City of Mandaluyong

Rules of Procedure of the Sangguniang Panlungsod



RESOLUTION NO. 589, S-1998

Resolution Amending Resolution No. 466, S-1995,
as Amended, Adopting the
RULES OF PROCEDURE OF THE SANGGUNIANG PANLUNGSOD OF
THE CITY OF MANDALUYONG



WHEREAS, the Sangguniang Panlungsod, as the Legislative Body of the Government of the City of Mandaluyong, hereinafter referred to as SANGGUNIAN, is composed of the VICE-MAYOR who shall be its Presiding Officer, twelve (12) 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 and the Sectoral Representatives, as members. (Sec. 457, Art. III, Chapter 3, Title III, Book III, R.A. 7160);

WHEREAS, SECTION 50 (a), Chapter 3, Title Two, Book I of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991" provides that the Sangguniang Panlungsod on the first regular session following the election of its members and within ninety (90) days thereafter, shall adopt or update its existing rules of procedure;

NOW, THEREFORE, be it RESOLVED, as it is hereby RESOLVED, that in order to achieve a maximum degree of efficiency during the deliberation of the Sangguniang Panlungsod, the following rules of procedure are hereby adopted.

RULE I. MEMBERS: POWERS, DUTIES AND FUNCTIONS

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, and the sectoral representatives, as members;

In addition thereto, there shall be three (3) sectoral representatives: one (1) from the Women; and, as shall be determined by the Sanggunian concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from other sectors, including the Urban Poor, indigenous cultural communities, or disabled persons;

The regular members of the Sanggunian Panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law.

SECTION 2. POWERS, DUTIES AND FUNCTIONS: The Sangguniang Panlungsod, as the Legislative Body of the City, 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, as amended and in the proper exercise of the corporate powers of the City as provided for under SECTION 22 of the same Code.

RULE II. OFFICERS: POWERS AND DUTIES

SECTION 1. OFFICERS: The following shall be the Officers of the Sangguniang Panlungsod of the City of Mandaluyong.

  1. The VICE-MAYOR. The Vice-Mayor shall be the Presiding Officer of the Sanggunian.
    1. POWERS AND DUTIES. The Presiding Officer shall have these powers and duties.
      1. He shall preside over all sessions of the Sanggunian with the right to vote only to break a tie; he may not, however, be compelled to vote;
      2. He shall announce the business in the order in which it is to be acted upon by the Sanggunian;
      3. He shall recognize any member who is entitled to the floor;
      4. He shall state all questions before the Sanggunian and put the same into a vote, when regularly moved, and announce the result thereof;
      5. He shall assist in expediting business compatible with the rights of the members, allowing brief remarks in cases of pending debatable motions, he may however, co-sponsor measures;
      6. He shall enforce at all times order and decorum;
      7. He shall rule on all pending questions, subject to appeals by Members of the Sanggunian, which appeals shall not be debatable. Any member appealing may explain his appeal for not more than five (5) minutes. Any ruling on an appeal shall be submitted to the Sanggunian for its approval or disapproval;
      8. He shall sign all ordinances and resolutions passed by the Sanggunian, and all orders, proceedings and warrants issued by order of the Sanggunian;
      9. He shall sign all warrants drawn on the City Treasury for all expenditures appropriated for the operation of the Sangguniang Panlungsod;
      10. 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 by law: (Section 446 (a) (l), Article Two, Chapter 3, Title Three, Book III, Republic Act No. 7160);
      11. He shall oversee the distribution of the Agenda to the Councilors and see to it that copies thereof are furnished the members at least forty eight (48) hours before the regular session;
      12. He shall declare the session adjourned when the Sangguniang so votes or motu propio any time in the event of a sudden emergency such as fire, riots, serious disorder or great emergency;
      13. In the event of the inability of the Presiding Officer to preside at the Sanggunian session, the first highest ranking member, and in his inability or absence, the second highest ranking member shall be called upon to act as the temporary Presiding Officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the Sanggunian in the session over which he temporarily presided.
  2. SECRETARY TO THE SANGGUNIAN
    1. The Sanggunian shall have a Secretary who shall be a career official with the rank and salary equal to a head of department or office.
    2. No person shall be appointed Secretary to the Sanggunian unless he is a citizen of the Philippines, a resident of the City of Mandaluyong, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university and a first grade civil service eligible or its equivalent.
    3. The Secretary to the Sanggunian shall take charge of the Office of the Secretary to the Sanggunian and shall:

      1. Attend meetings of the Sanggunian and keep a journal of its proceedings;
      2. Keep the seal of the local government unit and affix the same with his signature to all ordinances, resolutions and other official acts of the Sanggunian and present the same to the Presiding Officer for his signature;
      3. Forward to the Mayor, for approval, copies of ordinances enacted by the Sanggunian and duly certified by the Presiding Officer, in the manner provided in Section 54 under Book I of the Local Government Code of 1991;
      4. Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the Treasurer of such fees as may be prescribed by ordinance;
      5. Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sanggunian, with the dates of passage and publications thereof;
      6. Keep his office and all non-confidential records therein open to the public during the usual business hours;
      7. Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version in the manner provided under the Local government Code of 1991;
      8. He shall read or cause to be read, by himself or through a reader designated by him, all proposed ordinances, motions, memorials, petitions and other documents which he shall report to the Sanggunian, or when required by the Sanggunian or by the Presiding Officer;
      9. He shall notify officers and special committees of their appointment or creations;
      10. He shall transmit to the proper committees matters referred to them by the Sanggunian;
      11. He shall send out proper notices of all called sessions, other meetings and public hearings.

SECTION 2. OTHER OFFICERS. The following are the other officers of this Sanggunian, to wit:

  1. MAJORITY FLOOR LEADER. There shall be a Majority Floor Leader who shall be chosen from within the ranks of the dominant party and whose functions are, as follows:

    1. He shall approve matters for inclusion in the agenda, provided, however, that any proposed measure or matter not included in the agenda shall be calendared upon written petition of the majority of the members of the Sanggunian;
    2. 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;
    3. He shall be responsible for assigning speakers belonging to the dominant party to sponsor any particular piece of legislation during sessions; and
    4. 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.
  2. ASSISTANT MAJORITY FLOOR LEADER. He shall be chosen from within the ranks of the dominant party and shall act and perform the functions of the Majority Floor Leader in his absence.
  3. MINORITY FLOOR 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 3. 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, if any, shall take custody and safekeeping of the same and shall be responsible for bringing it to Session Hall during every session.

RULE III. SESSIONS AND QUORUM

SECTION 1. SESSION DEFINED. A session is a meeting which, although lasting for several hours, is one meeting. The Sanggunian shall meet in regular sessions at least once a week for transacting business and when public interest so demands, such number of special sessions as may be called by the Mayor, Vice-Mayor or by a majority of the members. 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 (2) sessions, regular or special, may be held in a single day.

In the case of special sessions of the Sanggunian, a written notice to the Members shall be served personally at the latter’s 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.

  1. Unless the Sanggunian orders otherwise, regular session shall be held every Tuesday at exactly three o’clock 3:00 in the afternoon. Special sessions shall be held on the date and time specified in the notice.
  2. The Presiding officer shall open the session by calling the Sanggunian to order, and motu-propio or when so directed by the Sanggunian, shall order the roll call.
  3. In the absence of a quorum, the Presiding Officer shall declare a recess until such time as a quorum is constituted.
  4. The session shall not be suspended or adjourned, except when so directed by the Sanggunian, but, the Presiding Officer may, in his discretion declare a recess in short intervals;
  5. Provided, however, that the chair may suspend or adjourn the session when the same becomes unruly or uncontrollable
  6. The exact hour of opening and adjourning each session shall be entered in the minutes of the Sanggunian.

SECTION 2. QUORUM DEFINED. A quorum is such number of Members of the Sanggunian present in order that business can legally be transacted, which shall be one-half plus one of all the members constituting the said Body.

  1. ABSENCE OF QUORUM: PROCEDURE. Whenever the question of quorum is raised by any member in any session, the Presiding Officer shall immediately order a roll call and announce forthwith the result thereof. In the absence of a quorum after roll call, the Presiding Officer may compel the 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 Mandaluyong Police Force to arrest the absent member or members and present him at the session. Members who voluntary appear shall report their names to the Secretary to have their presence recorded and their names entered in the minutes as present. If, inspite of the above, there is still an absence of quorum, or that there is no prospect of constituting a quorum, no other business shall be transacted and the Presiding officer shall then declare the sessions adjourned for lack of quorum.

RULE IV. ORDER OF BUSINESS: AGENDA

SECTION 1. ORDER OF BUSINESS. The order and calendar of business for each session of the Sanggunian shall be as follows:

  1. Call to Order
  2. Prayer
  3. Singing of the National Anthem (mandatory)
  4. Roll Call of the Members
  5. Reading and Approval of the minutes of the preceding sessions
  6. Business of the Day
    1. Reading and reference to the corresponding committees of all communications, petitions, memorials, endorsements, memoranda, motions etc.
    2. First reading and reference to committee of proposed resolutions and ordinances
    3. Resolutions and ordinances on second reading
    4. Resolutions and ordinances on third reading
  7. Other Committee reports
  8. Other Business
  9. Adjournment

SECTION 2. AGENDA. Matters that may be taken up in the session of the Sanggunian shall be limited only to those items listed in same, the nature and substance of which must be described, except the following:

  1. After the reading of the order of business, any member desiring to deliver a privilege speech any, after registration with the Majority Floor Leader and with permission of the Presiding Officer first had, speak for not more than twenty minutes, provided, however, that if more than one member registers for this purpose, each speaker shall be limited to only fifteen (15) minutes
  2. With the consent of the Sanggunian, urgent matters may be submitted on the floor. Urgent matters are such which involves public interest, the delay in the consideration of which shall prejudice essential activities of the government.
  3. The agenda shall be distributed among the members not less than two (2) days preceding the session.

RULE V. ACTIONS BY THE SANGGUNIANG PANLUNGSOD

SECTION 1. ITEMS IN THE AGENDA: GENERAL RULE. Any motion, measure or proposal appearing in the agenda for reference to the corresponding committee shall be subject to debate or discussion; debate or amendment, prior to final action. Explanatory speech by the author not to exceed ten (10) minutes, may be allowed following the reading of a particular matter appearing in the agenda.

SECTION 2. ORDINANCE, RESOLUTION PROCEDURE. Before an ordinance or a resolution may be finally enacted, it shall undergo three readings, as follows:

  1. FIRST READING, which shall consist of the reading by the Secretary of the number, title of the proposed ordinance or resolution and the name of its author or authors, after which it shall be referred by the Presiding Officer to the appropriate committee or committees without debate, provided, however, that upon motion, duly seconded, the proponent may be allowed to deliver sponsorship speech for a period not longer than five (5) minutes.
  2. SECOND READING, at which the proposed ordinance or resolution, after having been sponsored on the floor by the committee chairman or by any committee member designated for the purpose, shall be read in full in the manner recommended by the committee or committees, where upon the measure should be subject, first to debate, and then to amendments and all proper parliamentary motions.
  3. THIRD READING, at which no debate or amendments shall be allowed, but the title of the proposed ordinance or resolution shall be read and the question upon its passage shall be immediately taken. A resolution shall be enacted in the manner prescribed for 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 of all the members.

RULE VI. MINUTES

SECTION 1. THE MINUTES OF THE SANGGUNIAN. The record of the proceedings of the Sanggunian shall be referred to as the "MINUTES". It shall comprise a clear and succinct account of the business transacted and the actions taken thereon. The minutes shall contain the following:

  1. Nature of session held (whether special or regular);
  2. Name of Sangguniang Panlungsod of the City of Mandaluyong;
  3. Date, time and place of session;
  4. Proper Statement of Presence of Presiding Officer and members;
  5. Statement whether minutes of previous sessions were approved, readings dispensed with and the dates of said session citing corrections;
  6. Title, number and authors of every resolutions or ordinances, if the resolutions or ordinances were not approved unanimously, a brief statement of the minority opinion; nominal voting;
  7. All main motions (except those withdrawn)
  8. Points of order and appeals, whether sustained or lost;
  9. Veto message of the Mayor, in full;
  10. Time of meeting and adjournment;

    The minutes shall be signed by the Secretary and authenticated by the Presiding officer. It shall be entered in a good well-bound record book and the corresponding date of approval or disapproval property placed therein.

RULE VII. COMMITTEES OF THE SANGGUNIANG PANLUNGSOD

SECTION 1. COMMITTEE DEFINED. A committee constitutes one or more persons appointed, designated or elected by the Sanggunian to consider, investigate, recommend or take appropriate action on matters or subjects referred to it.

  1. The Presiding Officer shall not be a member of any standing committee.

    Provided, however, that he may be designated by the Sanggunian as Chairman of a special committee for special purposes.

SECTION 2. COMPOSITION. A committee shall be composed of a Chairman and such number of members as may be determined by the Sanggunian, but always in the odd numbers.

SECTION 3. COMMITTEE PROCEDURE. The Committee shall function as follows:

  1. 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 committee may nevertheless meet upon the written petition of the majority of the members thereof.
  2. Any person shall have the right to appear at committee meetings and present his view on the matter before it, at such reasonable times, as upon the request, the committee may schedule.
  3. During final deliberations, no persons shall be present except the committee members and such employees of the Sanggunian as are necessary to facilitate the performance of its functions;
  4. All questions before the committee shall be put into a vote unless otherwise previously agreed upon.
  5. After final deliberations and voting, the committee shall prepare, for submission to the Sanggunian, a report to be signed by the Chairman and the members thereof. Any member dissenting from the report shall submit, in writing, his reasons therefore.

    Provided, however, that if by reason of urgency, a verbal report is submitted by a Chairman to a committee concerned, said verbal report shall be considered the report of the committee unless objected to, be at least two (2) members of the committee.

SECTION 4. SPECIAL COMMITTEE. There shall be special committee created from time to time by the Sanggunian for special purposes. Special committees shall cease to exist as soon as the Sanggunian shall have received their reports. Special committees shall be independent of other committees but may adopt the procedure prescribed in the preceding section hereof.

SECTION 5. STANDING COMMITTEES OF THE SANGGUNIAN. Unless otherwise agreed upon, the Sanggunian shall constitute the following standing committees, with powers and prerogatives herein stated:

  1. COMMITTEE ON APPROPRIATIONS

    With general jurisdiction over:

    1. All matters pertaining to funds for the 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.
  2. COMMITTEE ON WAYS AND MEANS

    With general jurisdiction over all matters pertaining to revenue taxes, fees, loans, study and revision of tax measures and other sources and forms of revenue.

  3. COMMITTEE ON LAWS, PEACE AND ORDER AND PUBLIC SAFETY.

    With general jurisdiction over:

    1. all matters relating to the Rules of the Sanggunian, creation and reorganization of Committees;
    2. all matters pertaining to the legality or validity of measures or proposals as well as all matters relating to the legal aspects of action taken by or submitted to the Sanggunian;
    3. all matters concerning the police and fire stations including its officers and men;
    4. all matters pertaining to traffic laws, rules and regulations and its enforcement;
    5. all matters pertaining to the city jail and its inmates; and
    6. all matters pertaining to the prevention and/or suppression of lawlessness, riot, violence, rebellion or sedition and public disorder.
  4. COMMITTEE ON HEALTH, PUBLIC WELFARE AND ENVIRONMENTAL PROTECTION

    With general jurisdiction on matters relating to the health and welfare of the residents including measures mandatory to existing city ordinances and resolutions on sanitation, hospitals and other allied health and sanity measures.

    With general jurisdiction over all matters pertaining to the protection of the environment against destruction's 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.

  5. COMMITTEE ON EDUCATION AND CULTURE

    With general jurisdictions over:

    1. all city public schools, its maintenance, tuition fees, school projects, naming of schools, and maintenance of city libraries; and
    2. all matters pertaining to the promotion of culture and the arts
  1. 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.

  2. COMMITTEE ON WOMEN AND FAMILY

    With general jurisdiction over all matters pertaining to women’s rights and welfare and the protection and enhancement of the right of all the people of human dignity.

  3. COMMITTEE ON BARANGAY AFFAIRS

    With general jurisdiction over all matters pertaining to the creation of new barangays, boundary disputes between barangays, review of barangay enactments and generally, all barangay affairs.

  4. COMMITTEE ON LIVELIHOOD AND COOPERATIVES

    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.

  5. COMMITTEE ON LANDED ESTATES

    With general jurisdiction over matters relating to landed estates, assessments, housing projects and award thereof to qualified applicants.

  6. COMMITTEE ON ENGINEERING AND PUBLIC WORKS

    With general jurisdiction over matter relating to the construction, maintenance and repair of public buildings, streets and bridges, parks, monuments, playgrounds, donation lease, exchange or expropriation of lands, subdivisions, building permits, amendments to zonification and other public improvement projects.

  7. COMMITTEE ON HUMAN RIGHTS

    With general jurisdiction over all matters pertaining to the protection of the natural and legal rights of every person

  8. COMMITTEE ON TRADE, COMMERCE AND INDUSTRY AND APPOINTMENTS

    With jurisdiction over:

    1. all matters pertaining to the promotion of trade, commerce and industry within the city.
    2. all matters pertaining to 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.
  9. COMMITTEE ON LABOR AND PUBLIC SERVICE

    With general jurisdiction over:

    1. all matters pertaining to management and labor relation,
    2. all matters pertaining to the delivery of basic services such as, but not limited to, collection and disposal of garbage; and
    3. regulation and maintenance of public markets, slaughterhouse, public cemetery and similar public facilities owned by the City Government.

SECTION 6. 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 each year. The Chairman, Vice-Chairman and members-elected shall hold office for one (1) year unless sooner removed by a majority of all the members of the Sanggunian.

SECTION 7. 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 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 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 extensions could be availed of by the committee concerned only once and for a period not longer than that originally allotted for the purpose.

SECTION 8. 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" of Section 3, Rule VI.

SECTION 9. FILLING OF VACANCY. Whenever vacancy occurs in any of the standing committees, the same shall be filled in by the Sanggunian.

RULE VIII. GENERAL RULES OF ORDINANCES, RESOLUTIONS, MOTIONS, COMMUNICATIONS, PETITIONS AND OTHER MATTERS

SECTION 1. PROPOSAL ORDINANCES, RESOLUTIONS, MOTIONS AND OTHER MATTERS. These shall be signed by their authors and shall be filed with the Secretary at least two (2) days before each session who shall immediately transmit the same to the Majority Floor Leader for inclusion in the agenda. All communications and other matters endorsed by the Mayor to the Sanggunian, as well as petitions received from residents of the City, shall be transmitted by the Secretary to the Majority Floor Leader for the same purpose.

  1. After due consideration of the proposed ordinance, resolution, motion, petition or other matter, the Committee concerned shall report the same to the Sanggunian.
  2. During the consideration of the measures mentioned in the next preceding paragraph, the same shall be subjected to debate, amendment and all proper parliamentary procedures.

SECTION 2. DISCUSSION, INTERPELLATION. Main speeches during the discussion of any measure shall be limited to twenty (20) minutes for each speaker and rebuttal speeches shall be limited to ten (10) minutes. After three have spoken in favor and two against the measure, alternately, or only one speech shall have been delivered and none against, a motion to close the general debate shall be in order.

If said motion is approved, the Sanggunian shall then proceed to consider amendments under the five (5)-minute rule. Only one member being allowed to deliver a speech in favor and another against the amendments. Any member desiring to amend and 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, 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 a 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 once main speech or one rebuttal speech during the consideration of any motion.

SECTION 3. MOTIONS AND THEIR PRECEDENCE. Unless withdrawn by the author on the day of submission, every motion filed shall be included in the agenda.

  1. When a verbal motion is presented, the Presiding Officer shall state 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 had thereon or any amendment to it is presented thereto.
  2. 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.
  3. Motions to postpone to a certain day, to defer or to postpone indefinitely shall have precedence in the foregoing order.
  4. 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.
  5. When a general debate on a motion or proposition is closed, a motion to amend and 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 had thereon.
  6. No motion or proposition on a subject different from that under constitution shall be admitted under color of amendments.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

  1. QUESTIONS OF PRIVILEGE: What constitutes:

    1. Questions of such urgency and requiring immediate action may interrupt a member’s speech, as for example, when any motion or report that is being read cannot be heard in a part of the Session Hall.
    2. 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.
      1. PRIVILEGES OF THE SANGGUNIAN:

        1. Those relating to the organization of the Sanggunian.
        2. Those relating to the comfort of the Members of the Sanggunian like seating, lighting, ventilating, etc., of the Session Hall.
        3. Those relating to the freedom from noise and conduct of officers or other employees.
        4. Those relating to punishment of a Member for disorderly conduct or other offenses.
        5. Those relating to the accuracy of published reports of proceedings.
  2. PRIVILEGED QUESTION: WHAT ARE INCLUDED: Privileged questions shall include, besides question of privilege, a call for the order of the day and privilege motions relating to adjournment and recess.
    1. 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.
    2. Any member shall have the right to demand that the order of business be conformed to.
    3. 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.

SECTION 5. DEBATE, DECORUM AND PROCEDURES. For purposes of decorum, the following rules shall be observed:

  1. During debates, a member shall confine himself to the question before the Sanggunian and shall avoid personalities. He shall observe proper decorum during the entire proceedings.
  2. In referring to another member, the latter shall always be referred to by his official titles or as "the members who spoke last".
  3. Before any matter shall be debated upon, a motion should first be made duly seconded and stated by the "Chair".
  4. It shall only be the "Chair" who can rule any verbal motion of other; otherwise, the Chair shall state the question before the Council for consideration and approval.
  5. 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 its entirely a motion before the Presiding Officer state the question.
  6. For purposes of obtaining the floor, a member shall rise and then address the Presiding Officer, "Mr. President or Mr. Chairman". The member can do so only after a former member has yielded the floor.
  7. The Presiding Officer shall be the only authority to recognize any member by announcing the latter’s name as a sign of recognition to the floor.
  8. 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.
  9. Any member sponsoring any measure under consideration may open and close the debate where general debate has been ordered thereon.
  10. 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
  11. shall not be held to answer nor be subject to censure by the Sanggunian if further debate or another business intervenes.
  12. When the Sanggunian is in session, no member shall pass between another who has the floor and the "Chair".
  13. No member shall walk out of or across the session hall when the Presiding Officer is addressing the Sanggunian.

SECTION 6. VOTING. If the question is undebatable, or debate has been closed by order of the Sanggunian, the "Chair", immediately after stating the question, shall put same to a vote, allowing only such time for members to rise if they wish to state a motion of higher rank.

  1. The Presiding Officer shall rise to it a question into a vote and shall do it in this form: "As many as are in favor (as question may be), say AYE and after affirmative voice is expressed, "As many as are opposed, say NAY". If he doubts or a division is called for, the Sanggunian shall divide. Those in the affirmative shall first rise from their seats or raise their hands, and then those in the negative.
  2. When the Presiding Officer asks if there is any objection to a motion for approval of any ordinance or resolution directing the payment of money or creating liability, and no one registers his objection thereto, the Secretary shall enter in the record as voting affirmatively, the names of all the Members present to that particular time, this having the effect of a nominal voting.
  3. No member can vote on a question in which he has a direct or personal pecuniary interest. This does not, however, preclude any Member from voting for himself for any position within the Sangguniang Panlungsod.
  4. A Member can change his vote only before the "Chair" announces the result of the voting. After the announcement, a Member can change his vote only by unanimous consent.
  5. Any member may explain his vote not to exceed five (5) minutes.
  6. No member could be compelled to vote; He may, however, abstain.
  7. A vote by AYES and NAYS shall be entered in the minutes this having the effect of a nominal voting even after a vote by division has been had, at the request of any member
  8. No motion or question, except on the presence of quorum shall be entertained during the voting.

SECTION 7. RECONSIDERATION. When a report, motion, resolution or proposed ordinance 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 seconded by a Member from the prevailing side. Any Member who abstain from voting shall have absolutely no right to ask for reconsideration.

RULE IX. DECLARATION OF OUT OF ORDER REFUSAL TO ABIDE: PUNISHMENT

SECTION 1. Any Member of the Sanggunian who shall fail to observe the rules as prescribed herein shall be declared out of order and if he has the floor, may be compelled to take his seat. In case of refusal to abide by the ruling of the Chair, the Sanggunian upon motion of any Member and duly seconded, may officially reprimand the erring Member which reprimand shall appear in the Minutes of the Session of the Sanggunian. The same punishment may be imposed for dereliction of duty, as when a Member refuses to attend the Session after a quorum is questioned.

For other disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, a Member may likewise be censured, reprimanded, or excluded from the session suspended for not more than sixty (60) days, or expelled: Provided, that the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian Members:

Provided, further, that a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian.

RULE X. SUSPENSION OF RULES

Any part of these Rules relating to the order of business, business procedure, and like procedural matters, may be suspended by general consent or by two-thirds 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 Council 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 XI. SUPPLEMENTAL RULES

SECTION 1. 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 XII. AMENDMENTS

SECTION 1. 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 XIII. REPEALING CLAUSE

SECTION 1. Any and/or all previous resolutions inconsistent herewith are hereby deemed repealed, modified or amended accordingly.

RULE XIV. DATE OF EFFECTIVITY

SECTION 1. These Rules shall take effect immediately upon approval.

ADOPTED on this 13th day of August 1998 in the City of Mandaluyong.


ATTESTED:

JESUS C. CRUZ
City Vice Mayor & Presiding Officer

I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS ADOPTED AND APPROVED BY THE SANGGUNIANG PANLUNGSOD OF MANDALUYONG IN REGULAR SESSION HELD ON THE DATE AND PLACE FIRST ABOVE GIVEN.

ADVENTOR R. DELOS SANTOS
Acting Sanggunian Secretary

APPROVED:

BENJAMIN C. ABALOS, JR.
City Mayor

(Date)


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