INTERNAL RULES OF PROCEDURE OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SURIGAO

1. Preside on the sessions of the sanggunian;

2. Preserve order and decorum during session, and, in case of disturbance or disorderly conduct in the session hall, or within the premises, take measures as he may deem advisable or as the sanggunian may direct;

3. Decide all questions of order, subject to appeal by any sanggunian member in accordance with these Rules. A motion to appeal must be duly seconded;

4. Sign all acts, ordinances, resolutions and memorials duly approved by the Sanggunian;

5. Exercise such other powers and perform such other functions as may be provided by law, ordinance or regulations.

SECTION 9. Prohibition. The regular presiding officer shall not be a chairman of any standing committee but shall have a voice in all committee deliberations. He may, however, be elected as chairman of any special or ad hoc committee which the Sanggunian may organize for a specific purpose or purposes.

SECTION 11. Powers and Duties. The Secretary to the Sanggunian shall exercise the following powers and duties:

1. Attend sessions and meetings of the sanggunian and keep a journal of its proceedings;

2. Keep the seal of the City of Surigao 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 and resolutions enacted by the Sanggunian and duly certified by the presiding officer in the manner prescribed in Section 54 under Book1 of the Local Government Code."

4. Transmit to the Sangguniang Panlalawigan copies of duly approved ordinances and resolutions in the manner provided for in Section 56 and 57 under Book 1 of the Local Government Code.";

5. Furnish, upon request of any interested party, certified copies of records of public character in his custody upon payment to the local treasurer of such fees as may be prescribed by ordinance;

6. Record in a book kept for the purpose all  ordinances and resolutions enacted or adopted by the sanggunian, with the dates of passage and publication thereof;

7. Keep his office and all nonconfidential records therein open to the public during the usual business hours;

8. Translate into the dialect used by a majority  of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication thereof, together with the original version in the manner provided by the Rules implementing the LocalGovernment Code;

9. Take custody of the local archives and, where applicable, the local library and annually account for the same; and

10. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position, such as taking charge of the codification of ordinances, provided that funds for said codification have been duly appropriated.

RULE IV ‑ STANDING COMMITTEES

SECTION 12. Committees. The Sangguniang Panlungsod shall have the following standing committees, the general jurisdiction of which, in aid of legislation, shall be therein provided:

1. Committee on Appropriations - All matters related to the approval of the budget, the appropriation of funds for the payment of obligations; determination of compensation of personnel; reorganization of local offices; allocation of funds for projects and other services.

2. Committee on Ways and Means - All matters related to 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.

3. Committee on Public Order and Safety - Passage of necessary legislation related to the maintenance of peace and order; protective services; fire prevention and control measures; and jail management.

4. Committee on Human Rights - Passage of legislation on matters pertaining to but not limited to protection of human rights.

5. Committee on Public Works and Infrastructure - All matters related to planning, construction, maintenance and improvement and repair of public buildings, roads and bridges, parks, monuments, playgrounds, and other public edifices; drainage, sewerage, and flood control and protection.

6. Committee on Transportation, Communication & Utilities - All matters related to planning, modernization, installation and construction of transportation and telecommunications facilities; power and water utilities; traffic rules and regulations; and franchising of public utility vehicles.

7. Committee on Youth and Sports Development - Passage of the necessary legislation on matters related to promotion and protection of the youth's physical, moral, spiritual, intellectual and social wellbeing; inculcation of patriotism and nationalism among the youth and their involvement in public, civic affairs including promotion, participation in sports and development of sports program;

8. Committee on Education, Culture and Heritage - Passage of the necessary legislation on matters related to education, culture and tribal communities, i.e., local schools, colleges and universities, libraries and museums, non-formal and community adult education;

9. Committee on Agriculture and Fisheries - All matters related to agriculture and agrarian reform; food production, agribusiness, agricultural economics & research, agricultural education and extension services; animal industry & livestock quarantine, farm credits, fisheries and aquatic resources preservation and development; construction of fish ponds, corrals, oyster beds, and regulatory measure thereof; and other agricultural products.

10. Committee on Cooperatives - Passage of the necessary legislation pertaining to promotion and advancement of cooperativism in the community; matters pertaining to providing access to credit facilities and the like;

11. Committee on Rules - Passage of legislation on matters related to Order of Business; revision and updating of the sanggunian internal rules of procedure; committees and their jurisdictions; and privileges and disorderly conduct of the members of the sanggunian; review of all contract which does not otherwise fall under the jurisdiction of any other committee; and review of all barangay ordinances.

12. Committee on Labor and Employment - Passage of legislation which shall include but not limited to matters related to labor; manpower development; maintenance of industrial cooperation; labor education, standards and statistics; organization of labor market, including recruitment, training & placement of workers and employment, manpower promotion; and development of labor intensive technology.

13. Committee on Health and Sanitation - Passage of legislation on matters related to health, sanitation and hygiene; health centers, medical hospitals and clinics; purchase of medicine, and other health and sanitary measures.

14. Committee on Environment and Natural Resources - All matters related to the environment ensuring ecological balance; soil survey and conservation; exploration, development, utilization of natural resources.

15. Committee on Social Welfare - Passage of legislation on all matters related to social services for the disadvantaged groups including but not limited to the elders, the disabled, street children, drug dependents, and criminal offenders.

16. Committee on Good Government - Passage of legislation on matters related to advancement and promotion of good governance; it shall handle administrative cases falling under the jurisdiction of the Sangguniang Panlungsod.

17. Committee on Tourism - All matters related to tourism, i.e., tourist attraction, including its publicity and promotion, tourist travel and accommodation; and beautification, cleaning and greening of parks and places of public interest.

18. Committee on Trade, Business, Industry and Economic Enterprises - All matters related to or connected with the promotions, establishment and operation of all kinds of trade, business, and industry, including other economic enterprises.

19. Committee on General Services and Government Property Management - All matters related to the maintenance of the city's basic and general services such as solid waste disposal and general sanitation, and the maintenance of all properties real or personal owned by the city;

20. Committee on Barangay Affairs - All matters related to the affairs of the barangays in the city, including the passage of resolutions and ordinances enacted for their benefit and wellbeing;

21. Committee on Women and Family - All matters related to the protection of women and family; 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; measures to protect the rights of spouse and children, 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.

22. Committee on Urban Development and Land Use – Handles the following local development concerns and functions, viz: Membership/representation to the City Zoning Board of Adjustment and Appeals in accordance with the pertinent ordinance; Membership/representation to the City Zoning Review Committee pursuant to the relevant ordinance; Handles the review and approval process of the Sanggunian on applications for Preliminary Subdivision Approval for housing subdivisions; handles the review and approval process of the Sanggunian on applications/petitions for rezoning and/or land conversions and other pertinent aspects on the implementation of the Comprehensive Land Use Plan and City Zoning Ordinance; handles pertinent legislative aspects on the local implementation of RA 7279 – Urban Development and Housing Act which, among others, cover the following:

1. Housing and resettlement

2. Development of slums or blighted areas, or urban renewal

Membership/representation to the City Housing Board created under pertinent ordinance; legislative requirements/actions that may be needed in relation to the operations of the newly-created City Urban Development and Housing Office under the relevant ordinance, and in the pursuit of its plans.

The conduct of public hearing/inquiry. The above committees may conduct public hearing/inquiry in aid of legislation. The rights of the individual attending the public hearing/inquiry shall always be protected and safeguarded.

SECTION 13. Composition. Each committee shall be composed of a Chairman who shall be elected from among the members of the Sangguniang Panlungsod. The elected Chairman shall submit his or her Vice Chairman and 3 members within a reasonable time after proper consultation with them. The chairman can vote during committee deliberation.

SECTION 14. Special Committee. The Sangguniang Panlungsod may form a special committee as the need arises the composition of which shall be determined by a majority vote of the Sanggunian members present constituting a quorum.

                 SECTION 14.1 The Sangguniang Panlungsod shall constitute itself as a Committee of the Whole to tackle issues which it deems appropriate by a majority vote of all its members.

SECTION 15. Prohibition. No Sanggunian member shall be elected Chairman of more than three (3) standing committees and not more than Seven (7) membership in other committees.

SECTION 16. Meetings. The committee shall determine the frequency of their meetings and hearings. Majority of all the members of the committee shall constitute a quorum.

SECTION 17. Committee Reports. When the committee submits or makes a report, the members thereof shall be presumed to have concurred in the report and shall be precluded from opposing the same, unless they had entered their objection thereto during the committee meeting.

The committee in its report shall make an official motion on whether or not it is in favor or against a particular measure deliberated upon. All committee report should be in writing and signed by the majority members of the committee and copy furnished to every member a day before the session. All committee reports which do not comply with the above-mentioned requirement shall not be considered.”

RULE V ‑ SESSIONS

SECTION 19. Special Session. As often as necessary, when public interest so demands, special sessions may be called by the City Mayor or by agreement of the majority of the Sanggunian Members upon written notice stating the time, date and purpose of the session. Such notice may however be given thru digital means such as, but not limited to, mobile phone text messaging and electronic mail messages provided that the requirement as to time, date, and purpose shall be complied with. Unless agreed upon by the majority vote of the members present constituting a quorum, no other matter shall be considered as a special session except those stated in the notice.

SECTION 20. Online Session. By agreement of majority of all the Members of the Sanggunian, regular or special sessions maybe held online using a secure application or platform.

SECTION 20.1. Paperless Session. A digital manner in conducting a regular or special session using electronic devices such as laptop, tablet and smartphone is hereby adopted. This will involve an easy-to-do mechanism converting documents and other papers into digital form and makes the documentation and information sharing easier with the purposes of reducing the use of paper during sessions of the members.
            Towards this end, members of the Sangguniang Panlungsod are hereby required to have a scanned signature which will be used in the system as their official signature (under Section 17, 2nd Paragraph). Logging-in into the system will enable them to access the electronic agenda containing letters, indorsement, committee reports which are digitally signed by the members of each committee, draft ordinances and other necessary documents in a Portable Document File Format (PDF).

SECTION 21. Session Open to the Public. Regular or special sessions shall be open to the public unless a closed session is decided by an affirmative vote of a majority of the Sanggunian members for reasons of decency or morality, or for reasons affecting the dignity of the Sanggunian or any of its members, or when confidential matters are being considered.

SECTION 22. Language To Be Used During The Session. The Sangguniang Panlungsod members can use either English, Visayan or Pilipino in order for everybody to understand the proceedings of the session.

SECTION 23. Attendance. Every member of the Sangguniang Panlungsod shall be present in all sessions and shall not be absent for three (3) consecutive sessions, unless necessarily prevented from doing so by sickness or other unavoidable circumstances duly reported to the Sangguniang Panlungsod through the secretary.

RULE VI ‑ ORDER AND CALENDAR OF BUSINESS

SECTION 24. Order of Business. The order of business shall be as follows:

1. Call to Order

2. Opening Prayer

3. National Anthem

4. Roll Call

5. Perusal and Approval of the Minutes of the Previous Session

6. Matters of Information

7. Inclusion, Amendment and Approval of the Agenda

8. First Reading and Referral to Committees of Proposed Ordinances, Resolutions, Communications and Messages

9. Committee Reports, and Referrals

10. Calendar of Business

             - Pending Matters

‑ Business of the Day (Second Reading and Debate)

11. Proposed Ordinances and Resolutions for Third Reading

12. Privilege Hour

13. Other Matters

14. Adjournment

15. Closing Prayer

SECTION 25. Approval of Minutes. The minutes of every preceding session shall be submitted to the Sanggunian members at least one day before each session.

SECTION 26. Matters of Information. Any member may, before the approval of the agenda, move to take any matter for information and ask for its inclusion in the calendar for first reading and referral to committees. Only clarificatory questions shall be allowed during this period.

SECTION 27. Inclusion, Amendments and Approval of the Agenda and Suspension of the Rules. Any member may upon motion, without need of a seconder, ask for the inclusion of any matter or measure in the calendar for First Reading and referral to committees or under the unassigned business, whichever is proper and applicable. Upon proper motion duly seconded and approved by the majority of the members present, any item or part of the agenda may be amended. After the inclusion and/or amendment, if any, the body shall upon motion duly seconded approve the agenda. Upon the approval of the agenda the Sanggunian cannot alter or modify the same or deviate from the orders of the day or make further inclusion except upon motion to suspend the rules or order of the day duly seconded and voted favorably by two thirds of the members present.

SECTION 28. Privilege Hour. Any member of the Sanggunian may deliver a privilege speech which shall not be more than ten (10) minutes, subject to whatever action the body may take. The speaker may be subjected to interpellations or questioning on matters related to his speech.

RULE VII ‑ ORDINANCES AND RESOLUTION

SECTION 29. Three Readings. No ordinance shall be approved unless it has passed three readings; Provided, however, that a resolution or ordinance need not go through a third reading for its final consideration if decided by general consent a quorum being present; Provided, further, that any legislative matter certified by the local chief executive as urgent whether or not included in the calendar of business may be presented, considered and approved by the body at the same session without need of suspending the rules.

SECTION 30. Parts of Ordinance or Resolution. A proposed ordinance or resolution 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 ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the secretary who shall report the same to the Sangguniang Panlungsod at its following session for first reading.

SECTION 31. First Reading. The first reading of a proposed ordinance or resolution shall only be a title. The reading shall be done by the secretary and thereafter the same shall be referred by the presiding officer to the appropriate committee.

SECTION 33. Second Reading. A proposed ordinance or resolution, on second reading, shall be read in full including the amendments proposed by the committee unless copies thereof had been distributed earlier and such reading may be dispensed with. Thereafter, the proposed ordinance or resolution shall be subject to debate and amendment, if any.

SECTION 34. Power to Regulate Debate. The Presiding Officer is empowered to regulate the time of each Sanggunian member to speak for or against the proposed ordinance or resolution.

SECTION 35. Approval on Second Reading. After the amendments have been acted upon, the proposed ordinance or resolution shall be voted on second reading. The secretary shall then 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.

SECTION 36. Third Reading. A proposed ordinance or resolution approved on second reading shall be included in the next calendar of business for third reading. Upon the third reading, no amendment thereto shall be allowed. The vote thereon shall be taken immediately thereafter and the "yeas" and "nays" entered in the minutes.

SECTION 37. Approval on Third Reading. No ordinance or resolution passed by the Sangguniang Panlungsod shall be valid unless approved by a majority of the members present, there being a quorum. Any ordinance authorizing or directing the payment of money or creating liability shall require the affirmative vote of a majority of all the Sanggunian members for its passage. Each approved ordinance or resolutions hall be stamped with the seal of the Sangguniang Panlungsod and recorded in book kept for the purpose.

RULE VIII ‑ EXECUTIVE APPROVAL OR VETO

SECTION 38. Mayor's Approval. Every ordinance or resolution passed by the Sangguniang Panlungsod shall be forwarded to the city mayor for approval. Within ten(10) days after receipt of the ordinance or resolution the city mayor shall return the same to the Sangguniang Panlungsod with either his approval or his veto. If he does not return it within that time, the ordinance or resolution shall be deemed approved.

SECTION 39. Veto Power. The City Mayor may veto any ordinance or resolution stating his reasons therefor. He shall have the power to veto any particular item or items of an appropriation ordinance directing the payment of money or creating liability. In such case, the veto shall not affect the item or items not objected to. Vetoed item or items shall not have effect unless the Sangguniang Panlungsod overrides the veto.

SECTION 40. Power to Override a Veto. The Sangguniang Panlungsod may override the veto of the City Mayor by a two third vote of all its members, thereby making the ordinance or resolution effective. The local chief executive may veto an ordinance or resolution only once.

RULE IX ‑ LEGISLATIVE REVIEW

SECTION 41. What Constitutes a Quorum. A majority of all the members of the Sangguniang Panlungsod shall constitute a quorum to transact official business.

SECTION 42. Roll Call. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to cause roll call thereof and thereafter announce the result.

SECTION 43. Recess for Lack of a Quorum. Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted.

SECTION 44. Adjournment for Lack of a Quorum. If there is still no quorum no business shall be transacted. The presiding officer, upon proper motion duly approved by the member present, shall then declare the session adjourned for lack of quorum.

RULE X ‑ DECORUM AND DEBATE

SECTION 45. Addressing the Chair. When a member desires to speak he shall respectfully address the chair thus; "Mr. Chairman" or "Madam Chairman". When two or more desire to speak, the one recognized first shall have the floor.

SECTION 46. DECORUM. The member who has obtained the floor shall confine himself to the question under consideration, avoiding personalities. He shall refrain from uttering words or performing acts which are inconsistent with decorum. Any member whose interest is in conflict with a pending question shall inhibit to participate in its deliberation and voting. For purposes of this resolution, "conflict of interest" refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary, or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public.

Any member who has reason to believe that another member labors under a conflict of interest in a pending question may raise the matter before the sanggunian and the sanggunian by a majority vote there being a quorum may decide to cause the inhibition of the member whose labors under a conflict of interest.”

No member, during session, shall be allowed to operate a cellphone nor entertain a call inside the session hall nor shall reading of newspapers be allowed. Any member who desires to read a newspaper or to make a call or answer a call shall step outside the hall with prior permission from the presiding officer.

SECTION 47. Proper Attire. During sessions, Sanggunian members shall be in proper attire which means “Barong Tagalog”, or “Long Sleeves with Tie” for males and “formal dress” for females. However, if the session is held online, Sanggunian members may wear smart casual attires. A fine of Five Hundred Pesos (Php 500.00) shall be imposed for any violations hereof.

SECTION 48. Snack During Recess. Snack or refreshment, if any, shall be served only during declared break or recess.

SECTION 49. Discipline. The Sanggunian may punish its members for disorderly behavior for objectionable utterance, and for conduct inimical or prejudicial to the interest of the city and/or dignity of the Sanggunian and the members thereof and with the concurrence of two thirds (2/3) of all its members censure, reprimand or exclude a member from the session.

RULE XI ‑ MOTIONS AND VOTING

SECTION 50. Stating and Withdrawing a Motion. – When a motion is presented, it shall be stated by the chair before being debated. Before it is stated, the author can withdraw it as a matter of right. After a motion has been stated by the chairman, it cannot be withdrawn without the consent of the Sangguniang Panlungsod.

SECTION 51. Precedence of Motions. When a question is under debate, no motion shall be entertained except motions to adjourn, raise a question of privilege, declare a recess, lay on the table, postpone to a certain day, refer, amend and postpone indefinitely in that hierarchical order.

SECTION 52. Privilege motions. Privilege motions are those that are of such importance and high priority and privilege that after they are presented, they must be put to a vote immediately. Motions to take recess, unqualified motion to adjourn, to call for the orders of the day and questions of privilege are some of the privilege motions.

SECTION 53. Questions of Privilege. Questions of privilege are those which members usually raise in relation to their convenience, comfort, honor or rights during the session. Raising a question of privilege, in view of its high rank, can interrupt a speaker or the consideration of a pending question.

SECTION 54. Incident Motions. Incidental motions are those which are presented before an assembly in view of certain procedures and practices during its deliberations. They include, among others, point of order, division of the house, suspending the rules, appeal, withdrawing a motion. Other incidental motions are in the forms of request for information or inquiries which grow out of the business of the Sanggunian.

SECTION 55. Amendment. A motion to amend must be seconded after which it shall then be stated by the chairman for discussion. The manner of voting on an amendment is like that of a main motion.

SECTION 56. Second Degree Amendment. An amendment to an amendment shall also be seconded before it is stated by the chair. An amendment to an amendment cannot be further amended.

SECTION 57. Withdrawal of Amendment. The provision of Section 49 hereof shall apply with respect to motion to amend.

SECTION 58. Voting. The affirmative vote on a question should always be taken ahead of the negative vote. Every member or any member of the Sangguniang Panlungsod may not be compelled to vote.

SECTION 59. Tie. If the result of the vote is a tie, the motion is lost unless the presiding officer decides to vote to break the tie. The chair should first announce his vote before informing the assembly of the result of the vote just taken.

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RULE XII ‑ OFFICIAL TRAVEL

SECTION 60. Collection of Per Diem or Compensation When on Official Travel. Any Sanggunian member who is on official business outside his official station as evidenced by a travel order duly approved by the local chief executive or any competent authority is authorized to collect per diem or compensation for session held while he is on official travel.

RULE XIII ‑ AMENDMENTS