TABLE OF CONTENTS INTRODUCTION The Barangay in the 1987 Constitution The Role of the Barangay CHAPTER I. NATURE and ATTRIBUTES OF THE BARANGAY CHAPTER II. INSTRUMENTALITIES OF THE BARANGAY CHAPTER III. BARANGAY LEGISLATION Nature and Concept of Legislation Dimensions of Legislation CHAPTER IV. LEGISLATIVE PROCESS PROCEDURAL REQUIREMENTS SUBSTANTIVE REQUIREMENTS CHAPTER V. DYNAMICS OF PARLIAMENTARY PROCEDURE CHAPTER VI. LEGISLATIVE ACTS, DOCUMENTS AND RECORDS CHAPTER VII. LEGISLATIVE REVIEW
Transcript
TABLE OF CONTENTS
INTRODUCTION
The Barangay in the 1987 ConstitutionThe Role of the Barangay
CHAPTER I. NATURE and ATTRIBUTES OF THE BARANGAY
CHAPTER II. INSTRUMENTALITIES OF THE BARANGAY
CHAPTER III. BARANGAY LEGISLATION
Nature and Concept of Legislation Dimensions of Legislation
CHAPTER IV. LEGISLATIVE PROCESS
PROCEDURAL REQUIREMENTSSUBSTANTIVE REQUIREMENTS
CHAPTER V. DYNAMICS OF PARLIAMENTARY PROCEDURE
CHAPTER VI. LEGISLATIVE ACTS, DOCUMENTS AND RECORDS
CHAPTER VII. LEGISLATIVE REVIEW
HANDBOOK ON BARANGAY LEGISLATION
INTRODUCTIION
The Barangay in the 1987 Constitution
The State in Section 25, Article III of the 1987 Constitution guarantees, as a national principle and policy, the “autonomy of local government units”. Towards this end Article X, a separate article on Local Governments, the State subdivided its territory into “local government units” or LGUs, namely the Provinces, Cities, Municipalities and Barangays” and delegated to each LGU more powers, authority and resources to manage local affairs as “political subdivisions” of the Republic. Thus, LGUs, including the Barangay, as “territorial and political subdivisions of the Republic of the Philippines” had been engaged in an unprecedented active governance and development as “self-reliant communities” and “effective partners in the attainment of national goals.”
To operationalize the State policy for a genuine and meaningful autonomy for LGUs, Congress was mandated to enact a “Local Government Code” with the declared policy: “It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Towards this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. X x x. “
Thus, through an Act of Congress, namely: “The Local Government Code of 1991” or Republic Act 7160 and its Implementing Rules and Regulations (IRR or AO 260) the National Government established the legal framework for local governance for guidance and compliance of all LGUs. Thus, RA 7160 is aptly called the “Bible” of local governance and development. Role of the Barangay in the New Politico-Administrative System
In the pursuit of a genuine and meaningful local autonomy in the countryside, Republic Act 7160, otherwise known as “The Local Government Code of 1991”, envisions to nurture Local Government Units (LGUs), as “self-reliant communities”, especially the Barangays, and empower said local communities as “effective partners” of the national government in the attainment of sustainable development . In this legal and policy framework the Barangay, as a governmental and corporate entity, is assigned the following roles:
“Section 384. Role of the Barangay. As the basic political unit, the barangay serves as “the primary planning and implementing unit of government policies, programs, projects, and activities in the community,” and as “ a forum wherein collective views of the
people may be expressed, crystallized and considered”, and “where disputes may be amicably settled.”
Primary Planning and Implementing Unit of Government Programs
This is the rationale why RA 7160 under Section 107 (a), RA 7160 created in every barangay the Barangay Development Council (BDC) which shall operationalize this role.
A Forum for Popular Consultation
This the very rationale why under Section 397 (b) of RA 7160, the “Barangay Assembly shall be convened at least twice a year to hear and discuss the semestral report of the sangguniang barangay concerning its activities and status of finances as well as problems affecting the barangay. Its meetings shall be held upon call of the punong barangay or of at least four ( 4 ) members of the sangguniang barangay, or upon written petition of at least five (5%) of the assembly members.” Moreover, mandatory public consultation shall be required in barangay legislation.
Amicable Settlement of Disputes
It is only at the barangay level that the Katarungang Pambarangay under PD 1508 was codified and strengthened into RA 7160. Said barangay- based program shall be administered by the Lupon Tagapamayapa, a group of not less than ten (10) but not more than twenty (20) residents of the barangay appointed by the Punong Barangay from his qualified residents. The Punong Barangay serves as Lupon Chairman. Amicable Settlement Agreements and Arbitration Awards effected through the Lupon in disputes within the jurisdiction of the Lupon shall have the force and effect of a final judgment of the Court without the disputing parties going through the expensive and protracted judicial process. Likewise, through this mechanism, disputes falling within the jurisdiction of the Lupon are required to go through mediation, conciliation and arbitration in the Lupon before the Courts can acquire jurisdiction for compulsory adjudication.
CHAPTER I
Nature and Attributes of the “Barangay”
The “BARANGAY” is the smallest and basic territorial and political subdivision of the Republic. ( Section 1, Article X, 1987 Constitution ). As a “political subdivision” of the Republic, it is constituted as a “governing entity” within its territorial jurisdiction.
Thus, the Barangay is a juridical entity possessed of “governmental ” and “corporate” powers. (Section 15, RA 7160), a far cry from being a mere tax collection unit of the national government. Section 15 of RA 7160 declares this in this wise:
“Section 15. Political and Corporate Nature of Local Government Units. Every local government unit created or recognized under this
Code (including the Barangay) is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the National Government and as a corporate entity representing the inhabitants of its territory.”
As a “political subdivision” or “body politic” the Barangay is empowered with Governmental Powers of the Barangay consisting of the following:
General Welfare Power (Section 16, RA 7160)
“Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.”
This is an INHERENT POWER of a State ensuing from its right to protect and preserve itself. From this essence, it is concededly the most expansive and almost limitless power in that the State can interfere in the rights of its citizens. Thus, it is also known or referred to as POLICE Power or DISCIPLINING POWER because it can validly PROHIBIT, COMPEL or REGULATE acts and use of property to promote and protect the general welfare of its constituencies, to protect and secure their safety and convenience, enhance their health, protect the integrity of its territory, etc.
Power to Generate and Apply Resources (Section 18, RA 7160)
“x x x.; to create their own sources of revenue and to levy taxes, fees and charges which shall accrue exclusively for their use and disposition and which shall be retained by them; to have a just
share in national taxes which shall be automatically and directly released to them without need of any further action; to have an equitable share in the proceeds from the utilization and development of the national wealth and resources within their respective territorial jurisdictions including sharing the same with the inhabitants by way of direct benefits; to acquire, develop, lease, encumber, alienate, or otherwise dispose of real or personal property held by them in their proprietary capacity and to apply their resources and assets for productive, developmental, or welfare purposes, in the exercise or furtherance of their governmental or proprietary powers and functions and thereby ensure their development into self-reliant communities and active participants in the attainment of national goals.”
“Section 132. Local Taxing Authority-The power to impose a tax, fee, or charge or to generate revenue under this Code shall be exercised by the sanggunian of the local government unit concerned through an appropriate ordinance.”
“Fee” is a charged fixed by law or ordinance for the regulation or inspection of a business or activity.”
“Charge” refers to pecuniary liability such as rents or service fees
against persons or property.”
“Taxes”
Every LGU is assigned its own “specific taxing authority” and cannot encroach upon the tax base assigned to another LGU. The Barangay’s specific taxing power is enumerated in Section 152 of RA 7160, as follows:
“Section152. Scope of Taxing Powers.- The Barangay may levy taxes, fees and charges, as provided in this Article, which shall exclusively accrue to them:
a) Taxes- On stores or retailers with fixed business establishments withGross sales or receipts of the preceding calendar year of x x x Thirty thousand (P30,000.00) or less, in the case of barangays, at a rate not exceeding one percent (1%) on such gross sales or receipts.”
b) Service Fees or Charges.- Barangays may collect reasonable fees or charges for services rendered in connection with the regulation or the use of barangay-owned-controlled properties or service facilities such as palay, copra, or tobacco dryers.”
c) Barangay Clearance.- No city or municipality may issue any license or permit for any business or activity unless a clearance is first obtained from the barangay where such business or activity is located or conducted. For such clearance, the sangguniang barangay may impose a reasonable fee. The application for clearance shall be acted upon within seven (7) working days from the filing thereof. In the event that the clearance is not issued within the said period, the city or municipality may issue the said license or permit.”
d) Other Fees and Charges.- The Barangay may levy reasonable fees and charges:
(1) On commercial breeding of fighting cocks, cockfights and cockpits; (NOTE: “Commercial Breeding means an annual sale of more than five (5) fighting cocks of a duly registered breeder)
(2) On places of recreation which charge admission fees; (“places of recreation or amusement” is where one seeks admission to entertain himself by seeing or viewing the show or performance or those where one amuses himself by direct participation)
(3) On billboards, signboards, neon signs, and outdoor advertisements.”
COMMON REVENUE RAISING POWERS
“Section 153. Service Fees and Charges.-Local government units may impose and collect such reasonable fees and charges for services rendered.”
“Section 154. Public Utility Charges.- Local government units may fix the rates for the operation of public utilities owned, operated and maintained by them (LGU) within their jurisdiction.”
“Section 155. Toll Fees and Charges. The sanggunian concerned may prescribed the terms and conditions and fix the rates for the imposition of toll fees o r charges for the use of any public road, pier or wharf, waterway, bridge, ferry or telecommunication system funded and constructed by the local government unit concerned: Provided, That no such toll fees and charges shall be collected from officers and enlisted men of the Armed Forces of the Philippines and members of the PNP on mission, post office personnel delivering mail, physically-handicapped, and disabled citizens who are sixty-five (65) years or older.”
When public safety and welfare so requires, the sangunian concerned may discontinue the collection of the tolls, and thereafter the said facility shall be free and open for public use.”
“Section 186. Power To Levy Other Taxes, Fees or Charges. Local government units may exercise the power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory or contrary to declared national policy: Provided further, That the ordinance levying such taxes, fees or charges shall not be enacted without any prior public hearing conducted for the purpose.”
“Section 187. Procedure for Approval and Effectivity of Tax Ordinances and Revenue Measures; MANDATORY PUBLIC HEARING.- The procedure for approval of local tax ordinances and revenue measures shall be in accordance with the provisions of this Code: x x x.”
“Section 188. Publication of Tax Ordinances and Revenue Measures.”
Share of the Barangay From Other Taxes
“Art. 251. Allocation of Proceeds of Community Tax.”
(b) 50% shall accrue to the barangay where the tax is collected. (This presupposes that the Barangay Treasurer was authorized to collect the Community Tax)
“Article 362. Distribution of RPT Proceeds”.
Provinces:
(3) Barangay Share- 25% shall accrue to the Barangay hwere the property is located.”
City:
(2) Barangay Share.- 30% shall be distributed among the barangaysd where the property is located in the following manner:
i) 50% shall accrue to the Barangay where the property is located; andii) 50% shall accrue equally ti all component barangays in the city.”
Art. 378. 40% of the collection under the National Internal Revenue Code shall be allocated as share of LGUs”
“Article 382. Allocation of the Internal Revenue Allotment.
“Art. 388. Share of LGUs in the Development and Utilization of National Wealth.
a) One percent (1%) of the gross sales or receipts of the preceding calendar year; or
b) Forty percent (40%)of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines the NGA or GOCC would have paid if it were otherwise exempt.”
Art 389. Allocation of Shares:
In the natural resource is located in the Province:
Province . . . . . . 20% Municipality/City . . . 45% Barangay. . . . . 35%
COMMON LIMITATIONS ON THE TAXING POWERS OFLOCAL GOVERNMENT UNITS
“Section 133. Common Limitations on the Taxing Powers of Local Government Units.- Unless otherwise provided herein, the exercise of the taxing powers of provinces, cities, municipalities and barangays SHALL NOT EXTEND TO THE FOLLOWING:
(a) Income tax, except when levied on banks and other financial institutions;(b) Documentary stamp tax;(c) Taxes on estates, inheritance, gifts, legacies and other acquisitions
mortis causa, except as otherwise provided herein;
(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of customs fees, charges and dues except wharfage on wharves constructed and maintained by the local government unit concerned.;
(e) Taxes, fees or charges and other impositions upon goods carried into or out of, or passing through, the territorial jurisdictions of local government units in the guise of charges for wharfage, tolls for bridges or otherwise, or other taxes, fees or charges in any form whatsoever upon such goods or merchandize;
(f) Taxes, fees or charges on agricultural and aquatic products when sold by marginal farmers or fishermen;
(g) Taxes on business enterprises ceretified to by the Board of Investments as pioneer or non-pioneer for a period of six (6) and four (4) years, respectively from the date of registration;
(h) Excise taxes on articles enumerated under the National Internal Revenue Code, as amended, and taxes, fees or charges on petroleum products;
(i) Percentage or value-added tax (VAT) on sales, barters or exchanges or similar transactions on goods or services except as otherwise provided herein;
(j) Taxes on the gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common carriers by air, land or water, except as provided in this Code;
(k) Taxes on premiums paid by way of reinsurance or retrocession;(l) Taxes, fees or charges for the registration of motor vehicles and for
the issuance of all kinds of licenses or permits for the driving thereof, except tricycles;
(m)Taxes, fees or charges on Philippine products actually exported, except as otherwise provided herein;
(n) Taxes, fees, or charges, on Countryside and Barangay Business Enterprises and Cooperatives duly registered under R.A. 6810 and Republic Act 6938 otherwise known as Cooperative ‘Code of the Philippines, respectively, and
(o) Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities, and local government units.”
Power of Eminent Domain (Section 19, RA 7160)
“A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer have been previously made to the owner, and such
offer was not accepted: Provided, further, That the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, finally, That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.”
Closure and Opening of Roads (Section 21, RA 7160)
“(a) A local government unit may, pursuant to an Ordinance, permanently or temporarily close or open any local road, alley, park or square falling within its territorial jurisdiction: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two- thirds ( 2/3 ) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided.”
“(b) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of pubic safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government unit concerned may be lawfully used or conveyed.”
“( c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned.”
“d) Any city, municipality, or barangay may, by a duly enacted Ordinance, temporarily close and regulate the use of any local street, road, thoroughfare, or any other public place where shopping malls, Sunday Flea or Night markets, or chopping areas may be established and where goods, merchandize, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.”
On the other hand, the Corporate Powers of the Barangay (Section 22, RA 7160) consist of the following:
1) To have continuous succession in its corporate name 2) To sue and be sued
3) To have and use a corporate seal 4) To acquire and convey real or personal property 5) To enter into contract 6) To exercise such other powers as are granted to corporations,
subject to the limitations provided in this Code and other laws.
The empowerment of the Barangay through the DELEGATION of the above enumerated POWERS under RA 7160 is intended to enable these LGUs, including the Barangay, to adequately manage their local affairs in accordance with law and attain their fullest development as self-reliant communities and as effective partners of the national government in the attainment of national goals. For this purpose, each LGU, including the Barangay, is REQUIRED to deliver specific BASIC SERVICES and FACILITIES described in Section 17 and perform the “role” assigned to the Barangay in Section 384 of RA 7160. Thus,
BASIC SERVICES and FACILITIES (Section 17 (b)(1), RA 7160)
“(a) x x x x x “
“(b) Such basic services and facilities include, but are not limited to, the following:
“(1) For a Barangay:
(i) Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations;
(ii) Health and social welfare services which include maintenance of barangay health center and day care center;
(iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;
(iv) Maintenance of Katarungang Pambaragay;
(v) Maintenance of barangay roads and bridges and water supply system;
(vi) Infrastructure facilities such as multi-purpose hall, multi-purpose pavement, plaza, sports center, and other similar facilities;
(vii) Information and reading center;
(viii) Satellite or public market, where viable;”
“(g) The basic services and facilities hereinabove enumerated shall be funded from the share of local government units in the proceeds of national taxes and other local revenues and funding support from the National Government, its instrumentalities and government-owner and controlled corporations which are tasked by law to establish and maintain such services or facilities. Any fund, or resource available for the use of local government units shall BE FIRST ALLOCATED for the provision of basic services or facilities enumerated in x x x BEFORE applying the same for other purposes, unless otherwise provided in this Code.”
CHAPTER II
BASIC INSTRUMENTALITIES of the BARANGAY
The BARANGAY is a territorial subdivision of the Republic within which a given population resides who owe allegiance to the sovereign authority and its instrumentalities.
Just like any juridical entity, the Barangay operates through its instrumentalities operating within the ambit of their delegated duties, powers and functions and faithful compliance to the Constitutional standards of “Rule of Law”. The Barangay, as a corporate and governmental entity, operates through the following instrumentalities with their corresponding functional jurisdiction:
SANGGUNIANG BARANGAY ( Section 390, RA 7160 )
“The sangguniang barangay, the legislative body of the barangay, shall be composed of the punong barangay as presiding officer, and the seven (7) regular sangguniang barangay members elected at large and the sangguniang kabataan chairman, as members.”
This collegial body shall discharge the indispensable collegial duty and function of “legislation”. As expressly provided, the punong barangay is not a “member” of the sangguniang barangay but its “presiding officer”.
Interestingly, unlike their counterparts in higher sanggunians who are exclusively delegated “legislative duties and functions”, the sangguniang barangay member ( kagawad ) are delegated “executive duties and functions”
in addition to their principal “legislative” functions. “Section 392. Other Duties of Sangguniang Barangay Mambers.
In addition to their collegial powers, duties and functions as members of the sangguniang barangay, each sangguniang barangay members may:
i) Assist the punong barangay in the discharge of his duties and functions;
ii) Act as peace officers in the maintenance of public order and safety; and
iii) Perform such other duties and functions as the punong barangay may delegate.”
PUNONG BARANGAY (Section 389, RA 7160)
The Punong Barangay is the “chief executive” of the Barangay who shall be responsible for the discharge of the duty and function of enforcement of laws and implementation of all government programs. He shall exercise control and supervision over all barangay officials and bodies vested with enforcement functions as well as those assigned by law..
To assist the Punong Barangay in his executive functions during non- session days, Section 392, RA 7160 constitutes the seven (7) regular Kagawads as his “Assistant Executive Officers” and “Peace Officers”. Section 388 of RA 7160 constitutes sangguniang barangay members as “persons in authority” for purposes of the Revised Penal Code while in the performance of their duties and functions. Thus, each Kagawad is assigned to handle a Purok, an administrative subdivision of the barangay, constituted for administrative expediency.
Further, RA 7160 and various legal issuances constituted some special administrative bodies chaired by the Punong Barangay, such as but not limited to, the Barangay Development Committee; Barangay Peace and Order Committee; the Barangay Anti-Drug Abuse Committee; Barangay Nutrition Committee; Barangay Ecological Solid Waste Management Committee; Barangay Council for the Protection of Children; Barangay Disaster Coordinating Council; Tanod; Barangay Nutrition council; Barangay Physical Fitness and Sports Development Council; etc.
BARANGAY ASSEMBLY ( Section 397 and 398, RA 7160) composed of all registered voters of the barangay which perform various crucial roles such as Consultative Forum ( Section ___) in legislation; Accountability Mechanism such as “Recall” ( Section 69-75, RA 7160 as amended by RA 9244);
“Initiative and Referendum” ( Section 120-127, RA 7160 ); and “Disciplinary Action” (Section 60-68, RA 7160).
Specifically, Section 398 of RA 7160 confers the following powers of the Barangay Assembly:
a ) Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned;
b) Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose, enact, or amend any ordinance;
c) Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances;
d) Decide on the petition for recall of any elective barangay official for loss of confidence. ( Section 69-75, RA 7160, as amended by RA 9244, Feb. 19, 2004)
CHAPTER III
LEGISLATION (Section 48-59, RA 7160)
Concept of Legislation
“Legislation”, traditionally described as “the act or process of proposing a law”, is essentially one of the three (3) major functions of “Government”. Since LGUs are essentially engaged by the national government in local governance within their respective territorial jurisdiction, its operating structure consists of an instrumentality referred to as the “legislative body “ of the LGU, to perform legislation functions within its territorial jurisdiction, namely, the “Sangguniang Barangay”.
“Legislation”, essentially, is the prescribed process whereby the sovereign, through its authorized representatives constituting the legislative body, collegially AUTHORIZES the exercise of governmental and corporate powers as well as disposition of public property for the general welfare.”
“Local Legislation” refers to the “rule-making function” of a local government unit delegated by national authority to be exercised by the local legislative body in the furtherance of the socio-cultural, economic and political development needs and aspirations of its inhabitants within its territorial jurisdiction. Local Legislation, therefore, is the duty and function of the local sanggunian to enact rules or regulations for
observance by its inhabitants and those who sojourn within its territorial jurisdiction having the force and effect of law.”
Local Legislation, a delegated sovereign authority for decision-making.
Essentially, “legislation” is a collegial decision-making prerogative of the sovereign. However, pursuant to the republican ideal ( “Governance by the sovereign through authorized representatives”) , this crucial function is entrusted to a few chosen by the sovereign ( Barangay Assembly ) in an election called for the purpose. Thus, the Sangguniang Barangay as the legislative body is designed as a decision-making body of the sovereign with the elected few as decision-makers. The members of this group are expected to infuse into the legislative dynamics their best talents, experience, education and abilities to enhance the collegial decision that shall promote and safeguard the well- being of the community. The Sangguniang Barangay, like all its counterparts, is a microcosm of the sovereign, an instrumentality designed to consolidate the talents, aspirations, wisdom, etc. of the sovereign and entrusted with the sacred task of deciding for them. Local legislation, therefore, is the collegial function to be exercised by the Sangguniang Barangay under a democratic framework.
Legislation, both substantive and procedural.
Legislation is primarily intended to be “responsive and accountable” as its sole purpose is to promote and safeguard the general welfare of its inhabitants. Local legislation should address the needs, problems and aspirations of the local community. Local Legislation is responsive and accountable when the constituencies actively participate in and supply the “substance” of local legislation and willingly comply with the mandates of legislative measures enacted by their common instrumentality. As a major function of government, its exercise is bound by both procedural and substantive standards. (See Chapter ___)
Legislation in Local Governance
Legislation has far-reaching and profound substantive implications.
1. Legislation is a tool for social order
Essentially, legislation sets and order the whole body of the community with a local policy framework in consonance with established policies and regulations. No society or community could exist for long in peace, harmony and development without some form of control and regulation over the conduct of its members. Enactment of laws, rules and ordinances not only promote the preservation of the people’s lives and property but, more importantly, its survival and sustained development.
2. Legislation as a major power, duty and function of government
Legislation is an essential and exclusive power, duty and function of government often, by necessity, lodged in an independent legislature, co-equal with the Executive and Judicial branches of government. The Sovereign expects that their government will act responsibly, and wisely, fairly and for their welfare. Thus, the acts of the legislature are presumed to be the voice of the people and, therefore, the direct expression of the political will of the sovereign.
3. Legislation as a mechanism to empower the people
The Sangguniang Barangay is the established mechanism by which the Sovereign exercises its power of self-governance. The Sanggunian is, therefore, a tool of the Sovereign constituted to serve the sovereign, not become the master of the sovereign. Without a common tool for
governance, there will be disorder and stagnation of social life. A potent and faithful political instrumentality should empower, not enslave, the people.
4. Legislation as a mechanism for local governance
Governance is founded on authority and power. Without a commoninstrumentality specifically designed for articulation and crystallization of the diverse views and aspirations of the inhabitants into a decision having the force and effect of law, there will be unending strife where the brute strength of the strong among them will prevail over the weak.
5. Legislation as a mechanism for development management
Change is inevitable. But such change can become destructive of the very fabric of social life if its direction and effects are not managed. through responsible legislation, rules and regulations of strategic and sustainable impact on development and safeguards of natural resources can be installed.
The above reasons unerringly points to some preconditions for local legislation, including the barangay, namely:
1. The sanggunian should be composed of responsive and accountable legislators.
Legislation function requires not only the skills of a parliamentarian but the sensitivity to the problems and issues raised by the people and their legislative implications.
“Responsiveness” means the sensitivity and predisposition, individually or collectively, to address the diverse variety of
interests of the silent majority and the outspoken minority and balancing the same. It is a concern for the constituency as contrasted with self-interest; “Accountability” means the capability of exercising legislative functions and powers not only for the public interest but adherence to ethical, legal and moral standards of such acts. It is the fundamental principle of representative governance that “sovereignity resides in the people and all governmental authority emanates from them” and that “public office is a public trust.” It implies that the public trustee shall assume the consequences, i.e., liabilities, for his acts in BAD FAITH in the performance of his public office.
2. An adequate consultation mechanism to enhance full exercise of the right of the people to influence the directions of development policies and legislative agenda that affect their lives and future;
3. A competent technical staff or committee system equipped with experiences and adequate knowledge and research skills on the art of local legislation especially the identification, articulation and aggregation of people’s needs and aspirations into effective public policies with least costs and losses;
4. A Legislative Information Management System wherein the necessary data on the profile of local government unit and its people, existing laws and other vital information are readily available such as codified ordinances and resolutions, including workable legislative library to facilitate the workings of the sanggunian.
CHAPTER
THE LEGISLATIVE BODY OF THE BARANGAY
The Sanggunian is a microcosm of the sovereign of an LGU whereby through its elected representatives, the sovereign consolidates its collegial talents, experience and wisdom to bear upon the task of evolving their local legal and policy framework for governance, order, safety of communal life and sustainable development.
The same attributes is expected and imposed upon the SANGGUNIANG BARANGAY, the LEGISLATIVE BODY of the BARANGAY.
Composition
“The Sangguniang Barangay, the legislative body of the barangay, shall be composed of the punong barangay as Presiding Officer; and
Seven (7) regular sangguniang barangay members elected at large and the Sangguniang Kabataan Chairman, as Members.” (Section 390, RA 7160)
Powers, Duties and Functions of the Sangguniang Barangay (Section 391, RA 7160)
The Sangguniang Barangay, as the legislative body of the barangay, shall:
1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to
promote the general welfare of the inhabitants therein;
2) Enact tax and revenue ordinances, subject to the limitations imposed in this Code;
3) Enact annual and supplemental budgets in accordance with the provisions of this Code;4) Provide for the construction and maintenance of barangay
facilities and other public works projects chargeable to the general fund of the barangay o r such other funds actually available for the purpose;
5) Submit to the sangguniang panlunsod or ssangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof;
6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic
condition and well-being of the residents;
7) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the purpose;
8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangay from national, provincial, city or municipal funds; and monies from other private agencies and individuals. Provided, however, that monies or properties donated
by the agencies and individuals for specific purposes shall accrue
to the barangay trust fund;
9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical and advisory assistance to barangays and to barangay residents: Provided, however, That in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes;
10) Provide compensation, reasonable allowances or per diems as well as travel expenses for sangguniang barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of this Code: Provided, however, That no increase in the compensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase;
11) Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite: Provided, finally, That said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund-raising activity was undertaken;
12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to provisions of this Code;
13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One Thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the barangay;
14) Prescribe fines in amounts not exceeding One Thousand pesos (P1,000.00) for violation of barangay ordinances;
15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat tagapagkasundo;
16) Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary;
17) Organize regular lectures, programs, or for a on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government;
18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay;
19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age;
20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency;
21) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law;
22) Provide for the establishment of a non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports;
23) Provide for the delivery of basic services; and
24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
The Sangguniang Barangay as a “Deliberative Body”
The Sangguniang Barangay as a “legislative body” is not an ordinary body of men and women. A reknown parliamentarian considers a legislative body, a “deliberative body”, as “a Constitutionally established public law-making body of representatives chosen by the electorate for a fixed term of office”. ( Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised”, 1990 Ed., Scott, Foreman and Company, Glenview, Illinois, USA, p. 7)
A “deliberative body” is a group of persons empowered to exercise collegial judgment in formulating decisions that shall have the force and effect of law upon theprincipals of the deliberative body.
A Deliberative Body essentially caters to the vital process of articulation of
views on vital issues and matters affecting community life and to the synthesis and crystallization of such diverse views into a collegial decision. The official tagalong name “SANGGUNIANG” bespeaks of this essence. As in all deliberative bodies in the world and through time the Sangguniang Barangay, being a permanent deliberative body, should have an internal operating structure defining the duties, powers and functions of officers and sub-groups called “committees” that assists the body prepare the business for collegial consideration or “in-aid of legislation” functions; a formal procedural system of disposing its business; a code of conduct and decorum; etc.
The Sangguniang Barangay, as in all deliberative bodies, the MEMBERS are CO-EQUAL and the decision of the majority after due deliberation in accordance with democratic standards, become the COLLEGIAL DECISION, VOICE or ACT. “The tagalog title “KAGAWAD” means “kaparehas/kasama/kapatas sa pag-GAWAD” (grant/confer) ng kapahintulutang gamitin ang mga kapangyarihang panggobyerno”! Consequently, there is a necessity for an IMPARTIAL REFEREE of the deliberative process. Thus, the Punong Barangay, the chief executive of the barangay is assigned as the Regular Presiding Officer of the meetings of the legislative body.
Equally important in a meeting or session is for an impartial recorder of the proceedings and keeper/custodian of all the official records of the sangguniang barangay.However, the LGC prohibits a sangguniang member from being appointed as permanent or even designated as temporary Secretary of the deliberative body as this function will distract or compete for the requisite focus and attention to his sensitive legislative functions imposed upon a deliberating member. Hence, RA 7160 assigns the Barangay Secretary as Secretary of the Sangguniang Barangay to record the proceedings ( events ) of the meeting or session in a recordbook called “Journal” from which he/she shall prepare the “Minutes” for the consideration and adoption by the sangguniang barangay. The use of tape-recording equipment/gadget by the Secretary is acceptable as a back-up or support to his journal entries. It will be useful in validating his journal entries by playing it back. However, it is observed that discarding the journal and totally relyingin tape-recordings contribute to the delays in the preparation of the “draft minutes” as trnscribing the vocal recordings into word-for-word written record consumes the time of the Secretary.
Effect of the absence of the Presiding Officer and Secretary
The absence of the Regular Presiding Officer or Secretary doesn”t invalidate a regular or special meeting of the sangguniang barangay unlike when there is no quorum of members, the law strictly prohibits the substitution of absent sangguniang barangay members with a “Temporary Member” OR the absent members from designating their representative! Just as the law provides for the manner of substituting with a “Temporary Presiding Officer” in case the Regular Presiding Office is unable to preside, the Secretary may also be substituted by a “Temporary Secretary” by agreement or accord of the Sangguniang Barangay at the start of the meeting or session.
Sessions/Meetings of the Sangguniang Barangay
Section 52 of RA 7160 provides:
“Sessions.-
“a) On the first day of the session immediately following the election of its members (INAUGURAL SESSION/MEETING), the sanggunian shall, by resolution, fix the DATE, TIME and PLACE of its regular sessions or meetings. The minimum number of sessions shall be x x x twice a month for the sangguniang barangay.”
“b) When public interest so demands, special sessions may be called by the local chief executive or by a majority of the members of the sanggunian.”
“c) All sanggunian sessions shall be open to the public unless a closed- door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. X x x.”
“d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the member’s usual place of residence at least twenty-four (24) hours before the special session is held.”
Unless concurred in by two-thirds ( 2/3 ) votes of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.”
“e) Each sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sanggunian concerned.”
OPERATING STRUCTURE OF THE SANGGUNIANG BARANGAY
As a “permanently organized body”, it is vital for the sangguniang barangay to establish an operating structure composed of key officers and committees, as follows:.
Key Officers and Functions
Presiding Officer
The Punong Barangay, essentially an executive official, shall act as the REGULAR PRESIDING OFFICER during the legislative process whose powers, duties and functions consist of the following:
1) Call the meeting (or session) to order upon determination of quorum;
2) Recognize properly the member seeking to obtain the floor;
3) Make rulings, particularly on points of order, parliamentary inquiry, requests, and other routine procedural matters;
4) Maintain order and decorum in the proceedings;
5) Puts a question in a motion before the assembly;
6) Puts a pending question to a vote and announces the result of the voting;
7) Inform the body of each item of business;
8) Adjourn the meeting/session properly;
9) Declares a recess whenever he finds the necessity; 10) Perform such other duties and functions required of him by the rules of the organization; (Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised”, 1990 Ed.; Scott, Foresman and Company, Glenview, Illinois, USA, p. 2-3)
11) Certify to the genuineness and due passage of any ordinance enacted and resolutions adopted by the deliberative body in the session/meeting over which proceedings he presided; (Section 49 (b), RA 7160)
12) Vote ONLY to break a tie (Section 49 (a), RA 7160)
NOTE: “To vote in case of tie” is a privilege. Thus, the PO may or may not vote. However, the law provides “VOTE TO BREAK A TIE” which contemplates that this extraordinary instance when non-member is allowed by law to vote is an IMPOSED DUTY which will be validly exercised only if the result of his vote BREAKS THE TIE. There is a “TIE” when the number of Affirmative is equal to the number of Negative votes. To vote “abstain” doesn’t fulfill the duty as the “tie” remains. Thus, the only vote allowed for the PO to cast is either an affirmative or negative vote which, undoubtedly, will fulfill the legal purpose for imposing the duty “vote only to break the tie!.
Another reason why this DUTY is imposed on the PO when the voting results to a tie is because this voting result defeats the decision-making function of the sangguniang
barangay. Thus, the imposition of the duty and its faithful exercise will fulfill that collegial function.
In his book, Robert synthesizes the duties and functions of a presiding officer, as follows:
1) “To open the meeting at the appointed time by taking the chair and calling the meeting to order, having ascertained that a quorum is present”;
2) “To announce in proper sequence the business that comes before the assembly or becomes in order in accordance with the prescribed order of business and with existing orders of the day”;
3) “To recognize members who are entitled to the floor”;
4) “ To state and to put to vote all questions that legitimately come before the assembly as motions or that otherwise arise in the course of proceedings ( except questions that relate to the presiding officer himself, and to announce the result of each vote; or if a motion that is not in order is made, to rule it out of order”;
5) “To protect the assembly from obviously frivolous or dilatory motions by refusing to recognize them”;
6) “To enforce the rules relating to debate and those relating to order and decorum within the assembly”;
7) “To expedite business in every way compatible with the rights of members”;
8) “To decide all questions of order, subject to appeal, unless, when in doubt, the presiding officer prefers initially to submit such question to the assembly for decision”;
9) “To respond to inquiries of members relating to parliamentary procedure or factual information bearing on the business of the assembly”;
10) “To authenticate by his or her signature, when necessary, all acts, orders and proceedings of the assembly”;
11) “To declare the meeting adjourned when the assembly so votes or, where applicable, at the time prescribed , or at
any time in the event of a sudden emergency affecting the safety of those present”. ( “Sarah Corbin Robert”, supra, p. 441-442)
Given the above special duties and functions of the Presiding Officer,he is expected to possess the following values and skills:
1) Objective, fair, impartial and credible;
2) Ability to provide leadership during deliberations and in collegial decision-making;
3) Ability to steer members to actively and productively participate in the deliberation of the sanggunian so the issue at hand is fully understood before collegial decision is made ;
4) Committed to high legislative performance;
5) Ability to express his thoughts and ideas clearly;
6) Possess thorough knowledge of the sanggunian Internal
Rules of Procedure as well as Parliamentary Procedures.
Inability of Regular Presiding Officer (Punong Barangay) to Preside
“In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present constituting a quorum shall elect from among themselves a TEMPORARY PRESIDING OFFICER. He shall certify within ten ( 10 ) days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.”
It will be noted that the determination of a TEMPORARY PRESIDING OFFICER is not by succession but by election from among the members present, there being a quorum. It is because each sangguniang barangay member is CO- EQUAL in “legislative” prerogatives,. Ranking among them becomes a prerogative only in “succession” in case of temporary or permanent vacancy in the Office of the Punong Barangay.
Deliberating/Voting Members
On the other hand the MEMBERS, who stand CO-EQUAL to each other as DELIBERATING MEMBERS, enjoy no ranking preference or prerogatives as against each other. The select group of Co-Equals, acting as a Collegial Body, exercises the legislative function. As Co-Equal, each deliberating
member is a VOTING MEMBER and enjoys the prerogative of FULL PARTICIPATION in the legislative process, namely:
1) TO PROPOSE or SUBMIT A MOTION
2) TO SPEAK IN DEBATE ON BUSINESS BEFORE THE BODY
3) TO VOTE (Robert’s Rules of Order, supra, p. 3)
4) TO CHAIR A REGULAR/STANDING/WORKING COMMITTEE of the deliberative body organized “in aid of legislation”.
Secretary
RA 7160 prohibits a sangguniang barangay member from being appointed or designated in any capacity as Secretary (Section 394 (c), RA 7160) to ensure full focus and attention to his legislative functions. Thus, the Barangay Secretary is designated as SECRETARY of the Sangguniang Barangay under Section 394 (d), RA 7160 with the following duties and functions”
1) Keep custody of all records of the sangguniang barangay and the barangay assembly meetings;
2) Prepare and keep the minutes of all meetings of the sangguniang barangay and the barangay assembly;
3) Prepare a list of members of the barangay assembly, and have the same posted in conspicuous places within the barangay;
4) Assist in the preparation of all necessary forms for the conduct of barangay elections, initiatives, referenda or plebiscites, in
coordination with the COMELEC;
5) Assist the municipal civil registrar in the registration of births, deaths and marriages;
6) Keep an updated record of all inhabitants of the barangay containing the following items of information: name, address, place and date of birth, sex, civil status, citizens, occupation, and such other items of information as may be prescribed by law or ordinance;7) Submit a report on the actual number of barangay residents as often as may be required by the sangguniang barangay; and
8) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
COMMITTEE SYSTEM
“1) The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committee on appropriation, women and family, human rights, youth and sports development, environmental protection, and cooperatives. X x x.”
Patterned after an Autralian Model, Section 50 (b)(1) of RA 7160 requires every Sangguniang Barangay to constitute its Regular Standing or Working Committees to perform functions “in aid of legislation” such as, but not limited to, legislative research, public hearing and consultation, refinement of legislative proposals, etc. BUT shall not DECIDE FOR THE SANGGUNIAN because the power to approve permanently remains with the sangguniang barangay acting as a collegial body.
The legislative committees perform assistory services to the members as a matter of membership right as well as to the collegial body during its legislative deliberation. Many sangguniang barangays opted to add several standing committees such as
Committee on Agriculture/Livelihood Committee on Infrastructure Committee on Peace and Order
Committee on Health and Sanitation Committee on Education
Membership in each Regular/Working/Standing Committee shall be exclusive amongst the sangguniang barangay members. Chairmanship thereof, therefore, shall be an exclusive prerogative of a sangguniang barangay MEMBER.
Special/Adhoc Committees
The deliberative body can organize Special or Adhoc Committees for specific purpose and shall automatically dissolve upon fulfillment of the purpose of its creation and/or upon discharge by collegial decision of the deliberative body. Its chairmanship and membership shall be upon collegial discretion of the deliberative body and may not be an exclusive prerogative of the members as in the regular/standing committees.
RULES OF PROCEDURE
Just like all deliberative bodies designed for collegial decision- making, the Sangguniang Barangay should have its rules of procedure to ensure its productivity in an orderly and systematic manner. Fortunately, Sangguniang Barangays can refer to parliamentary rules of procedure adopted and refined by years of experience of similar bodies. The importance of the Rules of Procedure is such that no less than RA 7160 emphasized in Section 50, as follows:
“SECTION 50. Internal Rules of Procedure.-
a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sanggunian concerned shall adopt or update its existing rules of procedure.
b) The rules of procedure shall provide for the following:
1. The organization of the sanggunian and the election of its Officers as well as the creation of standing committees which shall include, but not be limited to, the committees on appropriation, women and family, human rights, youth and sports development, environmental protection, and cooperatives; The general jurisdiction of each committee; and election of the chairman and members of each committee;
2. The Order and Calendar of Business for each session;
NOTE:
“Order of Business” is the prescribed sequence of steps or parts of the deliberative process by which the business of the deliberative body shall be disposed.
“Calendar of Business”, also known as “Second Reading and Debate”, refers to the list of items scheduled or calendared for consideration of the deliberative body. The items are prioritized into 3 groups, namely:
A. Unfinished Business; B. Business of the Day; and C, Unassigned Business
“Second Reading and Debate” consists of 4 periods, namely:
a) Period of Sponsorship; b) Period of Committee Amendments;
c) Period of Individual Amendments; and d) Approval on Second Reading.
1. The Legislative Process;
Art. 107 of the IRR provides for the “legislative process” in local legislative bodies and prescribing a 3-Reading “ Order of Business”.
2. The Parliamentary Procedures which include the conduct of members during sessions or “Rules of Decorum”;
NOTE: The “Parliamentary Procedure” contemplated is what is commonly referred to as “General Parliamentary Law and Procedure.” 3. The discipline of members for “ disorderly behavior” and
absences without justifiable cause for four (4) consecutive sessions, for which they 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-third (2/3) vote of all the sanggunian members: Provided, further, That a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and
NOTE: The Sangguniang Barangay as a legislative body has the inherent right and duty to protect the dignity and integrity as a branch of the barangay government. Through its IRP, it can discipline its members but in strict compliance to the standards prescribed above. It bears emphasizing that a sanggunian member is not an ordinary person being a duly constituted representative of the people. What is involved is a Public Office and, therefore, the right of the people is also involved. Consequently, in addition to the above, the IRP should provide for the procedural process whereby the subject member and his constituencies shall be accorded the right to due process as prescribed in the Constitution.
6 Such other rules as the sanggunian may adopt.
NOTE: It is said that since the IRP was merely adopted by the sanggunian for its internal use and guide, it can change, suspend or amend it when it sees fit. However, as a general rule, the Internal
Rules of Procedure adopted by the sanggunian should conform to specific provision of RA 7160 to be valid. Moreover, the sanggunian, can not conveniently amend, modify, suspend or amend repeal what the law expressly prescribed as standard.
REQUISITES FOR VALID EXERCISE OF COLLEGIAL FUNCTIONS
I. The Body and its Composition are Duly Constituted By Law
a) Presiding Officer and Deliberating Members are the same persons duly elected and qualified as such;
b) The collegial body is constituted by law and vested with legislative powers, duties and functions
II. The Meeting is convened pursuant to law or ordinance
The recognized valid meetings of the Sanggunian are its REGULAR MEETING or SPECIAL MEETING.
The Regular Meeting is that certain day, time and place agreed upon in the IRP while a Special Meeting is that which is convened by a written Notice of Special Meeting issued by the Punong Barangay or as agreed upon by the Sanggunian in its preceding meeting or issued by at least a majority of the members of the collegial body. The written Notice of Special Meeting shall indicate the subject matter to be deliberated upon, delivered by the Secretary to each member at his/her usual place of residence at least 24 hours before the actual meeting.
III. There is a QUORUM of Deliberating MEMBERS.
“QUORUM” is that number of deliberating members whose presence, when assembled in its proper place, can validly discharge the functions of the whole collegial body.”
Section 53 (a) of RA 7160 defines “Quorum” as “A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. X x x.”
“Quorum is that number of persons of a deliberative body which, when legally assembled in their proper places, will enable the body to transact its proper business.” (“Javellana vs Tayo”, L-18919, 6 SCRA 1048-1049)
“In computing a quorum, the number of members necessary for
the purpose should be based on actual membership or incumbents, and this must be limited to actual members who are not incapacitated to discharge their duties by reason of death, incapacity, or absence from the jurisdiction of the organization, or for other causes which make attendance of the member concerned impossible even through coercive process. (“Avelino vs Cuenco”, G.R. L-2821)
In the light of the Avelino vs Cuenco case, “Unless the rules of the organization provided otherwise, a member who is on leave from the legislative body is considered, by his absence, under legal disqualification and, therefore, should not be counted with the other members for purposes of determining a majority of the entire membership.” (“People vs Fuentes”, 46 Phil. 22)
Section 390 of RA 7160 specifically identify the seven (7) regular kagawads elected at large and the Chairman of the Sangguniang Kabataan as “MEMBERS”. The Punong Barangay is excluded from the computation because apart from being an executive officer, he is specifically designated as Presiding Officer only.
In the absence of a “quorum”, no business can be transacted with effect even with the unanimous consent of those present.
“Decision of the Provincial Board is null and void where said Board had no quorum when such action was taken.” ( “Sarandi vs Espino”, 12 SCRA 585)
IV. The Legislative Act ( Ordinance or Resolution) shall be passed by the required number of affirmative votes of the members;
RA 7160 and its IRR prescribe varying number of affirmative votes of the members as requirement for valid passage. The number ranges from “affirmative votes of the majority, there being a quorum”, “Majority of all the members”, to “2/3 affirmative votes of all the members”.
Legislative Acts that require the affirmative votes of the “majority of all members” of the sanggunian.
1. Ordinances levying taxes, fees and charges including rates thereof;2. Authorizing the LCE to enter into contract;3. Granting tax exemptions, incentives& reliefs;
4. Authorizing the LCE to negotiate and contract loans and other forms of indebtedness;
5. Authorizing bond flotation to finance development projects; 6. Authorizing the LCE to lease out proprietary properties of LGU to private parties;
7. Ordinance granting franchise with preference for cooperatives;8. Concurrence of appointments of head of department
(barangay secretary/treasurer for the barangay); 9. Reorganization of Committees; 10. Authorizing the Local Budget, subject to review by next higher sanggunian
Legislative Acts requiring affirmative votes of “2/3 of all the Members” 1. Overriding of executive veto ( Note: The Punong Barangay has no veto power);
2. Imposition of suspension or expulsion of sangguniang members from the meeting;
3. Granting tax exemption, incentives, reliefs to entities engaged in community growth-inducing industries;
4. Permanent/Temporary Closure of local roads, streets, alley, park or square within the territorial jurisdiction of the LGU subject to public hearing & posting of proposed ordinance for 3 consecutive weeks;
Legislative Acts Requiring affirmative votes of “2/3 of the members present, there being a quorum”:
1. Inclusion of other matters for deliberation during special meeting other than what was specified in the written Notice.;
Legislative Acts Requiring Affirmative Votes of the “Majority of the Members Present, THERE BEING A QUORUM”:
1. Suspension of the rules;2. Motion to Expunge;3. Motion to Call Previous Question4. Exclusion of public from session/meeting of the sanggunian;
5. Adjournment for lack of quorum6. Authorizing payment of money or creating liability;
Amendment. Modification or repeal of ordinances enacted through INITIATIVE require affirmative votes of ¾ of all members after 3.6 years from passage by initiative (Art. 100 ( c ) of IRR)
V. The Legislative Act is within the delegated power or authority of the local government unit and the group of individuals convening.
As a general rule no single person or group of individuals who is not duly constituted by law ( i.e., RA 7160) as a legislative body can legislate.
No single member or sub-group within the legislative body can legislate.
Even as a legislative body, the sanggunian of an LGU cannot validly legislate on matters beyond the delegated power or authority of the LGU or the legislative body.
SUBSTANTIVE REQUIREMENTS FOR VALIDITY OF ORDINANCES
Because of the sensitivity of the legislative function as it assuredly affects the lives of the constituents, the law prescribes standards which Ordinances, especially “general ordinances” enacted in the exercise of police or general welfare power must conform, namely:
1. It must not contravene the Constitution or any statute (Legislative Acts of Congress) or local Ordinances of higher LGUs within whose territorial jurisdiction the LGU concerned is situated.
2. It must not be unfair or oppressive.
An ordinance is unjust or oppressive if it violates the rights of a person, natural or juridical.
3. It must not be partial or discriminatory.
An ordinance or a provision thereof which favors a certain classof persons or persons belonging to the same class of persons ispartial or discriminatory. (“Sarmiento vs Belderol”, L-15719, May 31, 1951).
An Ordinance prohibiting Chinese residents from engaging in any business violates this standard. Or prohibiting non-resident to establish any business within the LGU also violates this standard.
4. It must not prohibit but may regulate trade.
“Trade” or “Commerce” is a human activity whereby a person possessing something of value exchanges it for something another person possesses. Sale of own product or producing and selling a commercial item for profit or exchanging a legitimate service for an equivalent in money or currency.
“Regulate” means allowing an activity but subject to a condition or limitation. It is not synonymous to “suppress” or “prohibit”. (“Kwong Sing vs City of Manila”, 41 Phil. 103) Since an LGU is
empowered only to regulate, it cannot prohibit, trade. (“People vs Esquerra, et. al.”, 81 Phil 33)
An Ordinance prohibiting the sale or dispensing of liquor is repugnant to legal substantive standards of law. But an ordinance regulating the sale by not allowing the sale to minors is allowed.
An Ordinance prohibiting the establishment and operation of nightclubs, dance halls, videobars and similar entertainment violates this standard. (“De La Cruz vs Paras”, 123 SCRA 569)
5. It must be general in application and consistent with public policy
“General Application” means that an Ordinance shall always be applied uniformly to all persons belonging to the class subject of the regulation”. Thus, an Ordinance on “sari-sari store or retail store” applies uniformly to all owners of sari-sari store or retail store. However, when a provision exempts or treats especially someone for whatever reason ( like they are barangay or municipal officials), such provision is repugnant to this standard.
“An Ordinance is “against public policy” if it is injurious to the interests of the public; contravenes an interest of society established by law; Violates a statute; is against good morals or tends to interfere with the public welfare or endanger public safety.” (“Ongsiako vs Gamboa”, 85 Phil 56)
Tax or Regulatory Ordinances
6. It must not be unreasonable
Section 147; 151; and 153 of RA 7160 provide that LGUs may impose and collect such reasonable fees and charges. However, the rate imposed shall only be in the amount “commensurate with the cost of regulation, inspection and licensing”. If the rate imposed is higher than the cost of regulation, inspection and licensing, the imposition is, therefore, unreasonable.
“Albeit an Ordinance is presumed to be valid and legal unless otherwise declared by competent authority as null and void. However, that the presumption must nevertheless be set aside when the invalidity or unreasonableness is on the face of the ordinance itself, or is established by proper evidence.” (“Marconi vs City of Manila”, 1 SCRA 310)
7. Taxation shall be uniform in each local government unit.
It is not necessary that tax rates for the same taxable item such as tax on retail stores should be uniform in all the barangays of a municipality. It simply means that a tax imposition of a barangay, even if higher or lower than other barangays, shall be uniformly applied WITHIN THE TERRITORIAL JURISDICTION OF SAID BARANGAY. A Punong Barangay cannot impose the tax ordinance of another barangay in his own barangay because the rate in the ordinance of his barangay is lower.
8. Taxes, fees and charges and other impositions shall:
a) be equitable and based as far as practicable on the taxpayer’s ability to pay; ( a fixed percentage, not amount) should be the basis of computing the tax to be paid by each taxpayer);
b) be levied and collected only for public purposes;
The purpose of the power to tax is to legally generate income to finance the operation and programs of government, not for private entities/persons.
c) not be unjust, excessive, oppressive, or confiscatory;
A tax Ordinance imposing as penalty confiscation of the goods of the tax payer is confiscatory. “Civil Distraint” ( Public Auction) of properties of delinquent tax payer may be resorted to in collecting a just tax debt.
d) not be contrary to law, public policy, national economic policy, or in restraint of trade;
9. The collection of local taxes, fees and charges and other impositions shall in no case be let to any private persons;
The collection of tax, fees and charges imposed by an LGU cannot be assigned by the Punong Barangay or by provision in the Ordinance to private persons or public official except those whose regular duties and function is collection of the same.
10. The revenue collected pursuant to the taxing powers of an LGU shall accrue SOLELY to the benefit of, and be subject to disposition by, the local government unit levying the tax, fee or charge or other imposition unless otherwise specifically provided therein;
An Ordinance providing for the sanggunian a fixed percentage of collections from Flee market vendors established temporarily on a street of the LGU during fiesta in the guise of development fund violates this standard. As a fixed rule, all collections shall accrue to the LGU coffers!
CHAPTER IV
LEGISLATIVE PROCESS
The Legislative function is essentially a collegial function of the legislative body. Legislation, being a major function of government, cannot be validly exercise without compliance to the following SUBSTANTIVE and PROCEDURAL requisites:
STAGES OF THE LEGISLATIVE PROCESS
“Legislation”, to be a valid governmental act, shall follow strictly the following principal stages:
Stage I. COMPULSORY PUBLIC HEARING/CONSULTATION (Section 186/187, RA 7160; Article 274, IRR of RA 7160)
Stage II. VALID PASSAGE BY THE SANGGUNIAN (Art. 107, IRR of RA 7160)
Stage III. POSTING (for EFFECTIVITY) (Section 59, RA 7160)
“a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten ( 10 ) days from the date a copy thereof is posted in a bulletin board at the entrance of the x x x barangay hall, x x x , and in at least two (2) other conspicuous places in the local government unit concerned.”
The “date of effectivity” referred to other than 10 days after completion of publication should be that which is not earlier than but after posting or publication, as the case may be. The date of “Posting and/or publication of the Ordinance” is the reckoning point for effectivity, not the date of passage by the sanggunian, approval by the LCE or the completion of review. (“Mabanag vs Lopez Vito”),
In case no date of effectivity was provided for in the ordinance, it shall take effect 10 days AFTER a copy is
posted and/or published .
The counting of the “10 days after” begins the following day after posting or completion of publication.
“b) The secretary to the sanggunian concerned shall cause the posting of the ordinance or resolution at the entrance of the x x x barangay hall and in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof.”
“The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates or approval and posting.”
VALIDITY and ENFORCEABILITY of ORDINANCE are not the same. Validity means compliance to the procedural and substantive standards prescribed by law. Enforceability is the commencement of the act of enforcing, hence, imposing the sanctions for non-compliance to the ordinance. Thus, a valid Ordinance may not yet be enforceable when the date of its effectivity has not arrived. To enforce prematurely
will result to serious liabilities for the local executive. An enforceable Ordinance enjoys the presumption of regularity until declared by competent authority to be otherwise OR its effectivity suspended as consequence of legislative review.
Implementing an Ordinance after notice from competent authority of its inconsistency with law OR suspension of its effectivity constitutes
“Grave Abuse of Authority” punishable by suspension or dismissal from the service. (Section 58, RA 7160)
Stage IV. LEGISLATIVE REVIEW (Section 57, RA 7160)
“a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlunsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city/municipal ordinances;”
“b) If the sangguniang panlunsod or sangguniang bayan, x x x, fails to take action on the barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed valid”
“c) If the sangguniang panlunsod or sangguniang bayan, x x x, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.”
The scope of the review authority is only over compliance to “substantive” requirements. The reviewing sanggunian does not “APPROVE or DISAPPROVE” the ordinance of its component LGU but CAN only declare the ordinance under review “CONSISTENT or INCONSISTENT WITH LAW”.
In case of the latter, reviewing sanggunian shall declare it “INCONSISTENT WITH LAW” and “SUSPEND the EFFECTIVITY or ENFORCEMENT” of the same.
For a valid passage by the Sanggunian in Stage II above, the “passage” shall be in accordance with an Order of Business referred to in Section 50.
RULES ON DECORUM
“Decorum”, in parliamentary parlance, refers to “the propriety of conduct or behavior and decency of words or speech of members of deliberative bodies”.
The generally accepted “rules on decorum” are the following:
1. Formal reference to the Presiding Officer
The Presiding Officer shall be addressed as “Mr. Chair”, “Mr. Chairman” , or “Madam Chairman”. The Presiding Officer shall be referred to as “The Chair.”
2. Formal reference to another member
Since members of a deliberative body like the sangguniang Barangay are co-equal, decorum demands that a member should address a colleague in the third person.
Example: “The gentleman”; The gentlelady”; “The Distinguish Councilor”; The Distinguish speaker”; “The distinguish Sponsor” and other appropriate respectful reference.
3. Refrain from Personalities
Personalities or derogatory words affecting a colleague’s personality should be avoided at all times. The deliberative process deals on issues, questions or proposals, not the member himself.
Example: Assuming that a member made a wrong statement, it is A breach of decorum to yell “the gentleman is out of order”
or “The gentleman is wrong” or “The gentleman is a liar”
The acceptable mode should be:
“Mr. Chairman, this humble representation has reason to believe that the statement of the distinguish speaker is not very accurate.” Or “needs some correction”.
4. Impartiality of the Chair
The Chair, to be effective, shall not participate in the debate by taking sides on any pending issue or question in order to preserve his impartiality as a Presiding Officer. He should not make statements that reveals his side of the issue on the floor. However, the PO is allowed to summarize each side of the issue after the speakers have all spoken. He may also ask questions to clarify the issue or enhance the quality of discussion. He may also give information to guide the members to an enlightened understanding the issue preparatory to the voting.
5. Course all remarks, questions or answers to the Chair never directly to a Colleague concerned.
Example:
Member A : “Mr. Chair, will the distinguish sponsor yield to a question or two?”
Presiding Offcr:”Will the gentleman yield to questions?” Sponsor : “By all means, Mr. Chair.” OR “Willingly, Mr. Chair.”
OR
: “Mr. Chair, this humble representation prefers to answer questions after his sponsorship speech.”
6. Speaking against one’s own motion is not allowed.
A proponent is not allowed to speak against his own motion as itwill appear that he misled his colleagues. However, if and whena member’s motion has transformed through amendments such that the main or principle question has assumed a different essence, then he may be allowed to speak against the amended motion or even vote against it.
7. Respect to time limit
No member shall speak longer than the time allotted to a speaker in the IRP. In case there is no provision on time limit, the practice is it should not exceed ten (10) minutes, This rule is designed to accord all members with the opportunity to speak.
8. Relevance of statements to the issue
All statements, questions, discussions on the floor should be germane or relevant to the pending issue under deliberation. This is to avoid being ruled “out of order” by the Chair, motu propio or by motion of a colleague.
9. No Monopoly of discussion or debate.
No member shall monopolize any discussion or debate. No member shall speak more than twice on the same subject matter without the consent of the body. No member shall be granted a second turn to speak until all who wish to avail the first opportunity shall have spoken.
10. Recognition first before speaking
No member shall speak before the body unless he is duly recognized by the Chair, except when he proposes the following motions:
-Question of privilege -call for the orders of the day -Reconsider
-Raise a Point of Order -Parliamentary Inquiry
-Point of information-Appeal from the ruling/decision of the Chair-Divide the question-Divide the assembly
11. No motion to adjourn when someone has the floor
A motion to adjourn is “out of order” if someone has the floor, whether or not he is speaking.
12. No disruptive behavior while in session.
No member should unnecessarily move about the session hall OR engage in conversation, OR make boisterous noise, OR jeering, or other disruptive acts while the deliberation is on-going.
13. Civility in the conduct of members
As co-equals, members are expected to manifest proper deportment and respect to each other. When a colleague has the floor, others should be seated. No member shall impugn the integrity or character, or question the motive, of another member.
ORDER OF BUSINESS
“ORDER OF BUSINESS” is the prescribed sequence of steps for the disposition of business during a meeting or session which serves as guide or the orderly and proper conduct of the proceedings.
To ensure an orderly disposition of its business during its regular meeting, the deliberative body shall follow an Order or sequence of steps commonly known among parliamentary bodies as “Order of Business”, as follows:
I. CALL TO ORDERII. ROLL CALL ( to establish QUORUM)III. DISPOSITION OF THE MINUTES OF PREVIOUS MEETINGIV. COMMITTEE REPORTV. FIRST READING AND REFERRALVI. SECOND READING AND DEBATE or CALENDAR OF BUSINESS
A. Unfinished BusinessB. Business of the DayC. Unassigned Business
VII. THIRD and FINAL READINGVIII. ADJOURNMENT
EXPLANATION
I. CALL TO ORDER This is the formal start of the meeting with the announcement of the Presiding Officer to that effect. Simultaneously, the Internal Rules of Procedure is activated.
Example: “The Regular Meeting of the Sangguniang Bayan will now come to order.” (followed by three RAPS of the gavel)
II. ROLL CALL
This is the part when “quorum” is ascertained by calling the roll of members.
Presiding Officer : “The Secretary will please call the roll.” Secretary : “Starts calling out aloud the names of
each member who shall acknowledge the call by saying “HERE”.
: “Mr. Chair, of the eight members, seven (7) are present”. “There is quorum”.
O R
Presiding Officer: “The Secretary will please call the roll”. Kagawad X : “Mr. Chair, I move to dispense with the Roll Call.” Kagawad Y : “I second the motion” Presiding Officer: “As many as are in favor to dispense with the roll call, please say “AYE”. Those oppose, say “NAY”
(IF APPROVED) “Roll call is dispensed.”
NOTE: An approved motion to dispense the roll call carries the presumption that there is quorum.
III. DISPOSITION OF THE MINUTES OF PREVIOUS MEETING
This is the part when the “draft minutes” of the previous meeting is presented to the body for disposition. ( It is expected that each member had been provided a copy of the draft minutes before the start of the meeting)
Presiding Officer : “The Chair will now accept comments on the draft
minutes of the _______ Regular Meeting.” ( 1 )
: “Is there any comments on page 1?” : “How about page 2?”, etc.
O R ( 2 )
Kagawad X : “Mr. Chair, I moved to adopt the minutes as prepared.”
Kagawad Y : “I second the motion” Presiding Officer : “Those in favor, raise your right hand.”
: “Those against, do the same” : “The Minutes is ADOPTED/REJECTED (as the case may be)”
IV. FIRST READING AND REFERRAL
This is the part when drafts of proposed Ordinances and Resolutions are first formally presented or initiated into the legislative process for referral to appropriate committee.
The order of First Reading and Referral is:
-Draft Ordinance-Draft Resolution
-Communications-Others
Example
Presiding Officer : “Mr. Secretary, please present the matters for first reading:”
Secretary :”Matters for first reading:” (starts presenting one at a time) “Draft Ordinance 2008-__ entitled: “An Ordinance
x x x “ sponsored by Hon. Juan De La Cruz.” Presiding Officer : “Refer to the Committee on ___________ “ Secretary : “Draft Resolution 2008-__ entitled: A Resolution
Authorizing the Mayor to ____________ “ sponsored by Hon. Pedro Penduco”.
Kagawad Z :”Mr. Chair, I move to refer the proposed ordinance to
the Committee on _________.” Presiding Officer : “Is there any objection”
: “Hearing none, refer to the Committee on ______ “
V. COMMITTEE REPORTS
This part is reporting time for committees who have earlier notified the Secretary of their readiness to present to the body their committee reports on the matters assigned to them in earlier meetings.
The report shall focus on the summary of findings and recommendations of the committee on the subject assigned to them as a result of research, interviews, public hearing, etc. they have conducted. What is submitted to the body for adoption is the recommendation.
Contents of a Committee Report
1. Name of the Committee2. Brief statement of the subject matter covered by the report and the action taken on it by the committee3. Findings and conclusions4. Recommendations ( either to “file it away” or calendar it for
consideration in second reading;5. Names and signatures of concurring members; dissenting members; and abstained members.6. Appendices/Annexes (Minutes of the committee hearings, meetings/public hearing, etc.
Presiding Officer : “Mr. Secretary, what is the first item under Committee Report?”
Secretary : “The Committee on _______ is ready to report, Mr. Chair”.
Presiding Officer : “The Committee on ______ has the floor.” Thereupon, the Chairman of the Committee concerned
will take the floor and address the body.”Chairman :”We, therefore, respectfully recommend that Draft
Ordinance No. 2008-__ be considered for second reading.”
Kagawad V : “Mr. Chair, I move to adopt the recommendation of the Committee.” (IF MOTION IS APPROVED)
Presiding Officer :” Mr. Secretary, please forward the Committee Report to the Committee on Rules for calendaring under Second Reading.” VI. CALENDAR OF BUSINESS (also SECOND READING AND DEBATE)
This stage is the heart of the legislative process. The Calendar of Business is the official list of specific proposals or measures intended or calendared to be acted upon during the session or meeting of the deliberative body. It is the equivalent of AGENDA which refers to the list of items of business to be taken up at the meeting of a non-legislative
body.
The CALENDAR OF BUSINESS has three (3) parts, namely:
a) Unfinished Business b) Business of the Day c) Unassigned Business
Every new matter calendared for Second Reading and Debate shall be initiated into the legislative process under Item B. “Business of the Day” and shall undergo four (4) Periods, namely:
I. Period of Sponsorship II. Period for Committee Amendments
III. Period for Individual Amendments IV. Approval on Second Reading
If the deliberation stops at any of the period, said matter shall be continued to the next period under Item A. “Unfinished Business” in the next meeting until “Approval on Second Reading”.. Matters “approved on second reading” shall be calendared for the “Third and Final Reading” in
the next meeting.
“A Resolution shall be enacted in the same manner prescribed for an Ordinance, except that it need not go through a third reading for its final consideration unless decided otherwise by a majority of the sanggunian members present.”
(Art. 107 ( c ) of IRR of RA 7160)
“No Ordinance or Resolution shall be considered on Second Reading in any regular meeting unless it has been reported Out by the proper committee to which it was referred ( or certified as urgent by the local chief executive).” (Art. 107 (d), IRR of RA 7160)
VII. THIRD AND FINAL READING
“f) The secretary to the sanggunian shall prepare copies of the proposed Ordinance or Resolutions in the form it was passed on second reading, and shall distribute to each sanggunian member a copy thereof x x x x x”.
(Art. 107 of the IRR of RA 7160)
This is the last stage of the legislative process in the Sangguniang Barangay because debate is no longer expected after passing through
the crucible of intellectual scrutiny and debate during the second reading and debate. Moreover, approval on second reading is not a guarantee that the measure will pass this final stage.
At this stage, the measure is called on the floor for the members to cast their respective final vote.
Presiding Officer: “We are now on Third and Final Reading”. Mr. Secretary, please call out the items for the
third and final reading.”Secretary : (Rises) “First item for third and final reading:
: “Draft Ordinance No. 2008-__ entitled: “____” sponsored by Hon. Juan De La Cruz.”
Presiding Officer : “As many as are in favor, please rise”. (Counts) “As many as are against, do the same” (Counts) :”Draft Ordinance 2008-_” is APPROVED/LOST.”
(as the case may be) If Approved: “The Secretary will secure the signature of those who voted for its approval in the original copy.”
“(h) Upon the passage of all Ordinances and Resolutions directing the payment of money or creating a liability, and at the request of any member, the sangguniang secretary shall record the “ayes” and the “nays”. Each approved Ordinance or Resolution shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.” (Art. 107 of the IRR of RA 7160)
IX. ADJOURNMENT
This is the formal end of the meeting. This is done by the formal declaration by the Presiding Officer, motu propio,(if he is certain there is no more matter or business to take up) Or upon motion, with the rapping of the gavel.
Presiding Officer : “There being no more matters to take up and if there are no objection, the Chair will
declare the meeting adjourned.” “Is there any objection?”
“Hearing none, the meeting is now adjourned!” (Raps the gavel thrice)
NOTE:
The Legislative Process described in Art. 107 of the IRR of RA 7160
should be contemplated together with Section 54 and 55 of RA 7160 as part of the legislative process.
“Sec. 54. Approval of Ordinance.
“( c ) Ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority of all its
members, be signed by the punong barangay.”
NOTE: Section 54 and 55 of RA 7160 do not contemplate to vest the VETO power upon the Punong Barangay. Section 55 (b) clearly express this. What is not clear, though, is the
signature contemplated for the Punong Barangay.
Sec. 55 (b) doesn’t regard the punong barangay as a deliberating member! Section 54 (a) doesn’t include the PB among the LCEs vested with the power of “executive approval” over legislative acts of sanggunian of respective LGUs clearly excepting the Sangguniang Barangay!
The VETO power provided in Section 55 is an incident of the Power of Executive Approval. Sec. 49, however, assigns the PB as Presiding Officer who, under general Parliamentary Practice, certifies to the authenticity or genuineness as well as the due passage of all legislative acts passed by the deliberative body in its meetings over which he presided.
There seems that there is no other conclusion on the nature of the signature of the PB except as “Presiding Officer.
CHAPTER V
DYNAMICS OF PARLIAMENTARY PROCEDURE
Parliamentary procedure is the method of conducting business in a deliberative body in an orderly, systematic and democratic manner. Understanding its basic principles imbues one with insights to the intelligent and systematic discussion of issues constituting the core of the legislative process. Parliamentary procedure greatly facilitates any discussion and systematizes the disposition of business in as democratic a manner as possible.
The roots of parliamentary procedure may be traced to the days of the Greek
and Roman Empires where assemblies were formed in which people deliberated and decide on community issues. The term “parliament” was coined in England at the end of the 13th Century and its application of the deliberating procedures and practice of ancient Greece and the Roman empire was applied and refined by the English Parliament. Said deliberating principles and practice were later referred to as “parliamentary Procedures” which was brought into America by English settlers at the setting of the so-called New World. The basic principles and practice were refined by legislative bodies in the New World and evolved into what is now termed as “General Parliamentary Law and Practice”.
The basic principles and practices of Parliamentary law traces its roots to a democratic culture, hence, reflective of the ideals and principles of democracy. Parliamentary procedure is designed to enable an assembly determine the will of the majority on any question before it, utilizing a methodology that enables those holding minority views equal opportunity to be heard.
Hence, every deliberative body is presumed to be bound rules of procedure whereby “business” can be introduced into and disposed of by the collegial body in the deliberative process. Sanggunians, designed as “legislative bodies”, are democratic deliberative bodies wherein the community, through their duly constituted representatives, discuss fully any issue or question brought before it to arrive at the determination of the will of the community employing a methodology that ensures the minority the opportunity to be heard.
The necessity of a referee.
Due to the CO-EQUAL status of the deliberating members of the sangguniang barangay as SPOKESMEN of the CONSTITUENCY, a PRESIDING OFFICER (synonymous to a REFEREE) shall be assigned to manage the deliberation of the members in accordance with the IRP. Under the LGC, the Presiding Officer doesn’t come from amongst the deliberating members but from the executive branch of the barangay government who is expected to be IMPARTIAL and CREDIBLE in the enforcement of the IRP.
Due to the special circumstances of the barangay, the dynamics of parliamentary procedure herein presented had been deliberately confined to the most basic essentialities without prejudicing the quality of the parliamentary dynamics.
MOTION
“MOTION” is a proposal by a deliberating member asking the collegial body to perform a collegial act. If the motion affects the rights of co-equal, a full debate ensues and when approved, the body is bound to perform the act sought. Those expressing contrary stand are expected to respect the collegial decision and consider themselves equally bound.
A motion that introduces a substantive question as a NEW SUBJECT is called “ORIGINAL MAIN MOTION”. Since the objective is to introduce a NEW subject, this motion is proffered only when there is no pending matter on the floor. This is a cardinal principle in parliamentary procedure.
A motion incidental to or relates to the business of the assembly or its past or future actions is called “INCIDENTAL MAIN MOTION”. If approved, a SUBJECT is ON THE FLOOR or BEFORE THE CHAIR for collegial disposition.
Example:
Take From the Table Rescind Something Previously Adopted or
Amend a pending proposal Discharge a Committee
Reconsider
ILLUSTRATION
Take From the Table
This motion seeks to recall and present on the floor a subject previously “Laid on the Table” or “archived” or shelved” upon direction of the body. If the motion if approved, the subject matter is before the body for consideration. _____________________________________________________________
Kagawad X : “Mr. Chair, I move that the Proposed Ordinance entitled: “X x x “ which was laid on the table in our previous meeting
be taken from the table.” Kagawad Y : “I second the motion.”
Presiding Officer : “It has been moved and seconded that we take from the table Proposed Ordinance entitled: “x x x.” which was previously
laid on the table.” “ Is there a discussion on the motion/question?”
(SILENCE) “ Seeing none, as many as are in favor of the motion, raise
your right hand” “ As many as are against, do the same.” (AFTER ASCERTAINING THE VOTES, the Chair
announces the result.) “ The YES has it” “ Proposed Ordinance entitled: x x x” is
now on the table. What is the pleasure of the body?” Kagawad X : “Mr. Chair, I move that we refer the proposed Ordinance to
the Committee on __________. . Presiding Officer: “Mr. Secretary, search for the said ordinance and refer it to
This motion seeks to withdraw totally or in whole OR amend a previous decision of the body on a subject and when adopted, brings again said subject matter before the body for consideration and decision.
___________________________________________________________ Kagawad X : “Mr. Chair,
This motion seeks to discharge or release a committee from a current assignment from the body. When approved, the assignment is free to be assigned to another committee or disposed by the body.
By general practice, there is no need to discharge a regular committee after it has completed its assignment. However, when it is discovered that the subject was erroneously referred to a committee; OR refer the matter for further treatment by another Regular committee; OR it is a better option to create a Special Committee to handle the subject matter, then, there is a need to discharge the committee first assigned.
____________________________________________________________ Kagawad X : (After recognition) “Mr. Chair, I move to discharge the
Committee on ____________ from its assignment on Draft Ordinance __________.” Kagawad Y : “I second the motion”
Presiding Offcr: “It has been moved that Committee __________ be discharged from its assignment over Draft Ordinance _____________.”
“Is there any objection or debate?”(SILENCE)
“Hearing none, those in favor please say “AYE”. “Those against, say “NAY”
“The motion is carried.” (The assignment was recalled by the body and is now on the
table for disposition) “What is the pleasure of the body on Draft Ordinance ______?” Kagawad Z : ( the member can now propose its disposition)
This motion seeks for the assembly to reconsider or review a decision just made on a question after manifestation through votes. This must be proposed only at the same session where the question sought to be reconsidered had been decided.
___________________________________________________________AFTER THE RESULT OF VOTES IS ANNOUNCEDand without waiting for any matter to intervene
Kagawad X : “Mr. Chair, I move that the body reconsider its decision.”
Kagawad Y : “I second the motion.”
Presiding Offcr: “ It has been moved and seconded that the body reconsider its decision just announced.”
“Kagawad X, please state your justifications for your motion.”
Kagawad X : “Thank you, Mr., Chair. Colleagues, ladies and gentlemen, I Moved for the reconsideration of the decision because of the following reasons:” {.Explains his reasons )
Presiding Offcr : “Is there any discussion or debate?” (DEBATE WILL ENSUE)
Presiding Offcr : (Upon motion or motu propio) “As many as are in favor that the decision be reconsidered,
raise your right hand.” “As many as are against, do the same.” (ANNOUNCES THE RESULT) “The NO has it, the motion is defeated. The decision
remains.” “ The YES has it. The decision is reconsidered.”
Kagawad X : “Mr. Chair, I move that we lay the question on the table.”____________________________________________________________
“SECONDARY MOTIONS”
A basic or fundamental principle of parliamentary law and practice provides:
“Only one question can be considered at a time; once a MAIN MOTION is before the assembly, it must be adopted or rejected by a vote, Or the assembly must take action disposing of the question in some other way, before any other business ( EXCEPT certain matters called “privileged questions”) can be brought up.” (Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised “, 1990 Edition, The Scott, Foresman & Co., Glenview, Illinois, p. 58.)
It is from this basic and fundamental principle from which SECONDARY
MOTIONS evolved, namely: “Privileged Motions”; “Subsidiary Motions” ; and “Incidental Motions”. Since, by function, Secondary motions are designed to expedite the disposition of the Main Motion, Secondary Motions takes precedence in disposition before the MAIN MOTION.
However, among the secondary motions, “Privilege Motions” takes precedence for collegial action over “Subsidiary Motions” and/or “ Incidental Motions.” Between “Subsidiary Motions” and “Incidental Motions”, the latter gives in to the former for disposition by the body.
“PRIVILEGED MOTION”
A class of motions which do not directly relate to the pending Business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else.
Example:Fix the Time at Which to AdjournTo AdjournTake a RecessRaise a Question of PrivilegeCall for the Order of the Day
ILLUSTRATION
Fix the Time at which to Adjourn
This motion seeks to provide a future time for the adjournment of the meeting in progress or for an adjourned meeting. This motion becomes a privileged motion when made while another question is pending or when the body has not made any provision for the succeeding regular meeting It is in order even in the absence of a quorum or even after it had been voted to adjourn provided the meeting had not yet been declared by the Chair as finally adjourned. The form is usually thus:
_________________________________________________________ Presiding Officer: “What is the pleasure of Kagawad X?” Kagawad X : “Mr. Chairman, I move that we adjourn at exactly
3:00 PM today” OR “ I move that when we adjourn, we stand adjourned to meet on Saturday at 6:00 in the evening here at the Barangay Hall.”
Kagawad Y : “I second the motion.”
Presiding Officer: “Is there any discussion?” (Discussion ensues, if any. Should there be none:) “As many as are in favor that we adjourn at exactly
5:00 PM, please raise your right hand.” “As many as are against, do the same.”
“The motion is carried”. (or “the motion is lost.”) “We now proceed with the business at hand.”
This motion seeks to formally terminate the meeting in progress upon approval. This motion is privileged when no condition is set as precondition for adjournment. No debate is entertained in a privileged motion to adjourn. The Chair immediately puts the question to the body for voting. Once approved, the meeting is adjourned.
The form will be, thus:_________________________________________________________ Kagawad X : (Upon recognition by the Chair.) “Mr. Chair, I move that we
adjourn.” Kagawad Y : “I second the motion.”
Presiding Offcr : “It has been moved and seconded that we adjourn.” “As many as are in favor, say Aye” “As many as are against, say Nay” “ The motion is carried” “The meeting is adjourned.” (IF THE MOTION IS LOST) “The motion is LOST.” “We now continue with the business.”
This motion is a “qualified motion” when a condition is set as precondition and thus require debate over the condition. The form, is thus:
_________________________________________________________ Kagawad X : (After recognition by the Chair) “Mr. Chair, I move that we
adjourn after consideration of the “Unfinished Business”. Kagawad Y : “I second the motion.”
Presiding Offcr : “It has been moved and seconded that we adjourn after consideration of the Unfinished Business.” :
“ Is there any discussion?”(IF THERE IS NONE, the PO puts the question to vote)
(IF THERE IS DISCUSSION, after the last speaker, the PO puts the question to vote.)
“As many as are in favor, raise your right hands”
“As many as are against, raise your right hand.” “The motion is carried or lost,” as the case may be.
(IF APPROVED) “We resume the business until after consideration of the
Unfinished Business.” (IF MOTION IS LOST)
“We resume the business.”_________________________________________________________
Take a Recess
A “recess” is an intermission in the proceedings. When the body reconvenes after the recess, business is resumed as if there had been no interruption. This motion may be proposed by any member or muto propio by the Presiding Officer. The motion needs no second and is undebatable. Once approved, the Chair declares the recess as moved. As a general rule, recess may not be declared beyond the meeting day or when the body is engaged in voting. While it is generally accepted that a motion for recess may not be made while a member has the floor, it is likewise accepted that the member who has the floor himself may make the motion, to allow him some time, perhaps, to avail of certain documents which are not in his possession but which he may need to support certain proposals he intend to make while on the floor. The procedure is usually, thus:
Kagawad X : Mr. Chair, I move for a 15 minute recess. Presiding Officer : 15 minute recess is declared. “Its now 10:00. We reconvene
at exactly 10:15. (bangs the gavel)___________________________________________________________
Raise A Question of (Individual/Collective) Privilege
A question of privilege may be raised either to make a simple request for the Chair to act on a matter pertaining to the rights and privileges of the movant (personal privilege) or that of the collegial body (collective privilege), such as but not limited to, seating arrangement, defects in lighting or ventilation, control of noise and other disturbances, conduct of officers and members, etc, termed simply as “question of privilege.” The usual procedure is, thus: _________________________________________________________
Kagawad X : “Mr. Chair, a question of privilege” OR “ Mr. Chair, I rise on a question of privilege.”
Presiding Officer: “Yes, Mr. Kagawad X, please state your question of privilege.”
Kagawad X : “I request that the speaker be asked to speak a little louder”
OR “I request that the audience be asked to refrain from moving about or making unnecessary noise because it is distracting our attention on the business at hand.”
Presiding Officer: “Request is granted. “The speaker will please speak a little louder” OR
“The audience is requested to refrain from moving about or making unnecessary noise so as not to disturb the on- going deliberation.”
This motion generally seeks to call the attention of the body that the on-going discussion has deviated from the Order of Business for the meeting usually presented, thus:
Kagawad X : Mr. Chairman, I call for the Order of the Day. Presiding Officer: “If there is no objection, we shall now proceed to the
(part of the Order of Business prior to the deviation).IF THERE IS AN OBJECTION, the Chair immediately
puts the question to vote.____________________________________________________________
A motion to call for the order of the day does not require a second; not debatable and may not be subject of amendment.
“SUBSIDIARY MOTION”
A class of motions that assists the assembly in treating, disposing or avoiding action on the pending motion.
Example:
Lay on the TableCall the Previous Question
Modify the Limits of Debate Postpone Definitely Commit or Refer to a Committee Amend
Postpone Indefintely
ILLUSTRATION
Lay on the Table
This motion seeks to postpone the consideration of the pending question to a later indefinite time to enable the body/assembly to attend to more urgent business.
___________________________________________________ Kagawad X : “Mr. Chair, I move to lay on the table the consideration
on the pending question.” Kagawad Y : “I second the motion” Presiding Offcr: “It has been moved and seconded to lay on the table
X x x . “ “As many as are in favor, raise your right hands” “As many as are against, do the same.” “ The motion is carried/lost”
A motion calling the previous question is a proposal to close the long-winding debate on a pending question and to put it immediately to a vote. Sometimes this motion is also referred to as “a motion to suppress debate” or “a motion to put the question to vote immediately”
It must be remembered that the approval of a motion to call the previous question merely mean that only the cessation of the debate was approved exclusive of the previous question. Since this motion infringes on the fundamental parliamentary principle of full and free debate, it generally requires the approval of two-thirds of the members. This motion cannot be made while a member has the floor. It needs a second and it is not debatable or subject to amendment. If approved, it is subject to a “motion for reconsideration”. _____________________________________________________ (AFTER A WINDING DEBATE ON THE QUESTION
TO INCREASE THE FINE FOR ABSENCE FROM MEETING OF THE SANGGUNIAN)
Kagawad X : “Mr. Chair” Presiding Offcr : “Yes, what is the pleasure of the gentleman?” Kagawad X : “Mr. Chair, I move to call for the previous question on
the motion to increase the fine for absence in meetings of the sanggunian from P100.00 to P500.00” per meeting missed.”
Kagawad Y : “I second the motion” Presiding Offcr :”It has been moved and seconded to call the question
to increase the fine for absences from sangguniang session from P100.00 to P500.00 per session missed.”
“As many as are in favor, raise your right hand” “As many as are against, do the same.” “The Motion is carried.”
(What was approved was for the debate to stop and for voting on the pending main question.) “The question on the table is to increase x x x x x.” “As many as are in favor, raise your right hand.” “As many as are against, do the same.” “The motion is carried.”
______________________________________________ Modify the Limits of Debate
Time limits for each speaker, the number of speakers for each side are usually provided for in the Internal rules of Procedure of the assembly. If the time limit is too short or too long; or the number of speakers for each side is inadequate or too numerous, a motion to modify the said limits of the debate only for that meeting is used.
This cannot be made while a member has the floor. It needs second, may be amended, and requires a higher affirmative votes for approval because it infringes on the fundamental principle of free and full debate.
________________________________________________ Kagawad X : “Mr. Chair” Presiding Offcr : “Yes, what is the pleasure of the gentleman?” Kagawad X : “Mr. Chair, I move to limit the time of each speaker in
the pending question to five minutes each.” OR
“I move to extend the debate on the pending question to one hour.” OR
“I move to allow debate on the pending question to two (2) speakers for each side” OR
“I move that the debate on the pending question be closed at five o”clock and that a vote be taken on the issue at that time.”
Kagawad Y : “I second the motion.”Presiding Offcr : “It has been moved and seconded to -------------
(whichever was moved) “ “As many as are in favor, please stand.” “As many as are against, raise your right hand.” “The Motion is carried.” (The Chair informs the assembly of the approved
limits of the debate on the pending issue for their guidance and observance)
This motion is similar to the motion to postpone indefinitely except that this motion fixes a definite future time for the consideration of the pending question sought to be postponed. This is usually made when it is felt that the body/assembly is not prepared to discuss or act on the question before it, or that the time is not opportune for its consideration, or to give way to more important business.
The time of the postponement should be proximate enough and should in no case amount to an indefinite postponement or result in the defeat of the question sought to be postponed.
This motion cannot be given while a member has the floor. It needs a second and is subject to a motion for reconsideration. It is debatable only as to the time of proposed postponement, and does not open the main question to debate. It may be amended but only as to the duration of the postponement.
____________________________________________________ Kagawad X : “Mr. Chair”. Presiding Offcr : “What is the pleasure of the gentleman?” Kagawad X : “Mr. Chair, I move to postpone the consideration of
Draft Ordinance ___ until after the treasurer renders his report.” OR
: “I move to postpone the consideration of the draft ordinance in our next regular meeting.”
Kagawad Y : “I second the motion” Presiding Offcr : “ It has been moved and seconded that the consideration
of draft ordinance be postponed ( state the future time proposed)”
“As many as are in favor, please rise.” “ Those against, please do the same.” “The motion is carried” or “the Motion is lost.”
Commit or Refer to a Committee Committees are small working units through which an organization
carries out most of its functions. It is to these more or less specialized units that questions brought before the sanggunian are referred wither for study, investigation, recommendation, or execution.
A question may be referred to a standing committee, a special committee, or a committee of the whole, depending upon the nature of the subject and the wish of the body.
A motion to commit or refer cannot be made while a member has the floor. It should be seconded and requires only a simple majority vote. It is debatable but only as to the propriety of committing the question and to which committee it should be referred. It may be amended but only as to the composition of, and instructions to, the committee.________________________________________________(AFTER A WINDING DISCUSSION AND NO INDICATION OF AN
EARLY DISPOSITION BECAUSE OF THE COMPLEXITY OF THE QUESTION)
Kagawad X : “Mr. Chair, I move that we assign the question to a Special Committee to conduct a thorough research on
it and submit a recommendation.”
Kagawad Y : “I second the motion”Presiding Offcr: “It has been moved that ______________________” “Any reaction?”
“Hearing none, as many as are in favor, say “AYE”. As many as are against, say “NAY”
“The motion is carried.” “What is the pleasure of the body on this Special
To amend means to change or modify. An amendment may be effected either by insertion, by elimination or substitution of a word, phrase, clause, or of an entire section or paragraph.
An amendment should be germane or relevant to the question it is applied. If the question, for instance, is “to require the Treasurer to explain his failure to furnish the sanggunian a copy of his financial statement for the previous month” , to add the phrase “and recommend his suspension” by way of amendment, would not be relevant to the question and should be ruled out of order by the chair. Example:
____________________________________________________(Question on Issue: That the Municipal Mayor be requested to furnish
the sanggunian a copy of the financial statement of the Municipality.
Kagawad X : (After recognition) “I move to amend the motion by inserting the words ”monthly” before the word “financial” (Amendment by insertion) OR
: “I move to add the words “certified correct by the treasurer” after the word “municipality”.(Amendment by addition)
: “I move that in lieu of the original proposal, the proposal should read as follows: “The Treasurer shall furnish the sanggunian a copy of his official monthly statement of income and expenditure within 5 days of the ensuing month .“ (Amendment by substitution)
Kagawad Y :”I second the motion” Presiding Offcr : “It has been moved to amend the question by ……..”
“As many as are in favor, raise your hand” “As many as are against, please rise.” “The motion is carried”. The amended motion on the
floor reads, as follows: (states……._________________________________________________
An amendment which merely negates an affirmative proposition is likewise out of order. If the motion is “to constitute a special task force”, an amendment which proposes “not to constitute a special task force”, would be out of order.
Amendments are of two degrees: An amendment to a main motion or question is an “amendment of the first degree”, while an amendment to an amendment is an “amendment of the second degree”. No amendment can be proposed thereafter until the first of a second degree amendment has been acted upon by the body.
Amendments are voted upon in the reverse. That is, the amendment of the second degree is voted upon first, and, if this is lost, the amendment of the first degree is voted upon next. If the amendment to the amendment is lost, a new amendment of the same degree may be proposed, in the same manner that another amendment of the first degree may be introduced if the earlier one is lost. The amendment of the second degree, if carried, replaces or modifies the amendment of the first degree.
Amendments are debatable and must be seconded, except when accepted by the proponent of the main motion. To save time, the proponent of a main motion may accept an amendment from other members BEFORE THE CHAIR STATES THE QUESTION ON THE MOTION, in which case, the amendment becomes part of the original motion without need for voting on the amendment itself.
_____________________________________________________ Kagawad X : “I move that we invite the Provincial Governor to
grace our meeting. Kagawad Y : “I second the motion”.
Kagawad A : “Mr. Chair, will the proponent accept an amendment? Presiding Offcr: “The gentleman will please state his proposed
amendment.” Kagawad A :”The proposed amendment consists of adding after the
word “meeting” the phrase: “on Saturday at 9:00 in the morning, November 15, 2008.”
Presiding Offcr : “What does the proponent say?” Kagawad X : (After consulting Kagawad Y and if the latter accepts)
: “I accept the amendment.” Presiding Offcr :”The amendment is accepted. The question on the
motion is: “To invite the Provincial Governor to grace our meeting on Saturday at 9:00 in the morning, November 15, 2008.”
“Is there any further amendment?” (SILENCE) “Is there any debate”
(SILENCE) “There being none, the Chair calls for a vote on the
question.” “As many as are in favor, . . . . . . etc.”. _____________________________________________________
Postpone Indefinitely
The purpose of a motion to postpone indefinitely is to suppress or reject a question without allowing it to be voted upon on its merits. Approval of this motion is virtually a negative vote on the main question, and anyone desiring to bring up the same question at a future meeting may do so only by proposing it anew.
_________________________________________________ Kagawad X : “I move that discussion of the motion/question now
before this body be postponed indefinitely.” Kagawad Y : “I second the motion.” Presiding Offcr : “It has been moved and seconded that the question now
before this body be postponed indefinitely.”
: “Is there a debate?”(SILENCE)
: “Hearing none, the Chair will take the vote on the question.” “As many as are in favor, x x x x x
In practice, the motion to postpone indefinitely is employed to dispose of an ill-advised motion that may prove embarrassing to the sanggunian whether adopted or rejected.
The motion cannot be made while a member has the floor. It must be seconded and cannot be amended. It is debatable and requires only a simple majority vote of members present for approval.
“INCIDENTAL MOTIONS”
A class of motions that are considered “incidental” to the other motion or matter out of which it arises and generally requiring their immediate disposition before business can proceed. They have no individual or collective ranking and have no order of precedence among themselves. While they arise only incidentally out of the pending question , they take precedence in disposition before the question from which they arise.
Example:Point of OrderAppeal From the Ruling of the ChairDivide the QuestionDivide the AssemblyParliamentary InquiryPoint of InformationWithdraw a Motion
ILLUSTRATION
Point of Order
This motion seeks to call attention to an error or mistake in the procedure or rules of order for immediate correction. This can be made
even when someone has the floor, and needs no second , cannot be amended and not debatable.
_________________________________________________(When an error is spotted)
Kagawad X : “Mr. Chair, Point of Order.” Presiding Offcr : (Motions the member on the floor to stop)
: “Yes, please state your point of order.” Kagawad X : “The point of Order is that there is a pending main
motion and the motion under consideration is a main motion.”
Presiding Officer: “The point of order is well taken.” The motion under consideration is out of order and, therefore, withdrawn.”
:”The issue now on the table is (state the pending main motion) “
________________________________________________
Appeal From the Ruling of the Chair
This motion seeks to submit to the body the “ruling” just issued by the Presiding Officer if the member believes that the ruling is an error.
_________________________________________________ Kagawad X : “Mr. Chair, I appeal from the ruling of the Chair.” Kagawad Y : I second the motion.
Suspend the Rules Divide the Question
Divide the Assembly Parliamentary Inquiry Point of Information Withdraw a Motion
PRECEDENCE OF MOTIONS
PRIVILEGED MOTION
1. Fix the Time at which to Adjourn 2. To Adjourn
3. To Take a Recess 4. Raise A Question of Individual/Collective Privilege 5. Call For the Orders of the Day
SUBSIDIARY MOTION
6. Lay On the Table 7. Call the Previous Question 8. Limit or Extend Limits of Debate 9. Postpone Definitely 10. Commit or Refer to a Committee 11. Amend 12. Postpone Indefinitely
MAIN MOTION
13. a) Original/General MAIN MOTION
b) Incidental/Specific MAIN MOTION
Take From the Table Reconsider Rescind or Repeal Something Previously Adopted Expunge Discharge a Committee
INCIDENTAL MOTIONS
Without individual or collective ranking or order of precedence among themselves. They arise only incidentally out of the pending question. They take precedence over the question from which they arise:
Point of Order Appeal From the Decision/Ruling of the Chair
Withdraw or Modify Motion Suspend the Rules
Divide the Question Divise the Assembly Parliamentary Inquiry
Point of Information
BASIC STEPS IN HANDLING AND DISPOSITION OF A MOTION
STEP 1- A member makes the motion (after the Chair recognizes him)STEP 2- Another member SECONDS the MOTION (if needing second)
NOTE: According to Robert, “The requirement of a second is for the chair’s guidance as to whether he should state the question on the motion, thus placing it before the assembly. Its purpose is to prevent time from being consumed by the assembly’s having to dispose of a motion that only one person wants to see introduced.” (Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised, 1990 Ed., Scott, Foresman & Co., Glenview, Illinois, p. 35)
It is, likewise, that “in deliberative bodies where the members represent themselves, seconding is indispensable. In representative
bodies like the sanggunian, “seconding a motion” may be dispensed with because the mandate of the sanggunian member as duly authorized representative of the electorate is more than enough “second” to the member’s motion” (Antonio R. Laurora, “Guide to Local Legislation”, . )
STEP 3- The Chair states the question on the motion
STEP 4- Members debate the motion;
STEP 5- The Chair puts the question;
STEP 6- The Chair announces the result of the vote.
RULES ON INTERPELLATION
The following are the generally accepted rules on interpellation:
1. BE HONEST IN ASKING QUESTION: In deliberative bodies, it is often necessary and indispensable for members to seek clarification on certain issues, proposals, or any other matters being discussed. However, there are instances where a member asks questions not for the purpose of seeking clarification but for self-aggrandizement because it is obvious that the interpellator already know the answer to his question but he only wish to project himself as more knowledgeable or worst, to embarrass the respondent. This undignified style should be discouraged.
2. AVOID “EMBARRASSING QUESTIONS”. Every member interpellating a fellow member should always accord due respect to a colleague by carefully framing his question to avoid embarrassing or humiliating his colleague.
3. DO NOT CROSS-EXAMINE OR INTERROGATE A COLLEAGUE The art of interpellation is different from the art of cross examination or interrogation. Cross-examination is for lawyers during a court hearing while interrogation is for police officers or persons authorized to conduct inquisition or investigative proceedings. Interpellation is more adaptable in deliberative assemblies as the predominant purpose of its proceedings is
the “cross-pollination” or integration of the knowledge, experiences and the views of members on an issue for an enlightened collegial decision- making.
4. AVOID ASKING MORE THAN TWO (2) SUCCESSIVE QUESTIONS AT A TIME.
As a rule, every member is entitled to ask one ( 1 ) question at a time. However, he may be allowed another one called “follow-up question” after other members have availed of this right. Propriety and basic protocol demands that after asking his question, the member should first sit down and allow other members to ask their questions. Usually, the Presiding Officer would inquire who has a “follow-up question” or a member would request for a round for same. If he is the only one with a follow-up question, he may seek recognition from the Chair to be allowed to ask it by saying, “Mr. Chair, follow-up question, please.”
The best practice is to allow the speaker to finish his talk and thereafter, The Presiding Officer may ask if the speaker can entertain questions. If many members signifies the desire to ask, the Presiding Officer shall moderate and set the sequence of interpellators, and thereafter, another round for “follow-up questions”.
5. GRACIOUSLY ACKNOWLEGE THE ANSWER . As a manifestation of respect, a member who asked a question should be polite enough to acknowledge the answer whether or not to his satisfaction. He should say “thank you” even only for the opportunity to ask his question.
6. NEVER ARGUE WITH THE RESPONDENT. The interpellator should never argue with the respondent. If the respondent failed to answer the question to the interpellator’s question, the latter can exercise his privilege to vote against the proposal of the respondent. Or the interpellator may speak against the proposal when the appropriate time comes.
CHAPTER VI
LEGISLATIVE ACTS DOCUMENTS AND RECORDS
A Legislative body speaks only through its “Legislative Acts” which are ORDINANCE or RESOLUTION.
ART. 107 of the IRR of RA 7160 provides:
“a) Legislative actions of a general and permanent character shall be enacted in the form of Ordinance; 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 Resolution.”
An ORDINANCE is a local law, a regulation of a general, permanent nature, and a rule established by authority for compliance of its inhabitants and those who sojourn within its territorial jurisdiction. It prescribes some permanent Rules of conduct of government which have the force and effect of law, to continue in force until repealed or superseded by subsequent enactment of another Ordinance.
A RESOLUTION is merely for the translation of the current business of the local government unit and has no permanent value, for it deals only with matters of special or temporary character. It is a mere expression of the opinion or mind of the sanggunian concerning some matters of administration coming within its official cognizance and provides for the disposition of a particular item of the administrative business of a local government unit.”
Format of Legislative Acts
“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 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 to the sanggunian before the start of the regular session.”:
Essential Parts of an Ordinance
I. Letterhead
This part depicts the political subdivision (LGU) of the Republic ( IN BOLD LETTERS ) which enacted the Ordinance. Thus,
1) If it is the Sangguniang Panlalawigan of the Province, the letterhead will be
Republic of the Philippines PROVINCE OF _______________
OFFICE OF THE SANGGUNIANG PANLALAWIGAN
2) If it is the Sangguniang Bayan of a municipality within a province:
Republic of the Philippine Province of _____________ MUNICIPALITY OF _____________
OFFICE OF THE SANGGUNIANG BAYAN
3) If it is the sangguniang barangay of a barangay in a municipality:
Republic of the Philippines Province of ______________
Municipality of _______________ BARANGAY _____________
OFFICE OF THE SANGGUNIANG BARANGAY
II. Number.
For purposes of legislative monitoring, a proposed Ordinance is assigned by the Secretary a temporary number.
Example: “Draft Ordinance No. 25 s., 2008” means the 25th proposed draft ordinance during the year 2008.
When the proposed ordinance passed the approval of the sanggunian, a permanent number is assigned by the secretary which
is the next sequential number. Thus, if the last number of approved ordinance is 125, the next approved ordinance shall be assigned the permanent number “ORDINANCE No. 126.”
III. Title
The Title is a sentence that describes the substance of the ordiance.
Example: “An Ordinance Prohibiting the Dumping of Garbage in any Public Place Within the Barangay Other Than Those Designated For the Purpose.”
IV. Enacting Clause
It is a formal declaration that the Ordinance is established by the legislative authority of the sanggunian .
The standard enacting clause is “
“BE IT ENACTED ( or ORDAINED) BY THE SANGGUNIANG____________ OF BARANGAY ________________ THAT”
“ENACT” means “to pass as a law”. “Ordain” means to “issue as an ORDER”.
V. The Ordinance
This is the “soul or spirit” of the Ordinance, It contains the clear and specific description of the rule, regulation or standard established by a governing authority for compliance of all concerned. Thus, said rule, regulation or standard must be stated or described in clear, simple and concise. Essentially, the ordinance is stated similarly to the title.
Example:
“SECTION 1. It shall be unlawful to dispose garbage in any public place within the barangay not designated as garbage dumping place”
VI. The Body of the Ordinance
This consists of provisions further clarifying the Ordinance such as “Definition of Terms”, Scope of Coverage, etc. of the Ordinance.
VII. Penalty Clause
This part provides the penalty for violation of the Ordinance.
NOTE: RA 7160 allows LGUs to impose ONLY the penalty of “fine” for violation of its Ordinance, AS FOLLOWS:
Barangay- Not more than P1,000.00;Municipality=Not more than P2,500.00;
Cities/Provinces=Not more than P5,000.00
VIII. Repealing Clause
This part specifically provides that in case there are current Ordinances in conflict with the Ordinance, the latter prevails and the former are deemed amended, repealed or modified accordingly. Theusual statement is: “SECTION __. Repealing Clause. Any barangay ordinance
inconsistent with this ordinance are deemed amended, modified or repealed accordingly.”
IX. Separability Clause
This part declares that any provision of the Ordinance declared null and void by proper or competent authority, the other provisions not similarly declared shall stand. Example:
“SECTION __. Separability Clause. When a provision of this Ordinance is declared null and void by competent authority, other provisions not similarly declared shall remain valid.”
X. Effectivity Clause
This part provides the specific or certain date for the commencement of the enforcement of the Ordinance.
Example:
“SECTION __. Effectivity. This Ordinance shall take effect ten (10) days after a copy is posted at the bulletin board of the barangay hall and in two conspicuous public places within the barangay.”
XI. Proof of Passage
This part bears the proof that the legislative act was passed bythe sanggunian.
“I HEREBY CERTIFY TO THE CORRECTNESS AND GENUINENESS OF THE ABOVE ORDINANCE AS PASSED BY THE BARANGAY ASSEMBLY IN ITS REGULAR MEETING ON _______________”
X X X X X X X X Presiding Officer
ATTESTED:X X X X X X X X
SecretaryXII. Approval of LCE (Signature of the LCE)
RESOLUTION
Types of Resolutions
STANDARD TYPE
This is commonly used in private organizations and is more appropriate in resolutions containing a mere expression of sentiments, desire, aspiration or will.
In this format, the Secretary certifies to the correctness of the resolution which was adopted by the members of the organization. For his part the Presiding Officer attests to the fact that the resolution was duly adopted. Hence, there is no need for the members to sign the document.
COMMISSION TYPE
As implied by its description, this is commonly used by “Commissions” and “Boards” exercising regulatory powers and is applicable in resolutions containing “decisions”, position or stand on certain issues.
In this format, all the deliberating members concerned are required to affix their signatures as to the nature of their votes, such as “concurring” or “concurred in”; “Dissenting” or “Dissented”; or “Abstained”
Essential Parts of a Resolution
I. Letterhead
Same as that of an Ordinance.
II. Resolution Number
At the proposal stage, a temporary number is assigned by the Secretary based on the sequence of submission from 001 to the last in December 31 of the year.
Example: “Draft Resolution No. 100 s., 2008”
The above number means that this is one hundredth Proposed Ordinance during the year 2008.
The first Resolution passed will be given the permanent number Resolution No. 001 s., 2008 regardless of its temporary number.
III. Title or Caption
This is usually similarly worded as the “Main Resolutory” Clause.
IV. Prefatory Statements or Premises
This part presents the premises or justifications in logical order or sequence initiated with “WHEREAS”.
V. Resolutory Provisions
This part contains the MAIN RESOLUTORY CLAUSE and SUPPLEMENTAL CLAUSE(S) The clauses are introduced with an “enacting clause” “NOW, THEREFORE:” or “FOREGOING PREMISES CONSIDERED”
The MAIN RESOLUTORY CLAUSE expresses the “Resolution” or declared sentiment, decision, position or stand
introduced with the word “RESOLVED, to” or the phrase: “RESOLVED AS IT IS HEREBY RESOLVED, to”
The SUPPLEMENTAL CLAUSES usually similarly stated but with “RESOLVED FURTHER” or “RESOLVED FINALLY” dealing with instructions and authorization pertaining to the delivery of the Resolution.
Example:
NOW, THEREFORE, upon motion of _________ duly seconded by __________________________,
RESOLVED, to express the profound condolences of this
August Body to the bereaved family of __________________;
RESOLVED, FURTHER, to request the Honorable Presiding Officer to personally deliver this Resolution to the bereaved family as soon as possible;
RESOLVED, FINALLY, to send copies of this resolution to the Municipal Mayor for his information. VI. PROOF of ADOPTION
This portion contains the proof of adoption or passage.
Example: (1)
“ADOPTED, ____(date)__________.= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = I hereby certify to the correctness of the foregoing
resolution as adopted by the Sangguniang Barangay during its Regular Meeting on __________________.
NOW, THEREFORE, on motion of ___________ duly seconded by ________________________; OR on motion of the Chairman of the Committee on Good Governance,
RESOLVED, to confirm the appointment issued by the Hon. __________, Punong Barangay, in favor of __________ as “BARANGAY TREASURER”;
RESOLVED, FURTHER, to attach a copy of this resolution to a copy of the appointment of Mr. ___________ for transmission to the Depository Bank of the Barangay, for updating of its records;
RESOLVED, FINALLY, to furnish copy of this resolution to the Municipal Mayor, the appointee, the DILG representative in the municipality and all other Government Offices, for their information and record.
Resolution as adopted by the Sangguniang Barangay during its regular meeting on _____. __________________ Presiding Officer ATTESTED:
___________________SecretaryLegislative Records and Documents
JOURNAL
The “Journal” or “Record of Proceedings” is a record book containing the notes of the Secretary during the meeting or session. It is acceptable practice to employ tape recorders to back-up the journal with the transcription. It is useful to countercheck accuracy of the journal.
MINUTES
The “Minutes” is “a record of the proceedings of a deliberative body containing, among others things, a brief account of what has taken place and decisions made and not necessarily all what had been said during a particular meeting or session.”
“Minutes” is a summary of what transpired, vital decisions and agreements made during the proceedings of a deliberative body. It is usually a summary of the record of proceedings of a meeting.
It is the duty and function of the Secretary to record the proceedings of the meeting/session of the Sangguniang Barangay, among others, and prepare the draft minutes of every meeting/session for adoption of the legislative body. The “draft minutes” shall be reviewed by the Presiding Officer and shall “attest” to the correctness of the draft prepared by the Secretary. A copy of the “draft minutes” shall be reviewed by the members of the Sangguniang Barangay as to correctness, completeness and truthfulness by integrating therein their collective recollection of the meeting/session. Once, the “draft minutes” is adopted, the same shall be deemed the official version/story of the meeting/session.
Format of the Minutes
I. Letterhead
This is the same as the letterhead of Ordinance or Resolution, thus:
Republic of the Philippines Province of ____________ Municipality of _________ BARANGAY __________
OFFICE OF THE SANGGUNIANG BARANGAY
II. Heading
This part describes the document, thus:
MINUTES OF THE PROCEEDINGS OF THE REGULAR MEETING OF THE SANGGUNIANG BARANGAY HELD ON _____________ AT THE BARANGAY HALL
III. Body
Since the “minutes” contains the record of the proceedings of the meeting/session, it is logical that the record covers the “ORDER OF BUSINESS”. Thus,
I. CALL TO ORDER
Who called the meeting to order and what time.
II. ROLL CALL
List Sangguniang Barangay Members present; List Sangguniang Barangay Member Absent and cause of
absence. Declaration of QUORUM by the Presiding Officer
III. DISPOSITION OF THE MINUTES OF PREVIOUS MEETING
Specify the Minutes ( Example: June 17, 2008 Regular Meeting) Corrections made (if any):
(Describe each correction with reference to specific page, line, etc.)
Adoption of the Minutes including who moved and seconded;
IV. COMMITTEE REPORT
Specify the Committee reporting; who rendered the report; Subject matter of the report; Recommendation of the
Committee; and the action of the Sangguniang Barangay on the Committee recommendation to include any specific instructions on the Committee Report
V. FIRST READING AND REFERRAL
a. Proposed Ordinance
List the draft ordinances number, title, name of sponsor and the Committee to which each was referred
b. Proposed Resolution
List the draft resolution number, title, name of sponsor and The Committee to which it was referred
c. Petitions, Requests, Communications, etc.
List and describe each Petition, Requests, Communication, etc. (Source; date; subject matter) and the Committee to which it was referred or the action taken by the Sangguniang Barangay.
VI. CALENDAR OF BUSINESS
A. UNFINISHED BUSINESS
List each item; (Title and Number) and the period each is treated (i.e., Period of Individual Amendment) and the approved amendment ;
B. BUSINESS OF THE DAY
List each item: (Title and Number) and result of action per period;
C. UNASSIGNED BUSINESS
List each item and the direction/instruction of the body for each;
VII. THIRD AND FINAL READING
List each item (Number, Title, Sponsor) and result of voting on each.
VIII. ADJOURNMENT
Who adjourned the meeting and the time. ____________________________________________________________
I HEREBY CERTIFY TO THE CORRECTNESS OF THE ABOVE MINUTES OF THE AFORESTATED REGULAR MEETING OF THE SANGGUNIANG BARANGAY.
_____________________Secretary
ATTESTED:____________________ Presiding Officer
BARANGAY RECORDBOOK OF LEGISLATIVE ACTS
The Secretary shall maintain a record book of Legislative Acts with the following columns:
ORDINANCES
First Column: Ordinance Number Second Column: Full Title
Third Column: Name of Sponsor(s)Fourth Column: Committee AssignedFifth Column: Date of Public Hearing(s) Sixth Column: Date Passed/Enacted Seventh Column: Date PostedEight Column: Date Submitted for ReviewNinth Column: REMARKS
RESOLUTIONS
First Column: Resolution NumberSecond Column: Full TitleThird Column: Name of Sponsor(s)Fourth Column: Committee AssignedFifth Column: Date AdoptedSixth Column: Date Submitted for Review Seventh Column: REMARKS
FILE
The Secretary shall maintain a separate FILE FOLDERfor ORIGINAL COPY of all ORDINANCES and RESOLUTIONS
(signed by the Sangguniang Barangay Members during the Third and Final Reading and by the Punong Barangay) arranged sequentially with the oldest at the bottom and the latest on top of the file.
Each Folder shall have a Summarized Listing sequentially
arranged ( Permanent Number and Title ) with the oldest on the top and the most recent at the bottom of the list.
CHAPTER VII LEGISLATIVE REVIEW
“Legislative Review” is the required process whereby a higher legislative body exercises “general supervision” over the legislative acts of the legislative bodies of component LGUs to ensure that the latter’s acts are within their delegated powers” under the Local Government Code and other laws.
Reviewing Authorities
The Sangguniang Bayan or Panlunsod shall exercise legislative review authority over legislative acts of the legislative bodies of component barangays; (Section 57, RA 7160) while the Sangguniang Panlalawigan shall exercise legislative review authority over legislative acts of legislative bodies of component cities and municipalities.
Scope of Review Authority
“Legislative Review” is an exercise of “general supervision” by the legislative body of an LGU over the legislative acts of the legislative bodies of its component LGUs.“to ensure that the legislative acts are within the delegated powers of component LGUs.”
Reviewing legislative bodies do not “APPROVE” or “DISAPPROVE” the legislative acts of its component LGUs but can only declare the same as “CONSISTENT WITH LAW” or “VALID” or “ INCONSISTENT WITH LAW” and “SUSPEND the EFFECTIVITY” of said defective legislative act. The reviewing legislative body cannot interpose any other standards other than those already prescribed by RA 7160.
