26th SANGGUNIANG PANLALAWIGAN
(2019-2022)

APPROVED INTERNAL RULES OF PROCEDURES

Statement of Policy. It shall be the policy under Sec. 50 of R.A 7160 on the first regular session within 90 days adopt and update the internal rules of procedures of the Sangguniang Panlalawigan, the legislative arm of the Provincial Government, to provide quality legislation responsive to the needs of the constituency, through the enactment and adoption of ordinances and resolutions and conducive to the general welfare of the province and to adopt measures that will strengthen regulatory powers of the provincial offices and agencies to promote effective and efficient governance.

The Composition. The composition of the Sangguniang Panlalawigan is in accordance with Section 467 of Republic Act 7160, otherwise known as the Local Government Code of 1991.

Powers, Duties and Functions. The powers, duties and functions of the Sangguniang Panlalawigan shall be in accordance with Section 468 of Republic Act 7160.

RULE I
THE MEMBER

Section 1 – The regular members elected by districts of the Sangguniang Panlalawigan shall assume office for a term of three (3) years starting at noon of June 30 of the year of their election and shall hold the same until their successors shall have been duly chosen and qualified. They shall on the day and time fixed by ordinance, meet at the designated place for the holding of the sessions of the Sanggunian.

Other than the elected regular members of the Sanggunian, the President of the League of the Sangguniang Members of the Municipalities as well as the President of the Liga ng mga Barangay (FABC), President of the Philippine Councilors League (PCL) and the Federasyon ng mga Sangguniang Kabataan and Indigenous People Mandatory Representative (IPMR) elected by their respective chapter shall serve as ex-officio members of the Sangguniang Panlalawigan and proceed to do business forthwith.

In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the Sanggunian.

Section 2 – The Members of the Sanggunian shall take their Oath of Affirmation collectively or individually, before they enter into the exercise of their powers and or the performance or discharge of their functions and duties. The Presiding Officer shall take his Oath of Affirmation before the Secretary to the Sangguniang Panlalawigan and the Oath of Affirmation of the Members of the Sangguniang Panlalawigan shall be administered by the Presiding Officer.

Section 3 – The Sanggunian may punish its Members for disorderly behavior, or an absence without justifiable cause for four (4) consecutive meetings, for which they may be censured, reprimanded or excluded from the session hall, or, with the concurrence of at least two-thirds of all the members of the Sanggunian be suspended for not more than sixty (60) days or expelled by order of the proper court; Provided, further, that a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian by order of the competent court.

Apart from disorderly behavior and absences, local elective officials may be disciplined, suspended or removed from office on any of the grounds provided in Section 60 of R.A. 7160.

Section 4 – Every member shall be present in the session hall of the Sanggunian during its sessions unless expressly excused by it or necessarily prevented from doing so by reason of sickness duly reported to the Sanggunian, through the Presiding Officer or the Secretary.

Section 5 – Every member shall participate in the exercise of the powers vested in, and in performing the duties imposed upon the Sanggunian as a Body, and shall represent the interest of the people of the entire province.

RULE II
THE PRESIDING OFFICER

Section 1 – The Provincial Vice Governor shall be the Chairman and Presiding Officer of the Sanggunian and, as such, shall have the following rights and duties:

a. To preside over the session of the Sangguniang Panlalawigan.
b. To preserve order and decorum during the session and to exact from all present due respect and proper deportment, prevent disturbance and disorder and to order the session hall cleared of any person behaving improperly.
c. To decide all questions or order, subject to appeal by any member.
d. To sign all ordinances, resolutions, orders, proceedings, and warrants issued by order of the Sanggunian.
e. To declare the session adjourned to some other time or place in case of serious disorder or great emergency.

Section 2 – The Presiding Officer shall assist expediting the business of the Sanggunian and shall, for this purpose, be permitted to make brief remarks on matters pertaining to pending debatable question without expressing for or against said questions.

Section 3 – The Presiding Officer being present, may designate a member to preside temporarily a portion of the proceedings to enable the former to participate in the deliberations or simply to vacate the chair briefly for some reason which shall however be limited only upon the attainment of the purpose for which the temporary relinquishment was made.

Section 4 – As Presiding Officer, he is entitled to vote but only to break a tie.

Section 5 – In the event of the inability of the regular Presiding Officer to preside at the Sanggunian session, the Members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He or she shall certify to the passage of ordinance and resolution within ten (10) days from the enactment or adoption thereof at the session over which he or she temporarily presided. The Temporary Presiding Officer shall preside only on the session for which he was elected.

Section 6 – As Provincial Vice Governor, he shall exercise such other statutory powers and duties provided in Section 466 of R.A. 7160 and such other applicable laws.

RULE III
THE SECRETARY

Section 1 – There shall be Secretary of the Sanggunian and herein referred to as the Provincial Secretary. He shall keep his office in the building where the Sanggunian meets or some other convenient place as the Sanggunian may direct.

Section 2 – The Provincial Secretary shall have the following duties and responsibilities:

a. To attend the sessions of the Sanggunian and to keep the journal and minutes of its proceedings.
b. To call the roll of the Members, read the calendar of business and the minutes of the preceding session and by himself or through a reader designated by the Presiding Officer to read the proposed ordinances and resolutions, messages, communications, memorials, petitions and other documents which he should report to the Body or the reading which is required by the Sanggunian or ordered by the Presiding Officer.
c. 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.
d. Keep the seal of the local government unit and affix the same with his signature to all ordinances, resolutions and other official acts of the Sanggunian and present the same to the Presiding Officer for his signature.
e. Forward to the Governor copies of ordinances passed by the Sanggunian and duly certified by the Presiding Officer in the manner provided in Section 54 of R.A. 7160.
f. Notify the committees of their appointment or creation, transmit to the proper committees all matters referred to them by the Sanggunian which they are entitled to receive and when authorized by the Presiding Officer, furnish upon request of any appropriate notices of all called committee meetings and public hearings.
g. Furnish each member of the Sanggunian with a copy of every approved ordinances, resolutions and other official acts of the Sanggunian which they are entitled to receive and when authorized by the Presiding Officer, furnish upon request of any interested party, certified copies of records of public character in his custody, upon payment of such fees as follows:

1. P100.00 for the first 10 pages per document and in addition P5.00/page in excess thereof (double space) for every copy of excerpts of the minutes and other documents.

h. Keep his office and all non-confidential records therein open to the public during the usual business hours.
i. Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval and cause the publication of the same together with the original version in the manner provided by law.
j. Assume custody of the local archives and where applicable, the local library and annually account for the same.
k. Transmit official copies of approved ordinances with the penal sanctions to the chief executive or the Official Gazette in the manner provided by law.
l. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position.

Section 3 – If the Secretary is absent or hindered by physical reasons to perform some of his duties, such as reading the minutes, resolutions, ordinances, and other documents or papers, the same may be performed by some other person who may be designated for the purpose by the Presiding Officer.

Section 4 – The Secretary shall furnish the August Body the copy of the minutes in lieu of the journal of the preceding session.

RULE IV
COMMITTEES AND COMMITTEE REPORT

Section 1 – The Sanggunian shall create the following standing committees, the general jurisdiction of which shall be defined as herein stated:

(a) Committee on Rules and Privileges – All matters relating to the Internal Rules of Procedure of the Sangguniang Panlalawigan, creation and reorganization of standing committees.

(b) Committee on Laws, Labor & Manpower Development – All matters relating to penal ordinance, legality of donations, lease, loans, and other issues and concerns relating to labor and manpower, and other legal matters taken by or submitted to the Board.

(c) Committee on Appropriations – All matters relating to the annual and supplemental budgets; and appropriation of public funds; and in general pertaining to public expenditures and appropriation ordinance.

(d) Committee on Ways and Means, Trade & Industry – All matters relating to sources of revenues and/or, taxes and fees, issuance of franchise and other forms and sources of revenue; establishing and improving the financial capability and fiscal administration of the provincial government.
(e) Committee on Health; Women & Family– All matters relating to the welfare of women and family as well as health condition in the province; the services of provincial and district hospitals, rural health units; operation of drugstores in the effort to safeguard public health; and other health and sanitary measures.

(f) Committee on Education– All matters relating to the poverty alleviation programs and projects; education and culture, schools, colleges, and universities, libraries, museum, non-formal and community education; coordinate with Parents and Teachers Associations and school authorities in the province; help shape programs and policies that will contribute to upgrade and solving problems of schools.

(g) Committee on Poverty Alleviation & Social Reform- All matters relating to the disadvantaged sectors/persons, i.e.; paupers, physically disabled, victims of drug abuse, exploitation, and other similar matters referred to the attention of the Board; and promoting their alleviation and rehabilitation.

(h) Committee on Environmental Protection/ Climate Change Adaptation & Disaster Preparedness – All matters relating to the development and protection of the environment; natural resources to maintain a balanced and healthful ecosystem and climate change adaptation, disaster preparedness programs in the province.

(i) Committee on Barangay and Local Government – All matters relating in the developmental problems and purposes of the barangays and municipalities, as well as other matters relative to the improvement of their administration.

(j) Committee on Agriculture & Cooperatives – All matters relating to the development of cooperatives, agriculture lands, fishing industry, farmer’s organizations and the promotion of appropriate technologies, research, financing, production, marketing and other support services.

(k) Committee on Land Use & Human Settlement; Agrarian Reform– All matters relating to subdivisions conversion of lands, and in general land use, plans and zoning; sponsors measures that will set reasonable limits and restraints on the use of the property.

(l) Committee on Civil Service – All matters pertaining to personnel affairs, disciplinary measures, awards on employees, career position, standard qualification and other similar matters involving civil service and development of public officers and employees.

(m) Committee on Beautification and Tourism – All matters relating on the promotion of tourism and arts and cultural heritage; improvement and beautification of the surroundings; and development of spots in Bukidnon to promote tourism.

(n) Committee on Engineering and Public Works – All matters pertaining to infrastructure projects of the provincial government that are submitted to the Board and other similar public improvement projects.

(o) Committee on Peace and Order – All matters necessary in adopting measures to help curb criminality, lawlessness, subversion and all illegal acts that disrupt peace and order and safety.

(p) Committee on Youth and Sports Development – All matters relating to programs and activities for enhancement of the welfare of the youth through leadership training and promotion of sports activities and other matters for the general well-being of the youth.

(q) Committee on Indigenous Cultural Communities/Indigenous Peoples – All matters relating to the development and protection of the rights of the members of the Indigenous Cultural Communities in the province.

(r) Committee on Justice and Human Rights – All matters relating to human rights violation being brought to the attention of the Board with the aim of helping secure justice for the probable victim for the cause of civil, political and economic normalcy and stability.

(s) SPECIAL OVERSIGHT COMMITTEE (Good Government; Developmental Research, Plans & Programs; Enforcement of Laws and Ordinance) – All matters relating to complaints and cases involving public officials and employees brought to the Board for investigation and/or consideration and resolution. All matters pertaining to study and research of government developmental plans and programs; to handle and study all matters not referred to existing committee.

Section 2 – Each Committee shall be composed of a Chairman, a Vice Chairman and such numbers of members as may be determined by the Sanggunian, provided that the sectoral representatives shall ipso facto Chair of the Committees corresponding to their respective sectors. The President of the local chapter of the Liga Ng Mga Barangay shall similarly Chair the Committee on Barangay Affairs.

Section 3 – The Chairman and Presiding Officer shall be allowed to become a member of any regular committee and may be designated by the Body as Chairman of a Special Committee created for special purposes (as amended per Resolution No. 2014-659(12th SP).

Section 4 – No member of the Sanggunian shall be a Chairman or Vice Chairman of more than three, nor a member of more than seven regular committees except the Minority Floor Leader who shall be a member in every regular committee.

Section 5 – No members shall be elected to any committee which has jurisdiction over a matter regarding which such member has a direct personal or pecuniary interest.

Section 6 – The Committee shall meet at the call of their respective chairman or majority of their members, provided, due notice is served upon each member thereof.

Section 7 – A majority of the Members of the committee shall constitute a quorum to do business. Unexplained absences in three (3) successive committee meetings shall operate to relinquish membership therein.

Section 8 – When a vacancy occurs in a committee, the same shall be filled with a majority vote of all Members of the Sanggunian.

Section 9 – Any committee may request, through the Presiding Officer, the appearance before it of any official of the province over which the Sanggunian exercise jurisdiction. Any person may appear at a committee meeting and present his views on matters before it at such time as the committee may designate.

Section 10 – Ordinances requiring direct appropriation of public funds, if favourably reported by the committee to which it was initially committed by the Presiding Officer, shall be referred to the Committee on Appropriations, or its equivalent, for its action on so much of the proposed measures requiring appropriation of public funds.

Section 11 – All Committee shall report to the Sanggunian on every matter referred to them by the Presiding Officer. When a measures is referred to two or more regular committees, the committees concurred may submit a joint or a separate report thereon.

Section 12 – Committee Reports shall be adopted formally, securing signatures of committee member in lieu of a formal meeting is prohibited.

Section 13 – A Committee Member, unless he has entered his objections to the committee report or in lieu thereof, has filed with the Provincial Secretary his dissenting vote in writing before the report is submitted to the Body in open session shall be presumed to have concurred in the report and shall thus be precluded from opposing it on the floor.

Section 14 – A Committee, reporting out a proposed ordinance, shall submit a copy of its report and a copy of the proposed ordinance to the Committee on Rules and Privileges which shall calendar the same for second reading. Copies thereof shall be furnished every Sanggunian Member preparatory to its consideration on the floor.

Section 15 – A Committee, which has failed to submit a report on a particular question or for any similar reason, may be discharged by the Body from further consideration of said question and may; through the same motion, assign it to another committee or submit the questions to the Body for disposition.

Section 16 – Special committees may be created by the Sanggunian for special purposes and as need for them arises. They shall cease as soon as the Body shall have received their reports unless new assignments are given to them. They are subject to the same rules governing regular committees.

RULE V
SESSION

Section 1 – The Sanggunian shall hold its regular session every Tuesday of the week at 1:30 o’clock in the afternoon, at the Sangguniang Panlalawigan Session Hall. The Sanggunian may likewise hold its regular session on such other day, time and place upon written request of the Local Chief Executive or upon the majority vote of all its Members by giving written notice of it and serving it personally to each member or leaving a copy thereof with a member of his household at his usual place of residence or by email, Short Message Service (SMS), or other form of social media communication or radio communications at least three (3) days’ notice in advance and must state the day, time, place and purpose of the session.

Section 2 – Special Sessions may be held as the need for them arises. The Local Chief Executive or a majority of the Members of the Sanggunian may call a special session by giving written notice of it and serving it personally to each member or leaving a copy thereof with a member of his household at his usual place of residence or by email, Short Message Service (SMS), or other form of social media communication or radio communications at least twenty-four (24) hours and must state the day, time, place and purpose of the session. Unless otherwise agreed upon by two-thirds (2/3) 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.

SESSIONS, WHETHER REGULAR OR SPECIAL, MAY ALSO BE HELD THROUGH VIDEO CONFERENCING TECHNOLOGY IN TIMES OF EXTREME EMERGENCIES THAT WOULD PUT TO HIGH RISK THE HEALTH OR LIFE OF THE MEMBERS. IN SUCH CASES, THE MEMBERS WHO CANNOT PHYSICALLY BE PRESENT INSIDE THE SESSION HALL, WILL BE CONSIDERED PRESENT, PROVIDED THAT SAID MEMBERS WILL AFFIRMATIVELY SIGNIFY THEIR PRESENCE DURING THE ROLL CALL THROUGH THE VIDEO CONFERENCING PLATFORM, PROVIDED, FURTHER; THAT THE PRESIDING OFFICER AND THE MAJORITY FLOOR LEADER MUST BE PHYSICALLY PRESENT INSIDE THE SESSION HALL, IN SUCH SESSIONS. (Amendment through Resolution No. ___, dated April 28, 2020)

Section 3 – The Presiding Officer shall open the session by calling the Sanggunian to order and followed by the invocation and the singing of the National Anthem and Bukidnon Hymn (English and Visayan version) by the Sanggunian Members assigned to participate, in a rotation basis.

Section 4 – Any meeting, regular or special, in case it will amount to conduct of urgent business, be recessed from day to day until the business is completed. However, no two sessions whether regular or special, may be held in a single day.

Section 5 – The session of the Sanggunian shall be open to the public unless a close-door meeting is ordered by an affirmative vote of a majority of the Members present, there being a quorum, in the public interest of for reasons of confidentiality, security, decency or morality or when affecting the dignity of the Sanggunian or member is being considered.

Section 6 – On motion to hold an executive session, the Presiding Officer shall direct the galleries to be cleared and doors closed. Only the Provincial Secretary and such other persons are specifically authorized by the Sanggunian shall be admitted to the executive session and shall preserved the secrecy whatever may be read or said at the session.

Section 7 – When by request of the Sanggunian, documents or papers are transmitted to it by the Governor or Head of Department, and require consideration in an executive session, said documents and papers shall be considered confidential. Their existence or contents shall not be revealed without the approval of the Sanggunian.

RULE VI
QUORUM

Section 1 – A majority of members composing the Sanggunian who have been duly elected and qualified shall constitute a quorum for it to transact official business. Majority of all members shall be construed to mean one-half (1/2) plus one (1) of the existing total membership.

Section 2 – When there is no quorum, the Presiding Officer may declare a recess until such time a quorum is constituted, or a majority of those present may adjourn from time to time and compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned to arrest the absent member and present him at the session hall.

If, inspite of the above, there is still an absence of a quorum or there is no prospect of constituting one, no other business shall be transacted and the Presiding Officer shall declare the meeting adjourned for lack of quorum.

Section 3 – Should the question of a lack of quorum be raised, the Presiding Officer, without debate, shall immediately proceed to a verification thereof by causing the reading of the roll of members and announcing the result forthwith.

Section 4 – No meeting shall be suspended or adjourned except so directed by the Sanggunian, but the Presiding Officer may, in his discretion, declare a recess in short intervals or suspend or adjourn the meeting in case of grave emergency or when the same becomes unruly or uncontrollable.

RULE VII
ORDER OF BUSINESS

Section 1 – The order of the calendar of business of the Sanggunian shall be as follows:
a. Call to Order
b. Invocation
c. Singing of the National Anthem and the Bukidnon Hymn (English & Binukid versions)
d. Recitation of Provincial Board Members CREED
e. Roll Call
f. Approval of agenda
g. Reading and approval of the minutes of the previous session
(third reading of measures previously adopted/approved)
h. First reading and referral to corresponding committees of proposed ordinance or resolutions, petitions, memorials, motions, messages and other communications
i. Privilege Hour
j. Question Hour
k. Unfinished Business
l. Business for the Day
m. New Business for the Day
n. Other matters
o. Adjournment

Section 2 – The Minutes shall be submitted to the Sanggunian for approval, except the minutes of the last session day, which shall be deemed approved without need of further action by the Sangguniang Panlalawigan upon its adjournment.

Section 3 – The Committee on Rules and Privileges shall prepare the calendar of business of every session and shall cause the Provincial Secretary to prepare the same in its absence and furnish a copy thereof to every member of the Sanggunian not less than three days every regular session.

Section 4 – The Calendar of Business shall contain a brief description of each item or business to be taken up during session, indicating the sources, in the case of communications, endorsements, petitions, messages, memorials, and memoranda; and the name of the author or authors, in the case of the ordinances, resolutions and motions; and the committee or the committees to which they have been referred.

Section 5 – The Committee Report shall be rendered, first, by the regular committees in the order they are listed in the Rules of the Sangguniang Panlalawigan, then by special committees, in the order of their creation.

The report, consisting of the findings and recommendations of the majority of the members of the committee, shall be made by its Chairman, or, if he dissents with the majority opinion, by any committee member concurring recommendation if favorable, the committee on Rules and Privileges shall calendar it for second reading, otherwise, it should be considered laid on the table.

Section 6 – The consideration of Unfinished Business shall be resumed before the Committee Reports are rendered and soon at each succeeding session until such unfinished business is disposed or resolved.

Section 7 – The Business for the Day shall consist of ordinances, committee reports and other legislative matters set on the calendar for the consideration of the Sanggunian, and each shall be taken up in the order in which it is set in the calendar. While the New Business For The Day shall refer to the items transferred for plenary discussion and consideration.

Section 8 – Ordinances, Resolution, and other Legislative Matters scheduled for final reading shall be called in the order set forth in the calendar of business and shall be considered in the manner prescribed thereafter.

Section 9 – The motion to suspend the rules, items or business may be taken away from their fixed order and considered forthwith by the Body.

Section 10 – In case of expediency and urgency, any member of the Sanggunian may propose to the Majority Floor Leader the inclusion in the agenda of a specific subject matter which may be taken in the agenda as part of other matters. So also, Ordinances of utmost importance and urgency may be considered and approved by the Sanggunian in one session day.

RULE VIII
ORDINANCES, RESOLUTIONS
AND OTHER LEGISLATIVE MEASURES

Section 1 – Legislative actions of a general and permanent in character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerned shall also be acted upon by resolutions.

Section 2 – Every ordinance and resolutions presented for consideration shall be respectively, denominated as a “Proposed Ordinance and Proposed Resolution”, and upon approval, each shall be called “Provincial Ordinance” or Provincial Resolution”, as the case may be.

Section 3 – Ordinances and Resolutions shall be proposed in writing and shall contain an assigned number, as title or caption, an enacting or ordaining clause and the date of its effectivity. They shall be signed by the author or authors and submitted to the Secretary who shall report them to the Sanggunian at its next meeting.

Notwithstanding, and for purposes of efficiency in the presentation of a proposed ordinance or resolution submission thereof for inclusion in the next ensuing session shall not be later than Friday preceding the next schedule regular session.

Section 4 – Before an ordinance or resolution may be finally enacted, it shall undergo three (3) readings, as follows:

a. First Reading, which shall consist of the reading by the Provincial Secretary of the title of the proposed ordinance or resolution and the name of its author or authors, after which upon the motion of the Majority Floor Leader, the resolution or ordinance be referred to appropriate committee or committees without debate.

b. Second Reading, at which the proposed ordinance or resolution, after having been sponsored on the floor by the committee chairman or by any committee member designated for the purpose, shall be read in full in the manner recommended by the committee or committees, whereupon the measures shall be subject first, to debate, and then to amendments and all proper parliamentary motions.

c. Third Reading, at which no debate or amendment shall be allowed, but the title of the proposed ordinances or resolution shall be read and the question upon passage shall be immediately taken.

d. Resolution shall be enacted in the manner prescribed for an ordinance but it need not go through a third reading for its final consideration unless it partakes of the nature of an ordinance or unless decided otherwise by the majority of all the Members.

Section 5 – In case of an erroneous reference of a measure to a committee, the same may be corrected at a subsequent session after the reading of the minutes containing the referral, by a majority vote of the Body or motion of the Committee on Rules and Privileges or the committee claiming jurisdiction over it or the committee to which it was erroneously referred.

Section 6 – In a proposed ordinance or resolution resulting from a consolidation or substitution made by a committee, there shall be named as authors every Member who has signed as such any of the proposed ordinances or resolutions consolidated or substituted for, in the order of the name shown therein and according to the date of their filing.

Section 7 – No ordinance or resolution shall be considered on second reading in any regular session that has not been reported out by the proper committees except those prepared and introduced by committees having proper jurisdiction over the subjects thereof and those certified as urgent by the Governor, and those covered under Section 10 of Rule VII hereof.

Section 8 – The Provincial Secretary shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading, and shall distribute to each Member of the Sanggunian a copy thereof at least three (3) days before it is voted upon for final approval, except in which case it may be submitted for final voting immediately after the second reading.

Section 9 – Motions may be presented orally or in writing and considered according to the rules prescribed for ordinances and resolutions: Provided, however, that any motion which, in the opinion of the Body may be acted upon without reference to any committee may be considered immediately for final action. An urgent motion, if substantive in character and presented orally shall if approved, be written out by the Provincial Secretary in ordinance or resolution form, as the case may be.

Section 10 – The affirmative votes of a majority of all the members of the Sanggunian shall be necessary for the passage of any ordinance, resolution or motion directing the payment of money or creating liability. Other measures shall prevail upon the majority vote of the Members present and voting at any session duly called and held, there being a quorum.

Section 11- The ayes (yes) and nay (no) shall be taken and recorded upon the passage of all ordinances, upon resolutions or motions directing the payment of money or creating liability and at the request of any Member upon any other resolution or motion. Each approved ordinance, resolution or motion shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.

Section 12 – Ordinances and pertinent resolutions adopting a local development plan and public investment program or directing the payment of money or creating liability passed by the Sanggunian shall be approved and signed by the Governor. The approval of the Governor must be in writing, affixed by him by endorsing the word “Approved” followed by his signature on each and every page of the ordinance or resolution.

Section 13 – The Chief Executive may veto to any ordinance or resolution adopting a local development plan and public investment program redirecting the payment of money or creating a liability presented to him on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefore in writing and returning the same to the Sanggunian within fifteen (15) days after receipt otherwise the same is deemed approved as if he had signed it.

The veto may be of any particular item or items of an appropriation measure, an ordinances or resolutions adopting a local development plan and public investment program or redirecting the payment of money or creating a liability, in which case the veto shall not affect the item or items which are not disapproved or objected to. The vetoed item or items shall not take effect unless the Sanggunian overrides the veto in the manner herein provided, previous year corresponding to those vetoed, if any shall be deemed re-enacted. The Chief Executive may veto an ordinance or resolution only once.

Section 14 – Upon receipt of the Chief Executive’s veto, the Sanggunian shall record the objections of the local chief executive at large on the minutes, and may proceed to reconsider the ordinance or resolution or the item or items vetoed. After reconsideration, the Sanggunian shall proceed to vote on the ordinance or resolution or the vetoed item or items thereof are passed by the vote of two-thirds (2/3) of all members of the Sanggunian, such ordinance or resolution shall be valid and effective even without the Chief Executive’s approval or signature.

Section 15 – Any legislative matter, duly certified by the Chief Executive as urgent, whether or not it is included in the calendar of business, may, without need of suspending the rules, be presented and considered by the Body at the same session. An urgent matter is one which involves great public interest the delay of which shall prejudice essential government activities.

Section 16 – Unless otherwise stated in the ordinance or resolution approving the local development plan and public investment program, the same shall go into effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the Provincial Capitol and in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after the approval thereof. The gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the province concerned. Unless otherwise provided therein, said ordinances with penal sanctions shall take effect on the day following its publication or at the end of the period of posting, whichever occurs later.

Section 17 – Proposed and approved ordinances and resolutions of the Sanggunian shall be kept in separate files and numbered infinitely in consecutive order, in the case of ordinances, and consecutively in annual series, in the case of resolution.

RULE IX
THE MINUTES

Section 1. The Secretary to the Sanggunian shall keep the minutes of its proceedings which shall comprise a succinct and exact account of the business transacted and the actions taken therein. The minutes must clearly show the following nature of the session, whether regular or special, and if special, a copy of the call for such sessions; date, time and place of sessions; names of Members present and absent; whether the minutes of the previous session was read and approved citing corrections, if any; every ordinance or resolution, in full; if the ordinance or resolution was not approved unanimously, a brief statement of the minority opinion; nominal voting; all motions, except those withdrawn; points of order and appeals, whether sustained or lost; veto message of the Governor in full, and time of adjournment.

Section 2. The original and each copy of the approved minutes must be signed by the Presiding Officer and the Provincial Secretary.

Section 3. The Minutes of every session in lieu of the journal shall be read and approved by a majority of the Members present at the session at which they are read, and, if necessary, corrected by the same vote or general consent. The reading of the Minutes shall not be interrupted or suspended except by unanimous consent of the Body.

Section 4. Yearly Assessment. It is resolved that the performance of existing committees of the Sangguniang Panlalawigan be recorded and graded and that the Secretary to the Sangguniang Panlalawigan is designated to take charge of this undertaking and submit an official annual report thereon.

Section 5. Legislative Alert. The Office of the Provincial Secretary shall published monthly a legislative alert showing the monthly status of the proposed ordinance and resolution of the Sangguniang Panlalawigan which are pending and approved.

Section 6. System of Review of Local Enactment. The Sangguniang Bayan are hereby required to adopt the appropriate resolution in the approval or enactment of an ordinance and the said resolution shall be submitted together with the ordinance to the Sangguniang Panlalawigan within ten (10) days from approval thereof by the Municipal Mayor. This is intended to provide more basic information that the Sangguniang Panlalawigan may need in the speedy and efficient review of the municipal enactments.

Section 7. Procedure for Approval and Effectivity of Tax Ordinances and Revenue Measures. Article 275 of the Implementing Rules and Regulations shall govern the publication of tax ordinances and revenue measures.

Section 8. Disorderly Behavior and Absenteeism. For disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, the Board may impose disciplinary action on any member in accordance with sub-paragraph (5), paragraph (b) of Article 103 of the Implementing Rules and Regulations.

RULE X
DEBATES AND DECORUM

Section 1 – When a member desires to speak, he shall arise and respectfully address the chair “Mr. Chairman” or “Mr. Presiding Officer”.

Section 2 – When any member desires to deliver any remarks to the Sanggunian, he shall rise and either directly request the Chair or through the Floor Leader who shall request that he be recognized. When two or more Members rise at the same time, the Presiding Officer or upon the motion of the Floor Leader shall recognize the Member who is to speak first, and shall alternate the floor between those who wish to speak for or against a given question.

Section 3 – The Member who has obtained the floor shall address his remarks to the Chair, confine him to the question under debate, avoid personalities, and shall conduct himself with proper decorum.

Section 4 – No member of the Sanggunian shall occupy more than thirty (30) minutes in debate on any question at the same session without consent of the Body.

After three (3) have spoken in favor and two (2) against a question, or only one (1) speech shall have been delivered and none against a motion to close the debate, shall be in order. If said motion is approved, the Sanggunian should proceed to consider amendments to the question, if any. Remarks on each amendment by any Member shall not exceed five (5) minutes.

Section 5 – The Sanggunian may, by two-thirds (2/3) vote of the Members present, close the debate on any question, upon motion for the previous question, and proceed to vote on the main question without debate.

Section 6 – The Member reporting a measure from a committee or delivering the sponsorship of a proposed legislation may open and close the debate within the time permitted each member by the Rules of the Sangguniang Panlalawigan.

Section 7 – If any Member, by his speech or behavior, transgress the rules of the Sanggunian, the Presiding Officer, on his own initiative or at the request of any Member, shall call him to order, and the Sanggunian shall, if appealed to, decide on the case without debate except for brief remarks by the appellant, explaining his appeal for not more than five (5) minutes. If the decision is in favor of the Member called to order, he may proceed, but not otherwise.
Section 8 – During sessions of the Sanggunian, the Members shall observe proper decorum. They shall remain in their seats during roll call or when a vote is being taken and no one shall pass between a member who has the Floor and Chair.

Section 9 – While the Presiding Officer is addressing the Sanggunian, no Member shall walk out or across the session hall.

Section 10 – To bestow due regard and dignity to the position, the Sanggunian Members should agree to adopt an appropriate and suitable dress code in attending sessions, hearings and other official functions, which are as follows:
1st Tuesday of the month – Ethnic Attire
2nd Tuesday of the month – Long Sleeve Barong
3rd & 4th Tuesday of the month – Coat and Tie/Business Attire or smart casual with coat
5th Tuesday of the month – Coat and Tie/Business Attire or smart casual with coat [per 4th RS(26th SP)]

Section 11 – As a matter of courtesy, no person including the Members of the Sanggunian, shall be permitted at any time to smoke within the session hall, or carry any firearm or deadly weapon.

RULE XI
VOTES AND VOTING

Section 1 – Voting in the Sanggunian shall be done by voice, raising of hand, rising, or by roll call, unless a different method is prescribed by the Sanggunian, for a particular question. In taking the vote, the affirmative shall be taken first and then the negative.

Section 2 – To pass an ordinance or by proposition creating indebtedness, the affirmative vote of a majority of all Members of the Sanggunian is necessary. Other measures, except as otherwise specifically provided, shall prevail upon the majority vote of the Members present at any session duly called and held.

Section 3 – A tie vote defeats any measure or motion except on appeal from the decision of the Chair which shall be considered sustained by a tie vote.

Section 4 – The Presiding Officer shall rise to put a question into a vote by saying, “As many as are in favor of (stating the question), say Yes, “and after the affirmative vote is expressed. “as many as are opposed, say No”. If the Chair doubts the vote or if a division is called, the Body shall divide the house. Those in the affirmative shall be asked to either raise their right hands or rise from their seats, and then those in the negative to do the same. In any case, the Presiding Officer shall rise to state the decision.

Section 5 – The Yes or No votes shall be taken and entered in the Minutes upon the passage of all ordinances upon all propositions creating any liability against the province, and upon any other proposition if requested by any Member, even after a division has been had.

Section 6 – When voting nominally, the Provincial Secretary shall call the roll of the Members of the Sanggunian in alphabetical order, and, as each name is called, the Member shall announce his vote by saying Yes or No as the case may be, or Abstain or Present, if he is not voting. A Member may explain his vote not to exceed three (3) minutes.

After the roll has been called, when voting nominally, the Provincial Secretary shall call in their alphabetical order the names of those not voting in order that they may vote. After this second calling of the roll, no request shall be entertained by the Chair to record a vote.

Section 7 – When an ordinance or by measure directing the payment of money or creating liability against the province is passed by general consent, the Provincial Secretary shall enter in the Minutes the names of all the Members present at that particular time, this having the effect of nominal voting.

Section 8 – No Member can vote on a question in which he or any member of his family, within the fourth civil degree by consanguinity or affinity, has a direct personal or pecuniary interest. He shall likewise not be allowed to participate in any of its official deliberation regarding the same. Violation of this section shall constitute disorderly conduct or behavior. This rule does not, however, preclude any Member from voting for himself for any position within the Sanggunian.

Section 9 – A Member may change his vote only before the Chair announces the result of the voting except if the voting is by balloting.

Section 10 – A Member who arrives late at the session shall be permitted to vote, provided, the result of the voting has not been announced yet by the Chair.

Section 11 – No motion, except on the presence of a quorum, shall be entertained during the voting.

RULE XII
RULES ON MOTIONS

Section 1 – The following motions, in the order of the precedence (from highest to lowest rank), together with other motions hereinafter specified, shall be used in doing business in the Sanggunian.

a. Fix the time to which to adjourn (Rank 1), to provide a future time for the continuation of the session in progress.
b. Adjourn (Rank 2), to formally terminate the session in progress.
c. Take a recess (Rank 3), to provide a brief intermission during the session
d. Question of Privilege (Rank 4), to secure immediate action upon a matter that involves the comfort, convenience, rights or privileges of the Sanggunian or any of its Members.
e. Call for orders of the day (Rank 5), to bring before the Body for consideration any business assigned for a particular time.
f. Lay on the table (Rank 6), to set aside a pending question for consideration at a later but undetermined time.
g. Call for the previous question (Rank 7), to suppress discussion on a pending question and to bring it immediately to a vote.
h. Modify the limits of debate (Rank 8), to remove a standing restriction to shorten or to permit more time for the discussion of pending questions.
i. Postpone definitely (Rank 9), to defer the consideration of a question to as definite time in the future.
j. Commit (Rank 10), to refer a question or proposition to committee for study and recommendation.
k. Amend (Rank 11), to modify a question to make it more acceptable to the Body.
l. Postpone indefinitely (Rank 12), to defer indefinitely the consideration of a question.
m. Main motion (Rank 13), to bring before the Body a substantive proposition for its consideration.

Section 2 – The following motions shall have the rank of main motion.

a. Take from the table, to resume the consideration of a question that has been previously laid on the table.
b. Reconsider, to set aside the vote previously taken on a question and to re-open it to a new discussion and vote.
c. Reconsider and have entered on the minutes, to suspend action on a question that has been decided by the majority.
d. Rescind or repeal, to render null and void a question previously passed.
e. Expunge, to express strong disapproval to an action taken by the Body and to have it rescinded.
f. Adopt a report, to accept or agree to a report as an official act of the Body.

Section 3 – The following incidental motions have no fixed rank but shall take percentage over the question from which they arise;

a. Suspend the rules, to allow the Body to do something which is otherwise forbidden to do by the rules or previously adopted order of the Sanggunian.
b. Withdraw or modify motions, to remove a question from the consideration of the Body or to modify the same.
c. Read papers, to allow a Member to read a paper, document, or book a part of his speech or remarks.
d. Object to the consideration of a question, to avoid the consideration of a question which the Body considers irrelevant, contentious, unprofitable, or generally objectionable.
e. Point of order, to call attention to an error in the observance or enforcement of the Rules of the Sangguniang Panlalawigan or its supplementary rules of procedure and parliamentary practices.
f. Point of information, to be informed of any matter related to the pending question before the Sanggunian.
g. Parliamentary inquiry, to request information on matters pertaining to parliamentary law and procedure.
h. Appeal from the decision of the Chair, to ask the Body to decide whether the ruling by the Chair on a question of order should be upheld overruled.
i. Divide the assembly to verify the votes taken on a question or to secure a more accurate count of the vote.
j. Divide the question, to divide log and complicated propositions into separate and distinct part to facilitate their considerations.

Section 4 – Every motion presented to the Body shall be stated by the Chair, or, if it be in writing, the Chair shall cause it to be read aloud by the Provincial Secretary and the same shall be deemed as having been brought to the attention of the Body for its consideration.

Section 5 – A motion to adjourn or to take a recess is in order even if a quorum is not present but not when the Body is engaged in voting or during the verification of the vote. If the Body has voted to adjourn but there are still important announcements to be made, the Presiding Officer may defer the adjournment of the session to allow the making of the announcement.

Section 6 – The motions to fix the time to which to adjourn, take a recess, raise a question to privilege, and call for order of the day are privilege motions and may be presented, according to the order of their precedence, even if any other motion or question is pending before the Body. The motions to raise a question of privilege and to call for orders of the day may be made even if someone has the floor.

Section 7 – Questions laid on the table must be taken up not later than the next regular session; otherwise, they should be considered abandoned and may be brought up again only by new motion.

Section 8 – A motion calling for the previous question requires for its approval a two-thirds (2/3) vote of the Members present, but action on the principal question to which it is applied shall be determined by the vote necessary in each particular case as prescribed by the rules of the Sangguniang Panlalawigan.

Section 9 – A question cannot be postponed beyond the next regular session or to a special or adjourned session unless provisions have been made for the holding of such session.

Section 10 – A question may be postponed as a general order by a majority vote or as special or adjourned session unless provisions have been made for the holding of such session.

Section 11 – No order of the day may be considered before the time to which it was assigned except by general consent or by two-thirds (2/3) vote of the Members present by suspending the rule fixing its time as an order of the day.

Section 12 – When a question is under consideration, a motion to amend and motion to amend an amendment shall be in order, and any of the said amendments may be withdrawn before a decision is held thereon.

Section 13 – No motion on a subject different from that under consideration shall be admitted under color of amendment. An amendment which merely negates an affirmative proposition is likewise out of order.

Section 14 – Once an amendment has been adopted or rejected, substantially the same amendment cannot be introduced at the same session unless the vote on the original amendment has been reconsidered or the motion to amend has been withdrawn.

Section 15 – Amendment to the title of an ordinance or resolution shall not be ordered until after the text thereof has been approved. Amendments to the title shall be decided without debate.

Section 16 – When an ordinance or any other measure, decided by nominal voting, has been adopted or lost, it shall be in order for any member who voted with the majority, at the same or the next meeting, to move for the reconsideration thereof, and such motion shall take precedence over all question, except the motions to fix the time to which to adjourn, and to take a recess. The motion to reconsider shall be passed by a majority vote of the Members present regardless of the vote required by the question to be reconsidered. When voting is not nominal, any Member may ask for reconsideration.

Section 17 – A motion to enter in the minutes a motion to reconsider a question must be called up not later than the next session, unless the motion is made on the day of a session in which case it may be called up for reconsideration on the same day it was moved.

Section 18 – An ordinance, resolution, or any other question may be rescinded, repealed, or expunged at any session subsequent to the one at which it was adopted by a majority vote of the Members present, with notice thereof given at previous session, or by a two-thirds (2/3) vote of the Members present, without need of such notice. A motion to rescind, repeal or expunge may be made only if the time to reconsider the controverted question has already elapsed.

Section 19 – Rules relating to the order of the business, business procedures, and similar standing rules, except those prescribed by statutory law, may be suspended by a two-thirds (2/3) vote of the Members present: Provided. That said suspension shall be effective for as long as the question for which the rules is suspended remains pending before the Body.

Section 20 – The consideration of a question may be objected to by a two-thirds (2/3) vote of the Members present, but the motion may not be applied to directives or communications from a higher governing body, committee reports, and amendments to the Rules of the Sangguniang Panlalawigan.

Section 21 – An appeal must be made immediately after the decision appealed from has been made; if any business has intervened, it shall be out of order. It is debatable except when it relates to in decorum, priority of business, transgression of the rules of speaking, or if it arises out of an undebatable question. If the question is debatable, any Member may speak on it twice, first, in explaining his decision, and then, in answer to the arguments against his decision.

Section 22 – A call for a division of a Sanggunian should be made immediately after the result of the vote has been announced, even if someone has the floor but before another motion has been stated by the Chair.

Section 23 – A motion to read any part of the Rules of the Sangguniang Panlalawigan is equivalent to a call to order and shall have the precedence corresponding to it.

Section 24 – A motion may be withdrawn or modified as a matter of right before it has been stated by the Chair. If the request is made after the motion has been stated by the Chair, it may be withdrawn only by general consent, or, if there be an objection, by a majority vote of the Members present.

Section 25 – No motion, having failed passage, shall again be allowed at the same session unless there has been a substantial change in the proposition. The motion to fix the time to which to adjourn, call for order of the day, close nominations or the polls, fix the limits of debate, lay on the table, postpone definitely or indefinitely, commit or refer, call for the previous question, take a recess, and take from the table, may be renewed after a change in parliamentary situation during the session. The motion to object to the consideration of a question, if rejected, may not again be renewed on the same question.

Section 26 – All motions relating to nominations and voting, if made while a question for an election is pending, are incidental motions. If they are made at any other time, they shall be treated as main motions.

RULE XIII
UNFINISHED BUSINESS

Section 1 – All business before the Sanggunian and its committees at the end of one (1) session shall be resumed at the commencement of its next session.

Section 2 – Proposed resolutions and ordinances not approved or adopted at the termination of the Sanggunian shall be consigned to the archives and considered lost. The succeeding Sanggunian however may again consider any of the said resolutions and ordinances as a new proposal for first reading.

Section 3 – Resolutions and Ordinances and Executive Orders submitted to the Sangguniang Panlalawigan for review left unacted upon shall be deemed approved upon expiration of 30 working days from receipt by the Sangguniang Panlalawigan.

RULES XIV
PAPERS AND DOCUMENTS

Section 1 – As business are disposed of by the committees, all papers and documents related to such businesses shall be delivered to the Provincial Secretary who will keep the same in the files of the Sanggunian.

Section 2 – At the adjournment of the last session of the Sanggunian, all papers still in the possession of any committees shall be delivered to the Provincial Secretary who will preserve them in the files of the Sanggunian in the manner required by the character of said papers.

Section 3 – Upon prior approval of the Presiding Officer, the Secretary shall issue when authorized, certified copy of any record within his control to any person requesting copies thereof and shall charge the corresponding fees provided in Rule III, Section 2 (G).

RULE XV
SUSPENSION OF RULES

Section 1 – Any part of these Rules, not prescribed by, or based on, statutory law or any higher act, may be suspended by general consent or by two-thirds (2/3) vote of the members present: Provided, that the suspension of the rule shall be for the sole purpose of the question pending at the time the motion for which said suspension is made.

Section 2 – Notwithstanding the provision of the immediate preceding section, no part of these Rules may be suspended if its effect is to protect absentee Members or inevitably expose a Members vote.

RULE XVI
AMENDMENT TO THE RULES

Section 1 – These Rules may be amended at any regular session by a two-third (2/3) vote of the Members of the Sanggunian: Provided, that notice of the proposed amendment has been given at the session previous to the one at which said amendment is to be considered, except amendments to be proposed for consideration during the Inaugural Session of the Sanggunian.

Section 2 – No provision of these rules which is prescribed by, or on statutory law or any other higher authority may be amended or revised.

RULE XVII
SUPPLEMENTARY RULES

Section 1 – The Rules of Procedure and Parliamentary Practices of the Legislative Bodies of the Philippines and Parliamentary Rules by Orendain shall serve as the supplemental guide when the same are not incompatible with its rules and standing order under the Local Government Code otherwise known as R.A. 7160.

CHAPTER V
RULES AND PROCEDURES ON ADMINISTRATIVE CASES BEFORE THE SANGGUNIANG PANLALAWIGAN

RULE XVIII
PRELIMINARY PROVISIONS

Section 1. Coverage. These rules and procedures shall apply to administrative disciplinary cases filed against:

a. the Mayors
b. the Vice Mayors
c. the Members of the Sanggunian Bayan

Section 2. Investigating Authority. The Sangguniang Panlalawigan shall conduct hearing and investigation of all administrative disciplinary cases en banc or in its discretion, in divisions of seven Members in which case of the latter the decision shall be with the concurrence of a majority of all the Members of the Sangguniang Panlalawigan en banc.

RULE XIX
GROUND FOR ADMINISTRATIVE DISCIPLINARY ACTION

Section 1. Grounds for Disciplinary Actions. An elective local official may be disciplined suspended, or removed from office on any of the following grounds:

(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;
(d) Commission of any offense involving moral turpitude or an offense punishable by at least prison mayor;
(e) Abuse of Authority;
(f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of Members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, and Sangguniang Barangay;
(g) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and
(h) Such other grounds as may be provided in this Code and other laws. An elective local official may be removed from office on the grounds enumerated above by order of the proper court.

RULE XX
COMPLAINT

Section 1 – How initiated. An Administrative case may be initiated by any private individual or any government officer or employee by filing a verified (sworn) written complaint against any elective local official enumerated under Section 1, Rule I hereof.

Section 2 – Form of Complaint. The complaint, accompanied by affidavits of witnesses or evidences in support of the charge, shall be addressed to the Sangguniang Panlalawigan. It shall be drawn in clear, simple, and concise language and in methodical manner as to appraise the respondent of the charge against him and to enable him to prepare his defense. The party filing the complaint shall be called the complainant, while the official against whom the complaint is filed shall be called the respondent.

Section 3 – Where Filed. The complaint shall be filed with the Office of the Secretary to the Sangguniang Panlalawigan who shall transmit the same to the Office of the Vice Governor, as Presiding Officer of the Sangguniang Panlalawigan within forty eight (48) hours from receipt of the same. All pleadings, briefs, memoranda, motions and other papers, affidavits filed before the Sangguniang Panlalawigan shall be in eighteen (18) legible copies, with proof of service of one (1) copy upon each of the adverse parties. Pauper complaints duly certified as such by the DSWD or in accordance with Rules of Court shall be exempted from the requirements of the number of copies and filing fees.

Section 4 – Filing Fee. A fee of Two Hundred Pesos (P200.000) shall be charged for every complaint filed with the Office of the Secretary to the Sanggunian Panlalawigan.

RULE XXI
ANSWER

Section 1 – Notice. Within seven (7) days after the administrative complaint is filed, the Sangguniang Panlalawigan en banc shall require the respondent to submit his verified answer within fifteen (15) days from receipt thereof.

Section 2 – Form of Answer. The answer, accompanied by affidavits of witnesses or evidences in support of the defense, shall be addressed to the Sangguniang Panlalawigan and shall be drawn in clear, simple, and concise language and in methodical manner as to traverse the charge.

Section 3 – Where Filed. The answer shall be submitted to the Office of the Secretary to the Sangguniang Panlalawigan who shall transmit the same to the Office of the Vice Governor as Presiding Officer of the Sangguniang Panlalawigan within forty eight (48) hours from receipt thereof. All pleadings, briefs, memoranda, motions and other papers, affidavits filed before the Sangguniang Panlalawigan shall be in eighteen legible copies, with proofs of service of one (1) copy upon each of the adverse parties.

Section 4 – Failure to Answer. Unreasonable failure of respondent to file his verified answer within fifteen (15) days from receipt of the complaint against him shall be considered as waiver of his right to present evidence in his behalf.

RULE XXII
PRELIMINARY INVESTIGATION

Section 1. Commencement. The Investigating Authority (Sangguniang Panlalawigan) shall commence the investigation of the case within ten (10) days from receipt of the answer of the respondent.

Section 2. Evaluation. Within twenty (20) days from receipt of the complaint and answer, the Investigation Authority shall determine whether there is a prima facie case to warrant the institution of formal administrative proceedings.

Section 3. Dismissal muto propio. If the Investigating Authority determines that there is no prima facie case to warrant the institution of formal administrative proceedings, it shall, within the same period prescribed under the proceeding section, muto propio dismiss the case together with the recommended decision, resolution, and order, in the case heard by Division.

Section 4. Preliminary Conference. If the Investigating Authority determines that there is a prima facie case to warrant the institution of the formal administrative proceedings, it shall, within the same period prescribed under the preceding Section, summon the parties to a preliminary conference to consider the following:

(a) Whether the parties desire a formal investigation or are willing to submit the case for resolution on the basis of the evidence on record; and

(b) If the parties desire a formal investigation, to consider the simplification of issues, the possibility of obtaining stipulation or admission of facts and of documents, specifically affidavits and depositions, to avoid unnecessary proof, the limitation of number of witnesses, and such other matters as may aid the prompt disposition of the case.

The Investigating Authority shall encourage the parties and their counsels to enter at any stage of the proceedings, into amicable settlement, compromise and arbitration, the terms and conditions of which shall be subject to the approval of the Sangguniang Panlalawigan en banc that sits as disciplinary tribunal.

After the preliminary conference, the investigating authority shall issue an order reciting the matters taken up thereon, including the facts stipulated and the evidences marked, if any. Such order shall limit the issue for hearing to those not disposed of by agreement of admission of the parties, and shall schedule the formal investigation within ten (10) days from its issuance, unless a later date is mutually agreed in writing by the parties concerned.

Section 5. Venue of Hearing. The venue shall be the place where the Sangguniang Panlalawigan is located.

Section 6. Hearings.

A. Within seven (7) days the administrative complaint is filed, the Office of the President or the Sanggunian concerned, as the case may be, shall require the respondent to submit his verified answer within fifteen (15) days from receipt thereof, and commence the investigation of the case within ten (10) days after receipt of such answer of the respondent.

1. Unreasonable failure of the respondent to file his verified answer within fifteen (15) days from receipt of the complaint shall be considered waiver of his rights to present evidence in his behalf.

2. Unreasonable failure to commence the investigation within the prescribed period by the person or persons assigned to investigate shall be a ground for disciplinary action.

B. When the respondent is an elective official of a province or highly-urbanized city, such hearing and investigation shall be conducted in the place where he renders or holds office. For all other elective local officials, the venue shall be the place where the Sanggunian concerned is located.

C. No investigation shall be held within ninety (90) days immediately prior to any local elections, and no preventive suspension shall be imposed within the same period. If preventive suspension has been imposed prior to the (90) day period immediately preceding local election, it shall be deemed automatically lifted upon the start of the said period.

RULE XXIII
FORMAL INVESTIGATION

Section 1. Procedural Process. The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, to require the attendance of witnesses and the production of documents through the compulsory process of subpoena duces tecum.

Section 2. Who Conducts the Hearing. The Sangguniang Panlalawigan en banc sitting as Disciplinary Tribunal shall be conducting the administrative disciplinary investigation or, in its discretion shall act in Division of seven (7) members whose decision shall be with the concurrence of the majority of all the Members of the Sangguniang Panlalawigan.

Section 3. Notice of Hearing. The parties and their witnesses shall be notified by subpoena of the schedules of hearing at least five (5) days before the date thereof, stating the date, time and place of the hearing.

Section 4. Venue of Hearing. The venue shall be the place where the Sangguniang Panlalawigan is located.

Section 5. Postponement. Postponement of investigation shall be discouraged and shall be allowed only in meritorious cases, like illness of the parties or counsels and other similar cases. No postponement for a period longer than seven (7) days shall be allowed, and in no case shall the total number of postponements for one (1) party be more than twenty (20) days.

Section 6. Stenographic Record of the Proceedings. The testimony of each witnesses and the manifestation of the parties and counsels during the investigation shall be prima facie correct statement of such proceedings as duly certified by the stenographer or steno typist.

Section 7. Order of Hearing. The order of hearing shall be as follows:

(a) The complainant shall produce the evidence of his part, called direct examination.
(b) Cross- examination by respondent.
(c) After the complainant rests its case, then
(d) The respondent shall then offer evidence in support of his defense, called direct examination.
(e) Cross-examination by complainant
(f) After the respondents rest its case, then
(g) The parties may then respectively offer rebutting evidence, unless for good reasons and in the furtherance of justice, permit them to offer evidence upon their original case.

Section 8. Order of Examination. The order in which a witness may be examined shall be as follows:

(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent; and
(d) Re-cross examination by the opponent.

Section 9. What are Considered Direct Examination. The Sangguniang Panlalawigan may direct, simplifying the preceding Sections 7 and 8 hereof, to consider the pleadings and affidavits as direct examination by the opponent.

Section 10. Memoranda. The parties may be allowed to submit their respective memoranda for consideration of the Sangguniang Panlalawigan en banc within fifteen (15) days after the termination of the formal investigation.

Section 11. Failure to Commence Formal Investigation. Unreasonable failure to commence the formal investigation within the prescribed period in the preliminary conference order by the person or persons assigned to investigate shall be a ground for administrative disciplinary action.

Section 12. Request for Subpoena. If a party desires the attendance of witness or the production of documents, he should make formal request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days before the scheduled hearing.

Section 13. Sequence of Presentation of Evidence. The sequence of presentation of evidence by the parties shall be the following:

(1) Evidence for Complainant;
(2) Formal offer of evidence for complainant preparatory to resting his case;
(3) Evidence for respondent;
(4) Formal offer of evidence for respondent preparatory to resting his case;
(5) Rebuttal evidence are not due to expediency, normally resorted to in administrative investigation; and
(6) Filing of simultaneous memoranda.

Section 14. Limitations in the Conduct of Investigation and Imposition of Suspension. The limitations in the Conduct of Administrative Investigation and Imposition of Suspension are the following:

(1) No investigation shall be held within ninety (90) days immediately prior to an election.

(2) No preventive suspension shall be imposed within the said period. If preventive suspension has been imposed prior to the aforesaid period the preventive suspension shall be filed.

Section 15. Evidence.

(a) Non-technical Procedure – The investigation shall be conducted solely for the purpose of ascertaining the truth and without necessarily adhering to technical rules applicable in judicial proceedings.

(b) Material and Relevant Evidence – The Investigating Authority shall accept all evidence having materiality and relevancy to the case. In case of doubt, it/he should resolve for the admission of the evidence subject to the objection interposed against the admission.

(c) Marking – All documentary evidence or exhibits shall be properly marked by letter (A, B, C, etc.) if presented by the complainant and by numbers (1, 2, 3, etc.) if presented by the respondent. They shall be attached to the records or, if voluminous, kept in a separate folder marked “Folder of Exhibits” which shall also be attached to the records.

Section 16. Report of Investigating Authority and Transmission of Records.

(a) Transmission of Records to Disciplining Authority – The Investigating Authority shall forward to Disciplining Authority its findings and recommendation, together with the following:

(a.1) The draft decision, resolution and order;
(a.2) The complete records with each page consecutively numbered and initialed by the custodian of the records;
(a.3) A summary of proceedings thereon from the filing of the complaint to the transmittal of the records in the chronological order indicating the action taken on the incidents involved; and
(a.4) A list of all pleadings, motions, manifestations, annexes, exhibits, and other papers or documents filed by the contending parties, as well as the corresponding orders or resolutions.

Such documents shall be forwarded to the disciplining authority within fifteen (15) days:

From receipt of the last pleading and evidence, if any case the respondent does not elect a formal investigation;

After the expiration of the period within which to submit the same or after the termination of the formal investigation; or

After the parties have submitted their respective Memoranda if so allowed.

The transcript of the proceedings shall be paged consecutively and in chronological order, sewed on the left-hand side, and properly indexed, showing the page on which the testimony of each witness begins.

(b) Records Classification – records in administrative disciplinary cases are classified as confidential in nature and any information as to the charges, accusation or facts adduced may not be released, and such records may not be available, except to the proper authorities and, upon request, to the parties in interest or their authorized representatives on the “need to know” basis pursuant to Memorandum Circular No 78, dated August 14, 1964, as amended by Circular No. 196, dated July 19, 1968, prescribing rules governing security of classified matters in government offices.

Section 17. Penalties.

Suspension or Removal – A respondent found guilty of any of the offenses enumerated in the grounds for Administrative Disciplinary Action may be meted the penalty of suspension or removal depending on the evidence presented and the aggravating or mitigating circumstances that may be considered by the Disciplining Authority.

Suspension – The penalty of suspension shall not exceed the unexpired term of the respondent, or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.

Removal – An elective official may be removed from office on the grounds enumerated in the grounds for Administrative Disciplinary Action by order of the proper court or the Disciplining Authority whichever first acquires jurisdiction to the exclusion of the other.

The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.

Section 18. Miscellaneous Provisions-Effect and Application of Relevant Laws. These section implement Section 60-68 of the Local Government Code of 1991 and its implementing Rules and Regulations. In all matters not provided in these Sections, the Rules of Court and the 1987 Administrative Code shall apply in a supletory character.

Section 19. Inter-Office Courtesy. Whenever it becomes necessary to invite or require the presence of any appointive provincial official and for him/her to produce any requested paper or document, the Sangguniang Panlalawigan or any of its Committees may do so only by resolution approved in session or committee hearing, by a majority vote of the members present, there being a quorum, provided, as a matter of inter-office courtesy, that the formal invitation to carry out the intent of the resolution shall be coursed thru the Office of the Provincial Governor as the Chief Executive of the Province.

Section 20. Other Matters not Embraced by These Rules. Any and all matters that may not be included in these rules shall, whenever necessary, be treated in accordance with pertinent provisions of existing laws, rules and regulations that may be relevant and applicable thereto.

Section 21. Suspension of the Rules. Nothing in this section however, prohibits the Sangguniang Panlalawigan from suspending these Rules by a two-thirds (2/3) majority vote of the members present, there being a quorum, to take up any matter deemed important and/or urgent.

RULE XXIV
DECISION

Section 1. The Sangguniang Panlalawigan shall render a decision within thirty (30) days after the end of the investigation, in writing stating clearly and distinctly the facts and the reasons for such decision. Copies of said decision shall immediately furnish the respondent and all the interested parties.

ADDENDUM

RULE XXV

THE COMMITTEES AND THE RULES ON ELECTING THE OFFICERS AND MEMBERS OF THE SANGGUNIANG PANLALAWIGAN

Section 1. The Members of the Sangguniang Panlalawigan shall meet and proceed to the organization of the Sanggunian on the first Tuesday of July at two in the afternoon immediately following their election at their Session Hall unless a different date is fixed by the Sanggunian.

The Presiding Officer, during the inaugural session, shall call the roll of Members in alphabetical order, designate an acting Floor Leader, and preserve order and decorum.

The body, through the Acting Floor Leader shall proceed to the adoption of the rules of the immediately preceding Sanggunian to govern its proceedings until the approval and adoption of the rules of the current of Sanggunian.

Thereafter, the body shall proceed to the election on the floor, in successive order, the chairman of the Committee on Rules, who shall then be recognized by the Presiding officer as the Majority Floor Leader and thereupon take over from the Acting Floor Leader; and the Chairmen, Vice Chairmen and Members of the various standing committees.

Section 2. The Sanggunian shall have the following standing and special committees, the general jurisdiction of which shall be defined herein, thereby supplanting and/or modifying Section 1 of Rule 1V of the Internal Rules of Procedure of the immediately preceding Sanggunian:

a) Committee on Rules and Privileges – All matters relating to the Internal Rules of Procedure of the Sangguniang Panlalawigan, Order of Business, Calendar of Business, the referral of ordinances, resolutions, speeches, communications, committee reports, messages, memorials and petitions and the creation of committees inclusive of determining their respective jurisdictions, including the accreditation of NGO’s, PO’s and private agricultural companies doing business in the Province of Bukidnon, and the confirmation proceedings of the department heads of the Provincial Government of Bukidnon.

b) Committee on Laws – All matters relating to legality of ordinances and resolutions of the Sanggunians; executive orders of the mayors, contracts and biddings of the provincial government of Bukidnon, and all other legal issues or matters that require action or intervention of the Sanggunian being the highest policy-making body of the Province of Bukidnon.

c) Committee on Labor and Manpower Development – All concerns relating to labor, the advancement and protection of the rights and welfare of workers, employment and manpower development, including job creations in general.

d) Committee on Appropriations – All matters relating to the annual and supplemental budgets; and appropriation of public funds; and in general pertaining to public expenditures and appropriation ordinances of the LGUs of Bukidnon, including the expenditure contracts of the PGB except the issues on their legality.

e) Committee on Ways and Means; Trade & Industry – All matters relating to sources of revenues and/or, taxes and fees, franchises and other forms and sources of revenue; establishing and improving the financial capability and fiscal administration of the provincial government.

f) Committee on Health – All matters directly and principally relating to public health and hygiene, and quarantine, medical, hospital and other health facilities and services, including governmental contracts related to health in general; and operations of the Provincial hospitals, except the biddings and issues on legality thereof.

g) Committee on Women and Family – All matters directly and principally relating to the rights and welfare of women and family and the health condition of the general public.

h) Committee on Public Services – All matters directly and principally relating to the operations of public utilities, including telecommunications and radio franchises, and all kinds of power plants, and lotteries, operating within the territorial boundary of the Province of Bukidnon.

i) Committee on Education – All matters relating to education and culture, schools, colleges, and universities, libraries, museum, non-formal and community education; coordinate with the Parents and Teacher’s associations and school authorities in the province; help shape programs and policies that will contribute to upgrade and solving problems of schools, including governmental contracts on education in general except biddings and issues on legality thereof.

j) Committee on Poverty Alleviation and Social Reform – All matters relating to disadvantaged sectors/persons, i.e.; paupers, physically disabled, victims of drug abuse, exploitation, and other similar matters referred to the attention of the Board; and promoting their alleviation and rehabilitation, including governmental contracts on social services except the biddings and issues on legality thereof.

k) Committee on Environmental Protection/Climate Change and Disaster Preparedness – All matters relating to the development and protection of the environment; natural resources to maintain a balanced and healthful ecosystem and climate change adaptation including disaster preparedness programs in the province.

l) Committee on Barangay & Local Government – All matters relating in the developmental problems and purposes of the barangays and municipalities, as well as other matters relative to their development as local government units and improvement of their administration including the review of the executive orders of the Mayors, except as to the legality issues on said executive orders.

m) Committee on Agriculture; Cooperatives – All matters relating to the development of cooperatives, agriculture lands, fishing industry, farmer’s organizations and the promotions of appropriate technologies, research, financing, production, marketing and other support services, including governmental contracts on agriculture in general except the biddings and issues on legality thereof.

n) Committee on Land Use & Human Settlement; Agrarian Reform – All matters relating to subdivisions conversion of lands, and in general land use, plans and zoning; sponsors hip of measures that will set reasonable limits and restraints on the use of the property.

o) Committee on Civil Service – All matters pertaining to personnel affairs, disciplinary measures, awards on employees, career position, standard qualification and other similar matters involving civil service and development of public officers and employees.

p) Committee on Beautification and Tourism – All matters relating on the promotion of tourism and arts and cultural heritage; improvement and beautification of the surroundings; and development of spots in Bukidnon to promote tourism.

q) Committee on Engineering & Public Works – All matters pertaining to infrastructure projects of the provincial government that are submitted to the Board except the issues on legality and biddings thereof, and other similar public improvement projects, including the status and updates on all government infrastructure projects in the Province of Bukidnon.

r) Committee on Peace and Order – All matters necessary in adopting measures to help curb criminality, lawlessness, subversion and all illegal acts that disrupt peace and order and safety.

s) Committee on Youth and Sports Development – All matters relating to programs and activities for enhancement of the welfare of the youth through leadership training and promotion of Sports activities and other matters for the general well- being of the youth.

t) Committee on Indigenous Cultural Communities/Indigenous People – All matters relating to the development and protection of the rights of the members of the Indigenous Cultural Communities in the province.

u) Committee on Justice and Human Rights – All matters relating to human rights and the promotion of justice in general, to attain civil, political and economic normalcy and stability.

v) Special Investigating Committee – All matters directly and principally relating to boundary disputes between or among the municipalities and cities of the Province of Bukidnon, including the boundary disputes of the Province with its neighbor provinces.

w) SPECIAL OVERSIGHT COMMITTEE (Good Government; Developmental Research, Plans & Programs; Enforcement of Laws and Ordinance) – All matters relating to complaints and cases involving public officials and employees brought to the Board for investigation and/or consideration and resolution. All matters pertaining to study and research of government developmental plans and programs; to handle and study all matters not referred to existing committee and to oversee the implementation of Ordinances of the Sangguniang Panlalawigan, and the general welfare of the inhabitants in the Province of Bukidnon.

Section 3. Upon the election by a majority vote of all the Members of the Sangguniang Panlalawigan of the chairman of the Committee on Rules, he shall thereby be automatically elected also as the Majority Floor Leader.

Section 4. Upon the election by a majority vote of all the Members of the Sangguniang Panlalawigan of the Vice Chairman of the Committee on Rules, he shall thereby be automatically elected also as the Deputy Majority Floor leader who shall assist the and shall assume as the Floor Leader in an acting capacity in the absence of the Majority Floor Leader.

Section 5. The Committee on Rules shall be composed of at least Five Members, including the Majority and Deputy Floor Leaders.

The other committees shall be composed of not more than five members each, including the Chairman and Vice chairman.

The special oversight committee however, shall be composed of all the Members of the Sanggunian, with the presiding officer as the chairman thereof without need of a formal election, and a Vice chairman to be elected by a Majority vote of all the members of the Sanggunian.

Section 6. The Majority Floor Leader, by the nature of his role as the overseer and facilitator, of the agenda and of the proceedings of the Sangguniang Panlalawigan, is deemed an ex officio member of all the standing and special committees of the Sanggunian, without need of a formal election.

Section 7. The Presiding Officer shall be deemed an ex officio member of all the committees without need of a formal election. He cannot however be elected as chairman of a committee, except as chairman of a special committee.

Section 8. The chairmen, vice chairmen and members, of a committee shall be elected by a Majority vote of the members of the Sanggunian constituting a quorum. During the inaugural session of the Sangguniang Panlalawigan, they shall be elected en masse on the floor, in the manner provided herein;

a) The first name that will be mentioned by the majority floor leader through a list shall be the chairman of that committee;
b) The second name mentioned shall be the vice chairman;
c) The rest mentioned in the list shall be members of that particular committee.

Section 9. The Sangguniang Panlalawigan may also elect a Minority Floor Leader if warranted by the circumstances, upon the submission of the nominee’s name to the Presiding Officer. The Majority Floor Leader shall then cause the election of the said Minority Floor leader by a majority vote of the members constituting a quorum.

The Minority Floor Leader shall be deemed an ex officio member of all the standing and special committees of the Sangguniang Panlalawigan.

Section 10. Subsequent vacancies in the positions of Majority Floor Leader and Deputy Majority Floor Leader shall be filled up by a majority vote of all the Members of the Sanggunian, while those of the Minority Floor Leader, Chairmen, Vice chairmen, and Members of the various committees shall be filled up by a vote of majority of the Members constituting a quorum.

Section 11. The minutes for the last session day of the Sanggunian, shall be deemed approved without need of further action, upon its adjournment, and the Presiding Officer and Secretary to the Sangguniang Panlalawigan are hereby authorized to sign the transcript of the said minutes, with retroactive effects to the immediately preceding Sanggunian.

Section 12. All rules in the immediately preceding Sanggunian that are inconsistent with the provisions hereof are hereby repealed or modified accordingly.

Section 13. The rules provided herein shall be collectively included under Rule XXV and the same shall form part of the Internal Rules of Procedure of the Sangguniang Panlalawigan of the immediately preceding Sanggunian.

Sections 14. The rules provided herein shall take effect immediately upon approval by the Sanggunian in session assembled.

RULE XXVI

RESOLUTION NO. 2019-009(26TH SP)
(2nd Regular Session)

A RESOLUTION TO INCORPORATE THE HEREIN PROVIDED RULES PRESCRIBING THE GUIDELINES FOR THE CONFIRMATION OF THE APPOINTMENTS OF THE DEPARTMENT HEADS OF THE PROVINCIAL GOVERNMENT OF BUKIDNON, WHO ARE REQUIRED TO UNDERGO CONFIRMATION PROCEEDING IN AND BY THE SANGGUNIANG PANLALAWIGAN AS PROVIDED UNDER THE LOCAL GOVERNMENT CODE—

Introduced by: Nemesio B. Beltran, Jr.
Board Member-2nd Legislative District
This Province

Section 1. A department head of the Provincial Government of Bukidnon, who is required to undergo confirmation proceedings in the Sangguniang Panlalawigan , under the local government code, shall, prior to the confirmation proceedings, submit to the Secretary to the Sangguniang Panlalawigan a certified true copy of his appointment by the governor, and shall endeavor to coordinate with the Secretary to the Sangguniang Panlalawigan as to the period of time when the confirmation of his appointment can be included in the agenda of the Sangguniang Panlalawigan.

Section 2. Upon receipt by the Secretary to the Sangguniang Panlalawigan of the letter request of the governor for confirmation of the appointment of his appointee, the Sangguniang Panlalawigan, through the Committee on Rules and/or Majority Floor Leader, shall calendar for the deliberations the confirmation proceedings of the appointee concerned, in the next session day following the submission of the said letter request for confirmation.

Section 3. In the course of the confirmation proceedings, the appointee concerned shall discuss with the Members of the Sangguniang Panlalawigan, among others, the functions of his office under the local government code; the important accomplishments of his office while under his watch based on his mandated functions and responsibilities. He shall also answer queries from any member of the Sangguniang Panlalawigan relative to his qualifications as, and such other queries in relation to, his accomplishments, and functions and responsibilities of his office.

Section 4. The Sangguniang Panlalawigan has fifteen (15) working days to act on the appointment of a particular appointee, reckoned from the date of receipt of the letter request from the governor, the word “act” shall include to mean either expressly, to concur or not to concur on the appointment upon determining whether or not the appointee possesses all the qualifications for the said office pursuant to DILG opinion 62-S-2001. However, after the lapse of the said 15 working days and the Sanggunian failed to act on the appointment concerned, the same shall be deemed approved by operation of law.

Section 5. The appointment of a department head shall take effect on the date of its issuance by the governor, however, the effectivity of the said appointment shall end at the moment the Sangguniang Panlalawigan rejects or disapproves it on the ground of lack of qualifications of the appointee pursuant to CSC Resolution No. 062262 dated Dec. 22, 2006.

In the event of affirmation of an appointment, the Secretary to the Sangguniang Panlalawigan shall then prepare the pertinent resolution of confirmation in favor of the appointee.

Section 6. This rules shall form part of the Internal Rules of Procedures of the Sangguniang Panlalawigan, as Rule XXVI therein.

Section 7. These rules shall take effect immediately upon its approval by the Sanggunian Panlalawigan in session assembled.

Explanatory Note

WHEREAS, the rules prescribe the guidelines on the confirmation proceedings of the department heads of the Provincial Government of Bukidnon whose appointments are required to be confirmed by the Sangguniang Panlalawigan.

WHEREAS, the rules also clarify that pursuant to CSC Resolution 97-3353 dated July 7, 1997, the 15 days’ period within which the Sangguniang Panlalawigan is required by law to act, shall mean 15 working days, from the date of receipt of the communication from the governor.

WHEREAS, pursuant to DILG Opinion 62-S-2001 the word “act “shall include either expressly to concur or not to concur on the appointment upon determining whether or not the appointee possesses all the qualifications and none of the disqualifications for the said office.

WHEREAS, the rules likewise clarify that pursuant to CSC Resolution No. 062262 dated Dec. 22, 2006, the appointment of a department head shall take effect on the date of its issuance by the governor, provided however, that the effectivity of the same shall cease the moment the Sangguniang Panlalawigan rejects or disapproves a particular appointment.

WHEREAS, upon approval of these rules, the guidelines and provisions provided therein shall form part of the Internal Rules of the Sangguniang Panlalawigan on the matter of confirming the appointments of department heads who are required to go through confirmation proceedings under the local government code.

NOW THEREFORE, on motion of Board Member Nemesio B. Beltran, Jr., and jointly seconded by Board member Richard D. Macas and Board Member Mario B. Albarece, Jr., be it:

RESOLVED, as it is hereby resolved, A RESOLUTION TO INCORPORATE THE HEREIN PROVIDED RULES PRESCRIBING THE GUIDELINES FOR THE CONFIRMATION OF THE APPOINTMENTS OF THE DEPARTMENT HEADS OF THE PROVINCIAL GOVERNMENT OF BUKIDNON, WHO ARE REQUIRED TO UNDERGO CONFIRMATION PROCEEDING IN AND BY THE SANGGUNIANG PANLALAWIGAN AS PROVIDED UNDER THE LOCAL GOVERNMENT CODE.

RESOLVED FURTHER, to furnish a copy of this resolution to the PHRMO Head for dissemination to those department heads who are required to undergo confirmation in and by, the Sangguniang Panlalawigan pursuant to the mandate of the local Government Code of 1991.

Approved unanimously.

RULE XXVII

RESOLUTION NO. 2019-080(26TH SP)
(3rd Regular Session)

RESOLUTION PROVIDING FOR THE RULES AND PROCEDURES IN THE INTERNAL SETTLEMENT OF BOUNDARY DISPUTE —

Introduced by: Nemesio B. Beltran, Jr.
Board Member-2nd Legislative District
This Province

WHEREAS, there is a need to promulgate and provide rules and procedures to guide the Sangguniang Panlalawigan and the party-litigants in cases of boundary disputes, hence the following:

Section 1. STATEMENT OF POLICY – There is a boundary dispute when a portion or the whole of the territorial area of the Province of Bukidnon is claimed by two or more LGUs. Boundary disputes between or among LGUs shall, as much as possible, be settled amicably. The Sangguniang Panlalawigan or its Special Investigating Committee, shall not be bound by the technical rules of procedure of the regular courts.

Section 2. JURISDICTIONAL RESPONSIBILITIES FOR SETTLEMENT OF BOUNDARY DISPUTE –

Boundary disputes between and among local government units in the Province shall, as much as possible, be settled amicably. To this end:

a) Boundary disputes involving two (2) or more municipalities within Bukidnon shall be referred for settlement to the Sangguniang Panlalawigan.
b) Boundary disputes involving municipalities or component cities with the other province shall be jointly referred for settlement to the respective Sangguniang Panlalawigan.
c) Boundary disputes involving a component city or municipality on the one hand and a highly urbanized city on the other, or two (2) or more highly urbanized cities, shall be jointly referred for settlement to the respective sanggunians of the parties.
Section 3. CONDUCT OF HEARING

The Sangguniang Panlalawigan shall conduct hearing of all boundary dispute en banc or in its discretion in the committee level, thru the Special Investigating Committee in which case of the latter, the decision shall be with concurrence of a majority of all the members of the Sangguniang Panlalawigan en banc.

Section 4. ASSISTANCE FROM THE TECHNICAL STAFF – Upon motion and approval of the body, the Special Investigating Committee may tap and invite technical assistance mainly from other Provincial Offices in appreciating documents submitted, ocular inspections such as validation of technical descriptions of boundaries, in the absence of technical expertise coming from the Sangguniang Panlalawigan.

Section 5. PROCEDURES FOR SETTLING BOUNDARY DISPUTES. – The following procedures shall govern the settlement of boundary disputes:

(a) Filing of petition— The Sanggunian Bayan or Panlungsod concerned may initiate action by filing a petition, in the form of a resolution, with the Sanggunian Panlalawigan thru the Office of the Secretary to the Sanggunian which shall be transmitted to the Office of the Provincial Vice Governor and Presiding Officer of the Sangguniang Panlalawigan within 48 hours from receipt thereof. The resolutions and the subsequent pleadings, briefs, memoranda, motions, affidavits and other papers filed before the Sangguniang Panlalawigan shall be in eighteen (18) legible copies/sets with proof of service of one (1) copy upon each of the adverse party.

(b) Contents of petition — The petition shall state the grounds, reasons or justifications therefor.

(c) Documents attached to petition — The petition shall be accompanied by:

(1) Duly authenticated copy of the law or statute creating the LGU or any other document showing proof of creation of the LGU;
(2) Provincial, city, municipal, or barangay map, as the case may be, duly certified by the Land Management Bureau (LMB);
(3) Technical description of the boundaries of the LGUs concerned;
(4) Written certification of the provincial, city, or municipal assessor, as the case may be, as to territorial jurisdiction over the disputed area according to records in custody;
(5) Written declarations or sworn statements of the people residing in the disputed area; and
(6) Such other documents or information as may be required by the sanggunian hearing the dispute.

(d) Answer of adverse party — Upon receipt by the sanggunian concerned of the petition together with the required documents, the Local Government Unit(s) or LGUs complained against shall be furnished copies thereof and shall be given fifteen (15) working days within which to file their verified answers. The answers accompanied by affidavits of witnesses as evidences in support of the defense shall be submitted to the Office of the Sangguniang Panlalawigan, thru the Office of the Secretary to the Sanggunian which shall be transmitted to the Office of the Provincial Vice Governor within 48 hours upon receipt thereof. All pleadings, brief, memoranda, motions, affidavits, and other papers filed before the Sanngguniang Panlalawigan shall be in eighteen (18) legible copies, with proof of service of one (1) copy upon each of the adverse party.

(e) Hearing — Immediately on the following session day, after receipt of petition and after receipt of the answer of the adverse party, the Sanggunian, converting itself into a quasi-judicial body, shall set schedule for the hearing of the case for the settlement/mediation and allow the parties concerned to present their respective evidences until the 60-day period terminates.
(f) Joint hearing — When two or more sanggunians jointly hear a case, they may sit en banc or designate their respective representatives. Where representatives are designated, there shall be an equal number of representatives from each sanggunian. They shall elect from among themselves a presiding officer and a secretary. In case of disagreement, selection shall be by drawing lot.

Section 6. Mediation Proceedings

a) The Sangguniang Panlalawigan will act as the mediator of the boundary dispute.

b) A conference before the Sangguniang Panlalawigan or its Special Investigating Committee shall first be held with both parties present. The Sangguniang Panlalawigan through its Special Investigating Committee shall explain the mediation proceedings stressing the benefits of an early settlement of the dispute and shall attempt immediate settlement. If no settlement is reached at this conference, the Sangguniang Panlalawigan through its Special Investigating Committee, may, with the consent of both parties, hold separate caucuses with each party to enable the Sangguniang Panlalawigan to determine their respective real interests in the dispute. Thereafter, another joint conference may be held to consider various options proposed by the parties to the Special Investigating Committee to resolve the dispute.

b) The Special Investigating Committee shall submit to the Sangguniang Panlalawigan, which referred the case to mediation, a status report on the progress of the proceedings at the end of the mediation period.

d) The Office of the Secretary to the Sangguniang Panlalawigan shall keep a file of mediation proceedings.

Section 7. Confidentiality of Records

To encourage the spontaneity that is conducive to effective communication, thereby enhancing the possibility of successful mediation efforts, the mediation proceedings and all incidents thereto shall be kept strictly confidential, unless otherwise specifically provided by law, and all admissions or statements made therein shall be inadmissible for any purpose in any proceeding.

Ex-parte communications by one party to the Special Investigating Committee which are not intended to be known by the other party shall not be communicated to such other party. Documents, reports, position papers and affidavits submitted by one party shall not be shown to the other without the consent of the former.

Both parties undertake not to rely or introduce as evidence in any other proceedings, the following matters:
a) Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
b) Admissions made by either party in the course of the proceedings;
c) Proposals made by the Special Investigating Committee;
d) The fact that the other party had indicated his willingness to accept a proposal for settlement made by the parties to the Mediator.
No transcript or minutes of the mediation proceedings shall be taken, and personal notes of the Special Investigating Committee on the mediation proceedings shall not be furnished the trial court in case of appeals. Any such transcript, minutes and notes shall be inadmissible as evidence in any other proceedings.

Section 8. Suspension of Formal Proceedings

The 60-day period during which the case is undergoing settlement/ mediation shall be excluded from the counting of the conduct of the 60-day formal hearing, by the Sangguniang Panlalawigan in accordance to Article 15 to 17 of the IRR of Republic Act 7160.

Section 9. Proceedings in case of Successful Settlement

If the mediation is successful, the Sangguniang Panlalawigan shall immediately be informed and given (a) the original Compromise Agreement entered into by the parties as basis for the rendition of a judgment by compromise which may be enforce by execution or (b) a withdrawal of the Complaint or, (c) a satisfaction of the claim.
The lawyers are expected to provide legal assistance to their clients and the Mediator in the drafting of the necessary pleadings/papers.

Section 10. NON-SETTLEMENT OF BOUNDARY DISPUTE

(a) Failure to settle — In the event the sanggunian fails to amicably settle the dispute within sixty (60) days from the date such dispute was referred thereto, it shall issue a certification to that effect and copies thereof shall be furnished the parties concerned.
(b) Decision — Within sixty (60) days from the date the certification was issued, the dispute shall be formally tried and decided by the sanggunian turning into as a quasi-judicial body. Copies of the decision shall, within fifteen (15) days from the promulgation thereof, be furnished the parties concerned, DILG, Local Assessor, COMELEC, Philippine Statistics Office (PSA), and other NGAs concerned.

Section 11. CONDUCT OF FORMAL HEARING.

a) Procedural Process. The parties shall be accorded full opportunity to appear or by counsel, to confront and cross-examine the witnesses, to require the attendance of witnesses and the production of documents through the compulsory process of subpoena duces tecum.

b) Who Conducts the Hearing. The Sangguniang Panlalawigan en banc shall be conducting hearing or, in its discretion assign to the Special Investigating Committee whose decision shall be with the concurrence of the majority of all the Members of the Sangguniang Panlalawigan.

c) Notice of Hearing. The parties and their witnesses shall be notified by subpoena of the schedules of hearing at least five (5) days before the date thereof, stating the date, time and place of the hearing.

d) Venue of Hearing. The venue shall be in the Sangguniang Panlalawigan Session Hall, Province of Bukidnon except on boundary dispute with another province, the venue shall be held alternately

e) Postponement. Postponement of hearing shall be discouraged and shall be allowed only in meritorious cases, like illness of indispensable parties or counsels and other similar cases. No postponement for a period longer than seven (7) days shall be allowed, and in no case shall the total number of postponements for one (1) party be more than twenty (20) days.

f) Transcribed Record of the Proceedings. The testimony of each witnesses and the manifestation of the parties and counsels during the investigation shall be prima facie correct statement of such proceedings as duly certified by the office recorders/transcribers.

g) Order of Hearing. The order of hearing shall be as follows:

(a) The Complainant-Local Government Unit shall produce the evidence of his part, called direct examination.
(b) Cross- examination by respondent Local Government Unit
(c) After the complainant rests its case, then
(d) The respondent-LGU shall then offer evidence in support of its defense, called direct examination.
(e) Cross-examination by complainant-LGU
(f) After the respondents rest its case, then
(g) The parties may then respectively offer rebutting evidence, unless for good reasons and in the furtherance of justice, permit them to offer evidence upon their original case.
(h) The parties may however agree to submit the case for resolution based solely on the documents presented.

h) Order of Examination. The order in which a witness may be examined shall be as follows:

(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent; and
(d) Re-cross examination by the opponent.

i) What are Considered Direct Examination. The Sangguniang Panlalawigan may direct, simplifying the preceding Sections g and h hereof, to consider the pleadings and affidavits as direct examination by the opponent.

j) Memoranda. The parties may be allowed to submit their respective memoranda for consideration of the Sangguniang Panlalawigan en banc within fifteen (15) days after the termination of the formal hearing.

k) Request for Subpoena. If a party desires the attendance of witness or the production of documents, he should make formal request for the issuance of the necessary subpoena or subpoena duces tecum at least seven (7) days before the scheduled hearing.

l) Sequence of Presentation of Evidence. The sequence of presentation of evidence by the parties shall be the following:

(1) Evidence for Complainant-Local Government Unit;
(2) Formal offer of evidence for complainant-LGU preparatory to resting his case;
(3) Evidence for respondent-LGU;
(4) Formal offer of evidence for respondent-LGU preparatory to resting his case;
(5) Filing of simultaneous memoranda.

m) Limitations in the Conduct of Amicable Settlement and Formal Hearing of Boundary Dispute. The limitations in the Conduct of Amicable Settlement and Formal Hearing are the following:

(1) No hearings shall be held within ninety (90) days immediately prior to an election.

(2) No decision shall be rendered within the said period.

n) Evidence.

1. Material and Relevant Evidence – The Sangguniang Panlalawigan or the Investigating Authority shall accept all evidence having materiality and relevancy to the case. In case of doubt, it/he should resolve for the admission of the evidence subject to the objection interposed against the admission.

2. Marking – All documentary evidence or exhibits shall be properly marked by letter (A, B, C, etc.) if presented by the complainant and by numbers (1, 2, 3, etc.) if presented by the respondent. They shall be attached to the records or, if voluminous, kept in a separate folder marked “Folder of Exhibits” which shall also be attached to the records.

o) Report of Special Investigating Committee/Transmission of Records.

1. Report to the Plenary – The Special Investigating Committee thru its Chairman shall report to the plenary its findings and recommendation, together with the following:

(a.1) The draft decision, resolution and order;
(a.2) The complete records with each page consecutively numbered and initialed by the custodian of the records;
(a.3) A summary of proceedings thereon from the filing of the complaint to the transmittal of the records in the chronological order indicating the action taken on the incidents involved; and
(a.4) A list of all pleadings, motions, manifestations, annexes, exhibits, and other papers or documents filed by the contending parties, as well as the corresponding orders or resolutions.

The transcript of the proceedings shall be paged consecutively and in chronological order, fastened, and properly indexed, showing the page on which the testimony of each witness begins.

Section 12. RECORDS CLASSIFICATION. – Release of records in the hearing are regulated and any information may not be released, and such records may not be available, except to the proper authorities and, upon request, to the parties in interest or their authorized representatives on the “need to know” basis pursuant to Memorandum Circular No 78, dated August 14, 1964, as amended by Circular No. 196, dated July 19, 1968, prescribing rules governing security of classified matters in government offices.

Section 13. MISCELLANEOUS PROVISIONS-EFFECT AND APPLICATION OF RELEVANT LAWS. These section implement Section of the Local Government Code of 1991 and its implementing Rules and Regulations. In all matters not provided in these Sections, the Rules of Court and the 1987 Administrative Code shall apply in a suppletory character.

Section 14. INTER-OFFICE COURTESY. Whenever it becomes necessary to invite or require the presence of any appointive provincial official and for him/her to produce any requested paper or document, the Sangguniang Panlalawigan or any of its Committees may do so only by resolution approved in session or committee hearing, by a majority vote of the members present, there being a quorum, provided, as a matter of inter-office courtesy, that the formal invitation to carry out the intent of the resolution shall be coursed thru the Office of the Provincial Governor as the Chief Executive of the Province.

Section 15. OTHER MATTERS NOT EMBRACED BY THESE RULES. Any and all matters that may not be included in these rules shall, whenever necessary, be treated in accordance with pertinent provisions of existing laws, rules and regulations that may be relevant and applicable thereto.

Section 16. SUSPENSION OF THE RULES. Nothing in this section however, prohibits the Sangguniang Panlalawigan from suspending these Rules by a two-thirds (2/3) majority vote of the members present, there being a quorum, to take up any matter deemed important and/or urgent.

Section 17. DECISION

a) The Sangguniang Panlalawigan shall render a decision within sixty (60) working days after the formal hearing, in writing stating clearly and distinctly the facts and the reasons for such decision. Copies of said decision shall immediately furnish the respondent and all the interested parties.

(i) Appeal — Within the time and manner prescribed by the Rules of Court, any party may elevate the decision of the sanggunian concerned to the proper Regional Trial Court having jurisdiction over the dispute by filing therewith the appropriate pleading, stating among others, the nature of the dispute, the decision of the sanggunian concerned and the reasons for appealing therefrom. Decisions on boundary disputes promulgated jointly by two (2) or more sangguniang panlalawigans shall be heard by the Regional Trial Court of the province which first took cognizance of the dispute.
b) MAINTENANCE OF STATUS QUO. — Pending final resolution of the dispute, the status of the affected area prior to the dispute shall be maintained and continued for all purposes.
c) OFFICIAL CUSTODIAN. — The DILG shall be the official custodian of copies of all documents on boundary disputes of LGUs.

Section 18. The Foregoing rules shall form part of the Internal Rules of Procedure of the Sangguniang Panlalawigan, and shall be denominated as Rule XXVII.

Section 19. These rules shall take effect immediately upon approval by the Sangguniang Panlalawigan.

Approved unanimously.

Prepared By:

Atty. APOLLO A. MAGUALE
Secretary to the Sanggunian

FLR’19