the people in the area, and shall record such fact in the book kept for the purpose, stating the dates of approval and posting thereof.
RULE IX - DECORUM AND DEBATE
Section 1. Manner of Addressing the Chair. - When a Sanggunian member desires to speak, he/she shall rise and respectfully address the Chair, “Mister/Madam Chairman” or “Mister/Madam Presiding Officer”.
Section 2. 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 first.
Section 3. Time Limit for Speeches. - No Sanggunian member shall occupy more than fifteen (15) minutes in debate on any question or speak more than once on any question without leave of the Sangguniang Barangay, except as hereinafter provided. The period of interpellation shall not be counted against the time of the member speaking.
Section 4. 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/She shall refrain from uttering words or performing acts which are inconsistent with decorum.
If it is requested that a member be called to order for words spoken in debate, the member making such request shall indicate the words excepted to, and they shall be taken down in writing by the Sangguniang Barangay Secretary and read aloud. The member who uttered such words shall not be held to answer, nor be subject to censure by the Sangguniang Barangay if further debate or other business has intervened.
Section 5. Conduct During Sessions. - During any session, the Sanggunian members shall be in proper attire and observe proper decorum. Sanggunian member who is under the influence of liquor shall not be admitted in any regular or special session of the Sanggunian.
While the Presiding Officer is addressing the Sangguniang Barangay or putting a question, no member shall walk out or cross the session hall.
Section 6. Discipline of Members. - The Sangguniang Barangay, upon the recommendation of its Committee on Rules and Ethics and with the concurrence of two-thirds (2/3) of all Sanggunian Members, may punish any Sanggunian member for disorderly behavior and suspend or exclude him/her from the session. If the penalty is suspension, this shall not exceed sixty (60) calendar days without pay. Likewise, the Sangguniang Barangay, upon the recommendation of its Committee on Rules and Ethics and with the concurrence of two-thirds (2/3) of all Sanggunian Members, may automatically expel any of its members from the Sanggunian who has been convicted with finality by any court and/or any government agency for any major criminal offenses committed. The Sangguniang Barangay, upon the recommendation of its Committee on Rules and Ethics and with the concurrence of two-thirds (2/3) of all Sanggunian Members, may further automatically expel any of its members from the Sanggunian who has been absent without official leave (AWOL) for four (4) consecutive regular sessions of the Sanggunian.
RULE X - VOTING AND MOTIONS
Section 1. A Tie on an Appeal. - A tie vote on an appeal from the ruling of the Chair sustains the decision of the Chair.
Section 2. Who May Move? - When a motion, report or proposed measure is adopted or lost, it shall be in order for a member who votes with the majority to move for the reconsideration thereof on the same or succeeding session day. Such motion shall take precedence over all other questions, except a motion to adjourn, to raise a question of privilege and a call to order.
Section 3. Recording of Motions. - Every motion shall be entered in the Minutes with the name of the members making it, unless it is withdrawn on the same session day.
Section 4. Reading and Withdrawal of Motions. - When a motion is made, the Presiding Officer shall state it before being debated. Except as herein otherwise provided, a motion nay be withdrawn any time before its approval or amendment.
Section 5. Precedence of Motions. - When a question is under debate, no motion shall be entertained except to adjourn, raise a question of privilege, declare a recess, lay on the table, or postpone to a certain day (which motions shall be decided without debate), refer, amend or postpone indefinitely (which motions shall be decided subject to the Five-Minutes Rule). Said motions shall have precedence in the foregoing order. No motion to postpone to any day certain, refer or postpone indefinitely, having failed passage, shall again be allowed in the same session day.
Section 6. Amendments. - When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order. It shall not be voted upon until the original motion or proposition is perfected. Any of said amendments may be withdrawn before a decision is had thereon.
Section 7. Rider Prohibited. - No motion or proposition on a subject different from that under consideration shall be allowed under color of amendment.
Section 8. Motion to Cover One Subject Matter Only. - No motion shall cover more than one (1) subject matter.
Section 9. Amendments of Title. - Amendments to the title of a proposed ordinance or resolution shall not be in order until after the text thereof has been perfected. Amendments to the title shall be decided without debate.
Section 10. Call To Order. - A motion to read any part of the Rules is equivalent to Call To Order and takes precedence over any motion other than to adjourn.
Section 11. Questions of Privilege. - Questions of privilege are:
a) Those affecting the rights of the Sangguniang Barangay; its safety, dignity and the integrity of its members.
b) Those affecting the rights, reputation and conduct of the members, individually, in their capacity as such members.
Subject to the “Five-Minutes Rule”, question of privilege shall have precedence over all other questions, except a motion to adjourn.
Section 12. Privileged Questions. - Privileged questions are those motions or subject matters, which under the Rules, take precedence over other motions and subject matters.
RULE XI - SUSPENSION OF THE RULES
Section 1. Who Can Move? - Only the Chairman or Vice Chairman of the Committee on Rules can move for the Members, a quorum being present.
Section 2. 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.
Section 3. Effect of Suspension. - If the Sanggunian members vote to suspend the Rules, it shall forthwith proceed to consider the measure. A two-thirds (2/3) vote of the members present shall be necessary for the passage of said measure, a quorum being present.
RULE XII - AMENDMENTS
Section 1. Amendments. - Any portion of these Rules may be amended by a two-thirds (2/3) vote of the Sanggunian members.
RULE XIII - REPEALING CLAUSE
Section 1. Repealing Clause. - All Barangay Ordinances, Resolutions, Rules and Regulations or parts thereof in conflict with the provisions of this Ordinance are hereby expressly repealed.
RULE XIV - EFFECTIVITY
Section 1. This Ordinance shall take effect immediately upon its passage by the Sangguniang Barangay of Merville, attested by the Punong Barangay.
ENACTED this 8th day of April, 2008, during the 7th Regular Session of the Sangguniang Barangay of Merville for Calendar Year 2008 held at the Barangay Merville Hall, Parañaque City, Metro Manila.
CERTIFIED CORRECT:
GLORIA C. GUTIERREZ
Punong Barangay/Presiding Officer
ATTESTED:
NESTOR P. MOSE
Barangay Secretary
PROPONENT:
ALICIA R. BENZON
Kagawad & Chairman
Committee on Rules & Ethics
CONCURRED:
(CO-PROPONENTS)
EDGAR G. CABALLERO EDDY O. CHAN
Kagawad Kagawad
DANTE A. MENDOZA JOEL M. DAYRIT
Kagawad Kagawad
PABLO L. MARQUEZ SATURNINO J. GALANG, JR.
Kagawad Kagawad
ALJOHN B. SERCADO
SK Chairman
ATTESTED:
GLORIA C. GUTIERREZ
Punong Barangay
