Professional Documents
Culture Documents
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
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.
Every LGU is assigned its own specific taxing authority and cannot
encroach upon the tax base assigned to another LGU. The Barangays 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 with
Gross 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.
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 twothirds ( 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:
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
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 peoples lives and property but,
more importantly, its survival and sustained development.
2. Legislation as a major power, duty and function of government
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, Roberts
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 the
principals 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 relying
in 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 doesnt 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.
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 decisionmaking, 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;
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
CALL TO ORDER
ROLL CALL ( to establish QUORUM)
DISPOSITION OF THE MINUTES OF
PREVIOUS MEETING
COMMITTEE REPORT
FIRST READING AND REFERRAL
SECOND READING AND DEBATE or
CALENDAR OF BUSINESS
A. Unfinished Business
B. Business of the Day
C. Unassigned Business
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.
OR
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
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 Committee
2. Brief statement of the subject matter covered by the
report and the action taken on it by the committee
3. Findings and conclusions
4. 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
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 doesnt
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.
___________________________________________________
Rescind or Amend something previously adopted
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,
___________________________________________________________
Discharge a Committee
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)
_____________________________________________________________________
Reconsider
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 ANNOUNCED
and 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
(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 oclock 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)
__________________________________________________
Postpone Definitely
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.
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 Order
Appeal From the Ruling of the Chair
Divide the Question
Divide the Assembly
Parliamentary Inquiry
Point of Information
Withdraw 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.
PRECEDENCE OF MOTIONS
PRIVILEGED MOTION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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 chairs 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
assemblys having to dispose of a motion that only one person
wants to see introduced. (Sarah Corbin Robert, Roberts 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
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
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
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.
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
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 by
the sanggunian.
Example:
APPROVED, (date of meeting)
(1) ______________________
Kagawad
______________________
Kagawad
______________________
Kagawad
______________________
Kagawad
_______________________
Kagawad
_______________________
Kagawad
_______________________
Kagawad
_______________________
Kagawad
O R
(2)- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
XII.
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.
_____________________
Kagawad
____________________
Kagawad
____________________
Kagawad
____________________
Kagawad
CERTIFIED CORRECT:
_________________
Presiding Officer
SAMPLE RESOLUTION
Republic of the Philippines
Province of ____________
Municipality of ___________
BARANGAY _____________
OFFICE OF THE SANGGUNIANG BARANGAY
RESOLUTION No. 26 s., 2008
RESOLUTION CONFIRMING THE APPOINTMENT OF
________________ _AS MUNICIPAL BUDGET OFFICER
WHEREAS, ______________________________
__________________________;
WHEREAS, ______________________________
_________________________ ;
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.
ADOPTED, ___________________.
=================================
I HEREBY CERTIFY to the CORRECTNESS of the foregoing
Resolution as adopted by the Sangguniang Barangay during its
regular meeting on _____.
__________________
Presiding Officer
ATTESTED:
___________________
Secretary
Legislative 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:
VIII. ADJOURNMENT
Who adjourned the meeting and the time.
____________________________________________________________
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 latters 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.
CHAPTER VIII