Official Website of the Sangguniang Panlalawigan of Agusan del Sur

Internal Rules of Procedure of the 14th Sangguniang Panlalawigan of Agusan del Sur

RULE 1- MEMBERSHIP

SECTION 1. Composition. - The Sangguniang Panlalawigan shall be composed of the vice governor as the presiding officer, the regular sanggunian members, the non-regular members as ex-officio members, the president of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang kabataan, the president of the provincial federation of sanggunian members of municipalities, and the representatives from the women sector, the agricultural workers sector and the indigenous cultural communities sector which are to be elected pursuant to law.

SECTION 2. Term of Office. - The term of office of the regular members shall be three years, which shall commence, unless otherwise provided by law, at noon of the thirtieth day of June next following their elections.

SECTION 3. Oath of Affirmation. - The members shall take their oath of affirmation, collectively or individually, before they enter into the discharge of their duties. On the part of the ex-officio members, they will be governed by Section 438 for the Sangguniang Kabataan Provincial Federation President; Section 494 for the Liga ng mga Barangay Provincial Federation President; and Section 508 (b) for the Provincial Councilors League President, of Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

RULE II - PRESIDING OFFICER

SECTION 4. The Presiding Officer. - The Vice Governor shall be the presiding officer of the Sangguniang Panlalawigan. The Presiding Officer shall vote only to break a tie. He/she cannot relinquish the Chair and participate in the deliberations of the Sanggunian.

In the event of the inability of the Vice Governor to act as Presiding Officer, the Sanggunian Members present and constituting a quorum, shall elect from among themselves a temporary presiding officer, immediately after the Sanggunian Secretary shall have called the session to order and called the roll. The acting or temporary presiding officer shall not vote even in case of a tie but shall certify within ten (10) days from their enactment or adoption all ordinances and resolutions passed by the Sanggunian in the session over which he temporarily presided.

The Sanggunian Secretary has to make sure that a mace, which symbolizes the authority of the Presiding Officer to fully discharge his powers, duties and functions during session, has to be installed and in-placed soon after the Presiding Officer has called the session to order. Such mace has to be removed during session breaks and upon adjournment and reinstalled when the session has been called for resumption.

SECTION 5. Powers and Duties of the Presiding Officer. - The Presiding Officer shall:

a.) Preside over the session of the Sangguniang Panlalawigan;

b.) Preserve order and decorum during sessions, and, in case of disturbance or disorderly conduct in the session hall or within the premises, take measures as it may   deem advisable or as the Sanggunian may direct;

c.) Decide all questions or order, subject to appeal by any Sanggunian Member in accordance with these Rules;

d.) Sign all acts, ordinances, resolutions, memorials, writs, warrants, and subpoena issued by, or upon order of the Sangguniang Panlalawigan;

e.) Sign all warrants drawn of the provincial treasury for all expenditures appropriated for the operation of the Sangguniang Panlalawigan;

f.) Appoint the Sanggunian Secretary and all employees of the Sangguniang Panlalawigan of Agusan del Sur, subject to civil service law, rules and regulations;

g.) Suspend, dismiss or otherwise discipline sanggunian personnel in accordance with Civil Service rules and regulations provided that the suspension or dismissal of the Sanggunian Secretary shall require the concurrence of the majority of all members;

h.) Prepare and submit the annual budget of the Sanggunian;

i.) Exercise such other powers and performs such other functions as may be provided by law, ordinance or regulation.

RULE III - FLOOR LEADER

SECTION 6. The FLOOR LEADER shall regulate and maintain the order of deliberation of the Sanggunian for recognition on the floor by the Presiding Officer; maintain proper decorum during the deliberation; and he can participate in the discussion provided that he is sponsoring a measure and after relinquishing his Chair temporarily.

RULE IV - THE SECRETARY

SECTION 7. Appoinbnent and Compensation. - The Provincial Vice Governor shall appoint the Sanggunian Secretary with the concurrence of the majority of all the members of the Sangguniang Panlalawigan. Law or ordinance shall determine his compensation, allowances and other emoluments.

The appointment of the sanggunian secretary shall be in accordance with Republic Act No. 7160 and the civil service law, rules and regulations.

SECTION 8. Powers and Duties of the Secretary. - The Sanggunian Secretary shall:

a.) Attend meetings of the Sangguniang Panlalawigan and keep the Minutes of the proceedings;

b.) Call the roll of the Members and read bills, resolutions, messages, communications, memorials, petitions and other documents which should be reported by him to the sanggunian or the reading of which is required by the sanggunian or ordered by the Presiding Officer,

c.) Refer to the proper committee or committees, as the Presiding Officer may direct, such proposed ordinances, draft resolutions and other documents as may be presented or endorsed to the Sangguniang Panlalawigan;

d.) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the sanggunian with the dates of their enactment and publication;

e.) Forward to the Provincial Governor for approval copies of ordinances enacted and resolutions approving the provincial development plan and the public investment program adopted by the sanggunian and duly certified by the presiding officer within fifteen (15) days after their enactment or adoption;

f.) Keep the seal of the sanggunian 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;

g.)Certifies to the correctness of all ordinances and resolutions approved by the Sanggunian and signed by the Provincial Vice Governor;

h.) Translate into vernacular all ordinances and resolutions immediately after their approval and have the translation posted, together with the original, at the main entrance of the provincial capitol and in two (2) other conspicuous public places in the area;

i.) Upon request, furnish certified copies of all records and documents in his charge not otherwise classified as confidential, upon payment to the provincial treasurer of the fees prescribed by ordinances;

j.) Keep his office and all records therein which are not of a confidential character open to public inspection during the usual business hours;

k.) Act as custodian of records and annually account for such records;

l.) Exercise such other powers and performs such other duties and functions as may be prescribed by law or ordinance.

SECTION 9. Supervisory Power. - The Sanggunian Secretary shall take charge of the Office of the Secretary to the Sanggunian. He shall be the immediate chief of the personnel of the Sanggunian and shall be responsible for the faithful and proper performance of their official duties.

RULE V - SESSIONS

SECTION 10. Regular Sessions. - The regular session of the Sangguniang Panlalawigan of Agusan del Sur shall be on Monday of each week effective July 01, 2013 to commence at exactly ten (10:00) o'clock in the morning or as may be decided upon in the immediately preceding session.

SECTION 11. Special Session. - As often as necessary, when public interest so demands, special sessions may be called by the Provincial Governor or two-thirds vote of all the members of the Sanggunian. In case the majority of the Sangguniang Panlalawigan calls for a special session, the Sanggunian Secretary must sign the written notice of special session to the SP members. If the Governor calls for a special session, the Governor shall authorize the Vice Governor to send a written communication to the SP members.

In special sessions, a written notice to the sanggunian members stating the date, time and purpose of the session, shall be served personally or left with the member of the household of the member at his usual place of residence. 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 in the notice.

On emergency or urgent cases, texting thru Simulated Messaging Service (SMS) and/or calling (via mobile or landline phones) shall be done by the Presiding Officer or his authorized representatives in lieu of written notice notifying the sanggunian members about holding a special session.

SECTION 12. Call to Order. - The Presiding Officer shall open the session by calling the Sanggunian to Order.

Before the start of the session, an invocation shall be observed followed by the singing of the National Anthem and the recitation of the Panunumpa ng Katapatan sa Watawat and the PBMLP Creed shall be observed.

SECTION 13. Attendance in Sessions. - Every member of the Sanggunian shall be present in all sessions, unless expressly excluded by it or necessarily prevented from doing so by sickness or other unavoidable circumstances duly reported to the sanggunian through the Secretary by text or by phone call. The assigned Secretary shall inform the Vice Governor in case his/her respective SP member cannot attend the session.

SECTION 14. Participations in Sessions. - Only members of the Sangguniang Panlalawigan can participate in the discussions of the Sanggunian. No rules shall be suspended except on urgent measures.

SECTION 15. Voting. - Every member present in the session shall vote on every question unless he inhibits himself on account of personal or pecuniary interest therein.

SECTION 16. Open to Public. - Sanggunian sessions or meetings of any committee thereon shall be open to the public unless a dosed-door session is decided or ordered by an affirmative vote of a majority or the members present, there being a quorum, in the public interest or for reasons of security, decency or morality, or for reasons affecting the dignity of the Sanggunian or any of its members, or when confidential matters are being considered.

On motion to hold a closed-door session duly approved, the presiding officer shall direct the session hall cleared and doors closed.

Only the Secretary and such other persons specifically authorized by the Sanggunian shall be admitted to the dosed-door sessions. They shall preserve the secrecy of whatever may be read or said at the session.

SECTION 17. All fiscal matters should not be presented one hour before adjournment

SECTION 18. Suspension and Adjournment of Sessions. - Sessions of the Sanggunian shall not be suspended or adjourned except by direction of the Sanggunian itself, but the presiding officer may, in his discretion, declare a recess of short intervals.

SECTION 19. Opening and Adjournment to be entered in the Minutes. - The exact hour of opening and adjournment of a session shall be entered in the Minutes.

SECTION 20. Sessions Outside of the Provincial Capitol. - To bring the local legislative body closer to the people, the Sanggunian, upon motion by the majority of all the members, conduct regular or special sessions, in the component municipalities or barangays outside of the provincial capitol.

SECTION 21. Official Language During Sessions. - A Sanggunian member must speak English, Filipino or the Visayan dialect during sessions.

RULE VI - SESSION HALL

SECTION 22. Use of Session Hall. - The session hall shall be used only for sessions, caucuses and meetings of members, except when the Presiding OfficerNice Governor directs otherwise.

RULE VII - ROLL CALL AND QUORUM

SECTION 23. Roll Call. - Upon calling the roll, the names of members shall be called alphabetically by surnames except when two or more have the same surname, in which case full name be called based on alphabetical order.

SECTION 24. Quorum. - A majority of all the members of the Sanggunian present who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.

SECTION 25. Absence of Quorum. - 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 province to fetch the absent member and present him at the session.

If there is still no quorum despite the enforcement of the foregoing, no business shall be transacted. The Presiding Officer shall then declare the session adjourned for lack of quorum.

RULE VIII- STANDING COMMITTEES

SECTION 26. Standing Committees. - The Sangguniang Panlalawigan shall elect the Chairman and Members of the following standing committees, the general jurisdiction of which shall be as hereunder provided:

a.) Committee on Rules. - All matters affecting the rules of the sanggunian; the calendar as well as parliamentary rules and the order and manner of transacting business and the creation of the different committees.

b.) Committee on Ways and Means. - All matters related to taxes, fees, charges, loans; study and revision of tax measures; generation of other sources and forms of revenue from both public and private sectors, including codification of revenue ordinances.

c.) Committee on Budget, Finance and Appropriations. - All matters pertaining to the finances of the provincial government and approval of the budget; appropriation of funds or payment of obligations; determination of compensation and other emoluments of personnel; reorganization of local offices; allocation of funds for projects and other services.

d.) Committee on Economics, Trades, industry and Cooperatives. - All matters 5 relating to economics, trades, industry and cooperatives, both municipal- and provincial-based cooperative movement and development, including financial assistance and the establishment of nongovernmental organizations and peoples' organization and their accreditation.

e.) Committee on Health and Sanitation. - All matters related to health, sanitation and hygiene; health centers, medical hospitals and clinics; purchase of medicine and other health and sanitary measures. The Chairman of the Committee on Health and Sanitation shall sit down as member of the health board.

f.) Committee on Education and Culture. - All matters related to education, culture, i.e. local schools, colleges and universities, libraries and museums, non-formal and community adult education; scientific and cultural research; development and advancement, preservation and enrichment of Filipino arts and culture. The Chairman of the Committee on Education and Culture shall sit down as member of the school board.

g.) Committee on Women, Family Welfare, Social Welfare, Gender and Development. - 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 spouses 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; and other assistance that will safeguard the development of women and family; and all matters related to public and social welfare and ameliorative services; public social services for the disadvantaged groups in Philippine society including the elderly, the disabled, street children, drug dependents, criminal offenders as well as relocation and resettlement of squatters.

h.) Committee on Environment and Natural Resources. - All matters relating to the conservation and protection of the environment, the regulations of the impact of human activities on the same, the promotion of environmental awareness of our citizens, the renewal of resources in damaged ecosystems and other environment related issues; and all matters relating to the administration, management, development, protection, exploration, storage, renewal, regulation and licensing, and wise utilization of the province' national reserves including, but not limited to, forest, mineral, public land, and the development of industries based on these resources

i.) Committee on Labor and Employment - All matters related to labor disputes and conciliation, labor employment and manpower development, maintenance of industrial cooperation; labor education, standards and statistics; organization of labor market, including recruitment; training and placement of workers and employment, manpower promotion, and development of labor-intensive technology.

j.) Committee on Peace and Order and Public Safety. - All matters related to police matters, maintenance of peace and order, protective services; traffic rules and regulations; fire prevention and control measures; jail management and human rights. The chairman of the Committee on Public Order and Safety shall sit as member of the Peace and Order Council.

k.) Committee on Agriculture and Food Security. - All matters related to agriculture, food production and agri-business; agricultural economic research, soil survey and conservation, agricultural education and extension services; animal industry and livestock quarantine, farm credits; fisheries and aquatic resource preservation and development of fishing grounds; and construction of fish ponds, corals, oyster beds, and regulatory measures therefore.Committee on Transportation and

l.) Communication. - All matters related to planning, modernization, installation and construction of transportation and telecommunications facilities.

m.) Committee on Public Works, Infrastructure, Public Housing and Land Use. - All matters related to planning, construction, maintenance, improvement and repair of public buildings, highways, roads and bridges, parks, monuments, playgrounds, and other public edifices, public housing, drainage, sewerage and flood control and protection; and irrigation and water utilities, review of CLUPs of component municipalities.

n.) Committee on Youth and Sports Development - All matters related to the promotion and protection of the youth's physical, moral, spiritual, intellectual, and social well-being; inculcation of patriotism and nationalism among the youth and their involvement in public and civic affairs, development of sports program, amateur sports and competition in youth sectors.

o.) Committee on Justice and Human Rights. - All matters related to rules and procedures governing inquiries in aid of legal legislation, administration of justice, civil courts, legal aid, adult probation, human rights violation, rebel returnees.

p.) Committee on Civil Service, Ordnance and Legal Matters and Style. - All matters relating to the operations, rules and regulations of the Civil Service and the status of officers and employees of the government, including their retirement, pension and gratuity, salaries and other emoluments.

q.) Committee on Tourism and indigenous Peoples. - All matters related to national cultural communities and the development of predominantly cultural community areas.

r.) Committee on Barangay Affairs. - All matters related to the creation and development of barangays including boundary conflict.

s.) Committee on Agrarian Reform. - All matters pertaining to the proposed implementation of the Comprehensive Agrarian Reform Program pursuant to RA 6657 and related issuances; uphold partnership among government agencies, non-government organizations and people's organizations; undertake measures to facilitate the delivery of support services to the agrarian reform communities and to the province in general; make recommendations on pressing problems, issues and concerns; and integrate and harmonize development efforts of all agencies and sectoral organizations.

t.) Committee on Good Government, Moral, Spiritual and Value Formation - All matters relating to the conduct, rights, privileges, safety, dignity, integrity and reputation of the sanggunian and its members and matters related to the performance and behavior of all government officials and employees and see to it that services are rendered without delay.

SECTION 27. Measures Covering More than One Committee. - Whenever a measure covers subject matters falling within the jurisdiction of more than one committee, the measure shall be referred to the Committee within whose jurisdictions the principal subject matters falls.

SECTION 28. Limitations. - No Sanggunian Member shall be a chairman of more than three standing committees. No member of a committee shall act upon or participate in any matter in which he has a special, direct, or indirect pecuniary interest.

SECTION 29. Special Committees. - The Sanggunian may organize special committees, as it may deem necessary. The officers and members of special committees shall likewise be elected by the majority vote of all the sanggunian members.

SECTION 30. The Sangguniang Panlalawigan as a Quasi-Judicial Body. — The Sangguniang Panlalawigan is automatically converted into a Quasi-Judicial Body as soon as an administrative complaint/case filed against any municipal official is lodged before the August Body, or appeals from the decision of the Sangguniang Bayan pertaining to cases involving barangay officials.

SECTION 31. The Legislative Research Staff. - The Legislative Research Staff is a research arm of the sanggunian, whose members are experienced in the fields of policy science and research and who are adequately knowledgeable on the varied subjects of legislation that are brought to the attention of the sanggunian for appropriate legislative action.

The composition of the Legislative Research Staff are the following:

            Chairman                       : Baudilla A. Retuerto, MPA - Secretary to the Sanggunian

            Co-chairman                   : Nilo D. Manpatilan - Provincial Government Assistant Department Head

            Members                        : Felix L. Malayag - Local Legislative Staff Officer V

                                                             : Carlos M. Saligan, Jr. - Board Secretary III

                                                             : Veronica S. Generoso - Board Secretary II

                                                              : Norma R. Lumayno - Stenographic Reporter III

                                                         : Ana S. Catalan - Stenographic Reporter II

SECTION 32. Vacancy. - Whenever a vacancy occurs or is declared to exist in any of the committees, the same shall be filled by election of the Sanggunian.

SECTION 33. Committee Membership. - The number of membership in each committee, induding the Chairman and the Vice Chairman, shall not be more than five (5).

SECTION 34. Committee Meetings or Hearings. - The committee shall meet as often as necessary provided they shall meet at least twice a month. Committee meetings or hearings shall not be held only in public buildings but also in public places. Presence of the Chairman and anyone member shall constitute a quorum. However, in the absence of the Chairman, any three (3) members present will constitute a quorum.

SECTION 35. Committee Reports and Orders. - Committee reports and/or orders on any ordinance or resolution shall be considered in formal sessions and must be in written form signed by all members present during the committee meeting or hearing.

A regular member who is absent shalt be deprived from asking questions during the Committee Report.

SECTION 36. Committee-of-the-Whole. — Any member of the sanggunian can file a motion to convert the session into a committee-of-the-whole or direct a motion to suspend the rule. Any resolution or ordinance passed therein transcends the procedural requirements of first, second and third reading.

RULE IX - ORDER AND CALENDAR OF BUSINESS

SECTION 37. Order of Business. - The Order of Business shall be:

A) Call to Order,

B) Invocation;

C) National Anthem;

D) Panunumpa ng Katapatan sa Watawat ng Pilipinas;

E) PBMLP Creed;

F) Roll Call;

G) Approval of the Minutes of the Previous Session;

H) Period of Inclusion;

I) Privilege Hour;

J) Question Hour;

K) Visitors Hour,

L) Adoption and Approval of Proposed Measures Introduced During Period of Inclusion;

M) Calendar of Business:

        M.1 Unfinished Business

        M.2 Business for the Day

                  a. Resolutions/Ordinances for First Reading

                  b. Resolutions/Ordinances for Second Reading

                  c. Messages and Communications; and

                  d. Petitions and Memorials

         M.3 Unassigned Business;

N) Committee Report;

O) Review of Municipal Resolutions/Ordinances pursuant to Section 56 of R.A. 7160;

P) Proposed Resolutions/Ordinances for Third Reading;

Q) Period of Announcement;

R) Adjournment.

SECTION 38. Administrative Matters. - The Sanggunian may discuss other matters during a regular session but it shall be limited strictly to administrative matters. Introduction of other measures not included in the prepared calendar of business is not allowed.

SECTION 39. Approval of the Minutes and Agenda of each Session. - The minutes of each session shall be submitted to the Sanggunian for approval. The prescribed cut-off time is at five o'clock in the afternoon every Thursday for the preparation of both the minutes of the previous session and the Agenda of the ensuing session, then and there furnishing either hard copies or soft copies of the same to all SP Members for Their Honors' advance review and perusal.

SECTION 40. Calendar of Business. - The Calendar of Business shall consist of the following parts:

a) Unfinished Business. - Business being considered by the Sanggunian at the time of its last adjournment. Its consideration shall be presumed until such unfinished business is disposed of. Thereafter, the presiding officer shall call for the business for the day.

b) Business for the Day. - Proposed ordinances, resolutions and other measure set on the Calendar for consideration on that day to be considered in the order in which they are listed in the calendar

c) Unassigned Business. - Proposed ordinances, resolutions and other measures reported out by committee but not calendared earlier.

Any business included in this part of the Calendar may be set for consideration on motion of a Member with unanimous approval of the Sanggunian Members present at a session, there being a quorum.

RULE X - ORDINANCES AND RESOLUTIONS

SECTION 41. Ordinances and Resolutions, Distinguished. - 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 noted upon by resolutions.

SECTION 42. Essential Parts of Ordinances and Resolutions. - Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a title or caption and 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 Sanggunian at its next session.

SECTION 43. First Reading. - The Secretary shall report all proposed ordinances or resolutions to the Sanggunian Members for First Reading before the start of any session.

First reading of a proposed ordinance or resolution, which shall be done by the Secretary to be submitted to the Chairman of the Committee on Rules, shall only be by title, and shall be referred immediately thereafter by him to the appropriate committee.

Any erroneous referral of a proposed ordinance or resolution may be corrected right there and then anytime during the session.

Only committee members to which a proposed ordinance or resolution has jurisdiction over such proposed ordinance or resolution, may move that the referral be declared erroneous, and ask for its correction. However, the presiding officer may, motu propio, rectify an erroneous referral.

SECTION 44. Period to Report. - The Committee shall submit a report on the proposed ordinance or resolution within fifteen (15) days after it has been referred to it.

If the Committee Report on a proposed ordinance or resolution is favorable, it shall be included in the Calendar of Business.

If the Committee's action on a proposed ordinance or resolution is unfavorable, it shall be laid on the table, and within seven (7) days, notice of the action taken will be furnished the author or authors concerned stating the reason or reasons for such action. Provided, that the Sanggunian may reconsider the Committee recommendation on the session immediately following the receipt thereof.

SECTION 45. Urgent Measures. — Any legislative matter duly certified by the Provincial Governor as urgent, whether or not it is included in the Calendar of Business, may be presented and considered by the Sanggunian in the same session without need of suspending the Rules.

The Sanggunian, likewise, may on motion made by the Chairman or member of the committee concerned, consider a proposed ordinance or resolution as urgent and consideration thereof shall be scheduled according to a timetable.

If said motion is approved, the Sanggunian shall forthwith prepare a detailed timetable fixing the date on or before which the proposed ordinance or resolution must be reported by the Committee concerned, the number of days or hours to be allotted to the consideration of the measure for Second Reading and the date and hour at which proceedings must be concluded and final vote on said measure is taken.

SECTION 46. Second Reading and Debate. — No proposed ordinance or resolution shall be considered on Second Reading in any regular session unless it has been reported out by the proper committee to which it was referred or certified as urgent by the Provincial Governor.

The same shall be read in full with amendments proposed by the Committee, if any, unless copies thereof have been distributed earlier and such reading is dispensed with. Thereafter, the proposed ordinance or resolution shall be subject to debate and pertinent motions.

SECTION 47. Debate and Closure of Measure. — In discussion of any measure, a motion to close the debate shall be in order after two speeches for and one against, or after only one speech has been delivered and none entered against it.

When several members have registered or signified their intention to speak on the matter under consideration and when said matter has been sufficiently and thoroughly discussed by the member speaking, the presiding officer, motu propio, or upon motion of a member, order that member having the Floor shall desist from speaking further so that other members may not be deprived of their opportunity to speak.

SECTION 48. Five-Minute Rule. — After the close of debate, the Sanggunian shall proceed to the consideration of committee amendments. A member who desires to speak for or against an amendment shall have only five (5) minutes to do so.

The five-minute rule shall apply, likewise, in the consideration of an amendment, or of an amendment by substitution.

SECTION 49. Approval of Measure on Second Reading. — 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 Provincial Governor as urgent may be submitted for final voting, immediately after debate and/or amendments during the Second Reading.

After the amendments have been acted upon, the proposed ordinance or resolution shall be voted on Second Reading.

SECTION 50. Third Reading. — A proposed ordinance or resolution approved on second reading shall be included in the Calendar under Third Reading.

No ordinance shall be approved unless it has passed three readings and copies thereof in its final form have been distributed to the members before its passage, except when the Provincial Governor or the Sanggunian certifies as to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the Third Reading of a proposed ordinance or resolution, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter and the ayes and nays entered in the minutes.

SECTION 51. Approval of Resolutions. - A resolution shall be enacted in the same manner prescribed for ordinances, except that it need not go through a separate Third Reading for its final consideration unless decided otherwise by a majority of all the Sanggunian Members.

SECTION 52. Majority Requirement. - No ordinance or resolution passed by the Sanggunian shall be valid unless approved by a majority of the Members present, there being a quorum. Any ordinance or resolution 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.

Upon the passage of all ordinances or resolutions, the Sanggunian Secretary 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.

On all Resolutions/Ordinances passed, every member of the Sanggunian present shall affix their signature for concurrence.

SECTION 53. Special Provisions on the Budget Ordinance. - The Sanggunian shall, in no case, increase the appropriation of any project or program of any office of the Province of Agusan del Sur over the amount submitted by the Provincial Governor in his budget proposal.

After the Provincial Governor shall have submitted the annual general appropriations measure, supplemental budget appropriation measure, shall be considered only if supported by actually available funds as certified to by the local treasurer or by funds to be raised by corresponding revenue proposals included therein.

SECTION 54. Approval by the Provincial Governor. - Every ordinance passed by the Sanggunian shall be forwarded in hard copies only to the Provincial Governor for approval. He/She shall affix his/her initials on each and every page of the ordinance and the word "approved" shall appear with his/her signature on the last page thereof. The same shall be done on resolutions approving the provincial development plan and public investment program passed for his/her approval.

Within fifteen (15) days after receipt of the ordinance or resolution approving the provincial development plan and public investment program, the Provincial Governor shall return the said ordinance or resolution to the Sanggunian with either his/her approval or his/her veto. If he/she does not return it within that time, the ordinance or resolution shall be deemed as if he/she had signed it.

SECTION 55. Veto Power of the Provincial Governor. - The Provincial Governor may veto any ordinance on the ground that it is ultra vires or prejudicial to the public welfare particularly stating his/her reasons therefor in writing.

The Provincial Governor shall have the power to veto any particular item or items of an appropriation ordinance, or resolution adopting the provincial development plan and public investment program or an ordinance directing payment of money or creating liability. In such case, the veto shall not affect the itern/s which is/are not objected to. The vetoed item/s shall take effect unless the Sanggunian overrides the veto in the manner hereunder provided: otherwise, the item/s in the appropriation ordinance of the previous year corresponding to those vetoed, if any shall be deemed reenacted.

The Sanggunian may override the veto of the Provincial Governor concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the Governor.

The Provincial Governor may veto an ordinance or resolution approving the provincial development plan and public investment program only once.

SECTION 56. Review by the Sangguniang Panlalawigan. - Within three (3) days after approval, the Sangguniang Bayan Secretary shall forward to the Sangguniang Panlalawigan for review, copies of approved ordinances, and the resolutions approving the local development plans and public investment programs formulated by the local development councils.

Within thirty (30) days after receipt of copies of such ordinances and resolutions, the Sangguniang Panlalawigan shall examine the documents or transmit them to the Provincial Legal Officer or if there be none, to the Provincial Prosecutor for prompt examination. The Provincial Legal Officer or Provincial Prosecutor shall, within a period of ten (10) days, from receipt of the documents, inform the Sangguniang Panlalawigan in writing of his comments or recommendations, which may be considered by the Sangguniang Panlalawigan in making its decision.

If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the Sangguniang Bayan concern, it shall declare such ordinance or resolution invalid in whole or in part. The Sangguniang Panlalawigan shall enter its action in the Minutes and shall advise the corresponding municipal authorities of the action it has taken.

If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

SECTION 57. Enforcement of Disapproved Ordinance or Resolution. - Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof shall be sufficient ground for the suspension or dismissal of the official or employee concerned.

SECTION 58. Effectivity of Ordinance or Resolution. - Unless otherwise stated in the ordinance or the resolution, approving the local development plan and public investment program, the same shall take effect ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the Provincial Capitol, and in at least two (2) other conspicuous places in the province.

Not later than five (5) days after the passage of the ordinance or resolution, the Sanggunian Secretary shall cause the posting thereof in English together with a copy translated in the vernacular dialect and shall record such fact in a book kept for the purpose, stating the dates of approval and posting thereof.

RULE XI - DECORUM AND DEBATE

SECTION 59. Manner of Addressing the Chair. - When a Member desires to speak, he shall respectfully address the Chair, "Mr./Madam Presiding Officer."

SECTION 60. Recognition of Member to Speak. - When two or more Members talk at the same time, the Presiding Officer shall recognize the Member who is to speak first.

SECTION 61. Time Limit for Speeches. - Except during privilege hour when a member is allowed ten (10) minutes, no Member shall occupy more than ten (10) minutes in debate on any question or speak for more than once on any question without period of interpellation shall not be counted against the time of the Member speaking. There shall be no two-privilege speeches in one setting. Only three (3) speakers shall be allowed in the interpellation: two pros and one cons.

Any Sanggunian Member who wishes to avail of the Privilege Hour shall be required to submit printed and/or electronic copy of his/her Privilege Speech to the Committee on Rules hour/s before the commencement of the session for the purpose of evaluating the content thereof if it is within the scope of the privilege hour.

SECTION 62. Sponsor to Open and Close Debate. - The member reporting a measure under consideration from a Committee may open and close the debate thereon. If the debate should extend beyond one session day, he shall be entitled to an additional fifteen (15) minutes to close.

SECTION 63. Decorum to Open and Close Debate. - In all cases, the Member who has obtained the floor shall confine himself to the question under debate, avoiding personalities. He shall refrain from uttering words, or performing acts which are inconsistent with decorum.

If it is requested that the Member be called to order for words spoken in debate, the Members making such request shall indicate the words excepted to, and they shall be taken down in writing by the Secretary and read aloud. The member who uttered such words shall not be held to answer, nor be subject to censure by the Sanggunian if further debate or other business has intervened.

SECTION 64. Conduct During Session. - During session, the Members shall observe proper decorum. The attire of the Members during session shall be agreed upon by a simple majority. In this case, for all and every session of the Sangguniang Panlaiawigan, the attire for men and women shall be: short sleeve "barong tagalog" ("jusi", upinya" cloth) for men, and, long sleeve "barong" and slacks for women.

During formal occasions, such as visit of foreign and/or local dignitaries, etc., and upon the directive of the Provincial Governor or the Provincial Vice Governor, as the case may be, all Sangguniang Panlalawigan Members shall wear long sleeve "barong tagalog" and appropriate pants.

Any sanggunian member not wearing the prescribed uniform during session shall be penalized Three Thousand Pesos (PhP3,000.00) for every offense.

Any amount that will be collected out from the penalties imposed hereof shall be deposited as trust fund under the Office of the Secretary to the Sanggunian.

While the Presiding Officer is addressing the Sanggunian or putting a question, no member shall be allowed to walk out or walk across the session hall.

All cellular phones must be placed on silent mode when the sanggunian is on session.

RULE XII - VOTING AND MOTIONS

SECTION 65. Manner of Voting. - The Presiding Officer shall put a question, saying "As many as are in favor of (as the question may be), say Yes" and, after the affirmative vote is counted, "As many as are opposed, say No".

An abstention shall not be counted as a vote. Unless otherwise provided by law or by these Rules by a majority of those voting, a quorum being present, shall decide the issue.

SECTION 66. Nominal Voting. - The Yes and No on a question shall be entered in the Minutes.

SECTION 67. Explanation of Vote. - A Member may explain his vote in not more than three minutes.

SECTION 68. No Interruption During Voting Execution. - The voting shall not be interrupted except on a question of a quorum.

SECTION 69. Tie Vote. - In case of tie, the Presiding Officer shall vote. A tie on an appeal from the ruling of the Chair sustains the decision of the Chair.

SECTION 70. Who May Move for Reconsideration. - When a motion, report or proposed measure is adopted or lost, it shall be in order for a Member who voted with the majority to move for the reconsideration thereof on the same or succeeding session day. Such motion shall take precedence over all other questions, except a motion to adjourn, to raise a question or privilege and a call to order.

SECTION 71. Recording of Motion. - Every motion shall be entered in the Minutes with the name of the Member making it, unless it is withdrawn on the same day.

SECTION 72. Reading and Withdrawal of Motions. - When a motion is made, the Presiding Officer shall state it before being debated. Except as herein otherwise provided, a motion may be withdrawn anytime before its approval or amendment.

SECTION 73. Precedence of Motions. - When a question is under debate, no motions shall be entertained except to:

a) Adjourn;

b) raise a question;

c) declare a recess;

d) lay on the table;

e) postpone to a certain day, which foregoing motions shall be decided without a debate;

f) motions to refer, amend or postpone indefinitely which shall be decided subject to the five-minute rule.

The above-mentioned motions shall have precedence in the foregoing order. No motion to postpone to any day certain, or refer, or postpone indefinitely, having failed passage, shall again be allowed on the same day.

SECTION 74. Motion to Adjourn. - Motion to adjourn shall always be approved by majority of the members. No debate is entertained in a motion to adjourn.

SECTION 75. Amendments. - When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order. It shall also be in order to offer further amendment by substitution, but it shall not be voted upon until the original motion or proposition is perfected. Any of said amendments may be withdrawn before a decision is had thereon.

SECTION 76. Rider Prohibited. - No motion or proposition on a subject different from that under consideration shall be allowed under color of amendment.

SECTION 77. Motion to Cover One Subject Matter. - No motion shall cover more than one subject matter.

SECTION 78. Amendment to Title. - Amendments to the title of a proposed ordinance or resolution shall not be in order until after the text thereof has been perfected.

Amendments to the title shall be decided without debate.

SECTION 79. Point of Order. - A motion to read any part of the rules is equivalent to a point of order and takes precedence over any motion other than to adjourn.

SECTION 80. Question of Privilege. - Question of privilege are:

a) Those affecting the rights of the Sanggunian; the safety, dignity, and integrity of its Members.

b) Those affecting the rights, reputation and conduct of the Members, individually, in their capacity as such Members.

Subject to the five-minute rule, questions of privilege shall have precedence over all other questions, except a motion to adjourn.

SECTION 81. Privilege Question. - Privilege questions are those motions or subject matters, which, under the Rules, take precedence over other motions and subject matters.

RULE XIII- SUSPENSION OF THE RULES

SECTION 82. Who can Move. - Any Member of the Sanggunian may move for the suspension of the Rules.

SECTION 83. Interruption of Motion. - When a motion to suspend the Rules is pending, one motion to adjourn may be entertained. If it is lost, no similar motion shall be entertained until the vote is taken on the motion to suspend.

SECTION 84. Effect of Suspension. - If the Sanggunian vote to suspend the Rules, it shall forthwith proceed to consider the measure. A two-thirds (2/3) vote of the Members present shall be necessary for the passage of said measure, a quorum being present.

RULE XIV — AMENDMENTS

SECTION 85. Amendments. - Any portion of these Rules may be amended by a two-thirds (2/3) vote of all the Sanggunian Members.

RULE XV — EFFECTIVITY

SECTION 86. Effectivity. - These Rules shall take effect on the date of their adoption.

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PGAS honors Students, International Awardees

 

CELEBRATING VICTORY, the Provincial Local Government of Agusan del Sur during the flag raising ceremony on July 8, 2013 awarded a group of students who won in the recently concluded international competitions.

Allaney Jia G. Doroy, a grade VI pupil of San Francisco Pilot Central Elementary School bagged 2 gold medals for winning both the Individual and Team Philippines-Standard and 1 bronze medal for Team Philippines-Rapid during the 14th ASEAN Age Group Chess Championship held on June 6-13, 2013 at Chiangmai, Thailand.

The 11-year old Agusanon who was named the 1st Youngest Female Women Fide Master (WFM) in the Philippines, received a new laptop right and then from Gov. Adolph Edward G. Plaza who was also so proud of the child’s exemplary achievement.

Also in the field of inventions, 13 students from Agusan del Sur National Science High School garnered two gold medals, 1 silver and 1 bronze medal, Korea University Invention Association Special Award and International Intellectual Property Network Forum Leading Innovation Award during the 2013 Macau International Innovation and Invention Expo at Fisherman’s Wharf Convention and Exhibition Center, Macau China on June 28-30, 2013.

The researchers namely Quinly Mar D. Omanglad, Yva Faye G. Castro, Lady Kristelle Van Z. Alaan, Norelyn M. Elladora, NQ B. Camarao, Erwin Royce O. Unson,  Vunn Jon Whan A. Teposo, Liezel I. Cavan, Charlene Bahalla,  Divine Mercy Q. Palad,  April Joyce Martinez,  Ace Michael B. Magalso, Roselle D. Bustamante, Jessah Mae D. Largo, Joy Bernabeth S. Opiana,  Arfe Joanne C. Goyo were coached by Norelyn M. Elladora,  Ace Michael B. Magalso and Liezel I. Cavan.

Gov. Plaza in his short talk after the awarding said he was very happy to recall that Agusan del Sur National Science High School which was just established in 2002 through the efforts of the provincial local government is now already producing empowered and science oriented individuals.

“Once again, we have proven not only in the country but also in the world that the kind of education we have in Agusan del Sur is globally competitive in the field of science and sports”, Gov Plaza added.

Awardees will receive cash incentives from the province pursuant to Provincial Ordinance No. 7, series of 2003.

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VICE GOVERNOR CANE GETS A THIRD TERM

WITH AN OVERWHELMING 134,799 votes, Santiago “Santi” B. Cane, Jr. was once again proclaimed Provincial Vice Governor in Agusan del Sur; with 60,699 votes over his closest opponent who had 74,100 votes.

Winning in Bayugan City and 12 municipalities, Santi Cane,Jr., a graduate ofBachelor of Science in Commerce, major in Accounting, and known for being the Father of the Paperless Session in the Philippines gave a good fight by citing his record of superb performance as a former Sangguniang Panlalawigan Member for three straight terms, and as provincial vice governor for two terms.

He had authored a number of landmark legislations in the fields of education, health, youth and development, economic and social services.  Per record he authored 82 Ordinances, 1,326   Resolutions and   co-authored 8 other Ordinances.

Despite grave character assassinations and name-calling and painful massive demolition tactics during the whole duration of campaign period by his opponents, Cane who believed in clean and truthful campaigning remained steadfast in presenting his platforms and in supporting the whole National Unity Party (NUP).

Asked how he felt about his winning, Cane said “From the very start, I never had an iota of doubt that the verdict of the people would be in my favor. I know I will win this election because I have full trust and confidence in our people of Agusan del Sur having seen and felt that I have worked hard as vice governor for the last six years and I have been a good partner of Gov. Adolph Edward ‘Eddiebong’ G. Plaza in all the programs, projects and activities that promote better lives for all Agusanons.”

“We are very happy that Sir Cane won again because our province deserves a good vice governor”, a retiree in Bayugan City tearfully said. Cane, who will serve as the presiding officer of the 14th Sangguniang Panlalawigan beginning at noon time on June 30, 2013 thanked all the people who supported him, mentioning specially the former Gov. Valentina G. Plaza, re-elected Gov. Adolph Edward G. Plaza, Congresswomen MariaValentina G. Plaza and Evelyn Plaza-Mellana of district 1 and district 2, respectively, the members of the Sanggunian Panlalawigan, all his workers and supporters, and he also asked those who did not support his candidacy to bear with him in the next three years and work in harmony with him “para sa katawhan” during the flag raising ceremony on May 20, 2013 at the Naliyagan Cultural Center.

He further said that the election fever is over and that it’s high time to buckle up for work again.

 

 

 

Read more...

VICE GOVERNOR CANE GETS A THIRD TERM

WITH AN OVERWHELMING 134,799 votes, Santiago “Santi” B. Cane, Jr. was once again proclaimed Provincial Vice Governor in Agusan del Sur; with 60,699 votes over his closest opponent who had 74,100 votes.

Winning in Bayugan City and 12 municipalities, Santi Cane,Jr., a graduate ofBachelor of Science in Commerce, major in Accounting, and known for being the Father of the Paperless Session in the Philippines gave a good fight by citing his record of superb performance as a former Sangguniang Panlalawigan Member for three straight terms, and as provincial vice governor for two terms.

He had authored a number of landmark legislations in the fields of education, health, youth and development, economic and social services.  Per record he authored 82 Ordinances, 1,326   Resolutions and   co-authored 8 other Ordinances.

Despite grave character assassinations and name-calling and painful massive demolition tactics during the whole duration of campaign period by his opponents, Cane who believed in clean and truthful campaigning remained steadfast in presenting his platforms and in supporting the whole National Unity Party (NUP).

Asked how he felt about his winning, Cane said “From the very start, I never had an iota of doubt that the verdict of the people would be in my favor. I know I will win this election because I have full trust and confidence in our people of Agusan del Sur having seen and felt that I have worked hard as vice governor for the last six years and I have been a good partner of Gov. Adolph Edward ‘Eddiebong’ G. Plaza in all the programs, projects and activities that promote better lives for all Agusanons.”

“We are very happy that Sir Cane won again because our province deserves a good vice governor”, a retiree in Bayugan City tearfully said. Cane, who will serve as the presiding officer of the 14th Sangguniang Panlalawigan beginning at noon time on June 30, 2013 thanked all the people who supported him, mentioning specially the former Gov. Valentina G. Plaza, re-elected Gov. Adolph Edward G. Plaza, Congresswomen MariaValentina G. Plaza and Evelyn Plaza-Mellana of district 1 and district 2, respectively, the members of the Sanggunian Panlalawigan, all his workers and supporters, and he also asked those who did not support his candidacy to bear with him in the next three years and work in harmony with him “para sa katawhan” during the flag raising ceremony on May 20, 2013 at the Naliyagan Cultural Center.

He further said that the election fever is over and that it’s high time to buckle up for work again.

Read more...
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