RULE I. THE SANGGUNIANG PANLUNGSOD
SECTION 1. COMPOSITION:
- The Sangguniang Panlungsod, the Legislative Body of the City, shall
be composed of the City VICE-MAYOR as Presiding Officer, the regular
Sanggunian Members, the President of the City Chapter of the Liga ng mga
Barangay, the President of the Panlungsod na Pederasyon ng mga
Sangguniang Kabataan.
- The regular members of the Sangguniang Panlungsod and two (2) other
Ex-Officio members aforementioned shall be elected in the manner as may
be provided for by law.
SECTION 2. POWERS, DUTIES AND FUNCTIONS:
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- The Sangguniang Panlungsod shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the City
and its inhabitants pursuant to Section 16 of the Local Government Code
of 1991 (Republic Act 7160) and the Charter of the City of Mandaluyong
(Republic Act 7675) and in the proper exercise of the corporate powers
of the City as provided for under the said acts and other laws, rules
and regulations;
- Every member shall attend all the sessions of the Sangguniang
Panlungsod unless he is prevented from doing so by reason of sickness or
other unavoidable circumstances: Provided, however, that written notice
accompanied by a medical certificate thereof shall be sent to the
Sanggunian two (2) days before the scheduled session, thru the Presiding
Officer or the Secretary of the Sanggunian, except when the reason or
cause of absence occur one day before the session or on the day of the
session itself, a mere telephone call or text message shall be
sufficient. Scheduling of other itineraries or appointments on the day
of session is hereby prohibited;
- As a general rule, every member is required to vote on every
question or proposed measure being voted upon by the Sanggunian.
Abstentions may only be allowed if it can be shown that the member
concerned has a pecuniary interest, directly or indirectly, on the
matter being acted upon by the body;
- Every member shall observe proper deportment and decorum during sessions;
- Members of the Sangguniang Panlungsod, during regular sessions, shall maintain a dress code, as follows:
- MALE: Short sleeves Barong, Long sleeves Barong or coat, with or
without tie, may be worn, at the option of the Member. Blue denim
(maong) pants are not allowed.
- FEMALE: Filipiniana or corporate attire with sleeves.
During special sessions, casual attire may be worn by the Members, both male and female.
SECTION 3. During Formal and Special Occasions, male Members may wear
long sleeves Barong Tagalog or coat and tie, at their option, while
female Members shall wear Filipiniana with sleeves.
SECTION 4. Any Member who is not properly attired shall be subject to disciplinary action.
RULE II. OFFICERS OF THE SANGGUNIAN
SECTION 1. PRESIDING OFFICER: POWERS, DUTIES AND RESPONSIBILITIES.
The City Vice Mayor, as the regular Presiding Officer of the Sangguniang Panlungsod, shall:
- Preside over all sessions of the Sanggunian with the right to vote
only to break a tie: Provided, however, that he may not be compelled to
vote to break a tie;
- Announce the business in the order in which it is to be acted upon by the Sanggunian;
- Recognize any member of the Sanggunian who is entitled to the floor;
- State all questions brought before the Sanggunian and, when
regularly moved, put the same into a vote and announce the result/s
thereof;
- Assist the Sanggunian in expediting its business compatible with the
rights of the members, allowing brief remarks in cases of pending
debatable motions;
- Participate, if he so desires, during the deliberations of the
Sanggunian: Provided, however, That, he first relinquishes his Chair as
regular Presiding Officer and yield the same to a temporary Presiding
Officer who shall be chosen by and from among the Sanggunian Members
present, there being a quorum: Provided, further, That, said
relinquishment is only for purposes of participating in such
deliberations; Provided, finally, that, after he shall have participated
therein, he shall again re-assume the Chair as regular Presiding
Officer, subject to the limitations set forth under Section 49 (a) of
the Local Government Code of 1991;
- Enforce at all times order and decorum in the Sanggunian;
- Rule on all pending questions, subject to appeal by any member/s of
the Sanggunian, which appeal shall not be debatable. Any member who
appeals therefrom shall explain his reasons therefor for not more than
five (5) minutes. Any ruling on an appeal shall be submitted to the
Sanggunian for its approval or disapproval upon a majority vote of the
members present, there being a quorum;
- Sign all Ordinances and Resolutions passed by the Sanggunian,
including all orders, proceedings and warrants issued by order of the
Sanggunian;
- Sign all warrants drawn against the City Treasury for all
expenditures appropriated for and pertaining to the operations of the
Sangguniang Panlungsod;
- Subject to Civil Service law, rules and regulations, appoint all
officials and employees of the Sanggunian, except those whose manner of
appointment is specifically provided for by law;
- Oversee the distribution of the agenda to the Sanggunian Members and
see to it that copies thereof are furnished the members at least
forty-eight (48) hours before the regular session and at least twenty-
four (24) hours in case of any special session;
- Declare the session adjourned upon a majority vote of the Sanggunian
members present or motu proprio in the event of a sudden emergency such
as fire, riots, serious disorder or when the circumstances prevailing
during any session is such as to render impossible the holding of an
orderly conduct of proceedings;
- In the event of his inability to preside at a Sanggunian session,
such as but not limited to his having been designated as Officer-
in-Charge of the Office of the City Mayor or his assumption as Acting
Mayor, the members present and constituting a quorum, shall elect from
among themselves a temporary Presiding Officer; and
- Perform such other functions, duties and responsibilities as may be
assigned or delegated to him by law or Ordinance or Resolution.
SECTION 2. SECRETARY TO THE SANGGUNIAN: QUALIFICATIONS, COMPENSATION, DUTIES, FUNCTIONS AND RESPONSIBILITIES.
The Secretary of the Sanggunian, who shall be appointed by the Vice
Mayor, shall have the same qualifications, salary and rank set forth
under the Local Government Code of 1991, the Civil Service law, rules
and regulations and other administrative issuances governing
compensation and position classification. He shall:
- Attend meetings of the Sanggunian and keep a journal of its proceedings;
- Keep the seal of the City Government and affix the same with his
signature on all Ordinances and Resolutions and other official acts of
the Sanggunian and present the same to the Presiding Officer for his
signature;
- Forward to the City Mayor, for approval, copies of duly approved
Ordinances and Resolutions dealing with local development plans and
public investment programs; furnishing the City Mayor copies of all
other approved Resolutions for his information and guidance;
- Furnish, upon request, certified true copies of records of public
character in his custody, upon payment to the City Treasurer of such
fees as may be prescribed by Ordinance;
- Record in a book kept for the purpose, all Ordinances and
Resolutions enacted or adopted by the Sanggunian, with their respective
dates of passage and publications thereof;
- Keep his office and all non-confidential records therein open to the
public during the usual business hours and determines the
confidentiality/non-confidentiality of the records;
- Translate into the dialect used by the majority of the inhabitants
all Ordinances and Resolutions immediately after their approval and
cause the publication of all approved Ordinances and Resolutions dealing
with local development plans and public investment programs thereof,
together with its original version in the manner provided for under the
Local Government Code of 1991;
- Read or cause to be read, by himself or thru a reader duly
designated by him, all proposed Ordinances, motions, memorials,
petitions and other documents which he shall report to the Sanggunian,
or when so required by the Sanggunian or the Presiding Officer;
- Notify the officers and members of regular standing and special committees of their election or creation;
- Send out proper notices of all duly called sessions, other meetings and public hearings;
- Perform such other functions as may be assigned to him by the Sanggunian or the Presiding Officer.
SECTION 3. OTHER OFFICERS
- MAJORITY LEADER. There shall be a Majority Leader who shall be
chosen from within the ranks of the dominant party and whose functions
are as follows:
- He shall approve matters for inclusion in the agenda: Provided,
however, that any proposed legislation or matter not included in the
agenda shall be calendared upon written petition of a majority of the
members of the Sanggunian;
- He shall move for approval of any item in the agenda or for
reference thereof to the corresponding committee, his motion to this
effect requiring no second: Provided, however, that if the motion is
objected, the same yields to the motion, duly seconded, of any member of
the Sanggunian;
- He shall be responsible for assigning speakers belonging to the
dominant party to sponsor any particular piece of proposed legislation
during sessions; and
- He shall be responsible for planning, parliamentary strategies on
the floor, assigning speakers belonging to the dominant party during
debates and lining up of members behind partisan issues.
- DEPUTY MAJORITY LEADER. He shall be chosen from within the ranks of
the dominant party and the deputy shall act and perform the functions of
the Majority Leader in his absence. He shall affix his signature on all
payroll sheets of co- terminous employees of the Sangguniang
Panlungsod.
- MINORITY LEADER. He shall be chosen from within the ranks of the
minority party or parties who shall be responsible for planning
parliamentary strategies of their group including the lining-up of
speakers during debates.
SECTION 4. SANGGUNIAN MACE. There shall be a Sanggunian Mace to be
displayed during every session, Special or Regular, of the Sanggunian.
The Sergeant-at-Arms of the Sangguniang Panlungsod shall take custody
and safekeeping thereof and shall be responsible for bringing it to the
Session Hall during any session.
RULE III. SESSIONS AND QUORUM
SECTION 1. SESSION
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- A session is a meeting which, although lasting for several hours, is considered as one meeting.
The Sanggunian shall meet in regular sessions at least once a week
for transacting official business and, when public interest so demands,
such number of special sessions as may be called by the City Mayor or by
a majority of all the Sanggunian Members. Unless the Sanggunian orders
otherwise, Regular Session shall be held every Monday at exactly One
o’clock (1:00) in the afternoon.
-
- All Sanggunian sessions shall be open to the public unless a
closed-door session is ordered by an affirmative vote of a majority of
the members present, there being a quorum, in the public interest or for
reasons of security, decency, or morality. (No two sessions, regular or
special, may be held in a single day).
- In the case of special sessions of the Sanggunian, which shall be
held at a specified date and time, a written notice to the Members shall
be served personally or constructively at the latter’s office or usual
place of residence at least twenty-four (24) hours before the special
session is held.
Unless, otherwise, concurred in by two-thirds (2/3) vote of the
Sanggunian Members present, there being a quorum, no other matters may
be considered at a special session except those stated in the call and
contained in the notice.
SECTION 2. OPENING AND ADJOURNMENT OF SESSIONS
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- The Presiding Officer shall open the session by calling the
Sanggunian to order and, motu proprio or when so requested by any Member
of the Sanggunian, shall order the roll call.
Any session shall not be suspended or adjourned except when so
directed by a majority of the Members of the Sanggunian but the
Presiding Officer may, in his discretion, declare a recess of short
intervals as when the arguments get heated up so that protagonists in a
debate can talk things out informally and obviate dissention and
disunity; Provided, however, that the Chair may motu proprio suspend or
adjourn the session when the same became unruly or uncontrollable.
The exact hour of opening and adjourning of each session shall be entered in the Minutes of the Meeting of the Sanggunian.
SECTION 3. QUORUM
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- A majority of all the Members of the Sanggunian, who shall be those
referred to in Section 1, Rule 1 hereof and provided that they have been
duly elected and have qualified, shall constitute a quorum to legally
transact Official Business. A quorum is, thus, the fixed number of
members present at a session which is legally sufficient to transact the
business of the Sanggunian even if other members are absent.
In computing the presence of a quorum in the Sanggunian, a member who
is abroad on official leave of absence, has died or resigned, suspended
from office, expelled from the session or removed from office by final
judgment shall be excluded therefrom.
-
- Should a question of quorum be raised during a session, the
Presiding Officer shall immediately proceed to call the roll of the
Members and forthwith announce the results.
Where there is no quorum, the Presiding Officer may declare a recess
until such time as a quorum is constituted, or a majority of the members
present may adjourn from day-to- day and may compel the immediate
attendance of any member absent without justifiable cause by designating
a member of the Sanggunian, to be assisted by a member or members of
the police force assigned in the territorial jurisdiction of the City of
Mandaluyong, to arrest the absent member and present him, at the
session.
If there is still no quorum despite the enforcement of the
immediately preceding paragraph, no business shall be transacted by the
Sanggunian. The Presiding Officer, upon proper motion duly approved by
the members present, shall then declare the session adjourned for lack
of quorum.
RULE IV. ORDER OF BUSINESS IN THE SANGGUNIAN
SECTION 1. ORDER OF BUSINESS
The order and calendar of business for each session of the Sangguniang Panlungsod shall be as follows:
- Call to Order;
- Prayer;
- Singing of the National Anthem (mandatory);
- Roll call;
- Reading and Approval of the Minutes of the preceding session;
- Privilege Speech;
- Business of the Day;
- Reading and reference to the corresponding committees of all
communications, petitions, memorials, endorsements, memoranda, motions,
etc.;
- Committee Reports on all Communications, etc. Previously referred to the Committees;
- Committee reports, if any, on the proposed Resolutions and Ordinances earlier referred to it;
- First Reading and reference to Committees of proposed Resolutions/Ordinances;
- Draft Resolutions and Ordinances on Second Reading;
- Draft Resolutions and Ordinances on Third Reading;
- Announcements/Other Matters;
- Adjournment.
SECTION 2. DEVIATION FROM THE ORDER OF BUSINESS
Deviation from the prescribed Order of Business may be done only under the following circumstances:
- When the Sanggunian decided to suspend the rules thru an “assumed
motion” by the Chair or thru a motion to suspend the rules by a member.
In any case, the decision to suspend the rules shall require the vote of
a majority of the Members present, there being a quorum;
- When the measure to be acted upon by the Sanggunian is certified by
the City Mayor as urgent, it shall have priority over all other items of
business, and shall be considered without need of suspending the rules
or even if it is not included in the business of the day.
SECTION 3. AGENDA (Deadline of submission to the Secretariat shall be every (Thursday) at 12:00 noon)
Matters that may be taken up in the session of the Sanggunian shall
be limited only to those items listed in the Agenda, the nature and
substance of which must be described, except the following:
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- After the reading of the minutes and actions taken thereof, any
member desiring to deliver a privilege speech may, after registration
with the Majority Leader and with prior permission of the Presiding
Officer, speak for not more than fifteen (15) minutes:
Provided, however, that if more than one (1) member registers for
this purpose, each speaker shall be limited to only ten (10) minutes.
Provided, further, should circumstances warrant, the Presiding Officer
may further reduce the number of speakers.
-
- With the consent of a majority of the Sanggunian Members present,
there being a quorum, urgent matters may be submitted on the floor.
Urgent matters are such which involve public interest, the delay in
the consideration of which shall prejudice essential activities of the
government.
The Agenda shall be distributed to all the Members of the Sanggunian
at least two (2) days immediately preceding any regular session and at
least one (1) day preceding any special session.
RULE V. LEGISLATIVE PROCESS
SECTION 1. ITEMS IN THE AGENDA
Any motion, measure or proposal appearing in the Agenda for reference
to the corresponding committee shall, prior to final action, be
subjected to debate, discussion or amendment.
SECTION 2. PROPOSED LEGISLATIVE MEASURES, FORMS
Proposed Ordinances and Resolutions shall be in writing and shall
contain an assigned number, a title or caption, an enacting or ordaining
clause, and the date of its proposed effectivity. In addition, every
proposed Ordinances/Resolutions may 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 Sanggunian
Secretary who shall report the same to the Sanggunian at its next
meeting or as may be included in the Agenda in any session.
No Ordinance or Resolution shall be considered on Second Reading in
any regular meeting unless it has been reported out by the proper
committee to which it was referred to or certified as urgent by the City
Mayor.
SECTION 3. PROCEDURES IN THE ENACTMENT/PASSAGE OF ORDINANCES AND RESOLUTIONS.
- Before an Ordinance may be finally enacted, it shall undergo three readings, as follows:
-
- FIRST READING. It shall consist of the reading by the Sanggunian
Secretary of the number and title of the proposed Ordinances/Resolutions
and the name of its author or authors or the name of the member/s
introducing them, after which it shall be referred by the Presiding
Officer to the appropriate committee/s without debate.
Explanatory speech by the Author shall not exceed five (5) minutes
and may only be allowed after the reading of the particular matter as
appearing in the Agenda.
- SECOND READING. At this stage, any proposed Ordinances/ Resolutions
that has already been reported out by the concerned Committee and has
been calendared for “Second Reading” may be sponsored by the reporting
Committee Chairman or any committee member designated for that purpose.
The proposed Ordinances/Resolutions may no longer be read in full unless
the sponsoring Committee or the Sanggunian itself decides otherwise.
After the usual sponsorship speech has been delivered, the proposed
Ordinances/ Resolutions shall be subjected to debate and then to any
amendments and all other proper parliamentary motions, including the
approval on second reading.
- THIRD (FINAL) READING. At this stage, the Secretary of the
Sanggunian shall read the proposed Draft Ordinances/ Resolutions by its
number, title and the name of its sponsor or sponsors. Immediately
thereafter, the Presiding Officer shall put the proposed measure to a
vote and shall then formally announce the result thereof and direct the
Secretary to enter it in the record. No further debate or amendment
shall be allowed during the third reading.
- A Resolution shall be enacted in the manner prescribed for an
Ordinance but it need not go through a Third Reading for its final
consideration unless it partakes of the nature of an Ordinance or unless
decided otherwise by a majority vote of all the members;
- The Sanggunian Secretary shall prepare copies of the proposed
Ordinance or Resolution in the form it was passed on Second Reading and
shall distribute to each Sanggunian Member a copy thereof, except that a
measure certified by the City Mayor as urgent may be submitted for
final voting immediately after debate or amendment during the second
reading;
- Any legislative matter duly certified by the City Mayor as urgent,
whether or not it is included in the calendar of business, may be
presented and considered by the Sanggunian at the same meeting/ session
without need of suspending the rules;
- Upon the passage of all Ordinances and Resolutions directing the
payment of money or creating liability, and at the request of any
member, the Sanggunian shall record the ayes and nays;
- Each approved Ordinance or Resolution shall be stamped with the seal
of the Sanggunian and recorded in a book kept for the purpose.
SECTION 4. SUBMISSION OF ORDINANCES AND RESOLUTIONS TO THE CITY MAYOR.
All duly enacted Ordinances shall be submitted to the City Mayor for
his approval and, insofar as Resolutions are concerned, only those which
deal with local development plans, and public investment programs. Out
of courtesy, however, the City Mayor shall be furnished copies of all
other approved Resolutions for his information and guidance.
RULE VI. M I N U T E S
SECTION 1. THE MINUTES OF THE SANGGUNIAN.
- The Minutes shall be the official repository of what transpired
during the proceedings of the Sanggunian. It shall comprise a clear and
succinct account of the business transacted and the actions taken
thereon.
- The Minutes shall contain the following:
- Nature of session held;
- Name of the Sangguniang Panlungsod of the City of Mandaluyong;
- Date, time and place of session;
- Proper Statement of Presence of Presiding Officer and members;
- Statement whether Minutes of previous sessions were approved,
readings dispensed with and the dates of said session, citing
corrections;
- Title, number and authors of every Resolution or Ordinance. If the
Resolutions or Ordinances were not approved unanimously, a brief
statement of the minority opinion; nominal voting;
- All main motions, except those withdrawn;
- Points of order and appeals, whether sustained or lost;
- Veto message of the Mayor, in full;
- Time of meeting and adjournment.
SECTION 2. SIGNING OF THE MINUTES. The original copy of the Minutes
shall be signed by the Sanggunian Secretary, as authenticated by the
Presiding Officer. The Minutes shall be entered in a good well-bound
record book with the corresponding date of approval or disapproval
properly placed therein. The Excerpts to be taken out of the Minutes
shall be certified and attested to as correct by the Presiding Officer
or the Secretary.
RULE VII. VOTES AND VOTING
SECTION 1. VOTING ON THE QUESTION. Whenever a nominal voting or roll
call voting is being applied, the Secretary of the Sanggunian shall call
the roll of members either in alphabetical order, by rank, or by
representative district. As each name is called, the Member shall
announce his vote by stating “yes” or “no”, as the case may be. If he so
desires or when requested by a majority of the Members of the
Sanggunian, a member may explain his vote but not to exceed five (5)
minutes.
A second roll call may be requested by any Member from the Chair but
this time only the names of those who failed to vote shall be called, in
order to give another opportunity to those who failed to cast their
vote to exercise their right and also to determine the number of Members
who might have violated the rule on abstention. After the second roll
call, no other request of the same kind shall be entertained by the
Chair.
SECTION 2. VOTING RESTRICTION. No Member can vote or be allowed to
vote on any measure in which he or any of his relatives within the third
degree of consanguinity or affinity has a direct or personal pecuniary
interest on the measure subject thereof. This does not, however,
preclude any Member from voting for himself for any position within the
Sangguniang Panlungsod.
SECTION 3. CHANGE OF VOTE. A Member may change his vote but only when
the result of the voting has not yet been announced by the Chair.
Otherwise, he can change his vote by a unanimous consent of the
Sanggunian Members present: Provided, however, that this rule shall not
be applied if voting is by ballot.
SECTION 4. VOTE BY LATE-COMER. A Member who came in late during the
session but who happens to arrive while voting is in progress shall be
allowed to vote: Provided, however, that the result of such voting has
not yet been announced by the Chair or the Presiding Officer.
SECTION 5. ALLOWABLE MOTION DURING VOTING. Except for a motion
pertaining to a question of quorum, no other motion shall be entertained
by the Chair while voting is in progress.
SECTION 6. THE VOTE; BREAKING A TIE.
- A tie vote resulting from a vote taken on any motion, measure or
proposal shall be construed to mean that the particular motion, measure
or proposal is defeated unless the Presiding Officer decides to break
it;
- In case of tie, the Presiding Officer may cast his vote but he shall
not in all cases be allowed to vote in order to create a tie;
- A Temporary Presiding Officer shall be subject to the same voting limitations as the regular Presiding Officer.
SECTION 7. ABSTENTIONS. Abstention, if ever allowed to a Member,
shall not be considered in computing the majority vote. Mere silence or
abstention are not the equivalent of affirmative or negative votes.
SECTION 8. RECONSIDERATION. When a report, motion, resolution or
proposed legislative measure has been adopted or lost, only a Member who
voted with the prevailing side shall be entitled to present a motion
for reconsideration when the matter is still within the control of the
Sanggunian:
Provided, however, that a Member who voted with the minority may
present a motion for reconsideration, if duly seconded by a Member from
the prevailing side: Provided, finally, that any Member who abstains
from voting shall have absolutely no right to ask for reconsideration.
RULE VIII. RULES ON DEBATES AND AMENDMENTS
SECTION 1. GENERAL RULES.
- No Member shall speak before the Sanggunian without first obtaining
the floor. A Member who has obtained the floor shall address all his
remarks to the Chair or the Presiding Officer and shall conduct himself
with proper decorum by confining his remarks or arguments to the
question under debate and by avoiding personalities;
- While having the floor, a Member may be interrupted in his speech or
talk by the Presiding Officer to state a point of order, to respond to
questions from the floor, to clarify something related to the issue
being discussed or to make certain remarks within his privilege;
- The speaker may also be interrupted by another Sanggunian Member if
the latter desires to ask questions thru his privilege to interpellate
and by proposing the following motions: point of order, point of
information, point of parliamentary inquiry, call for orders of the day,
divide the assembly, raise a question of privilege, reconsider, or
appeal from the decision of the Chair: Provided, however, that the
speaker being interpellated may decline to answer questions;
- All questions addressed to the Speaker or the Member having the floor shall always be coursed thru the Presiding Officer;
- While the period of debate is in progress, no Member shall roam
around the session hall or leave the premises without the permission of
the Presiding Officer;
- Whenever the Presiding Officer is addressing the Sanggunian, no
member shall leave his seat nor interrupt the former in his talk;
- Before any matter shall be debated upon, a motion should first be made, duly seconded and stated by the Chair;
- Only the Chair can rule on any verbal motion, otherwise, the Chair
shall state the question before the Sanggunian for consideration and
approval;
- Any member may modify a motion through suggestions. The movant, with
the consent of the “seconder” shall have the right to make such
modifications as he pleases or withdraws in his entirety a motion before
the Presiding Officer states the question;
- The Presiding Officer shall be the sole authority to recognize any
Member by announcing the latter’s name as a sign of recognition to the
floor;
- When two or more Members rise at the same time, the Member whose
name is first called by the Chair shall be entitled to the floor;
- Any Member sponsoring any measure under consideration may open and
close the debate where general debate has been ordered thereon;
- Words desired to be excepted by any Member shall be stated aloud by
the Presiding Officer: Provided, however, That the Member who uttered
the same shall not be held to answer nor be subject to censure by the
Sanggunian if further debate or another business intervenes.
SECTION 2. DISCUSSION, INTERPELLATION. Main speeches during the
discussion of any measure shall be limited to twenty (20) minutes for
each speaker while rebuttal speeches shall be limited to ten (10)
minutes. A motion to close the debate is in order if three (3) Members
have already spoken in the affirmative side and two (2) in the negative
side, or only one (1) Member has spoken in favor but none against it:
Provided, however, That if no Member moves to close the period of
debate, the Presiding Officer, motu proprio, may use the “assumed
motion” in order to close the period of debate.
If said motion is approved, the Sanggunian shall then proceed to
consider amendments under the five (5)-minute rule. Only one (1) Member
is allowed to deliver a speech in favor and another against the
amendments. Any Member desiring to propose an amendment shall also be
allowed five (5) minutes and another opposing it another five (5)
minutes, after which discussion shall be terminated.
The Sanggunian may, by a vote of the majority of the Members present,
close all debate at any time during the debate on all other amendments,
the motion for which shall not be debatable. This does not, however,
preclude further amendments to be decided without debate.
After the period of general debate is closed and the amendments
disposed of, the main measures shall be voted upon for final approval.
No Member shall be allowed to deliver more than one main speech or
one rebuttal speech during the consideration of any motion, measure or
proposal.
SECTION 3. MOTIONS AND THEIR PRECEDENCE. Unless withdrawn by the
author on the day of submission, every written motion filed shall be
included in the agenda.
- When a verbal motion is presented, the Presiding Officer shall state
the same to the Council. If in writing, he shall cause it to be read by
the Secretary before being debated upon. The motion shall then be
considered as having been brought to the attention of the Council. It
may be withdrawn at any time before a decision is made thereon or any
amendment to it is presented thereto;
- If there are questions under debate, no other main motions, except
to adjourn, to declare a recess or to lay on the table, shall be
entertained. These latter motions shall be decided without debate;
- Motions to postpone to a certain day, to defer or to postpone indefinitely shall have precedence in the foregoing order;
- No motion to postpone to a certain day, to defer or to postpone
indefinitely, which having failed of passage, shall again be allowed on
the same day and at the same stage of the question;
- When a general debate on a motion or proposition is closed, a motion
to amend an amendment shall be in order. It shall also be in order to
offer a further amendment by “substitution”; provided, however, that the
latter shall not be voted upon until after the original motion or
proposition is disposed of. Any amendment may be withdrawn before a
decision is made thereon;
- No motion or proposition on a subject different from that under consideration shall be admitted under color of amendments;
- Before a question could be the subject of discussion, such question,
on motion duly seconded, shall be divided if it includes propositions
so distinct in substance that when one is taken away, another
substantive proposition remains;
- A motion to strike out and insert is indivisible but a motion to
strike out being lost, shall neither preclude amendment nor motion to
strike out and insert;
- A motion to read any part of the Rules is equivalent to a call to
order and shall take precedence over any motion except to adjourn;
- When voting on a motion is not debatable, no other remarks will be entertained by the Chair when a Member casts his vote.
SECTION 4. QUESTIONS OF PRIVILEGE, PROCEDURE. Questions relating to
the rights and privileges of the Sanggunian or to any of its members
shall take precedence over all motions except motions relating to
adjournment and recess.
- QUESTIONS OF PRIVILEGE: What constitutes:
- Questions of such urgency and requiring immediate action may
interrupt a Member’s speech. Example, when any motion or report that is
being read cannot be heard in a part of the Session Hall.
- Questions of personal privileges must relate to one as a Member of
the Sanggunian or else relate to charge against his character which if
true, would disqualify him from becoming a Member of the Sanggunian.
- PRIVILEGES OF THE SANGGUNIAN:
- Those relating to the organization of the Sanggunian;
- Those relating to the comfort of the Members of the Sanggunian like seating, lighting, ventilating, etc., of the Session Hall;
- Those relating to the freedom from noise and conduct of officers or other employees;
- Those relating to punishment of a Member for disorderly conduct or other offenses;
- Those relating to the accuracy of published reports of proceedings.
- PRIVILEGED QUESTION: WHAT ARE INCLUDED: Privileged questions shall
include, besides question of privilege, call for the order of the day
and privilege motions relating to adjournment and recess.
- A call for the order of the day shall be a demand that the
Sanggunian conform to its order of business, a motion to the effect
requiring no second;
- Any member shall have the right to demand that the order of business be conformed to;
- Any member who shall call for the order of the day when there is no
deviation from the order of business shall be declared out of order.
RULE IX. RULES ON MOTIONS
SECTION 1. MOTIONS RELATING TO A COMMITTEE REPORT. All motions
relating to a Committee Report, if presented or proposed by the
reporting Committee Chairman or Member, shall need no second.
SECTION 2. OUT OF ORDER, EXCEPTION. If any Sanggunian Member has the
floor, whether or not he is speaking, a motion to adjourn shall be ruled
out of order: Provided, however, that when there is no quorum present, a
motion to adjourn or to declare a recess is in order so long as nobody
else has the floor.
SECTION 3. PRIVILEGED MOTIONS. All privileged motions may be proposed
even if there is a pending motion or question before the Sanggunian.
SECTION 4. MOTION TO AMEND. A motion to amend (amendment of the first
degree) and a motion to amend an amendment (amendment of the second
degree) may be withdrawn but only before a decision is made thereon.
RULE X. COMMITTEES OF THE SANGGUNIANG PANLUNGSOD
SECTION 1. COMMITTEES, DEFINITION, LIMITATION.
- A Committee constitutes five (5) persons appointed, designated or
elected as Chairman, Vice-Chairman and as Members by the Sanggunian to
consider, investigate, recommend or take appropriate action on matters
or subjects referred to it;
- The Presiding Officer may be a member of any Standing Committee;
- A committee shall be composed of a Chairman, Vice Chairman and three
(3) members as may be determined by the Sanggunian but always in the
odd numbers;
- Ex-officio members of the Sangguniang Panlungsod, i.e., the Barangay
and youth representatives, shall not participate in the organization of
the various Standing Committees in the Sanggunian or vote in the
election of its Chairmen and Members: Provided, however, that they shall
be assured of their respective Chairmanship of the Committees which
they represent as provided for under the Local Government Code of 1991
and its Implementing Rules and Regulations.
SECTION 2. COMMITTEE PROCEDURE. The Committee shall function as follows:
- The Chairman shall from time to time convene the committee to a
meeting: Provided, however, that if the Chairman is absent or shall
neglect or decline to convene such meeting, the Vice-Chairman or members
constituting a majority shall proceed therewith;
- Any person shall have the right to appear at committee meetings and
present his view on the matter before it, at such reasonable time and
upon request, as the committee may schedule;
- During final deliberations, no person shall be present except the
committee members and such employees of the Sanggunian as are necessary
to facilitate the performance of its functions;
- All questions before the committee shall be put into a vote unless otherwise previously agreed upon;
- After final deliberations and voting, the Chairman of the committee
shall prepare, for submission to the Sanggunian, a report to be signed
by its Chairman and Members recommending either to file it in the
archive or to Calendar the Measure for second reading presenting all
amendments tackled during the hearings. Any member dissenting therefrom
shall submit in writing his reasons therefor; Provided, however, that if
by reason of urgency, a verbal report is submitted by a Chairman to the
Sanggunian, said verbal report shall be considered the report of the
committee unless objected to by at least three (3) members of the
committee concerned.
SECTION 3. SPECIAL COMMITTEE. There shall be a Special Committee
created from time to time by the Sanggunian for special purpose or
purposes. Special Committees shall cease to exist as soon as the
Sanggunian shall have received their respective reports. Special
committees shall be independent of other committees but may adopt the
procedure prescribed in the preceding section.
SECTION 4. STANDING COMMITTEES OF THE SANGGUNIAN.
A standing committee created in the Sanggunian is composed of not
more than five (5) members but not less than three (3) including the
Chairman and Vice-Chairman, drawn from the Sanggunian Membership and
assigned to address a specific area in local legislation. The selected
members of the Committee are presumed to be experts in the area of
responsibility of a particular committee.
Considering the size of a Sanggunian Committee, greater freedom of
discussion is possible and fewer opinions advanced during committee
deliberations and thereby obviate confusion that is likely to happen in a
larger Body.
Committee deliberations are less formal thus making the transaction
of a business more expeditious and the relationship more cordial.
Unless otherwise agreed upon, the Sanggunian shall constitute the
following standing committees, with powers and prerogatives hereunder
stated:
- COMMITTEE ON BARANGAY AFFAIRS
- With general jurisdiction over:
- All matters pertaining to the creation, division or merger of
Barangays, review of Barangay enactments and generally, all barangay
affairs;
- Study and recommend measures that will develop leadership and
involvement of barangay officials in governmental programs and projects;
attend to all queries and complaints related to Barangay matters;
formulate policies that will strengthen the Liga ng mga Barangays; to
hear and cause the amicable settlement of boundary disputes involving
two (2) or more barangays in the City;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON EDUCATION, ARTS AND CULTURE
- With general jurisdiction over:
- All matters related to education, arts and culture, i.e., city
public schools, colleges and universities and museums; its maintenance,
tuition fees, school projects, non-formal and community adult education;
scientific and technological research; naming of schools and
maintenance of city libraries;
- Naming of streets;
- All matters pertaining to the promotion of culture and the arts;
development and advancement, preservation and enrichment of Filipino
arts and culture; inculcation of patriotism and nationalism among the
youth and their involvement in public and civic affairs;
- d. Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON ENVIRONMENTAL PROTECTION, TECHNOLOGY AND URBAN PLANNING
- With general jurisdiction over:
- All matters pertaining to human ecology and settlements; zoning and
human settlement planning; the protection of the environment against
destructions and pollution control law and other laws for the protection
and advancement of the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature and modern
technology; zoning and human settlement planning, exploration,
development, utilization and conservation of natural resources,
including flora and fauna; beautification, cleaning and greening of
parks and places of public interest;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON HEALTH, SANITATION AND PUBLIC WELFARE
- With general jurisdiction over:
- All matters relating to the health, and welfare of the residents,
including measures mandatory to existing city Ordinances and Resolutions
on sanitation and hygiene, health centers, medical hospitals and
clinics, purchase of medicine and other allied health and sanitation
measures;
- Study and review proposals, projects and programs pertaining to the the health awareness of constituents;
- Conduct studies, programs and projects pertaining to health development, nutrition, population and other related areas;
- Establish venues for seminars and meetings/sessions and as feeding centers and immunization centers for children;
- Coordinate with local, regional and national government offices on projects, plans and activities on health services;
- Formulate measures for dealing with health problems such as spread of communicable diseases;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON LABOR, EMPLOYMENT, CIVIL SERVICE AND MANPOWER DEVELOPMENT
- With jurisdiction over:
- All matters pertaining to management and labor relations; labor
disputes and conciliation; maintenance of industrial cooperation; labor
education, standards and statistics;
- All matters relative to the problems of labor employment and
manpower development; unemployment, under- employment and subject to the
provisions of the Labor Code, and employer-employee relations;
organization of labor market, including recruitment, training and
placement of workers and employment, manpower promotion and development
of labor intensive technology; establish and implement training and
development for the labor force; encourage the establishment of
vocational and technological schools; coordinate with the local, as well
as national offices of the POEA in the hiring of manpower for overseas
employment; establish programs of education and training for
out-of-school youth and coordinate with civic organization in the hiring
and employment of deserving youths; conduct studies and researches on
employment problems, wages and conditions of work of women and youth
workers;
- The appointments extended by the City Mayor pursuant to paragraph
(d), Section 454, Chapter 2, Republic Act No. 7160 otherwise known as
“The Local Government Code of 1991”;
- d. Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON LANDED ESTATES
- With general jurisdiction over:
- All matters relating to landed estates, acquisition, management of
real property/ies, assessments, housing projects and award thereof to
qualified applicants;
- Study and review proposals, projects and programs, pertaining to the
use of land within the City’s jurisdiction; disseminate information and
literature pertaining to land use; review barangay land use plan in
consonance with the City’s land use plan;
- All matters pertaining to the legality, validity and enforceability
of measures or proposals as well as all matters relating to the legal
aspects of action taken by or submitted to the Sanggunian;
- Perform such other functions as the Sanggunian may adopt.
- 7. COMMITTEE ON LAWS, RULES AND HUMAN RIGHTS
- With general jurisdiction over:
- All matters pertaining to the Rules of the Sanggunian; creation and
organization of Committees; the conduct, rights, privileges, safety,
dignity, integrity and reputation of the Members, the order and manner
of transacting business and the creation of committees;
- The implementation of national laws and enforcement of local
Ordinances, revision and interpretation of the Sanggunian Internal Rules
of Procedure; codification misfeasance, malfeasance and nonfeasance
against local officials and employees; committees and their
jurisdiction; and privileges and disorderly conduct of the members of
the Sanggunian;
- All matters pertaining to the protection of the natural and legal rights of every person;
- Disseminate information and literature pertaining to human rights;
- Initiate seminars and lectures on the protection and promotion of human rights;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON LIVELIHOOD, COOPERATIVES AND MARGINALIZED SECTORS
- With general jurisdiction over:
- All matters pertaining to the promotion, establishment and operation
of cooperatives among city employees, drivers and other entrepreneurial
groups for the benefits of their members including the development and
promotion of small and medium scale industries within the territorial
jurisdiction of the City;
- Conduct surveys and researches and development programs that will
promote the organization of cooperatives and establish livelihood
measures, if possible in all Barangays of the City; conduct studies and
recommend livelihood programs that would enhance the living standards of
the poor;
- Coordinate with local, regional and national cooperative agencies
for proper and effective implementation of policies and programs on
cooperatives;
- Conduct evaluation and review of all beneficiaries of the livelihood program of the City Government;
- In coordination with the City PESO and other agencies concerned,
conduct a study and formulate programs and projects designed to improve
existing livelihood programs and the identification of possible
resources;
- Recommend any measures intended to improve and develop the sector;
- All matters pertaining to the welfare and protection, livelihood
projects, skills training and upgrading of marginalized groups: i.e.,
the elderly citizens, as well as all programs beneficial to their
organization; study and review existing, as well as proposed, government
policies, programs and projects affecting the urban poor; formulate
measures to protect and uphold the rights and welfare of persons with
disabilities;
- Establish a regular consultative meeting with the 27 Barangays of
the City and/or initiate livelihood seminars and information
dissemination on livelihood program of the City Government;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON PEACE AND ORDER, PUBLIC SAFETY AND FIRE PROTECTION
- With general jurisdiction over:
- All matters concerning the police and fire stations including its officers and men, fire prevention and control measures;
- All matters pertaining to traffic laws, rules and regulations and
its enforcement; investigate any and all wrong doings or violations that
may have been committed by public service utilities;
- Establish policies and procedures pertaining to the imposition of
fines and penalties for the violation of City Ordinances and contracts
made with the City Government by the public service utilities;
- Study and review all project proposals recommended for the
implementation of public service utilities, their continued existence,
cancellation of franchise or permits, expansion and/or improvements;
- All matters pertaining to the City Jail, its management and inmates;
- All matters pertaining to the prevention and/or suppression of
lawlessness, riot, violence, rebellion or sedition and public disorder;
- All matters pertaining to the delivery of basic services such as, but not limited to, collection and disposal of garbage;
- Formulate management and control programs for the efficient and
effective operation of the City public market, including “talipapa” and
other economic enterprises; implement proper allocation and assignment
of stalls and spaces in the public market and of concessionaries in
“talipapa”; formulate a system of rental allocation for every available
market spaces authorized for lease; conduct a continuing program of
research and development in the field of market operation;
- Regulation and maintenance of (public markets), slaughterhouse,
public cemetery and similar public facilities owned by the City
Government;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON PUBLIC WORKS, GAMES AND AMUSEMENTS
- With general jurisdiction over matters:
- Relating to the planning, construction, maintenance, improvement,
repair and upkeep of public buildings, highways, roads/streets and
bridges, parks, monuments, playgrounds, and other public
edifices/properties; drainage, sewerage and flood control and
protection; irrigation and water utilities; donation, lease, exchange or
expropriation of lands, subdivisions, building permits, amendments to
zonification and other public improvement projects; conduct a continuing
program of research and development in the field of parks operation;
undertake regular inventories of city properties;
- Conduct studies pertaining to the following areas but not limited
to: professional basketball, cockfighting, lotto, casino, professional
boxing, carnival, concert; evaluate all applications to hold above-cited
games/amusements thru committee hearings before the grant of permit;
regulate the above- mentioned areas and the supervision of such
activities; determine the effects of such activities on the social and
moral values of the people both the short and long term results;
formulate policies and measures that will afford safety and protection
of the public against such activities; regularly inspect such
establishments to ensure the proper and effective implementation of
policies and measures;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON SPECIAL PROJECTS AND ACTIVITIES AND TOURISM
- With general jurisdiction over:
- All matters involving special projects and activities;
- Develop and promote the City of Mandaluyong as one of the tourist spots in Metro Manila;
- Monitor conditions in all hotels, restaurants and resorts to ensure
that they maintain standards as set forth by the Department of Tourism;
- Formulate and publish an information brochure on the City of
Mandaluyong and ensure proper and effective dissemination of same to all
agencies concerned;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON TRADE, COMMERCE & INDUSTRY, APPROPRIATIONS AND WAYS AND MEANS
- With jurisdiction over all matters pertaining to:
- The promotion of trade, commerce and industry, establishment and
operation of all kinds of trade and industry, and other economic
enterprises within the City; formulate incentive plans and programs that
would encourage and motivate businessmen and large corporations to set
up/establish their business complexes/branches/subsidiaries within the
City; study, recommend and initiate trade fairs and commercial displays
to improve commercial and trade communication;
- All matters pertaining to approval of the budget; appropriation of
funds or payment of obligations/expenditures of the City Government and
for the payment of public indebtedness, claims against the government,
appropriation of public funds and matters pertaining to public
expenditures; determination of compensation of personnel; reorganization
of local offices; allocation of funds for projects and other services;
- All matters pertaining to revenue taxes, fees, charges, loans;
- Study and revision of tax measures and generation of other sources
and forms of revenue from both public and private sectors, including
codification of revenue Ordinances;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON TRANSPORTATION, COMMUNICATION AND TELECOMMUNICATION SERVICES
- With general jurisdiction over all matters related to planning,
modernization, installation and construction of transportation and
telecommunications facilities; the granting of franchise to public
utility jeepneys, tricycles, radio and TV, cables and other
communication services and all matters related to land, river and air
transportation facilities.
- COMMITTEE ON WOMEN & CHILDREN, FAMILY RELATIONS AND SOCIAL SERVICES
- With general jurisdiction over:
- Conduct studies, researches and programs for the upliftment of
family, gender development and women relationship; formulate measures
that will enhance the dignity and image of our women; ensures the
effective implementation of all programs, measures and related
Ordinances that protect family and women’s right; formulate measures
that will enhance the dignity of the family, protection of women and
family; initiate seminars and lectures to strengthen the moral values
and social responsibilities of women and parents, measures to protect
working women by providing safe and healthful working conditions, taking
into account their maternal functions and such facilities and
opportunities that will enhance their welfare and potentials, protect
women’s rights and welfare, gender and development, family welfare and
the protection and enhancement of the rights of all the people of human
dignity, including assistance for proper care and nutrition and special
protection from all forms of neglect, abuse, cruelty, exploitation and
other conditions prejudicial to their development; measures to protect
the rights of families or family associations to participate in the
planning and implementation of policies and programs that affect them;
and other assistance that will safeguard the development of women;
- Formulate policies and to conduct studies and researches involving
children; formulate programs and measures that will better enhance the
dignity, image and socio-economic standing of street children;
dissemination of information and literature; initiate seminars, lectures
and fora to strengthen the moral values and social responsibilities of
children; ensure effective and responsive implementation of all laws,
ordinances, programs, measures and policies that protect the rights of
children;
- Matters relating to social work; public social service for the
disadvantaged groups in Philippine society including the street
children, drug dependents, criminal offenders as well as relocation and
resettlement of squatters;
- Perform such other functions as the Sanggunian may adopt.
- COMMITTEE ON YOUTH AND SPORTS DEVELOPMENT
- With general jurisdiction over:
- All matters pertaining to the development of the youth through civic
and social activities and the promotion and development of sports for
nation building; promotion and protection of the youth’s physical,
moral, spiritual, intellectual and social well-being; promotion and
development of sports program, amateur sports and all other related
matters; conduct seminars on youth development and youth leadership;
coordinate with local, regional and national youth organizations in the
implementation of their various programs and activities; encourage
business sector to sponsor sports programs, projects and activities;
initiate and assist the development of new sports;
- Perform such other functions as the Sanggunian may adopt.
SECTION 5. REORGANIZATION OF COMMITTEES: TENURE. Elections for or
designation of the Chairman, Vice-Chairman and Members of the different
standing committees shall be held on the first session of July of its
new term of office. The Chairman, Vice-Chairman and members-elected
shall hold office the whole term of the Council or until such time when a
reorganization is adopted.
SECTION 6. REPORTS, DISCHARGE OF COMMITTEES. The different standing
committees, within thirty (30) working days from receipt of any matter
referred to them for any action, comment and/or recommendation shall
prepare for submission to the Sanggunian a report together with the
proposed amended text to be filed by the Chairman, the Vice-Chairman and
majority of the members thereof. A member of a Committee who dissents
from the report, may submit a separate one in writing stating his reason
therein. Where the completion of the said report could not be
accomplished within the original period allotted for the said purpose,
due to insuperable or extremely difficult nature of the matter involved,
the Committee to whom the same is referred, may request the Sanggunian,
through the Secretariat, for an additional period of time within which
to submit its report. Such extension will not be permitted except for
meritorious reasons and unless the request is made before the expiration
of the time sought to be extended. The privilege to request for an
extension could be availed of by the committee concerned only once and
for a period not longer than that originally allotted for the purpose.
After the lapse of the extended period, the author of the measure or any
member of the council, if he so desires, may move that the committee be
discharged from further consideration of said question and that the
same be assigned to another Committee or submit the question to the Body
for disposition.
SECTION 7. REPORTS, RECONSIDERED AND/OR TRANSMITTED. When a report is
recommitted to the committee or is transmitted to another Committee,
the measure concerned shall remain in its original status, unless the
Chairman of the other committee renders a verbal report under letter “e”
Section 2, Rule X.
SECTION 8. FILLING OF VACANCY. Whenever vacancy occurs in any of the
Standing Committees, the same shall be filled in by the Sanggunian.
RULE XI. INTERNAL DISCIPLINE
SECTION 1. PENALTY. Any member who commits an act in transgression of
the foregoing Internal Rules of Procedure shall be punished with the
corresponding penalties hereunder prescribed to wit:
- For disorderly conduct or behavior during a session, committee hearing or committee meeting
- 1st Offense – Reprimand
- 2nd Offense – exclusion from membership in the committee concerned; suspension to expulsion
- For any JUSTIFIED absence without prior notice
- Fine of not more than Two Hundred Fifty Pesos (P250.00)
- For any UNJUSTIFIED absence with prior notice
- Fine of not less than Two Hundred Fifty Pesos (P250.00) but not more than Five Hundred Pesos (P500.00)
- For UNJUSTIFIED absence in FOUR (4) consecutive sessions
- Fine of not less than Five Hundred Pesos (P500.00) but not more than
One Thousand Five Hundred Pesos (P1,500.00) without prejudice to the
filing of the corresponding administrative charge as per Article 124
(6), IRR of Republic Act 7160.
- For coming late in any kind of sessions per hour of being late or fraction thereof
- Fine of not less than two Hundred Fifty Pesos (P250.00) but not more than Five Hundred Pesos (P500.00)
- Conviction by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude
- For refusal without valid excuse to perform the task assigned to him by the Sanggunian or Committee of which he is a member
- Seven (7) days suspension without remuneration.
- For UNJUSTIFIED absence in committee hearing of which he is a composite member
- Two Hundred Fifty Pesos (P250.00) but not more than Five Hundred
Pesos (P500.00) without prejudice to the filing of corresponding
administrative charge for neglect of duty.
- For violation of any other provision of this Internal Rules of
Procedure not specified herein, including improper attire during
sessions; formal and special occasions.
- Fine of not less than Two Hundred Fifty (P250.00) but not more than
Five Hundred Pesos (P500.00) or suspension of not more than seven (7)
days without remuneration.
SECTION 2. REQUISITES. The penalty of suspension or expulsion to be
imposed shall require the concurrence of at least two-thirds (2/3) vote
of all the members of this Sanggunian. For other kinds of penalty, only a
majority vote of all the members of the Sanggunian shall suffice.
SECTION 3. INITIATION OF ACTION AND CONDUCT OF INVESTIGATION. The
Committee on Laws and Rules shall take cognizance of all the offenses
enumerated in the preceding Section committed by any member of this
Sanggunian, both composite member and constituent member, i.e. including
the Regular Presiding Officer and shall initiate the necessary
fact-finding investigation and thereafter shall submit its committee
report together with the corresponding recommendation for consideration
of the Sanggunian sitting en banc.
Should any member of the Committee on Laws and Rules be respondent,
the Presiding Officer (Regular or Temporary Presiding Officer, as the
case may be) shall designate a replacement to complete the membership
thereof, but, only insofar as the conduct of the fact finding
investigation is concerned. In performing other function of the said
Committee, the respondent is still a member of that Committee.
SECTION 4. COLLECTION OF FINES AND ITS DISPOSITION. The Secretary to
the Sanggunian shall collect the fines as may be imposed by this
Sanggunian and shall take custody thereof as a private trust fund. In
the disposition or disbursement of the said fund, the Sanggunian shall
convert itself into a “committee of the whole” and then decide upon a
majority vote of all its members how and for what purpose the said fund
would be spent.
RULE XII. SUSPENSION OF RULES
Any part of this Internal Rules of Procedure, except those prescribed
by existing laws, rules and regulations, may be suspended at any
particular session by general consent or by two-thirds (2/3) vote of the
Members present.
A rule may be suspended to take up a question that has been postponed
to some other time or to advance its consideration in the order of
business or, generally, to deviate from the regular procedure of doing
business, so that the Sanggunian may be able to act with dispatch on
important and urgent matters without violating its own rules. In any
case, the suspension shall be for a purpose connected with the immediate
pending question and no business except that directly connected with
the question for which the rule has been suspended can be taken up
during the period of such suspension. Once the business for which a rule
has been suspended is disposed of, the suspension loses its effect and
the rule becomes effective again.
RULE XIII. UNFINISHED BUSINESS
Unfinished business at the end of the term of the Sangguniang
Panlungsod shall be resumed at the commencement of the term of the next
Sanggunian, as if no change in the Sanggunian has taken place.
All pending legislative matters and proceedings shall terminate upon
the expiration of the term of the Sanggunian and the records pertaining
thereto delivered to the archive within fifteen (15) days after such
expiration.
RULE XIV. SUPPLEMENTAL RULES
The Rules of Procedure and Parliamentary policies of the Legislative
Bodies of the Philippines and Parliamentary Rules by Orendain shall
serve as supplementary authorities of the Sanggunian insofar as they are
compatible with these rules and standing orders.
RULE XV. AMENDMENTS
Any amendments to these Rules shall be presented in writing and shall
be adopted by a vote of two-thirds (2/3) of all the Members of the
Sanggunian; Provided, however, that no amendment to these Rules shall be
presented within three (3) months from their promulgation.
RULE XVI. REPEALING CLAUSE
Any and/or all previous Resolutions/Ordinances inconsistent herewith
are hereby deemed repealed, modified or amended accordingly.
RULE XVII. DATE OF EFFECTIVITY
These Rules shall take effect immediately upon approval.
ADOPTED on this 15th day of July, 2016 in the City of Mandaluyong.
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS ADOPTED AND
APPROVED BY THE SANGGUNIANG PANLUNGSOD OF MANDALUYONG IN A SPECIAL
SESSION HELD ON THE DATE AND PLACE FIRST ABOVE GIVEN.
MA. TERESA S. MIRANDA
Acting Sanggunian Secretary |
PRESIDED BY:
ANTONIO DLS. SUVA
Vice Mayor & Presiding Officer