Saturday, July 3, 2010

Sample of SANGGUNIANG BARANGAY INTERNAL RULES OF PROCEDURE

Republic of the Philippines
Province of Bohol
Municipality of Nueva Vida
Series of 2010

SANGGUNIANG BARANGAY INTERNAL RULES OF PROCEDURE

Resolution No._____
Series of 2010

A RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OF THE
SANGGUNIANG BARANGAY OF __________________, _______________BOHOL

WHEREAS, pursuant to section 390 of the Local Government Code of 1991. The Sangguniang Barangay shall be the legislative body of the barangay and shall be composed of the Punong Barangay as the presiding officer and seven sangguniang barangay members and the chairman of the sangguniang kabataan as members;

WHEREAS, Section 50 of the same Code, likewise, provides that the Sanggunian, within ninety (90) days following the election of its members, shall adopt its Internal Rules of Procedure in order to achieve a maximum degree of efficiency in the deliberation of issues during their sessions;

NOW THEREFORE, be it Resolved, that the following Internal Rules of Procedureas mandated as Section 50 of the Local Government Code of 1991, are hereby adopted.


RULE 1. ORGANIZATION OF THE SANGGUNIANG BARANGAY

Section 1. Composition – The following are the duty elected members of the Sangguniang Barangay

Punong Barangay Hon________________________________
Kagawads Hon________________________________
Hon________________________________
Hon________________________________
Hon________________________________
Hon________________________________
Hon________________________________
Hon________________________________
SK Chairman Hon________________________________

Section 2. The Presiding Officer – The Punong Barangay is the presiding officer of the Sangguniang Barangay who shall perform the following powers and duties

a) Preside over the sanggunian, the barangay assembly and other meetings in the barangay;
b) Decide all points of order
c) Preserve order and decorum during the session,
d) Announce the business in the order in which it is to be acted open by the Sanggunian;
e) Entertain only one motion at a time and state all motions property,
f) Recognize only one member who is entitled to the floor,
g) Call a special meeting session by giving written notice of it to each member of the Sangguniang Barangay;
h) Appoint, with the approval of the Sanggunian the chairman and members of the standing committees.

Section 3. The Barangay Secretary – The barangay secretary shall perform the following duties:

a) Attend all sessions of the Sangguniang Barangay,
b) Send out proper notices of all called sessions, other meetings and public hearings
c) Transmit to the committees all matters referred to them by the Sanggunian
d) Prepare and certify the minutes of the session of the Sangguniang Barangay,
e) Read all correspondence and resolutions which are required by the Sanggunian or by the Presiding Officers,
f) Forward to the Sangguniang Bayan, a correct copy of each resolution and approved ordinance within ten (10) days after the Sangguniang Barangay,
g) Carry out or enforce orders of the Sangguniang Barangay when such duty devolves upon him,

Section 4. The Standing Committees.

a) Committees on Appropriation to which shall be referred all matters or questions pertaining to or connected with the following:

1. local taxes, fess and charges
2. Loans and other sources of local revenues
3. Annual and supplemental budgets
4. Appropriations ordinances
5. All other matters related to local taxation and fiscal administration

Chairman: _______________________________
Members: _______________________________
_______________________________

b) Committees on Women and Family, to which shall be referred all matters or questioning pertaining to or connected with the following:

a) Women’s welfare, rights and privileges
b) Women’s organizations
c) Family welfare
d) All other matters related to women and family

Chairman: _________________________
Members: _________________________
_________________________

c) Committees on Peace and Order and Human rights to which shall be referred all matters of questions pertaining to or connected with the following:

a) Maintenance of peace and order and public safety
b) Protective services
c) Traffic rules and regulations
d) Fire prevention and control measures
e) Public morals
f) Human rights
g) Prevention of human rights violation
h) All matters affecting human rights

Chairman: _________________________
Members: _________________________
_________________________

d) Committee on Youth and Sports Development to which shall be referred all matters or questions pertaining to or connected with the following:

a) Sports development
b) Youth welfare and development

Chairman: ___________________________
Members: ___________________________
___________________________

e) Committee on Environmental Protection to which shall be referred all matters or questions pertaining to or connected with the following:

a) Environmental protection
b) Air water pollution
c) Wanton destruction of the environment and its natural resources
d) All matters or measures affecting the environment

Chairman: ___________________________
Members: ___________________________
___________________________

f) Committee on Cooperatives, to which shall be referred all matters or questions pertaining to or connected with the following:

a) Cooperatives organization and development
b) Incentives to cooperatives
c) All matters affecting the cooperatives development program of the government

Chairman: _________________________
Members; _________________________
_________________________

g) Committee on Health and Social Welfare, to which shall be referred all matters or questions pertaining to or connected with the following:

a) Health, sanitation and hygiene
b) Cleanliness and beautification of the community
c) Proposed measures related to health centers and health programs

Chairman: ________________________
Members: ________________________
________________________

h) Committee on Public Works and Infrastructure Development, to which shall be referred all matters or questions pertaining to or connected with the following:

a) Constructions, Maintenance, and repair of roads, budgets and other government infrastructure projects
b) Measures that pertain to drainage and sewerage system and similar projects
c) All other matters related to public works and infrastructure projects

Chairman: ________________________
Members: ________________________
________________________

i) Committee on Agriculture to which shall be referred all matters or questions pertaining to or connected with following:

a) Agricultural Production
b) Agricultural inputs
c) Agricultural facilities
d) Development of agri-business enterprises
e) All other matters related to agriculture, including plants and animals

Chairman: _______________________
Members: _______________________
_______________________

j) Committee on Education and Culture to which shall be referred all matters or questions pertaining to or connected with the following:

a) Formal and non-formal education
b) Educational facilities
c) Promotion of culture and the arts
d) Operation of educational institutions, both private and public
e) All matters related to education and culture

Chairman: ______________________
Members: ______________________
______________________

RULE II. DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBER

Section 1 Every member of this sanggunian shall make a full disciosure of his financial and business interests as required of him under art 104, Rule XVII of the Rules and Regulations implementing the Local Government Code of 1991.

Section 2 Every member shall attend all the sessions of the sanggunian unless he is prevented from doing so by reason of sickness and other unavoidable circumstances provided that, as a general rule, previous notice thereto shall be sent to the Sanggunian thru the Presiding Officer or the secretary.



Section 3 As a general rule, every member as required to vote on every question or proposed measures being voted upon by the sanggunain Abstentions may only be allowed if it san be shown that the member concerned has a pecuniary interest, either directly or indirectly, on the matter being acted upon by the body.

Section 4 Every member shall observe proper deportment and decorum during sessions.


RULE III. SESSIONS AND QUORUM

Section 1. session – The Sangguniang Barangay shall hold regular sessions twice a month and also such number of special sessions as may be called by the Punong Barangay or by majority of the members of the Sangguniang Barangay at any time.

a) The first monthly regular session of his sanggunian is scheduled ____________________________________ and the second monthly regular session ____________________________________
b) Regular session shall be held at the Barangay Hall and shall start at exactly____________________________
c) Regular sessions of this Sanggunian shall be in public and the presiding officer has the authority to exact from those present respect and proper deportment
d) As often as necessary when public interest so demands, special sessions may be called by the Punong Barangay or majority of the members of the sanggunian No two sessions shall be held in one day.
e) Unless otherwise agreed upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those stated on the notice
f) In case of special sessions, a written notice to the sanggunian members, stating the day, time and purpose of the meeting shall be served personally or left with a member of the household.

Section 2. Quorum – the majority of the sangguniang Barangay members shall constitute a quorum, e., One (1) presiding officer and at least five (5) sangguniang barangay members and it is absence, the business of the sanggunian shall not be discussed

a) in the event of the Punong Barangay to preside at a regular or special session where there is quorum, a temporary presiding officer shall be elected from among the members presents
b) When the quorum is lacking, a majority of those in actual attendance may adjourn from time to time and may enforce immediate attendance of any member absent
c) If there is still no quorum in spite of the above, no other business shall be translated and the presiding officer upon proper motion or an majority of the members present shall declare the meeting adjourned for lack of quorum
d) Should a question of lack of quorum be raised, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
e) Absent members shall explain their absence during the next meeting

RULE IV. ORDER OF BUSINESS

Section 1. Order of Business The order of business of the Sangguniang Barangay shall be as follows:

a) Invocation
b) Singing of the National Anthem and Awit sa Bohol
c) Call to Order
d) Roll Call
e) Declaration of the existence of a quorum
f) Approval of the minutes of the presiding session
g) Reading of the communications received
h) Committee Reports,if any
i) Business for the day
j) Other business
k) Adjournment

Section 2. Agenda – Matters that may be taken up in the session shall be limited only to those items listed in the agenda

Section 3. Appearance before the Sangguniang Barangay – Only persons with prior permission from the Barangay Secretary shall be allowed to appear and speak before the Sanggunian

Section 4. Matters referred to Committee – Any measure appearing in the agenda to reference for the corresponding committee shall not be subject to debate or discussion, prior to final action

Section 5. Urgent matters – urgent matters which may be brought to the attention of Sangguniang Barangay, the delay in the consideration of which shall prejudice activities of the government, may be discussed in the session without being listed in the agenda.


RULE V. THE LEGISLATIVE PROCESS

Section 1. Rules in the enhancement of ordinance and adoption of resolutions In the enhancement of ordinances and adoption of resolutions including other matters requiring legislative actions, the following rules shall be observed.

a) Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolutions.
b) 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 effectively.
c) A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need not go through a third residing for its final consideration unless decided otherwise by the majority of the sanggunian members present.
d) No ordinance or resolution shall be considered on second residing in any regular meeting unless it has been reported out by the proper committee to which it was referred or certified as urgent by the local chief executive.
e) Any legislative matter duly certified by the local chief executive as urgent whether or not it is included in the calendar of business maybe presented and considered by the body at the same meeting without need of suspending the rules.
f) The secretary to the Sanggunian shall prepare copies of the proposed ordinance or resolutions of the form it was passed on second reading, and shall as distribute to each sanggunian member a copy thereof except that a measure certified by the local chief executive as urgent maybe submitted for the final voting immediately after it has undergone the periods of debate and amendment during the second reading.
g) No ordinance or resolution passed by the Sanggunian in the regular, or special session duly called for the purpose, shall be valid unless approved by a majority of the members present, there being a quorum.
h) Upon the passage of all ordinances and resolutions directing the payment or money or creating a liability, and at the request of any member, the Sanggunian secretary shall record the ayes and the nays. Each approved ordinance or resolution shall be stamped with the seal of the Sangguninan and recorded in a book kept for the purpose.

RULE VI. THE PARLIAMENTARY PROCESS

Section 1. Motions and their precedence

a) Privilege and Subsidiary Motions – When the questions is under debate, no motion shall be entertained except the following and in the order in which they appear below.

1. Motion to adjourn
2. Motion to declare a recess
3. Motion to postpone temporarily
4. Motion to postpone on a certain day
5. Motion to refer to the corresponding committee
6. Motion to amend the main motion
7. Motion to postpone indefinitely the consideration of any business

b) Question of privilege – Questions relating to the rights and privileges of the Sangguniang Barangay or to any to its members, shall take precedence over all motions except motions relating to adjournment and recess. This may involved the following:

1. Those relating to the organization of the Sangguniang Barangay
2. Those relating to the comfort of the members of the sanggunian, like seating, lighting, ventilation and other inconveniences of the session hall
3. Those relating to the freedom from noise and conduct of other persons inside the session hall
4. Those relating to the punishment of a member for disorderly conduct or other offense.

c) Incidental motions – The following motions shall take precedence of any motion, to which they are incidental and must be decided before any other business is taken up.

1. Point of Order – Any Sanggunian Barangay member may interrupt a speaker to bring to the attention of the presiding officer any matter involving an error in procedure or violation of the rules
2. parliamentary Inquiry – Any request for information as in order if they are pertinent to a pending question
3. Withdraw a motion – A motion by the sponsor requesting of the removal of his main motion from the consideration of the sanggunian shall be in order before its amendment and before the decision is made thereon
4. Suspend the rules – the rules shall be suspended when a motion presented to that effect is approved by two-thirds of the members present

All foregoing motions are not debatable.

Section 2. Voting – no motion except in the presence of a quorum shall be entertained during the voting. Any member may explain his vote when voting for the debatable motion. When the motion is not debatable, no other remarks will be entertained by the chair when a member cast his vote.

On a vote where affirmative and negative are equal in number, the motion shall be declared lost. If a tie has taken place, the Punong Barangay may, at his discretion, cash the deciding vote.

A two-thirds vote is required to pass any of the following motions

(a) to limit, extend or close a debate
(b) To amend any part of the adopted rules
(c) To suspend the rules
(d) To suspend or recommend the expulsion of any member for cause.

No member could be compelled to vote, he may no to sustain. The motion to reconsider can be made only the member who voted on the prevailing side. Any member who abstained from voting shall no right to ask the reconsideration

No member can vote on a question in which he has direct or personal pecuniary interest

Section 3. Decorum and Debates

(a) Whenever a member wishes to speak he shall rise and request the presiding officer to allow him to have the floor which consent shall be necessary before he may proceed.
(b) When several members wish to have the floor, the presiding officer shall recognized the one who first made the request
(c) No member shall interrupt another without the letter’s, which may not be obtained except through the chair
(d) The presiding officer can volunteer information only when necessary. Before participating in the deliberation of any question before the Sanggunian, he should first surrender the chair temporarily to some other member
(e) If at any time, the presiding officer states a point of order, or give information otherwise speak, with his privilege, the member speaking must take his seat until the presiding officer has been first heard
(f) No number shall walk out or across the session hall while the presiding officer is addressing the Sangguniang Barangay, or while the Sanggunian is engaged in voting.
(g) A member who has obtained the floor shall confine himself to the questions before the sanggunian and shall avoid personalities.
(h) No member shall claim the floor the second time if there are others who such to speak his the first time
(i) All Sangguniang Barangay members, including the Barangay Secretary and Barangay treasurer, when attending the session, shall be in complete uniform.
(j) Sangguniang Barangay members shall avoid drinking alcoholic liquor before attending and during session or during recess of session


RULE VII. DECIPLINE OF MEMBERS

Section 1. Absences and Disorderly Behavior

a) Any Sangguniang Barangay member who fails to attend any of following compulsory activities of the barangay, either or without excuse, shall pay a fine equivalent to one fourth (1/4) of his honorarium, viz:

(1) First monthly regular session
(2) Second monthly regular session
(3) Office duly
(4) CIVAC

b) For the SK Chairman

(5) First monthly regular session
(6) Second monthly regular session
(7) SK monthly meeting
(8) CIVAC

c) members who shall be absent without justifiable cause for four (4) consecutive sessions may 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 92/3) vote of all the Sangguniang Barangay members pursuant to section 50 (b) (5) of the Local government Code of 1991


Certified true and correct,


_____________________________________
Barangay Secretary


Approved:


_________________________________
Punong Barangay


_________________________________
Kagawad


_________________________________
Kagawad


_________________________________
Kagawad


_________________________________
Kagawad


_________________________________
Kagawad


_________________________________
Kagawad


_________________________________
Kagawad


_________________________________
SK Chairman

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3 comments:

  1. wow! thank you so much for this. :)

    ReplyDelete
  2. The post and duties of a Barangay Treasurer, is it normally excluded in this kind of a resolution?

    ReplyDelete