14th City Council
2nd Special Session
Series of 2006
Republika ng Pilipinas
LUNGSOD NG DABAW
Tanggapan ng Sangguniang Panlungsod
Councilor Jimmy G. Dureza - President Pro Tempore
Vice Mayor Luis C. Bonguyan
Councilor Nilo G. Abellera
Councilor Ma. Belen S. Acosta
Councilor Victorio S. Advincula
Councilor Wilberto E. Al-ag
Councilor Dante L. Apostol, Sr.
Councilor Leonardo R. Avila, III
Councilor Conrado C. Baluran
Councilor Gerald B. Bangoy
Councilor Pilar C. Braga
Councilor Arnolfo Ricardo B. Cabling
Councilor Domingo G.L’Dalodo
Councilor Danilo C. Dayanghirang
Councilor Emmanuel D. Galicia, Sr.,
Councilor Peter T. Laviña
Councilor Rene Elias C. Lopez
Councilor Amilbangsa T. Manding
Councilor Paz C. Mata
Councilor Bonifacio E. Militar
Councilor Nenita R. Orcullo
Councilor Susan Isabel C. Reta
Councilor Angela A. Librado-Trinidad
Councilor Jose Louie P. Villafuerte
Councilor Jesus A. Zozobrado, Jr.
ON OFFICIAL BUSINESS:
Councilor April Marie C. Dayap - Quezon City
Councilor Diosdado Angelo A. Mahipus, Sr. - Digos City
RESOLUTION NO. 02454-06
Series of 2006
AMENDING THE REVISED RULES OF THE
SANGGUNIANG PANLUNGSOD OF
DAVAO CITY AND FOR OTHER PURPOSES
WHEREAS, there is a need to make the proceedings of the Sanggunian more orderly, effective and faster by amending certain provisions of its Rules, shortening the period prescribed for the passage of measures and reducing the number of members of its Standing Committees;
NOW THEREFORE, on motion of Councilor Jesus A. Zozobrado, duly and jointly seconded by Councilors Dante L. Apostol, Sr., Amilbangsa T. Manding, Leonardo R. Avila, III, Angela A. Librado-Trinidad, Peter T. Laviña and Gerald B. Bangoy, co-sponsored by Councilors Danilo C. Dayanghirang and Bonifacio E. Militar, be it resolved, as it is hereby resolved, to amend the Revised Rules of the Sangguniang Panlungsod as follows, to wit:
“Be it enacted by the Sangguniang Panlungsod of Davao City in session assembled:
TITLE, POLICY AND APPLICATION
SECTION 1. TITLE. - This Resolution shall be known as the “Revised Rules of the Sangguniang Panlungsod of Davao City of 2006, as amended.”
SECTION 2. DECLARATION OF POLICY.- The goal of the Sanggunian is to enact resolutions and ordinances that will respond to the needs and aspirations of the people based on laws, established rules and procedures, that will govern its conduct and the performance of its roles and functions. The Sanggunian shall adopt a gender fair language in all its proceedings.
SECTION 3. MEMBERSHIP.- The membership of the Sanggunian shall include the City Vice Mayor, the Councilors elected from the three (3) legislative districts of Davao City, and those elected or chosen to represent the Liga ng mga Barangay, the Pederasyon ng mga Sangguniang Kabataan and such other sectors as may be allowed by law or ordinance.
SECTION 4. FIRST MEETING AND ORGANIZATION. - The members of the Sanggunian on the day and time fixed by these Rules, shall meet at the Session Hall of the Sangguniang Building and proceed to its organization in the manner herein prescribed.
SECTION 5. OATH OR AFFIRMATION OF MEMBERS. - The members shall take their oath or affirmation collectively or individually before a judge or any official authorized to administer oaths or affirmation in Davao City during their inaugural session.
THE PRESIDING OFFICER
SECTION 6. PRESIDING OFFICER. - The City Vice-Mayor shall be the Presiding Officer of the Sanggunian.
SECTION 7. DUTIES AND POWERS. - The duties and powers of the Presiding Officer shall be:
a. To preside over the sessions of the Sanggunian;
b. To preserve order and decorum during the sessions and, in case of disturbance or disorderly conduct in the Session Hall, take such measures as he/she may deem advisable or as the Sanggunian may direct;
c. To decide all questions of order subject to appeal by any member, who may explain his/her appeal in not more that five minutes and which appeal shall not be debatable nor to an explanation of vote in case of nominal voting;
d. To sign all ordinances, resolutions, memorials, writs, warrants and subpoena issued by or upon order of the Sanggunian;
e. To exercise supervision over all committees; and
f. To prepare and submit to the Executive Department. the annual budget of the Sanggunian with the assistance of the Committee on Finance, Ways and Means & Appropriations.
SECTION 8. TEMPORARY PRESIDING OFFICER.- The Presiding Officer, after informing the President Protempore, may designate, a member to perform the duties, of the Chair, but such designation shall not exceed one day each time without the consent of the Sanggunian.
SECTION 9. RIGHT TO VOTE. - The Presiding Officer shall not vote except in case of tie.
SECTION 10. DEPARTMENT HEAD. - The City Vice-Mayor shall be the department head of the Sanggunian, and shall exercise such administrative and supervisory functions and power as are attached to his office.
THE SECRETARY TO THE SANGGUNIAN
SECTION 11. QUALIFICATIONS. - There shall be a Secretary to the Sanggunian, who shall be a career official with the rank and salary fixed and provided for by law.
No person shall be appointed Secretary to the Sanggunian unless he/she is a citizen of the Philippines, a resident of the City of Davao, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.
In case of the absence or incapacity of the Secretary to the Sanggunian, the Assistant Secretary to the Sanggunian shall assume the powers and duties of the Secretary to the Sanggunian unless the Presiding Officer designates an acting Secretary to the Sanggunian.
SECTION 12. DUTIES AND POWERS. - The duties and powers of the Secretary to the Sanggunian shall be:
(a) To attend meetings of the Sanggunian; keep a Journal of its proceedings and record the attendance of its members;
(b) To keep the seal of the Sanggunian and affix the same with his/her signature to all ordinances, resolutions, and other official acts of the Sanggunian and present the same to the Presiding Officer for his/her signature;
(c) To forward to the City Mayor for approval, copies of ordinances enacted by the Sanggunian and duly certified by the Presiding Officer, in the manner provided in these Rules;
(d) To furnish, upon request of any interested party certified copies of records of public character in his/her custody, upon payment to the City Treasurer of such fees as may be prescribed by ordinances;
(e) To record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sanggunian, with the dates of passage and publication thereof;
(f) To keep his/her office and all non-confidential records therein open to the public during the usual business hours;
(g) Take custody of the local archives and, where applicable, the Sanggunian library and annually account for the same;
(h) To read resolutions, ordinances, messages, communications, memorials, petitions and other documents which should be reported by him/her to the Sanggunian or the reading of which should be reported by him/her to the Sanggunian or the reading of which is required by the Sanggunian or ordered by the Presiding Officer;
(i) To note all questions of order together with the decisions thereon and to print the same at the close of each session for the use of the members as an appendix to the record of such session;
(j) To complete within six months after the close of the session the printing and distribution to the members of the Records of the Sanggunian for said session and of the resolutions and ordinances passed and adopted during the same, all properly indexed, each member being entitled to one copy thereof.
(k) To retain in the Sanggunian library for the use of the members and officers of the Sanggunian sufficient copies of books and printed documents;
(l) To cause to be printed and delivered to each member or mailed to his/her address at the commencement of every regular session a list of the Accomplishment Report and such other reports which each head of department is required to submit to the Sanggunian;
(m) To send at the close of each session, or soon thereafter, printed copies of the Record of the Sanggunian to the City Mayor, the Heads of Departments or Chiefs of Offices and such other persons or entities as the Sanggunian may authorize;
(n) To refer to the proper committee or committees, as the Presiding Officer may direct, such proposed ordinances and other documents as may be presented or endorsed to the Sanggunian;
(o) To translate into the dialect used by the majority of the inhabitants all resolutions and ordinances immediately after their approval and cause the publication of the same together with the original version in the manner provided under the Local Government Code;
(p) To certify and affix the seal of the Sanggunian to all measures, orders, resolutions and ordinances approved by the Sanggunian;
(q) To submit to the Presiding Officer all contracts and agreements for his/her approval;
(r) To act as the custodian of the property and records of the Sanggunian and all other government property within its premises. At the beginning and end of each session, to make an inventory of all the properties, records of the Sanggunian, and all other government properties within its premises; and
(s) To act on and make available all matters relating to public information and dissemination of vital issues affecting the Sanggunian to all means of mass communications and to the public general.
SECTION 13. SUPERVISORY POWER. - Subject to the supervision and control of the Presiding Officer, the Secretary to the Sanggunian shall be responsible for the faithful and proper performance of the official duties of the personnel of the Sanggunian as prescribed by law.
THE OTHER OFFICERS OF THE SANGGUNIAN
SECTION 14. THE PRESIDENT PROTEMPORE. Election. - There shall be a President Protempore who shall be elected by a majority vote of the members of the Sanggunian.
SECTION 15. DUTIES AND POWERS. - The duties and powers of the President Protempore shall be:
- a. To assume the duties and powers of the Presiding Officer, including his/her prerogatives under Section 7 hereof, when he/she is absent or incapacitated;
- b. To preside over the session when, even if present, the Presiding Officer does not preside, subject to Section 7 hereof; and
- c. To exercise such powers and functions as the Presiding Officer may delegate.
SECTION 16. THE FLOOR LEADER. Election. There shall be a Floor Leader who shall be elected by a majority vote of the members of the Sanggunian.
SECTION 17. DUTIES AND POWERS. - The duties and powers of the Floor Leader shall be:
- a. To pass upon and approve all items to be calendared in the agenda for deliberation and action by the Sanggunian; and
- b. To perform such other duties as the Sanggunian may from time to time assign to him/her.
- c. The Floor Leader shall act as Ex-Officio Member of all standing committees of the Sanggunian where he/she is neither the Chairperson nor the Vice-Chairperson thereof.
- d. To insure that he/she will be able to address all his/her duties as Floor Leader and Ex-Officio member of all standing committees of the Sanggunian, the Floor Leader shall not chair any standing committee except that of the Committee on Rules, Privileges, Laws and Ordinances of the Sanggunian. (new provision)
SECTION 18. THE ASSISTANT FLOOR LEADER. Election. There shall be an Assistant Floor Leader who shall be elected by a majority vote of the members of the Sanggunian.
SECTION 19. DUTIES AND POWERS. - The Assistant Floor Leader shall perform the duties and powers of the Floor Leader upon the latter’s absence or incapacity.
SECTION 20. TERM OF OFFICE. The President Protempore, Floor Leader, Assistant Floor Leader, Chairpersons, Vice Chairpersons and Members of the standing committees shall serve at the will and pleasure of the Sanggunian until sooner removed or replaced by a motion and majority vote of the members present there being a quorum.
SECTION 21. THE SERGEANT-AT-ARMS. Appointment. - There shall be a Sergeant-At-Arms who shall be appointed by the Presiding Officer upon recommendation of majority of the members of the Sanggunian who shall serve until sooner removed for cause.
SECTION 22. DUTIES AND POWERS. - The duties and powers of the Sergeant-At-Arms shall be:
- a. To be personally present in all sessions of the Sanggunian unless excused by the Presiding Officer and to be present, personally or through his/her subordinates, in all meetings of the committees;
- b. To strictly enforce the rules relating to admission to the Session Hall, the galleries, corridors, and premises of the Sanggunian building;
- c. To be responsible for the faithful and proper behavior and performance of employees under him/her;
- d. To execute the orders of the Sanggunian and serve all processes issued by authority thereof or the Presiding Officer;
- e. To be responsible for the security and maintenance of order during the session of the Sanggunian under the direction of the Presiding Officer, during the meeting of any of the committees or subcommittees under the direction of the Chairperson thereof; and in the antechamber, corridors and offices of the Sanggunian, whether in session or not, under the direction of the Presiding Officer; and during the period between the final adjournment of one Council and the organization of the next, under the direction of the Secretary to the Sanggunian;
- f. To be responsible for the personal safety of the members while in the Sanggunian premises or, as the Presiding Officer may direct, in any other place;
- g. To be responsible for the security of the properties of the Sanggunian; and
- h. To keep the Mace under his/her custody.
Section 23. THE MACE. - The Mace shall be the symbol of the authority of the Sanggunian and shall be displayed at the Presiding Officer’s rostrum when the Sanggunian is in session.
The Mace shall serve as the warrant for the Sergeant-At-Arms in enforcing order in the Sanggunian.
SECTION 24. STANDING COMMITTEES. - The Sanggunian shall have the following standing committees organized, each composed of five (5) members headed by a Chairperson and assisted by a Vice-Chairperson provided that the presence of three (3) councilors during meetings and hearings shall constitute a quorum to conduct business.
The Chairmen and members of the different Sanggunian Committees shall take their oath collectively in case the committee has been constituted at the same time before the Presiding Officer immediately after being voted.
(1) AGRICULTURE & FOOD
- - All matters relating to agriculture, agribusiness, agricultural economics and research; soil survey and conservation; irrigation; agricultural education; fertilizer and pesticides; extension services; animal and livestock industry; farm credit and farm security; crop, fruit and livestock quarantine, insurance and guarantee schemes.
(2) APPOINTMENTS & GOVERNMENT REORGANIZATION
- - All matters relating to the appointments of City Government employees from Heads of Departments or Chiefs of Offices, to the rank and file personnel as well as the structures, organizational set up functions and supervision, staffing pattern and human resource development policies of all offices and departments of the City Government including their reorganizations.
(3) BARANGAY AFFAIRS
- - All matters relating to the welfare and development of the barangays including provisions for agricultural support services; health and social services; services and facilities related to general hygiene and sanitation, beautification and solid waste collection; maintenance of katarungang pambarangay; maintenance of barangay roads and bridges; barangay water systems; infrastructure facilities such as multi-purpose hall, farm to market roads, gymnasiums, information and reading centers and satellite or public markets where viable; boundary conflicts and the maintenance of peace and order.
(4) CIVIL, POLITICAL & HUMAN RIGHTS
- - All matters relating to the enhancement and protection of the civil, political and human rights of the people; assistance to victims of human rights violations and their families and the prevention of or punishment for violations thereof.
(5) COOPERATIVE DEVELOPMENT & PEOPLE’S PARTICIPATION
- - All matters relating to the promotion, growth and development of cooperatives in the City; participation of various groups; business sector; non-government organizations (NGOs); peoples organizations (POs) and other sectors of the community in the sessions and deliberations of the Sanggunian or any of its committees on vital issues and concerns; accreditation of NGOs/POs and other duly organized groups in accordance with existing guidelines; conduct of in-depth research and analysis as well as recommend which sector requires representation in the Sanggunian as provided for and allowed by the Local Government Code.
(6) CULTURAL COMMUNITIES & MUSLIM AFFAIRS
- - All matters relating to the welfare and development of the Muslims and Cultural Communities in the City, the preservation of their heritage; livelihood opportunities and programs for their growth and development.
(7) EDUCATION, SCIENCE & TECHNOLOGY, ARTS & CULTURE
- - All matters relating to education; schools, colleges and universities; libraries and museums; non-formal and community adult education; development and advancement of science and technology; scientific and technological research; and the preservation, enrichment and dynamic evolution of the Filipino Arts and Culture.
(8) ENERGY, TRANSPORTATION & COMMUNICATION
- - All matters relating to the exploration, development, exploitation or conservation of energy and water; public utilities engaged in power and water generation, transmission, distribution and supply; rural electrification and street lighting; land, sea and air transportation and all public utilities connected therewith; transport system; traffic management; seaports; airports; postal; telegraph; radio; television; telephone; and other communication services.
(9) ENVIRONMENT & NATURAL RESOURCES
- - All matters relating to the protection of the environment; ecosystem management and pollution control; exploitation, utilization and management of natural, marine and aquatic resources; wild life conservation; lands of public domain; mines and minerals, forests and reservations.
(10) ETHICS & GOOD GOVERNMENT
- - All matters relating to the moral and ethical conduct, dignity, integrity and reputation of the Sanggunian and its members in connection with the performance of their official duty and their own personal conduct as public officials individually or collectively; provided that any complaint filed against any member of the Sanggunian must be made in writing and under oath. Such complaint shall be referred to the committee which shall act on it upon a vote of two-thirds of its members by recommending to the Sanggunian the censure, reprimand, suspension or expulsion, or any other appropriate disciplinary action as it may deem just and reasonable and in accordance with existing laws; conduct investigations of, malfeasance, misfeasance and nonfeasance in office by officials and employees of the city government and the barangays; and of any matter of public interest on its own initiative or brought to its attention by any member of the Sanggunian.
(11) FINANCE, WAYS & MEANS & APPROPRIATIONS
- - All matters relating to fiscal; monetary and financial affairs of the city government; including tariff, taxation, revenues, borrowing, credit and bonded indebtedness; funds for the expenditures of the city government and for the payment of indebtedness and the classifications of positions and determination of salaries, allowances and other fringe benefits of the City government personnel.
(12) FRANCHISES & PUBLIC UTILITIES
- - All matters relating to the grant, amendment, extension or revocation of franchises devolved to cities; control and regulation of operations of Tricycles and Pedicabs as well as other means of transportation of similar nature and character.
(13) GAMES & AMUSEMENTS
- - All matters relating to all forms and places of recreation, games and amusements and all types of entertainment.
(14) GOVERNMENT ENTERPRISES & PRIVATIZATION
- - All matters relating to the City-owned economic enterprises such as public markets; slaughterhouses; transport terminals; recreation centers; and the like including their privatization, if warranted or necessary.
- - All matters relating to health and hygiene, sanitation, population, family planning, medical, hospital and quarantine facilities and services as well as other health-related issues and concerns.
(16) HOUSING, RURAL & URBAN DEVELOPMENT
- All matters relating to the implementation of the City’s comprehensive development plan, zoning and land use; land reform; rural and urban development; housing and resettlement including the relocation of squatters, calamity victims and the homeless in appropriate relocation sites and resettlement areas; reclassification and development of lands for residential, commercial, industrial, institutional, tourism and other related purposes; expropriation of real properties, acquisition, administration and disposition of the City-owned real and personal properties as well as registration of land titles and other similar documents.
(17) INFORMATION TECHNOLOGY
- All matters relating to telephone systems and services, advanced communication technologies (e.g. wireless communication systems, cable modern, etc.); IT infrastructure development, IT human resources development, IT education, research, development and advancement and other IT matters and services.
(18) INTERNATIONAL RELATIONS
- - All matters relating to the establishment of linkages and sister city relations with other cities and countries of the world in the areas of trade, commerce and industry, tourism, education, science and technology and such other fields as are mutually beneficial and agreed upon by the parties; foreign travel and attendance in international conferences including the formulation of guidance/standard operating procedures in connection with such foreign travel; and visits of foreign heads of states as well as other foreign dignitaries.
(19) LABOR & EMPLOYMENT OPPORTUNITIES
- - All matters relating to labor; improvement of relations between workers and employers; rights of workers to self-organization; collective bargaining; security of tenure, worker’s protection and just and humane conditions of work; promotion of employment opportunities and human resources development and maintenance of industrial peace based on social justice.
(20) PEACE & PUBLIC SAFETY
- - All matters relating to peace and order, civil defense, police and military forces and agencies including private security agencies; management and operation of the City Jail and detention cells; fire and public safety including fire prevention, disaster preparedness and other safety measures.
(21) PUBLIC WORKS & HIGHWAYS
- - All matters relating to the planning, construction, maintenance, improvement and repair of public buildings, highways, roads and bridges, water systems; drainage and sewage as well as flood control and protection; parks, shrines and monuments and other public edifices of historic interest
(22) RULES, PRIVILEGES, LAWS & ORDINANCES
- - All matters relating to the Rules and Procedures of the Sanggunian; Calendar of Business and Order of Business and the creation of committees and their jurisdiction; review of Barangay and Sanggunian resolutions and ordinances including the legality and/or constitutionality of the said resolutions and ordinances; and in general, codification, revision and/or amendment of resolutions and ordinances.
(23) SOCIAL SERVICES
- - All matters relating to public welfare, care for the poor and destitute; senior citizens and the aged; veterans, veterans of military campaigns, military retirees, their surviving spouses and other beneficiaries; differently abled and incapacitated; victims of violence and abuse as well as victims of natural and man made calamities and disasters; social problems which affect the stability .and adjustment of the individual and of the community to the environment and the appropriate social services required to develop, improve, uplift, and strengthen individual and community life;
(24) TOURISM & BEAUTIFICATION
- - All matters relating to tourism and the tourist industry as well as the beautification of the City.
(25) TRADE, COMMERCE & INDUSTRY
- - All matters relating to domestic, foreign trade, patents, trade names and trade marks; standards, weights and measures; designs; quality control; consumer protection; control of prices of commodities; handicrafts and cottage industries and the development, coordination, regulation, diversification and promotion of industry and investment.
(26) WOMEN, CHILDREN & FAMILY RELATIONS
- - All matters relating to women’s rights, protection and welfare, employment and working conditions and their role in nation building; and children’s rights, protection and welfare as well as the strengthening of the family as the basic social institution.
(27) YOUTH & SPORTS DEVELOPMENT
- - All matters relating to the welfare and interest and development of the youth; promotion of moral, physical, intellectual and social well being; and sports development in general.
Section 25. DUTIES AND FUNCTION - The Committees shall study and act upon all measures inclusive of ordinances, resolutions, petitions and communications referred to it by the Sanggunian, and recommend for approval those that, in their judgment, advance the interest and promote the welfare of the people. Committees may also, motu proprio, upon a majority vote of all their Members, conduct inquiries on issues and concerns within their respective jurisdictions. Provided that, written notices thereof are first given to the Presiding Officer, Floor Leader and the Secretary to the Sanggunian.
SECTION 26. LIMITATIONS - No member of a Committee shall participate in Committee deliberations or vote on any matter regarding which he/she has direct or indirect business, financial or pecuniary interest.
SECTION 27. RULES OF STANDING COMMITTEES. - Standing Committees may adopt their own rules by a majority vote of all their members; Provided, that the rules so adopted are consistent with these rules and will not expand or in any way alter their jurisdictions as provided herein.
SECTION 28. COMMITTEE HEARING. - No proposed ordinance, resolution or petition shall be set for hearing unless it has been officially referred to an appropriate committee. No initial hearing on any bill, resolution or petition shall be conducted unless written notice thereof has been issued to the members of the concerned committee at least three (3) calendar days before such hearing. Three (3) calendar days before a regularly scheduled committee meeting, conference or hearing, written notice thereof shall be given to all the Members specifying therein the subject matter and the names of the resource persons invited.
SECTION 29. NOTICE TO THE PUBLIC. - The committees shall undertake measures to ensure that public notices and/or announcements regarding the conduct of any of its meetings or public hearings are issued at least three (3) days before said meeting, conference or hearing. They shall also undertake such measures and/or establish systems to ensure the constituencies, sectors or groups whose welfare and interests are directly affected by measures to be discussed are able to participate in these meetings or public hearings. In addition, meetings and public hearings shall be open to the public subject to reasonable regulations in the interest of security, order, and the safety of persons in attendance.
SECTION 30. RELATED MEASURES. - The committee, as far as practicable, shall schedule proposed ordinances, resolutions or petitions of similar or related subject matter for the same meeting or hearing.
SECTION 31. COMMITTEE REPORTS AND ORDERS. - Committee reports or order on any proposed ordinance, resolution, speech, message, memorial or petition shall be considered in formal meetings. A committee report, once approved, must be signed by a majority of the members of the committee. When a quorum is present, a majority of those present may act on a committee report. The signatures of the majority of the members of the committee on the report may, thereafter, be secured. Once a committee report is approved, the report and the corresponding measure it covers shall no longer be subject to any change, amendment or alteration, except to corrections of typographical errors.
SECTION 32. OBJECTIONS TO COMMITTEE REPORT. - When a committee submits a report, a member thereof shall be presumed to have concurred with the report and shall be precluded from opposing the same during plenary debate unless he/she files his/her objections and/or dissenting vote with the Secretary to the Sanggunian in writing within five (5) calendar days from the inclusion thereof in the Order of Business, or he/she is allowed to do so by the Vice Mayor upon satisfactory explanation in writing made by the Member within the same period.
SECTION 33. REPORTS OF THE COMMITTEEON RULES. - The Committee on Rules may meet at any time and report on any matter within its jurisdiction. The consideration of its reports shall always be in order provided the report has been placed in the agenda like the other items.
SECTION 34. COMMENCEMENT OF DAILY SESSIONS. - Unless the Sanggunian provides otherwise, the session shall commence promptly at nine o’clock in the morning on Tuesdays at the Session Hall of the Sangguniang Panlungsod Building.
SECTION 35. CALL TO ORDER. - The Presiding Officer shall open the session by calling the Sanggunian to order to be followed by an Invocation by any member designated by the Presiding Officer and then by the singing of the National Anthem and thereafter, the song Tayo’y Dabawenyo.
SECTION 36. ATTENDANCE IN SESSIONS. - Every member shall be present in all the sessions of the Sanggunian unless necessarily prevented from doing so by sickness or other unavoidable circumstances duly reported to the Sanggunian, through the Secretary to the Sanggunian. Members who are on official business outside Davao City or the country as evidenced by Travel Orders duly issued and approved by the City Mayor are authorized to collect per diems for paid sessions held while said members are on official travel. Upon their return, they are required to submit a written report to the Sanggunian regarding the accomplishment of the purpose for which the travel orders were granted.
SECTION 37. VOTING. Every member present in the session shall vote on every question put unless he/she inhibits himself/herself on account of personal or pecuniary interest therein. Unless provided otherwise by these Rules, every question put shall be resolved by a majority vote of the members present there being a quorum. If the City Government shall borrow money, incur obligation or guarantee indebtedness, a vote of majority of all the members is required except those outside the country and those outside Davao City on official business.
SECTION 38. SESSIONS OPEN TO THE PUBLIC; EXCEPTIONS. - All sessions shall be open to the public unless an Executive Session is ordered by a majority vote of the members present, there being a quorum, in the interest or for reasons of security, decency or morality. No two sessions, regular or special, may be held in a single day.
SECTION 39. EXECUTIVE SESSION. - When the Sanggunian decides to hold an executive session, the Presiding Officer shall direct the galleries and hallways to be cleared and doors closed.
SECTION 40. PERSONS ALLOWED IN EXECUTIVE SESSION. - Only the Secretary to the Sanggunian, the Sergeant-At-Arms and other persons specifically authorized by the Sanggunian shall be admitted to the executive session and they shall preserve the secrecy of whatever may be read or said at the session.
SECTION 41. CONFIDENTIAL DOCUMENTS. - When, by request of the Sanggunian, confidential documents or papers marked as such are transmitted to it by the City Mayor or a head of department and require consideration in an executive session, their existence or contents shall not be revealed without leave of the Sanggunian.
SECTION 42. SUSPENSION AND ADJOURNMENT OF SESSION. - Sessions shall not be adjourned except by direction of the Sanggunian, but the Presiding Officer may, in his/her discretion, declare at any time a suspension or recess of short interval.
SECTION 43. SPECIAL SESSION. - When public interest so requires, the Sanggunian, if not in session, shall, upon request of any of its members or of the City Mayor convene on such date and time so stated in an appropriate Executive Order issued for the purpose, to deliberate on and pass the required resolution or ordinance. For this purpose, a written notice to the members shall be served personally at the member’s usual place of residence at least twenty-four hours before the special session is held. Unless otherwise concurred in by two-thirds vote of the members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
SECTION 44. OPENING AND ADJOURNMENT ENTERED IN JOURNAL. - The exact hour of opening and adjournment of a session shall be entered in the Journal of the Sanggunian.
ROLL CALL AND QUORUM
SECTION 45. ROLL CALL. - Upon every roll call, the names of members shall be called alphabetically by surnames, except when two or more have the same surname, in which case the full name shall be called. If there are two members with the same name and surname, their legislative districts shall be added. Any member who, at the time the Secretary to the Sanggunian calls the roll is not inside the Session Hall shall be marked “Absent” and even if he/she appears after the roll call, he/she shall not be discharged until he/she states and explains the justifiable reason/s for his/her discharge. In this case, the Presiding Officer shall, at his/her discretion, order his/her discharge and direct the Secretary to the Sanggunian to change his/her status from “Absent” to “Present” with an indication that he/she is “Late”.
SECTION 46. QUORUM. - A majority of all the members of the Sanggunian who have been elected and qualified (Sec. 53a, RA 7610) shall constitute a quorum to do business.
SECTION 47. ABSENCE OF QUORUM. - In the absence of a quorum after the roll call, the members present may compel the attendance of absent members. In all calls of the Sanggunian, the doors shall be closed. Except those whose attendance are excused, the absentees, by order of a majority of those present, shall be sent for and arrested wherever they may be found and conducted to the Session Hall in custody in order to secure their attendance at the session. The order shall be executed by the Sergeant-At-Arms and by such officers as the Presiding Officer may designate. After the presence of the members arrested is secured at the Session Hall, the Presiding Officer shall determine the condition for their discharge. Members who voluntarily appear shall be admitted immediately to the Session Hall. They shall report to the Secretary to the Sanggunian to have their presence recorded.
If there is still no quorum despite the enforcement of the immediately preceding paragraph, no business shall be transacted. The Presiding Officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
SECTION 48. AUTOMATIC CALL OF THE SANGGUNIAN. - When the result of the voting on a question shows the absence of a quorum and a member calls the attention of the Sanggunian to this fact, there shall be a call of the Sanggunian to compel attendance of absent members who shall be given the opportunity to vote unless it adjourns. Should a question of quorum be raised during a session, the Presiding Officer shall immediately proceed to call the roll of the members and thereafter announce the results.
If those voting on the question and those who are present but abstain from voting shall together make a majority of the Sanggunian, the Presiding Officer shall declare that a quorum is constituted, and the pending questions shall be resolved, as the majority of those voting shall decide. Thereupon, further procedure under the call shall be dispensed with.
SECTION 49. MOTION TO ADJOURN VACATES CALL. - At any time after the roll call is completed, a motion to adjourn shall be in order and, if approved, by a majority of those present, all proceedings under the preceding section shall be vacated.
ORDER OF BUSINESS
SECTION 50. ORDER OF BUSINESS. - The Order of Business of the session shall be:
- a) Roll Call;
- b) Approval of the Journal of the previous session;
- c) First reading and referral to committees of proposed ordinances, resolutions, messages, communications, petitions and memorials;
- d) Committee reports;
- e) Unfinished business;
- f) Business for the day;
- g) Proposed ordinances for third reading.
SECTION 51. PARTS OF CALENDAR. - The calendar shall consist of:
- (a) Unfinished Business. – This is business being considered by the Sanggunian at the time of its last adjournment. Its consideration shall be resumed until it is disposed of. Thereafter, the Presiding Officer shall call for the business for the day.
(b) Business for the Day. - These are proposed ordinances, resolutions and other measures set on the calendar for the day by the Committee on Rules, Privileges, Laws & Ordinances. They shall be considered in the order in which they are listed in the calendar and after the business mentioned in the preceding paragraph.
(c) Proposed Ordinances. - Proposed Ordinances shall be submitted to a final vote of those in favor and opposed as provided for in Section 83 of these Rules after copies thereof in final form have been distributed to the members of the Sanggunian at least three days prior to their passage, except when the City Mayor certifies to the necessity of their immediate enactment to meet a public calamity or emergency.
SECTION 52. DISTRIBUTION OF CALENDAR. - The Calendar shall be distributed each day of session unless there is no addition to the one previously distributed, in which case a note to this effect on the order of business shall be sufficient.
SECTION 53. PRIVILEGE HOUR. - After the reading of the order of business, there shall be a privilege hour. Any member may speak FOR NOT MORE THAN TEN (10) MINUTES on any matter of general interest. If more than one member desires to make use of this privilege, the first to apply, either in writing in the office of the Secretary to the Sanggunian or verbally in open session, shall be given precedence. Any member who avails of the privilege hour may be interpellated at the end of his/her speech by the other members but he/she may or may not answer the questions propounded if he/she so desires; provided that the period of interpellation shall not exceed ten minutes to give time to the other speaker/s. If, after a member has finished, sufficient time is left of the hour, the second member who has asked to speak may do so, and so on successively until the full hour is consumed. If requests to make use of the one-hour privilege remain recorded at the expiration of the hour, they shall be recorded in the same order for the next session.
SECTION 54. REFERRAL. - On motion of any member after the privilege hour, the privilege speech may be referred to the appropriate Committee. Once the motion to refer has been approved, it cannot be discussed any further on the floor.
APPEARANCE OF HEAD OF DEPARTMENT
SECTION 55. APPEARANCE UPON INITIATIVE OF DEPARTMENT HEAD. - When a department head desires to appear before the Sanggunian on any matter pertaining to his/her department, he/she may, with the consent of the City Mayor, notify the Sanggunian through the Presiding Officer who, with the concurrence of the Sanggunian, may set the date and hour for his/her appearance.
SECTION 56. APPEARANCE UPON REQUEST OF THE SANGGUNIAN. - A department head or any person may by majority vote of the members present there being a quorum, be requested to appear before the Sanggunian and be heard by it on any matter pertaining to his/her department or on any issue of general interest. The request shall state specifically the questions to be answered and the date and hour for his/her appearance. His/her appearance shall be scheduled at least three days from receipt of the request. The Sanggunian may also conduct inquiries in aid of legislation on any matter of general interest in accordance with these Rules and/or Rules of Procedure it may adopt governing the conduct of said inquiries.
The order of business shall specify the subject of the question, the Department Head requested to answer them and the proponent thereof.
SECTION 57. DAY OF APPEARANCE. - The appearance of Department Heads shall be scheduled on any session and on such other day as may be determined by the Presiding Officer or a majority of the members of the Sanggunian after the reading of the Order of Business. The Department Head may answer the questions directed to him/her either orally or in writing. Interpellations of members shall not be limited to the written questions but may cover matters related thereto. Such interpellations shall conform to the standards for questions herein provided. The questions and answers shall be recorded in the Journal.
SECTION 58. APPEARANCE IN EXECUTIVE SESSION. The Appearance of a Department Head shall be conducted in an executive session when public interest requires and the City Mayor so states in writing.
SECTION 59. QUESTIONS. - Written questions shall be submitted to the Presiding Officer in triplicate. Questions of an urgent nature or those relating to current issues shall be given priority.
Questions may be withdrawn by the proponent: Provided, That no answer has yet been made. The withdrawal shall be in writing, addressed to the Presiding Officer, and submitted before the day of the scheduled appearance.
SECTION 60. STANDARDS SET FOR QUESTIONS. - Questions shall be based on facts, asked to obtain information or press for action. No questions shall:
- (a) Contain arguments;
- (b) Suggest its own answer;
- (c) Include offensive or unparliamentary language or expressions;
- (d) Pertain to subjudice matters;
- (e) Seek an opinion on a question of law;
- (f) Include names or statements other than what is strictly necessary to make the question intelligible;
- (g) Relate to matters falling directly under the responsibility of another Department Head;
- (h) Refer to an item of the agenda of the current month’s session or to proceedings of a committee not yet reported, or suggest amendments to proposed ordinances or resolutions; or
- (i) Repeat a question previously asked and answered.
SECTION 61. FORM OF QUESTIONS AND ANSWERS. - In form, questions and answers of excessive length are not in order and shall not be allowed.
SECTION 62. WRITTEN QUESTIONS NOT CONFORMING WITH STANDARDS. If the question does not conform with the foregoing standards, the Presiding Officer may return the question to the member concerned and the latter may modify or restate the question to make it conform with the said standards or appeal the action of the Presiding Officer to the Sanggunian. Said appeal shall be resolved like all other appeals from the ruling of the Presiding Officer.
SECTION 63. CLASSIFICATION AND DISPOSITION OF QUESTIONS. - Questions may be classified according to the order of priority laid down in Section 50 hereof and grouped together by subject matter by the Presiding Officer who shall decide the order in which the said questions are to be dealt with.
During the appearance of the Department Head, the Presiding Officer shall direct the Secretary to the Sanggunian to read the questions according to their precedence, the name of the proponent and the Department Head to whom the question is directed.
SECTION 64. STANDARDS SET FOR ANSWER. - Answers shall immediately relate to the questions propounded, without need for discussing general policies or programs. They shall be concise and responsive, and shall avoid argumentation. They shall conform to the standards set for questions, where these are applicable.
SECTION 65. INTERPELLATIONS AND COMMENTS OF PROPONENTS OF ORIGINAL QUESTIONS. - At the end of each question hour, it shall be in order for any proponent of the original questions to interpellate the Department Head concerned and make comments, observations and statements relative to the answers given and to be interpellated by the Department Head concerned. Immediately thereafter, the Department Head concerned may make a reply. The interpellations and comments of the proponent and the reply of the Department Head shall be subject to the ten-minute rule.
No interpellation from other members shall be allowed on the reply of the Department Head. Only the proponent of the question shall have the right to debate thereon with the Department Head.
The order of interpellations and comments shall be in the same order the original questions were asked.
PROPOSED ORDINANCES, RESOLUTIONS,
MESSAGES, MEMORIALS AND PETITIONS
SECTION 66. ORDINANCES AND RESOLUTIONS. - Proposed ordinances and resolutions shall be signed by their author or authors and filed with the Secretary to the Sanggunian, who shall assign to each a number. A proposed ordinance or joint resolution shall embrace only one subject, which shall be expressed in the title thereof. The proponent or author of a proposed ordinance or resolution shall be considered as member of the committee, upon which the proposed measure falls but shall not be allowed to vote in committee hearing or deliberation.
SECTION 67. FIRST READING. - The Secretary to the Sanggunian shall report all proposed ordinances and resolutions to the Sanggunian for first reading within three days from receipt thereof copy furnished the Committee on Rules, Privileges, Laws & Ordinances.
During the first reading, the principal author may propose the inclusion of additional authors by submitting a list of such authors to the Secretary to the Sanggunian.
SECTION 68. REFERRAL TO COMMITTEE. - The first reading shall only be by number, title and author, followed by referral to the appropriate committees.
SECTION 69. CONSOLIDATION OR SUBSTITUTION. - A consolidated or substitute proposed ordinance or resolution by a committee shall have as authors the first two authors of the original proposed ordinance or resolution in the order in which their names appear in the latter and accordingly to their dates of filing. The rest of the authors shall thereafter be enumerated in the same order.
SECTION 70. REPORT. - No ordinance or resolution shall be considered on second reading in any regular session unless it has been reported out by the proper committee to which it was referred, or certified as urgent by the City Mayor.
SECTION 71. PERIOD TO REPORT. - The committee shall submit a report on the proposed ordinance or resolution within thirty days after it is referred to it, except as herein otherwise provided.
SECTION 72. ORDINANCE OR RESOLUTION FAVORABLY REPORTED. - If the committee report on a proposed ordinance or resolution is favorable, the proposed ordinance or resolution shall be forwarded to the Committee on Rules, Privileges, Laws & Ordinances which shall then review and calendar the proposed ordinance or resolution for second reading. For this purpose, and to expedite the review and calendaring of proposed resolutions or ordinances for second reading as well as for the Committee on Rules, Privileges, Laws & Ordinances to conduct business, the presence of the Chair, Vice-Chair, or any member of the committee shall suffice.
SECTION 73. ORDINANCE OR RESOLUTION UNFAVORABLY REPORTED. - If the committee report on a proposed ordinance or resolution is unfavorable, the proposed ordinance or resolution shall be laid on the table. The author or authors shall be notified within ten days of the action, stating the reason or reasons thereof.
SECTION 74. DISCHARGE OF COMMITTEE ON PROPOSED ORDINANCES NOT REPORTED. - A member may present to the Secretary to the Sanggunian a motion in writing to discharge a committee from the consideration of a proposed ordinance which has been referred to it over thirty days prior thereto and has not been returned to the Sanggunian. The motion may be placed in the custody of the Secretary to the Sanggunian who shall arrange some convenient place for the signature of members. A signature may be withdrawn by a member in writing at any time before the motion is entered in the Journal. When one-fifth of all the members sign the motion, it shall be included in the calendar and reported at the next following session of the Sanggunian.
SECTION 75. CONSIDERATION OF MOTION TO DISCHARGE. - After the privilege hour, any member who has signed a motion to discharge may demand the consideration thereof. After not more than thirty minutes of debate, the Sanggunian shall proceed to vote on the motion.
If the motion adopted refers to a proposed ordinance or resolution, a motion shall be in order to proceed to the immediate consideration of such proposed ordinance or resolution; and, if such motion prevails, the proposed ordinance or resolution shall be considered immediately.
After a motion to discharge is lost, it shall not be in order to entertain during the same session year any other motion to discharge the same committee or any other committee from the consideration of the same proposed ordinance or resolution of substantially the same subject matter. After the Sanggunian acts on the motion to discharge, all other motions to discharge dealing on proposed ordinance or resolution of similar subject matter which are pending in the calendar of business shall be stricken therefrom and shall not be acted upon during the remainder of the same session year.
SECTION 76. URGENT ORDINANCES AND RESOLUTIONS. - On motion by the Committee on Rules, Privileges, Laws & Ordinances, the Sanggunian may declare urgent a proposed ordinance or joint resolution and consider it in accordance with a timetable.
The timetable shall be prepared by the Committee on Rules, Privileges, Laws & Ordinances, fixing the date when the proposed ordinance or resolution must be reported by the committee concerned, the number of days or hours to be allotted to the consideration of the proposed ordinance or resolution on second reading, and the date and hour debate must be concluded and final vote taken.
SECTION 77. SECOND READING AND DEBATE. - On second reading of a proposed ordinance it shall be read in full with the amendments proposed by the committee, if any, unless copies thereof are distributed and such reading is dispensed with. Thereafter, the proposed ordinance shall be subject to debate and pertinent motions.
SECTION 78. MOTION TO CLOSE DEBATE. - In the discussion of any measure, a motion to close debate shall be in order after three speeches for and two against, or after only one speech for and none entered against.
During the last fifteen days before adjournment, a motion to close debate shall be in order after two speeches for and one against, or after only one speech for and none entered against.
SECTION 79. CLOSURE. - When several members register or signify their intention to speak on the matter under consideration and when the matter is sufficiently and thoroughly discussed by the member speaking, the Presiding Officer may, motu proprio or upon motion of a member, order that a member having the floor desist from speaking further so that other members may not be deprived of their opportunity to speak.
SECTION 80. AMENDMENTS. - After the close of debate, the Sanggunian shall proceed to the consideration of committee amendments subject to the five-minute rule. A member who desires to speak an amendment shall also have five minutes.
The five-minute rule shall apply, likewise, in the consideration of an amendment to an amendment, or of an amendment by substitution.
SECTION 81. APPROVAL OF PROPOSED ORDINANCE ON SECOND READING. - After the amendments are acted upon, the proposed ordinance shall be voted on second reading.
SECTION 82. THIRD READING. - A proposed ordinance approved on second reading shall be returned to the Secretary to the Sanggunian for finalization and then forwarded to the Committee on Rules, Privileges, Laws & Ordinances for review and thereafter included in the calendar of proposed ordinance or resolution for third reading.
No proposed ordinance shall become a law unless it passes three readings on separate days, and printed copies thereof in its final form are distributed to the members three days before its passage, except when the City Mayor certified to the necessity of its immediate enactment to meet a public calamity or emergency. On the third reading of a proposed ordinance, no amendment thereto shall be allowed. The vote thereon shall be taken immediately, and the votes of in favor and opposed entered in the Journal.
No proposed ordinance requiring appropriation of public funds shall be passed without a Certification duly issued for the purpose by the City Treasurer certifying that the corresponding funds therefor are available. In the case of the proposed Annual Budget of the City Government, all the departments or offices shall be required to submit to the Sanggunian their respective Accomplishment Report for the preceding year containing, among others, their accomplishments versus their targets and a statement of their expenditures versus their approved budgets before passage of the same shall be allowed.
SECTION 83. ACTION BY THE CITY MAYOR. - Every proposed ordinance passed by Sanggunian shall, before it becomes a law, be presented to the City Mayor. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the Sanggunian within ten (10) days after receipt thereof; otherwise, it shall become a law as if he had signed it.
SECTION 84. PROCEDURE OF VETOED ORDINANCES. - If the City Mayor vetoes an ordinance or any part thereof, the Sanggunian shall record the objections of the City Mayor in the Journal and shall proceed to reconsider the proposed ordinance or item vetoed.
During reconsideration, the Sanggunian shall proceed to vote by those in favor or opposed with the names of the members voting recorded in the Journal. If the proposed ordinance or vetoed item is passed by a vote of two-thirds of all members of the Sanggunian, such proposed ordinance or item shall become a law.
SECTION 85. Procedure for Resolution. - Resolutions shall be subject to the same procedure as proposed ordinance regarding introduction, reference to the appropriate committee and consideration: Provided, That the Committee on Rules, Privileges, Laws & Ordinances may, for reasons of urgency, calendar for immediate consideration any resolution.
SECTION 86. MESSAGES. - Messages from the City Mayor shall be read in full before the Sanggunian, and those in which any recommendations are made shall be referred to the proper committees.
SECTION 87. MEMORIALS AND PETITIONS. - Communications from heads of department, memorials and petitions shall be reported to the Sanggunian and, if necessary, referred to the proper committees.
DECORUM AND DEBATE
SECTION 88. MANNER OF ADDRESSING THE CHAIR. When a member desires to speak, he/she shall raise his/her hand or approach the Floor Leader for recognition who shall then address the chair to recognize the member concerned. When he/she is recognized, he shall then rise and respectfully address the Chair “Mr. President”.
SECTION 89. RECOGNITION OF MEMBER. - When two or more members rise at the same time, the Presiding Officer shall recognize the member who is to speak first. The Presiding Officer, at his/her discretion, may or may not recognize any member who came in late for the session without any justifiable reason or who is not properly attired in accordance with these Rules.
SECTION 90. TIME LIMIT. - No member shall speak more than TEN minutes in debate on any question nor more than once on any question without leave of the Sanggunian.
SECTION 91. SPONSOR TO OPEN AND CLOSE DEBATE. - The member reporting a measure may open and close the debate. If the debate extends beyond one session without debate being closed, he/she shall be entitled to an additional thirty minutes to close.
SECTION 92. DECORUM. - The member who has the floor shall confine himself/herself to the question under debate, avoiding personalities in all cases. He/She shall refrain from indecorous words or acts in all his/her remarks and speeches. If he/she persists, the Presiding Officer shall order him/her to desist from speaking and direct the Sergeant-At-Arms to escort the member concerned outside the Session Hall. Until he/she conducts himself/herself according to the Rules, he/she will not be allowed to go inside the Session Hall. The Presiding Officer may motu proprio, or as the Sanggunian may direct, order such unparliamentary statements, remarks or words stricken off the record.
If a member is called to order by another for words spoken in debate, the latter shall indicate the words excepted to. The Secretary to the Sanggunian shall note and read aloud-said words. However, the member called to order shall not be held to answer nor be subject to censure by the Sanggunian if further debate or other business intervenes.
SECTION 93. CONDUCT DURING SESSIONS. - During the session, all the members of the Sanggunian shall be in proper attire and observe decorum. The proper attire shall be either long sleeves Barong, coat and tie or long sleeves polo shirt with tie for men, and Barong Filipina or formal dress for women members. For sessions outside the Sanggunian building, the use of comfortable attires as long as presentable shall be allowed.
No member shall be near the desk of the Secretary to the Sanggunian during the roll call or the counting of votes.
No member shall pass between the Chair and another member who has the floor.
Except when the Presiding Officer is addressing the Sanggunian or putting a question, any member shall, with prior consent of the Floor Leader, be allowed to stand to confer with any or other members of the Sanggunian or to go out of the Session Hall for personal reasons and urgent matters. The use of cellular phones inside the Session Hall is absolutely prohibited. The reading of newspapers and magazines inside the Session Hall is not also allowed except when it is connected to or is the subject matter of the deliberation.
SECTION 94. FIREARM AND SMOKING PROHIBITED. - Carrying of firearms or smoking by any member or person is absolutely prohibited within and inside the Session Hall. The Sergeant-At-Arms shall ensure that this is enforced at all times.
SECTION 95. MANNER OF VOTING. The Presiding Officer shall rise to put a question saying “As many as are in favor (as the question may be), shall raise their right hand, and, after the affirmative vote is counted, “As many as are opposed, shall do the same after which the negative vote is counted.
If the Presiding Officer doubts the outcome or a division is called for, the Sanggunian shall divide. Those in favor shall first rise and then those against. The affirmative and negative votes as well as the names of the members voting shall be taken down by the Secretary to the Sanggunian and the Presiding Officer shall then state the result to the Body.
An abstention shall not be counted as a vote. Unless otherwise provided by these rules, a majority of those voting, a quorum being present, shall decide the issue. No motion except on the presence of a quorum shall be entertained during voting or any matter.
SECTION 96. NOMINAL VOTING. - The voting for or against on any question shall, at the request of one-fifth of the members present, be entered in the Journal.
SECTION 97. SECOND CALL ON NOMINAL VOTING. - After the members have voted for or against in nominal voting, the Secretary to the Sanggunian shall call in alphabetical order the names of those who did not vote so that they may vote. After the second call, no member shall be allowed to vote.
SECTION 98. EXPLANATION OF VOTE. - A member may explain his vote in not more than three minutes.
SECTION 99. NO INTERRUPTION DURING VOTING; EXCEPTION. - The voting shall not be interrupted except on a question of quorum.
SECTION 100. TIE VOTE. - In case of a tie, the Presiding Officer shall vote. A tie on an appeal from the ruling of the Chair sustains the decision of the Chair. A vote of unanimity shall be entered if there is no objection from the members there being a quorum.
SECTION 101. WHO MAY VOTE; PROCEDURE; EXCEPTIONS. - When a proposed ordinance or resolution, report or motion is adopted or lost, a member who voted with the majority may move for its reconsideration on the same or succeeding session day. The motion shall take precedence over all other questions, except a motion to adjourn a question of privilege, and a point of order.
SECTION 102. LIMITATIONS. - No proposed ordinance, resolution, memorial or petition recommitted to a committee or ordered to be printed shall be brought back to the Sanggunian on a motion to reconsider.
MOTIONS AND THEIR PRECEDENCE
SECTION 103. RECORDING OF MOTION. - Every motion shall be entered in the Journal with the name of the member making it unless it is withdrawn on the same day.
SECTION 104. READING AND WITHDRAWAL OF MOTIONS. - The Presiding Officer shall state the motion or, if in writing, shall cause it to be read by the Secretary to the Sanggunian before being debated. A motion may be withdrawn any time before its approval.
SECTION 105. PRECEDENCE OF MOTIONS. - When any matter is under debate, no motion shall be entertained except to adjourn, raise a point of order, raise a question of privilege, declare a recess, lay on the table or postpone to a day certain (which motions shall be decided without debate), or to refer, amend or postpone indefinitely (which motions shall be decided subject to the five-minute rule). Said motions shall have precedence in the foregoing order. After a motion to postpone to any day certain, refer to postpone indefinitely is lost, it shall not again be allowed on the same day.
SECTION 106. AMENDMENTS. - When any matter is under consideration, a motion to amend and a further motion to amend the amendatory motion shall be in order.
It shall also be in order to move for amendment by substitution, but said motion shall not be voted upon until the text of the original matter is perfected.
Any of said amendments may be withdrawn before a vote is had thereon.
SECTION 107. RIDER PROHIBITED. No motion or proposition on a subject matter different from that under consideration shall be allowed under the guise of amendment.
SECTION 108. ONE MOTION FOR ONE SUBJECT MATTER. - No motion shall cover more than one subject matter.
SECTION 109. MOTION TO STRIKE AND INSERT. - A motion to strike and insert is indivisible. The loss of a pure motion to strike shall not preclude an amendment or a motion to strike and insert.
SECTION 110. AMENDMENT OF TITLE. - Amendments to the title of a proposed ordinance or resolution shall be in order only after the text thereof has been perfected. Amendments to the title shall be decided without debate.
SECTION 111. VOTE ON PAPER OBJECTED TO. A motion to read a paper other than that which the Sanggunian is called to vote upon shall be voted without debate.
SECTION 112. POINT OF ORDER; PRECEDENCE. - A motion to read any part of the rules is equivalent to a point or order and takes precedence over any motion other than to adjourn.
QUESTIONS OF PRIVILEGE
SECTION 113. DEFINITION. - Questions of privilege are those affecting the duties, conduct, rights, privileges, dignity, integrity or reputation of the Sanggunian or of its members, collectively or individually.
SECTION 114. PRECEDENCE. - Subject to the ten-minute rule, questions of privilege shall have precedence over all other questions, except a motion to adjourn and a point of order.
SECTION 115. DEFINITION AND PRECEDENCE. - A privileged motion pertains to a subject matter, which, under the rules, takes precedence over others.
The order of precedence of privilege motions is determined in each case by the Rules.
SUSPENSION OF THE RULES
SECTION 116. WHO CAN MOVE. - Only the Chairperson, Vice-Chairperson, Members of the Committee on Rules, Privileges, Laws & Ordinances or the Floor Leader in his capacity as Ex-Officio member of the said committee can move for the suspension of the rules.
SECTION 117. VOTE REQUIRED. - No rule shall be suspended except by a vote of majority of all the members of the Sanggunian.
SECTION 118. LIMITATIONS - Only proposed Resolutions that are urgent, may be considered during the suspension of the rules.
A proposed Resolution is urgent if the consideration of the same demands immediate attention where time is of the essence.
SECTION 119. URGENT ORDINANCES - Unless the City Mayor or, in the case of proposed ordinances for the temporary closure to motor traffic of City Streets, roads or highways or portions thereof, the City Vice Mayor has certified to the necessity of its immediate enactment, no proposed Ordinance shall be considered during the suspension of the Rules. ( Amended by Res. No. 2621-06, series of 2006, on July 18, 2006)
SECTION 120. PROCEDURE - a. Proposed resolutions for consideration under suspended rules shall be made in writing and duly signed by their author or authors and submitted to the Floor Leader, copies of which shall be furnished to all the members present;
b. The Floor Leader shall determine whether the proposed resolution is urgent which shall be then considered when the Rules are suspended. Should the Floor Leader determine that the consideration of the proposed resolution is not urgent, but the proponent insists otherwise, the Floor Leader shall immediately have the question of whether or not the consideration of the proposed resolution is urgent submitted, which question shall immediately be decided without debate by a majority vote, there being two-thirds of all the members present constituting a quorum;
c. Before the question is voted upon, however, the proponent may be allowed within an unextendible period of three (3) minutes to defend the urgency of the consideration of the proposed measure.
SECTION 121. INTERRUPTION OF MOTION. - When a motion to suspend the rules is pending, one motion to adjourn may be entertained. If the latter is lost, no similar motion shall be entertained until the vote is taken on the motion to suspend.
SECTION 122. DEBATE; EFFECT OF SUSPENSION. - A motion to suspend the rules for the passage of a measure may be debated for thirty minutes, which shall be divided equally between those in favor and those against.
If the Sanggunian votes to suspend the rules, it shall forthwith proceed to consider the measure. A majority vote of all the members of the Sanggunian shall be necessary for the passage of said measure.
SECTION 123. DISCIPLINE OF MEMBERS. - Upon recommendation of the Committee on Ethics and Good Government, the Sanggunian may punish its members for disorderly behavior or for absences without justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session.
SECTION 124. RESUMPTION OF UNFINISHED BUSINESS. - The unfinished business at the end of a session shall be resumed at the commencement of the next session as if no adjournment has taken place.
All pending matters and proceedings shall terminate upon the expiration of the term of the Sanggunian and the records pertaining thereto delivered to the Archives within fifteen days after such expiration.
SECTION 125. DELIVERY OF PAPERS TO ARCHIVES. - All papers and records relating to the completed business of the Sanggunian shall be delivered to, kept by and preserved in the Archives.
SECTION 126. DUTY OF SECRETARIES OF COMMITTEES. - Secretaries of committees or their equivalent personnel shall, within seven days after the enactment of ordinances or joint resolutions, and fifteen days after final adjournment of the Sanggunian, deliver to the archives all ordinances, resolutions, petitions and other papers referred to their respective committees together with the records of proceedings, reports of investigations conducted, and all evidence taken by such committees.
If the secretary of a committee fails or neglect to comply with this rule, the Secretary to the Sanggunian shall, within seven days thereafter, take into custody all such papers. Disciplinary action may be taken against the erring employee.
SECTION 127. RECORDS AND BOOKS OPEN TO PUBLIC. - The records and books of accounts of the Sanggunian shall be preserved and be open to the public in accordance with law, and such books shall be available for audit by the Commission on Audit.
SECTION 128. USE OF SESSION HALL. - Except when the Sanggunian or the Presiding Officer so allows, the Session Hall shall be used only for sessions, caucuses, and meetings of its members. The Sergeant-At-Arms shall not permit any other person to enter or stay within the said place. Fifteen minutes before the session, the Sergeant-At-Arms shall clear said space of all other persons, and it shall be so kept until recess or adjournment except with respect to a consultant or a technical assistant needed by the reporting committee or by the movant of a motion under consideration.
SEATS AND ROOMS
SECTION 129. ASSIGNMENT OF SEATS AND ROOMS; BY LOT. - Except those assigned to the Floor Leader and his assistant, seats in the session hall and rooms in the Sanggunian building shall be assigned by lot among the members.
SECTION 130. OFFICIAL SEAL. - The Sanggunian shall adopt its own official seal.
RULINGS AS PRECEDENTS
SECTION 131. RULINGS AS PRECEDENTS. - Rulings on questions raised by members shall form part of the parliamentary practice of the Sanggunian.
SECTION 132. AMENDMENTS. Any portion of these Rules may be amended by a majority vote of all the members of the Sanggunian.
SECTION 133. SUPPLETORY PROVISIONS. - The parliamentary practices of the Philippine Assembly, the House of Representatives, the Senate of the Philippines and the Batasang Pambansa; Republic Act No. 7160 (The Local Government Code of 1991); Republic Act No. 4354 (City Charter of Davao); the old Rules of the Sangguniang Panlungsod and the Robert’s Rules of Order shall be suppletory to these rules.
ADOPTION AND EFFECTIVITY
SECTION 134. ADOPTION. These Rules shall be adopted by the 14th Council upon approval by majority vote of the members of the Sanggunian, after which the Sanggunian shall immediately reorganize as called for by Section 24 of these Rules.
SECTION 135. EFFECTIVITY. - These rules shall take effect on the date of their adoption.
ADOPTED, May 26, 2006 by a unanimous vote of all the members of the Sanggunian.
(Note: Councilors Wilberto E. Al-ag and Arnolfo Ricardo B. Cabling were out when the resolution was approved.)
(SGD) LOLITA C. GARCIA
Secretary to the Sangguniang Panlungsod
(City Government Department Head II)
(SGD) JIMMY G. DUREZA
President Pro Tempore
Acting Presiding Officer