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TABLE OF CONTENTS

INTRODUCTION
The Barangay in the 1987 Constitution
The Role of the Barangay
CHAPTER I. NATURE and ATTRIBUTES OF THE BARANGAY
CHAPTER II. INSTRUMENTALITIES OF THE BARANGAY
CHAPTER III. BARANGAY LEGISLATION
Nature and Concept of Legislation
Dimensions of Legislation
CHAPTER IV. LEGISLATIVE PROCESS
PROCEDURAL REQUIREMENTS
SUBSTANTIVE REQUIREMENTS
CHAPTER V. DYNAMICS OF PARLIAMENTARY PROCEDURE
CHAPTER VI. LEGISLATIVE ACTS, DOCUMENTS AND RECORDS
CHAPTER VII. LEGISLATIVE REVIEW

HANDBOOK ON BARANGAY LEGISLATION


INTRODUCTIION
The Barangay in the 1987 Constitution
The State in Section 25, Article III of the 1987 Constitution guarantees, as a
national principle and policy, the autonomy of local government units. Towards this
end Article X, a separate article on Local Governments, the State subdivided its territory
into local government units or LGUs, namely the Provinces, Cities, Municipalities and
Barangays and delegated to each LGU more powers, authority and resources to manage
local affairs as political subdivisions of the Republic. Thus, LGUs, including the
Barangay, as territorial and political subdivisions of the Republic of the Philippines
had been engaged in an unprecedented active governance and development as selfreliant communities and effective partners in the attainment of national goals.
To operationalize the State policy for a genuine and meaningful autonomy for
LGUs, Congress was mandated to enact a Local Government Code with the declared
policy: It is hereby declared the policy of the State that the territorial and political
subdivisions of the State shall enjoy genuine and meaningful local autonomy to
enable them to attain their fullest development as self-reliant communities and
make them more effective partners in the attainment of national goals. Towards this
end, the State shall provide for a more responsive and accountable local government
structure instituted through a system of decentralization whereby local government
units shall be given more powers, authority, responsibilities, and resources. X x x.
Thus, through an Act of Congress, namely: The Local Government Code of
1991 or Republic Act 7160 and its Implementing Rules and Regulations (IRR or AO
260) the National Government established the legal framework for local governance
for guidance and compliance of all LGUs. Thus, RA 7160 is aptly called the Bible of
local governance and development.
Role of the Barangay in the New Politico-Administrative System
In the pursuit of a genuine and meaningful local autonomy in the countryside,
Republic Act 7160, otherwise known as The Local Government Code of 1991,
envisions to nurture Local Government Units (LGUs), as self-reliant communities,
especially the Barangays, and empower said local communities as effective partners
of the national government in the attainment of sustainable development . In this
legal and policy framework the Barangay, as a governmental and corporate entity, is
assigned the following roles:
Section 384. Role of the Barangay. As the basic political unit,
the barangay serves as the primary planning and implementing
unit of government policies, programs, projects, and activities in
the community, and as a forum wherein collective views of the

people may be expressed, crystallized and considered, and


where disputes may be amicably settled.
Primary Planning and Implementing Unit
of Government Programs
This is the rationale why RA 7160 under Section 107 (a), RA 7160
created in every barangay the Barangay Development Council (BDC) which
shall operationalize this role.
A Forum for Popular Consultation
This the very rationale why under Section 397 (b) of RA 7160, the
Barangay Assembly shall be convened at least twice a year to hear and
discuss the semestral report of the sangguniang barangay concerning its
activities and status of finances as well as problems affecting the barangay.
Its meetings shall be held upon call of the punong barangay or of at least
four ( 4 ) members of the sangguniang barangay, or upon written petition of
at least five (5%) of the assembly members. Moreover, mandatory public
consultation shall be required in barangay legislation.
Amicable Settlement of Disputes
It is only at the barangay level that the Katarungang Pambarangay
under PD 1508 was codified and strengthened into RA 7160. Said barangaybased program shall be administered by the Lupon Tagapamayapa, a group of
not less than ten (10) but not more than twenty (20) residents of the barangay
appointed by the Punong Barangay from his qualified residents. The Punong
Barangay serves as Lupon Chairman. Amicable Settlement Agreements and
Arbitration Awards effected through the Lupon in disputes within the
jurisdiction of the Lupon shall have the force and effect of a final judgment
of the Court without the disputing parties going through the expensive and
protracted judicial process. Likewise, through this mechanism, disputes
falling within the jurisdiction of the Lupon are required to go through
mediation, conciliation and arbitration in the Lupon before the Courts can
acquire jurisdiction for compulsory adjudication.

CHAPTER I
Nature and Attributes of the Barangay
The BARANGAY is the smallest and basic territorial and political subdivision
of the Republic. ( Section 1, Article X, 1987 Constitution ). As a political subdivision
of the Republic, it is constituted as a governing entity within its territorial jurisdiction.

Thus, the Barangay is a juridical entity possessed of governmental and corporate


powers. (Section 15, RA 7160), a far cry from being a mere tax collection unit of the
national government. Section 15 of RA 7160 declares this in this wise:
Section 15. Political and Corporate Nature of Local Government Units.
Every local government unit created or recognized under this
Code (including the Barangay) is a body politic and corporate
endowed with powers to be exercised by it in conformity
with law. As such, it shall exercise powers as a political
subdivision of the National Government and as a corporate
entity representing the inhabitants of its territory.
As a political subdivision or body politic the Barangay is empowered with
Governmental Powers of the Barangay consisting of the following:
General Welfare Power (Section 16, RA 7160)
Every local government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the
general welfare. Within their respective territorial jurisdictions,
local government units shall ensure and support, among other
things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve
public morals, enhance economic prosperity and social justice,
promote full employment among their residents, maintain peace
and order, and preserve the comfort and convenience of their
inhabitants.
This is an INHERENT POWER of a State ensuing from its right to
protect and preserve itself. From this essence, it is concededly the most
expansive and almost limitless power in that the State can interfere in the
rights of its citizens. Thus, it is also known or referred to as POLICE Power
or DISCIPLINING POWER because it can validly PROHIBIT, COMPEL
or REGULATE acts and use of property to promote and protect the general
welfare of its constituencies, to protect and secure their safety and convenience,
enhance their health, protect the integrity of its territory, etc.
Power to Generate and Apply Resources (Section 18, RA 7160)
x x x.; to create their own sources of revenue and to levy taxes,
fees and charges which shall accrue exclusively for their use and
disposition and which shall be retained by them; to have a just

share in national taxes which shall be automatically and directly


released to them without need of any further action; to have an
equitable share in the proceeds from the utilization and
development of the national wealth and resources within their
respective territorial jurisdictions including sharing the same with
the inhabitants by way of direct benefits; to acquire, develop, lease,
encumber, alienate, or otherwise dispose of real or personal
property held by them in their proprietary capacity and to apply
their resources and assets for productive, developmental, or
welfare purposes, in the exercise or furtherance of their
governmental or proprietary powers and functions and thereby
ensure their development into self-reliant communities and active
participants in the attainment of national goals.
Section 132. Local Taxing Authority-The power to impose a tax, fee,
or charge or to generate revenue under this Code shall be exercised by
the sanggunian of the local government unit concerned through an
appropriate ordinance.
Fee is a charged fixed by law or ordinance for the regulation or
inspection of a business or activity.
Charge refers to pecuniary liability such as rents or service fees
against persons or property.
Taxes

Every LGU is assigned its own specific taxing authority and cannot
encroach upon the tax base assigned to another LGU. The Barangays specific
taxing power is enumerated in Section 152 of RA 7160, as follows:
Section152. Scope of Taxing Powers.- The Barangay may levy taxes,
fees and charges, as provided in this Article, which shall exclusively
accrue to them:
a) Taxes- On stores or retailers with fixed business establishments with
Gross sales or receipts of the preceding calendar year of x x x Thirty
thousand (P30,000.00) or less, in the case of barangays, at a rate not
exceeding one percent (1%) on such gross sales or receipts.
b) Service Fees or Charges.- Barangays may collect reasonable fees or
charges for services rendered in connection with the regulation or
the use of barangay-owned-controlled properties or service facilities
such as palay, copra, or tobacco dryers.

c) Barangay Clearance.- No city or municipality may issue any license


or permit for any business or activity unless a clearance is first
obtained from the barangay where such business or activity is located
or conducted. For such clearance, the sangguniang barangay may
impose a reasonable fee. The application for clearance shall be
acted upon within seven (7) working days from the filing thereof.
In the event that the clearance is not issued within the said period,
the city or municipality may issue the said license or permit.
d) Other Fees and Charges.- The Barangay may levy reasonable fees
and charges:
(1) On commercial breeding of fighting cocks, cockfights and
cockpits; (NOTE: Commercial Breeding means an annual
sale of more than five (5) fighting cocks of a duly registered
breeder)
(2) On places of recreation which charge admission fees;
(places of recreation or amusement is where one seeks
admission to entertain himself by seeing or viewing the show
or performance or those where one amuses himself by direct
participation)
(3) On billboards, signboards, neon signs, and outdoor
advertisements.
COMMON REVENUE RAISING POWERS
Section 153. Service Fees and Charges.-Local government units
may impose and collect such reasonable fees and charges for
services rendered.
Section 154. Public Utility Charges.- Local government units may
fix the rates for the operation of public utilities owned, operated
and maintained by them (LGU) within their jurisdiction.
Section 155. Toll Fees and Charges. The sanggunian concerned
may prescribed the terms and conditions and fix the rates for the
imposition of toll fees o r charges for the use of any public road,
pier or wharf, waterway, bridge, ferry or telecommunication system
funded and constructed by the local government unit concerned:
Provided, That no such toll fees and charges shall be collected from
officers and enlisted men of the Armed Forces of the Philippines
and members of the PNP on mission, post office personnel
delivering mail, physically-handicapped, and disabled citizens who
are sixty-five (65) years or older.

When public safety and welfare so requires, the sangunian


concerned may discontinue the collection of the tolls, and thereafter
the said facility shall be free and open for public use.
Section 186. Power To Levy Other Taxes, Fees or Charges. Local
government units may exercise the power to levy taxes, fees or charges
on any base or subject not otherwise specifically enumerated herein or
taxed under the provisions of the National Internal Revenue Code, as
amended, or other applicable laws: Provided, That the taxes, fees, or
charges shall not be unjust, excessive, oppressive, confiscatory or
contrary to declared national policy: Provided further, That the
ordinance levying such taxes, fees or charges shall not be enacted
without any prior public hearing conducted for the purpose.
Section 187. Procedure for Approval and Effectivity of Tax Ordinances
and Revenue Measures; MANDATORY PUBLIC HEARING.- The
procedure for approval of local tax ordinances and revenue measures
shall be in accordance with the provisions of this Code: x x x.
Section 188. Publication of Tax Ordinances and Revenue Measures.
Share of the Barangay From Other Taxes
Art. 251. Allocation of Proceeds of Community Tax.
(b) 50% shall accrue to the barangay where the tax is collected.
(This presupposes that the Barangay Treasurer was authorized
to collect the Community Tax)
Article 362. Distribution of RPT Proceeds.
Provinces:
(3) Barangay Share- 25% shall accrue to the Barangay hwere the
property is located.
City:
(2) Barangay Share.- 30% shall be distributed among the barangaysd
where the property is located in the following manner:
i) 50% shall accrue to the Barangay where the property
is located; and
ii) 50% shall accrue equally ti all component barangays
in the city.

Art. 378. 40% of the collection under the National Internal


Revenue Code shall be allocated as share of LGUs
Article 382. Allocation of the Internal Revenue Allotment.
Provinces . . .
23%
Cities . . . . . .
23%
Municipalities . . 34%
Barangays . . . . . 20%
The Share for Barangays shall be allocated using the formula:
Population . . . . . . 60%
Equal Sharing . . . 40%
Art. 388. Share of LGUs in the Development and Utilization of National
Wealth.
a) One percent (1%) of the gross sales or receipts of the preceding
calendar year; or
b) Forty percent (40%)of the mining taxes, royalties, forestry and
fishery charges and such other taxes, fees or charges, including
related surcharges, interests, or fines the NGA or GOCC would
have paid if it were otherwise exempt.
Art 389. Allocation of Shares:
In the natural resource is located in the Province:
Province . . . . . . 20%
Municipality/City . . . 45%
Barangay. . . . . 35%
COMMON LIMITATIONS ON THE TAXING POWERS
OFLOCAL GOVERNMENT UNITS
Section 133. Common Limitations on the Taxing Powers of Local
Government Units.- Unless otherwise provided herein, the exercise of the
taxing powers of provinces, cities, municipalities and barangays SHALL
NOT EXTEND TO THE FOLLOWING:
(a) Income tax, except when levied on banks and other financial
institutions;
(b) Documentary stamp tax;
(c) Taxes on estates, inheritance, gifts, legacies and other acquisitions
mortis causa, except as otherwise provided herein;

(d) Customs duties, registration fees of vessel and wharfage on wharves,


tonnage dues, and all other kinds of customs fees, charges and dues
except wharfage on wharves constructed and maintained by the
local government unit concerned.;
(e) Taxes, fees or charges and other impositions upon goods carried into
or out of, or passing through, the territorial jurisdictions of local
government units in the guise of charges for wharfage, tolls for
bridges or otherwise, or other taxes, fees or charges in any form
whatsoever upon such goods or merchandize;
(f) Taxes, fees or charges on agricultural and aquatic products when
sold by marginal farmers or fishermen;
(g) Taxes on business enterprises ceretified to by the Board of
Investments as pioneer or non-pioneer for a period of six (6) and
four (4) years, respectively from the date of registration;
(h) Excise taxes on articles enumerated under the National Internal
Revenue Code, as amended, and taxes, fees or charges on petroleum
products;
(i) Percentage or value-added tax (VAT) on sales, barters or exchanges
or similar transactions on goods or services except as otherwise
provided herein;
(j) Taxes on the gross receipts of transportation contractors and persons
engaged in the transportation of passengers or freight by hire and
common carriers by air, land or water, except as provided in this
Code;
(k) Taxes on premiums paid by way of reinsurance or retrocession;
(l) Taxes, fees or charges for the registration of motor vehicles and for
the issuance of all kinds of licenses or permits for the driving
thereof, except tricycles;
(m)Taxes, fees or charges on Philippine products actually exported,
except as otherwise provided herein;
(n) Taxes, fees, or charges, on Countryside and Barangay Business
Enterprises and Cooperatives duly registered under R.A. 6810 and
Republic Act 6938 otherwise known as Cooperative Code of the
Philippines, respectively, and
(o) Taxes, fees or charges of any kind on the National Government, its
agencies and instrumentalities, and local government units.
Power of Eminent Domain (Section 19, RA 7160)
A local government unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of eminent domain
for public use, or purpose, or welfare for the benefit of the poor and
the landless, upon payment of just compensation, pursuant to the
provisions of the Constitution and pertinent laws: Provided, however,
That the power of eminent domain may not be exercised unless a valid
and definite offer have been previously made to the owner, and such

offer was not accepted: Provided, further, That the local government
unit may immediately take possession of the property upon the filing
of the expropriation proceedings and upon making a deposit with the
proper court of at least fifteen percent (15%) of the fair market value
of the property based on the current tax declaration of the property
to be expropriated: Provided, finally, That, the amount to be paid
for the expropriated property shall be determined by the proper
court, based on the fair market value at the time of the taking of the
property.
Closure and Opening of Roads (Section 21, RA 7160)
(a) A local government unit may, pursuant to an Ordinance, permanently
or temporarily close or open any local road, alley, park or square falling
within its territorial jurisdiction: Provided, however, That in case of
permanent closure, such ordinance must be approved by at least twothirds ( 2/3 ) of all the members of the sanggunian, and when necessary,
an adequate substitute for the public facility that is subject to closure is
provided.
(b) No such way or place or any part thereof shall be permanently closed
without making provisions for the maintenance of pubic safety therein.
A property thus permanently withdrawn from public use may be used or
conveyed for any purpose for which other real property belonging to the
local government unit concerned may be lawfully used or conveyed.
( c) Any national or local road, alley, park, or square may be temporarily
closed during an actual emergency, or fiesta celebrations, public rallies,
agricultural or industrial fairs, or an undertaking of public works and
highways, telecommunications, and waterworks projects, the duration of
which shall be specified by the local chief executive concerned in a
written order: Provided, however, That no national or local road, alley,
park, or square shall be temporarily closed for athletic, cultural, or civic
activities not officially sponsored, recognized, or approved by the local
government unit concerned.
d) Any city, municipality, or barangay may, by a duly enacted
Ordinance, temporarily close and regulate the use of any local street,
road, thoroughfare, or any other public place where shopping malls,
Sunday Flea or Night markets, or chopping areas may be established
and where goods, merchandize, foodstuffs, commodities, or articles
of commerce may be sold and dispensed to the general public.
On the other hand, the Corporate Powers of the Barangay (Section 22, RA
7160) consist of the following:

1) To have continuous succession in its corporate name


2) To sue and be sued
3) To have and use a corporate seal
4) To acquire and convey real or personal property
5) To enter into contract
6) To exercise such other powers as are granted to corporations,
subject to the limitations provided in this Code and other laws.
The empowerment of the Barangay through the DELEGATION of the above
enumerated POWERS under RA 7160 is intended to enable these LGUs, including
the Barangay, to adequately manage their local affairs in accordance with law and
attain their fullest development as self-reliant communities and as effective
partners of the national government in the attainment of national goals. For this
purpose, each LGU, including the Barangay, is REQUIRED to deliver specific
BASIC SERVICES and FACILITIES described in Section 17 and perform the
role assigned to the Barangay in Section 384 of RA 7160. Thus,
BASIC SERVICES and FACILITIES (Section 17 (b)(1), RA 7160)
(a) x x x x x
(b) Such basic services and facilities include, but are not limited to, the
following:
(1) For a Barangay:
(i) Agricultural support services which include planting materials
distribution system and operation of farm produce collection
and buying stations;
(ii) Health and social welfare services which include maintenance
of barangay health center and day care center;
(iii) Services and facilities related to general hygiene and sanitation,
beautification, and solid waste collection;
(iv) Maintenance of Katarungang Pambaragay;
(v) Maintenance of barangay roads and bridges and water supply system;
(vi) Infrastructure facilities such as multi-purpose hall, multi-purpose
pavement, plaza, sports center, and other similar facilities;
(vii) Information and reading center;

(viii) Satellite or public market, where viable;


(g) The basic services and facilities hereinabove enumerated shall be funded
from the share of local government units in the proceeds of national taxes
and other local revenues and funding support from the National
Government, its instrumentalities and government-owner and controlled
corporations which are tasked by law to establish and maintain such
services or facilities. Any fund, or resource available for the use of local
government units shall BE FIRST ALLOCATED for the provision of
basic services or facilities enumerated in x x x BEFORE applying the
same for other purposes, unless otherwise provided in this Code.

CHAPTER II
BASIC INSTRUMENTALITIES of the BARANGAY
The BARANGAY is a territorial subdivision of the Republic within which a
given population resides who owe allegiance to the sovereign authority and its
instrumentalities.
Just like any juridical entity, the Barangay operates through its instrumentalities
operating within the ambit of their delegated duties, powers and functions and faithful
compliance to the Constitutional standards of Rule of Law. The Barangay, as a
corporate and governmental entity, operates through the following instrumentalities
with their corresponding functional jurisdiction:
SANGGUNIANG BARANGAY ( Section 390, RA 7160 )
The sangguniang barangay, the legislative body of the barangay,
shall be composed of the punong barangay as presiding officer,
and the seven (7) regular sangguniang barangay members elected
at large and the sangguniang kabataan chairman, as members.
This collegial body shall discharge the indispensable collegial duty and
function of legislation. As expressly provided, the punong barangay is not a
member of the sangguniang barangay but its presiding officer.
Interestingly, unlike their counterparts in higher sanggunians who are
exclusively delegated legislative duties and functions, the sangguniang
barangay member ( kagawad ) are delegated executive duties and functions

in addition to their principal legislative functions.


Section 392. Other Duties of Sangguniang Barangay Mambers.
In addition to their collegial powers, duties and functions as members
of the sangguniang barangay, each sangguniang barangay members may:
i) Assist the punong barangay in the discharge of his duties
and functions;
ii) Act as peace officers in the maintenance of public order
and safety; and
iii) Perform such other duties and functions as the punong
barangay may delegate.

PUNONG BARANGAY (Section 389, RA 7160)


The Punong Barangay is the chief executive of the Barangay who
shall be responsible for the discharge of the duty and function of enforcement
of laws and implementation of all government programs. He shall exercise
control and supervision over all barangay officials and bodies vested with
enforcement functions as well as those assigned by law..
To assist the Punong Barangay in his executive functions during nonsession days, Section 392, RA 7160 constitutes the seven (7) regular Kagawads
as his Assistant Executive Officers and Peace Officers. Section 388 of RA
7160 constitutes sangguniang barangay members as persons in authority for
purposes of the Revised Penal Code while in the performance of their duties and
functions. Thus, each Kagawad is assigned to handle a Purok, an administrative
subdivision of the barangay, constituted for administrative expediency.
Further, RA 7160 and various legal issuances constituted some special
administrative bodies chaired by the Punong Barangay, such as but not limited to,
the Barangay Development Committee; Barangay Peace and Order Committee;
the Barangay Anti-Drug Abuse Committee; Barangay Nutrition Committee;
Barangay Ecological Solid Waste Management Committee; Barangay Council
for the Protection of Children; Barangay Disaster Coordinating Council; Tanod;
Barangay Nutrition council; Barangay Physical Fitness and Sports Development
Council; etc.
BARANGAY ASSEMBLY ( Section 397 and 398, RA 7160) composed of all
registered voters of the barangay which perform various crucial roles such as
Consultative Forum ( Section ___) in legislation; Accountability Mechanism
such as Recall ( Section 69-75, RA 7160 as amended by RA 9244);

Initiative and Referendum ( Section 120-127, RA 7160 ); and


Disciplinary Action (Section 60-68, RA 7160).
Specifically, Section 398 of RA 7160 confers the following powers of the
Barangay Assembly:
a ) Initiate legislative processes by recommending to the sangguniang
barangay the adoption of measures for the welfare of the barangay
and the city or municipality concerned;
b) Decide on the adoption of initiative as a legal process whereby the
registered voters of the barangay may directly propose, enact, or
amend any ordinance;
c) Hear and pass upon the semestral report of the sangguniang
barangay concerning its activities and finances;
d) Decide on the petition for recall of any elective barangay official
for loss of confidence. ( Section 69-75, RA 7160, as amended by
RA 9244, Feb. 19, 2004)
CHAPTER III
LEGISLATION
(Section 48-59, RA 7160)
Concept of Legislation
Legislation, traditionally described as the act or process of proposing a law,
is essentially one of the three (3) major functions of Government. Since LGUs are
essentially engaged by the national government in local governance within their
respective territorial jurisdiction, its operating structure consists of an instrumentality
referred to as the legislative body of the LGU, to perform legislation functions
within its territorial jurisdiction, namely, the Sangguniang Barangay.
Legislation, essentially, is the prescribed process whereby the sovereign,
through its authorized representatives constituting the legislative body, collegially
AUTHORIZES the exercise of governmental and corporate powers as well as
disposition of public property for the general welfare.
Local Legislation refers to the rule-making function of a local government
unit delegated by national authority to be exercised by the local legislative body in
the furtherance of the socio-cultural, economic and political development needs and
aspirations of its inhabitants within its territorial jurisdiction. Local Legislation, therefore,
is the duty and function of the local sanggunian to enact rules or regulations for

observance by its inhabitants and those who sojourn within its territorial jurisdiction
having the force and effect of law.
Local Legislation, a delegated sovereign authority for decision-making.
Essentially, legislation is a collegial decision-making prerogative of the
sovereign. However, pursuant to the republican ideal ( Governance by the sovereign
through authorized representatives) , this crucial function is entrusted to a few chosen
by the sovereign ( Barangay Assembly ) in an election called for the purpose. Thus,
the Sangguniang Barangay as the legislative body is designed as a decision-making
body of the sovereign with the elected few as decision-makers. The members of this
group are expected to infuse into the legislative dynamics their best talents, experience,
education and abilities to enhance the collegial decision that shall promote and
safeguard the well- being of the community. The Sangguniang Barangay, like all
its counterparts, is a microcosm of the sovereign, an instrumentality designed to
consolidate the talents, aspirations, wisdom, etc. of the sovereign and entrusted with
the sacred task of deciding for them. Local legislation, therefore, is the collegial
function to be exercised by the Sangguniang Barangay under a democratic framework.
Legislation, both substantive and procedural.
Legislation is primarily intended to be responsive and accountable as its sole
purpose is to promote and safeguard the general welfare of its inhabitants. Local
legislation should address the needs, problems and aspirations of the local community.
Local Legislation is responsive and accountable when the constituencies actively
participate in and supply the substance of local legislation and willingly comply
with the mandates of legislative measures enacted by their common instrumentality.
As a major function of government, its exercise is bound by both procedural and
substantive standards. (See Chapter ___)
Legislation in Local Governance
Legislation has far-reaching and profound substantive implications.
1. Legislation is a tool for social order
Essentially, legislation sets and order the whole body of the community
with a local policy framework in consonance with established policies and
regulations. No society or community could exist for long in peace,
harmony and development without some form of control and regulation
over the conduct of its members. Enactment of laws, rules and ordinances
not only promote the preservation of the peoples lives and property but,
more importantly, its survival and sustained development.
2. Legislation as a major power, duty and function of government

Legislation is an essential and exclusive power, duty and function of


government often, by necessity, lodged in an independent legislature,
co-equal with the Executive and Judicial branches of government.
The Sovereign expects that their government will act responsibly, and
wisely, fairly and for their welfare. Thus, the acts of the legislature are
presumed to be the voice of the people and, therefore, the direct
expression of the political will of the sovereign.
3. Legislation as a mechanism to empower the people
The Sangguniang Barangay is the established mechanism by which
the Sovereign exercises its power of self-governance. The Sanggunian
is, therefore, a tool of the Sovereign constituted to serve the sovereign,
not become the master of the sovereign. Without a common tool for
governance, there will be disorder and stagnation of social life. A
potent and faithful political instrumentality should empower, not enslave,
the people.
4. Legislation as a mechanism for local governance
Governance is founded on authority and power. Without a common
instrumentality specifically designed for articulation and crystallization
of the diverse views and aspirations of the inhabitants into a decision
having the force and effect of law, there will be unending strife where
the brute strength of the strong among them will prevail over the weak.
5. Legislation as a mechanism for development management
Change is inevitable. But such change can become destructive of
the very fabric of social life if its direction and effects are not managed.
through responsible legislation, rules and regulations of strategic and
sustainable impact on development and safeguards of natural resources
can be installed.
The above reasons unerringly points to some preconditions for local
legislation, including the barangay, namely:
1. The sanggunian should be composed of responsive and accountable
legislators.
Legislation function requires not only the skills of a
parliamentarian but the sensitivity to the problems and issues
raised by the people and their legislative implications.
Responsiveness means the sensitivity and predisposition,
individually or collectively, to address the diverse variety of

interests of the silent majority and the outspoken minority and


balancing the same. It is a concern for the constituency as
contrasted with self-interest;
Accountability means the capability of exercising
legislative functions and powers not only for the public interest
but adherence to ethical, legal and moral standards of such acts.
It is the fundamental principle of representative governance that
sovereignity resides in the people and all governmental
authority emanates from them and that public office is a
public trust. It implies that the public trustee shall assume the
consequences, i.e., liabilities, for his acts in BAD FAITH in the
performance of his public office.
2. An adequate consultation mechanism to enhance full exercise of
the right of the people to influence the directions of development
policies and legislative agenda that affect their lives and future;
3. A competent technical staff or committee system equipped with
experiences and adequate knowledge and research skills on the art
of local legislation especially the identification, articulation and
aggregation of peoples needs and aspirations into effective public
policies with least costs and losses;
4. A Legislative Information Management System wherein the
necessary data on the profile of local government unit and its
people, existing laws and other vital information are readily
available such as codified ordinances and resolutions, including
workable legislative library to facilitate the workings of the
sanggunian.
CHAPTER
THE LEGISLATIVE BODY OF THE BARANGAY
The Sanggunian is a microcosm of the sovereign of an LGU whereby through its
elected representatives, the sovereign consolidates its collegial talents, experience and
wisdom to bear upon the task of evolving their local legal and policy framework for
governance, order, safety of communal life and sustainable development.
The same attributes is expected and imposed upon the SANGGUNIANG
BARANGAY, the LEGISLATIVE BODY of the BARANGAY.
Composition
The Sangguniang Barangay, the legislative body of the barangay,
shall be composed of the punong barangay as Presiding Officer; and

Seven (7) regular sangguniang barangay members elected at large and


the Sangguniang Kabataan Chairman, as Members. (Section 390, RA 7160)
Powers, Duties and Functions of the Sangguniang Barangay (Section 391, RA 7160)
The Sangguniang Barangay, as the legislative body of the barangay, shall:
1) Enact ordinances as may be necessary to discharge the
responsibilities conferred upon it by law or ordinance and to
promote the general welfare of the inhabitants therein;
2) Enact tax and revenue ordinances, subject to the limitations
imposed in this Code;
3) Enact annual and supplemental budgets in accordance with
the provisions of this Code;
4) Provide for the construction and maintenance of barangay
facilities and other public works projects chargeable to the
general fund of the barangay o r such other funds actually
available for the purpose;
5) Submit to the sangguniang panlunsod or ssangguniang bayan
such suggestions or recommendations as it may see fit for
the improvement of the barangay or for the welfare of the
inhabitants thereof;
6) Assist in the establishment, organization, and promotion of
cooperative enterprises that will improve the economic
condition and well-being of the residents;
7) Regulate the use of multi-purpose halls, multi-purpose
pavements, grain or copra dryers, patios and other post-harvest
facilities, barangay waterworks, barangay markets, parking
areas or other similar facilities constructed with government
funds within the jurisdiction of the barangay and charge
reasonable fees for the purpose;
8) Solicit or accept monies, materials and voluntary labor for specific
public works and cooperative enterprises of the barangay from
residents, land owners, producers and merchants in the barangay;
monies from grants-in-aid, subsidies, contributions, and revenues
made available to the barangay from national, provincial, city or
municipal funds; and monies from other private agencies and
individuals. Provided, however, that monies or properties donated
by the agencies and individuals for specific purposes shall accrue

to the barangay trust fund;


9) Solicit or accept, in any or all the foregoing public works and
cooperative enterprises, such cooperation as is made available by
national, provincial, city, or municipal agencies established by law to
render financial, technical and advisory assistance to barangays and
to barangay residents: Provided, however, That in soliciting or
accepting such cooperation, the sangguniang barangay need not
pledge any sum of money for expenditure in excess of amounts
currently in the barangay treasury or encumbered for other purposes;
10) Provide compensation, reasonable allowances or per diems as well as
travel expenses for sangguniang barangay members and other
barangay officials, subject to the budgetary limitations prescribed
under Title Five, Book II of this Code: Provided, however, That no
increase in the compensation or honoraria of the sangguniang
barangay members shall take effect until after the expiration of the full
term of all members of the sangguniang barangay approving such
increase;
11) Hold fund-raising activities for barangay projects without the need of
securing permits from any national or local office or agency. The
proceeds from such activities shall be tax-exempt and shall accrue to
the general fund of the barangay: Provided, That in the appropriation
thereof, the specific purpose for which such fund-raising activity has
been held shall be first satisfied: Provided, further, That no fundraising activities shall be held within a period of sixty (60) days
immediately preceding and after a national or local election, recall,
referendum, or plebiscite: Provided, finally, That said fund-raising
activities shall comply with national policy standards and regulations
on morals, health, and safety of the persons participating therein. The
sangguniang barangay, through the punong barangay, shall render a
public accounting of the funds raised at the completion of the project
for which the fund-raising activity was undertaken;
12) Authorize the punong barangay to enter into contracts in behalf of the
barangay, subject to provisions of this Code;
13) Authorize the barangay treasurer to make direct purchases in an
amount not exceeding One Thousand pesos (P1,000.00) at any one
time for the ordinary and essential administrative needs of the
barangay;
14) Prescribe fines in amounts not exceeding One Thousand pesos
(P1,000.00) for violation of barangay ordinances;

15) Provide for the administrative needs of the lupong tagapamayapa and
the pangkat tagapagkasundo;
16) Provide for the organization of community brigades, barangay tanod,
or community service units as may be necessary;
17) Organize regular lectures, programs, or for a on community problems
such as sanitation, nutrition, literacy, and drug abuse, and convene
assemblies to encourage citizen participation in government;
18) Adopt measures to prevent and control the proliferation of squatters
and mendicants in the barangay;
19) Provide for the proper development and welfare of children in the
barangay by promoting and supporting activities for the protection
and total development of children, particularly those below seven (7)
years of age;
20) Adopt measures towards the prevention and eradication of drug abuse,
child abuse, and juvenile delinquency;
21) Initiate the establishment of a barangay high school, whenever
feasible, in accordance with law;
22) Provide for the establishment of a non-formal education center in the
barangay whenever feasible, in coordination with the Department of
Education, Culture and Sports;
23) Provide for the delivery of basic services; and
24) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
The Sangguniang Barangay as a Deliberative Body
The Sangguniang Barangay as a legislative body is not an ordinary body of men
and women. A reknown parliamentarian considers a legislative body, a deliberative
body, as a Constitutionally established public law-making body of representatives
chosen by the electorate for a fixed term of office. ( Sarah Corbin Robert, Roberts
Rules of Order Newly Revised, 1990 Ed., Scott, Foreman and Company, Glenview,
Illinois, USA, p. 7)
A deliberative body is a group of persons empowered to exercise collegial
judgment in formulating decisions that shall have the force and effect of law upon the
principals of the deliberative body.
A Deliberative Body essentially caters to the vital process of articulation of

views on vital issues and matters affecting community life and to the synthesis and
crystallization of such diverse views into a collegial decision. The official tagalong
name SANGGUNIANG bespeaks of this essence. As in all deliberative bodies in
the world and through time the Sangguniang Barangay, being a permanent deliberative
body, should have an internal operating structure defining the duties, powers and
functions of officers and sub-groups called committees that assists the body prepare
the business for collegial consideration or in-aid of legislation functions; a formal
procedural system of disposing its business; a code of conduct and decorum; etc.
The Sangguniang Barangay, as in all deliberative bodies, the MEMBERS are
CO-EQUAL and the decision of the majority after due deliberation in accordance
with democratic standards, become the COLLEGIAL DECISION, VOICE or ACT.
The tagalog title KAGAWAD means kaparehas/kasama/kapatas sa pag-GAWAD
(grant/confer) ng kapahintulutang gamitin ang mga kapangyarihang panggobyerno!
Consequently, there is a necessity for an IMPARTIAL REFEREE of the deliberative
process. Thus, the Punong Barangay, the chief executive of the barangay is assigned as
the Regular Presiding Officer of the meetings of the legislative body.
Equally important in a meeting or session is for an impartial recorder of the
proceedings and keeper/custodian of all the official records of the sangguniang barangay.
However, the LGC prohibits a sangguniang member from being appointed as permanent
or even designated as temporary Secretary of the deliberative body as this function will
distract or compete for the requisite focus and attention to his sensitive legislative
functions imposed upon a deliberating member. Hence, RA 7160 assigns the Barangay
Secretary as Secretary of the Sangguniang Barangay to record the proceedings ( events )
of the meeting or session in a recordbook called Journal from which he/she shall
prepare the Minutes for the consideration and adoption by the sangguniang barangay.
The use of tape-recording equipment/gadget by the Secretary is acceptable as a back-up
or support to his journal entries. It will be useful in validating his journal entries by
playing it back. However, it is observed that discarding the journal and totally relying
in tape-recordings contribute to the delays in the preparation of the draft minutes as
trnscribing the vocal recordings into word-for-word written record consumes the time
of the Secretary.
Effect of the absence of the Presiding Officer and Secretary
The absence of the Regular Presiding Officer or Secretary doesnt invalidate a
regular or special meeting of the sangguniang barangay unlike when there is no quorum
of members, the law strictly prohibits the substitution of absent sangguniang barangay
members with a Temporary Member OR the absent members from designating
their representative! Just as the law provides for the manner of substituting with a
Temporary Presiding Officer in case the Regular Presiding Office is unable to preside,
the Secretary may also be substituted by a Temporary Secretary by agreement or
accord of the Sangguniang Barangay at the start of the meeting or session.

Sessions/Meetings of the Sangguniang Barangay


Section 52 of RA 7160 provides:
Sessions.a) On the first day of the session immediately following the election
of its members (INAUGURAL SESSION/MEETING), the sanggunian shall,
by resolution, fix the DATE, TIME and PLACE of its regular sessions
or meetings. The minimum number of sessions shall be x x x twice a
month for the sangguniang barangay.
b) When public interest so demands, special sessions may be called
by the local chief executive or by a majority of the members of the
sanggunian.
c) All sanggunian sessions shall be open to the public unless a closeddoor session is ordered by an affirmative vote of a majority of the members
present, there being a quorum, in the public interest or for reasons of
security, decency, or morality. X x x.
d) In the case of special sessions of the sanggunian, a written notice to
the members shall be served personally at the members usual place of
residence at least twenty-four (24) hours before the special session is held.
Unless concurred in by two-thirds ( 2/3 ) votes of the sanggunian
members present, there being a quorum, no other matters may be considered
at a special session except those stated in the notice.
e) Each sanggunian shall keep a journal and record of its proceedings
which may be published upon resolution of the sanggunian concerned.
OPERATING STRUCTURE
OF THE SANGGUNIANG BARANGAY
As a permanently organized body, it is vital for the sangguniang
barangay to establish an operating structure composed of key officers and
committees, as follows:.
Key Officers and Functions
Presiding Officer
The Punong Barangay, essentially an executive official, shall act as
the REGULAR PRESIDING OFFICER during the legislative process
whose powers, duties and functions consist of the following:

1) Call the meeting (or session) to order upon determination of quorum;


2) Recognize properly the member seeking to obtain the floor;
3) Make rulings, particularly on points of order,
parliamentary inquiry, requests, and other routine
procedural matters;
4) Maintain order and decorum in the proceedings;
5) Puts a question in a motion before the assembly;
6) Puts a pending question to a vote and announces the result
of the voting;
7) Inform the body of each item of business;
8) Adjourn the meeting/session properly;
9) Declares a recess whenever he finds the necessity;
10) Perform such other duties and functions required of him by the rules of
the organization; (Sarah Corbin Robert, Roberts Rules of Order Newly
Revised, 1990 Ed.; Scott, Foresman and Company, Glenview, Illinois,
USA, p. 2-3)
11) Certify to the genuineness and due passage of any ordinance enacted
and resolutions adopted by the deliberative body in the session/meeting
over which proceedings he presided; (Section 49 (b), RA 7160)
12) Vote ONLY to break a tie (Section 49 (a), RA 7160)
NOTE: To vote in case of tie is a privilege. Thus, the PO may or may
not vote. However, the law provides VOTE TO BREAK
A TIE which contemplates that this extraordinary instance
when non-member is allowed by law to vote is an IMPOSED
DUTY which will be validly exercised only if the result of his
vote BREAKS THE TIE. There is a TIE when the number
of Affirmative is equal to the number of Negative votes. To
vote abstain doesnt fulfill the duty as the tie remains.
Thus, the only vote allowed for the PO to cast is either an
affirmative or negative vote which, undoubtedly, will fulfill
the legal purpose for imposing the duty vote only to break
the tie!.
Another reason why this DUTY is imposed on the PO
when the voting results to a tie is because this voting result
defeats the decision-making function of the sangguniang

barangay. Thus, the imposition of the duty and its faithful


exercise will fulfill that collegial function.
In his book, Robert synthesizes the duties and functions of a presiding
officer, as follows:
1) To open the meeting at the appointed time by taking the
chair and calling the meeting to order, having ascertained
that a quorum is present;
2) To announce in proper sequence the business that comes before
the assembly or becomes in order in accordance with the
prescribed order of business and with existing orders of the day;
3) To recognize members who are entitled to the floor;
4) To state and to put to vote all questions that legitimately come
before the assembly as motions or that otherwise arise in
the course of proceedings ( except questions that relate to the
presiding officer himself, and to announce the result of each
vote; or if a motion that is not in order is made, to rule
it out of order;
5) To protect the assembly from obviously frivolous or
dilatory motions by refusing to recognize them;
6) To enforce the rules relating to debate and those
relating to order and decorum within the assembly;
7) To expedite business in every way compatible with the
rights of members;
8) To decide all questions of order, subject to appeal,
unless, when in doubt, the presiding officer prefers
initially to submit such question to the assembly for
decision;
9) To respond to inquiries of members relating to
parliamentary procedure or factual information
bearing on the business of the assembly;
10) To authenticate by his or her signature, when necessary,
all acts, orders and proceedings of the assembly;
11) To declare the meeting adjourned when the assembly so
votes or, where applicable, at the time prescribed , or at

any time in the event of a sudden emergency affecting


the safety of those present. ( Sarah Corbin Robert,
supra, p. 441-442)
Given the above special duties and functions of the Presiding Officer,
he is expected to possess the following values and skills:
1) Objective, fair, impartial and credible;
2) Ability to provide leadership during deliberations and
in collegial decision-making;
3) Ability to steer members to actively and productively participate
in the deliberation of the sanggunian so the issue at hand is fully
understood before collegial decision is made ;
4) Committed to high legislative performance;
5) Ability to express his thoughts and ideas clearly;
6) Possess thorough knowledge of the sanggunian Internal
Rules of Procedure as well as Parliamentary Procedures.
Inability of Regular Presiding Officer (Punong Barangay) to Preside
In the event of the inability of the regular presiding officer to preside
at a sanggunian session, the members present constituting a quorum shall
elect from among themselves a TEMPORARY PRESIDING OFFICER. He
shall certify within ten ( 10 ) days from the passage of ordinances enacted
and resolutions adopted by the sanggunian in the session over which he
temporarily presided.
It will be noted that the determination of a TEMPORARY PRESIDING
OFFICER is not by succession but by election from among the members present,
there being a quorum. It is because each sangguniang barangay member is COEQUAL in legislative prerogatives,. Ranking among them becomes a
prerogative only in succession in case of temporary or permanent vacancy in
the Office of the Punong Barangay.
Deliberating/Voting Members
On the other hand the MEMBERS, who stand CO-EQUAL to each other
as DELIBERATING MEMBERS, enjoy no ranking preference or prerogatives
as against each other. The select group of Co-Equals, acting as a Collegial
Body, exercises the legislative function. As Co-Equal, each deliberating

member is a VOTING MEMBER and enjoys the prerogative of FULL


PARTICIPATION in the legislative process, namely:
1) TO PROPOSE or SUBMIT A MOTION
2) TO SPEAK IN DEBATE ON BUSINESS BEFORE
THE BODY
3) TO VOTE (Roberts Rules of Order, supra, p. 3)
4) TO CHAIR A REGULAR/STANDING/WORKING
COMMITTEE of the deliberative body organized
in aid of legislation.
Secretary
RA 7160 prohibits a sangguniang barangay member from being
appointed or designated in any capacity as Secretary (Section 394 (c),
RA 7160) to ensure full focus and attention to his legislative functions.
Thus, the Barangay Secretary is designated as SECRETARY of the
Sangguniang Barangay under Section 394 (d), RA 7160 with the following
duties and functions
1) Keep custody of all records of the sangguniang barangay
and the barangay assembly meetings;
2) Prepare and keep the minutes of all meetings of the sangguniang
barangay and the barangay assembly;
3) Prepare a list of members of the barangay assembly, and have
the same posted in conspicuous places within the barangay;
4) Assist in the preparation of all necessary forms for the conduct
of barangay elections, initiatives, referenda or plebiscites, in
coordination with the COMELEC;
5) Assist the municipal civil registrar in the registration of births,
deaths and marriages;
6) Keep an updated record of all inhabitants of the barangay
containing the following items of information: name, address,
place and date of birth, sex, civil status, citizens, occupation,
and such other items of information as may be prescribed by
law or ordinance;
7) Submit a report on the actual number of barangay residents as
often as may be required by the sangguniang barangay; and

8) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
COMMITTEE SYSTEM
1) The organization of the sanggunian and the election of its officers
as well as the creation of standing committees which shall include,
but shall not be limited to, the committee on appropriation, women
and family, human rights, youth and sports development,
environmental protection, and cooperatives. X x x.
Patterned after an Autralian Model, Section 50 (b)(1) of RA 7160 requires
every Sangguniang Barangay to constitute its Regular Standing or Working
Committees to perform functions in aid of legislation such as, but not
limited to, legislative research, public hearing and consultation, refinement of
legislative proposals, etc. BUT shall not DECIDE FOR THE SANGGUNIAN
because the power to approve permanently remains with the sangguniang
barangay acting as a collegial body.
The legislative committees perform assistory services to the members as
a matter of membership right as well as to the collegial body during its
legislative deliberation. Many sangguniang barangays opted to add several
standing committees such as
Committee on Agriculture/Livelihood
Committee on Infrastructure
Committee on Peace and Order
Committee on Health and Sanitation
Committee on Education
Membership in each Regular/Working/Standing Committee shall be
exclusive amongst the sangguniang barangay members. Chairmanship
thereof, therefore, shall be an exclusive prerogative of a sangguniang
barangay MEMBER.
Special/Adhoc Committees
The deliberative body can organize Special or Adhoc Committees for
specific purpose and shall automatically dissolve upon fulfillment of the
purpose of its creation and/or upon discharge by collegial decision of the
deliberative body. Its chairmanship and membership shall be upon collegial
discretion of the deliberative body and may not be an exclusive prerogative
of the members as in the regular/standing committees.

RULES OF PROCEDURE
Just like all deliberative bodies designed for collegial decisionmaking, the Sangguniang Barangay should have its rules of procedure to
ensure its productivity in an orderly and systematic manner. Fortunately,
Sangguniang Barangays can refer to parliamentary rules of procedure adopted
and refined by years of experience of similar bodies. The importance of the
Rules of Procedure is such that no less than RA 7160 emphasized in Section
50, as follows:
SECTION 50. Internal Rules of Procedure.a) On the first regular session following the election of its members
and within ninety (90) days thereafter, the sanggunian concerned
shall adopt or update its existing rules of procedure.
b) The rules of procedure shall provide for the following:
1. The organization of the sanggunian and the election of
its Officers as well as the creation of standing committees
which shall include, but not be limited to, the committees
on appropriation, women and family, human rights, youth
and sports development, environmental protection, and
cooperatives; The general jurisdiction of each committee;
and election of the chairman and members of each committee;
2. The Order and Calendar of Business for each session;
NOTE:
Order of Business is the prescribed sequence of steps
or parts of the deliberative process by which the business of
the deliberative body shall be disposed.
Calendar of Business, also known as Second Reading
and Debate, refers to the list of items scheduled or calendared
for consideration of the deliberative body. The items are prioritized
into 3 groups, namely:
A. Unfinished Business;
B. Business of the Day; and C, Unassigned Business
Second Reading and Debate consists of 4 periods, namely:
a) Period of Sponsorship;
b) Period of Committee Amendments;

c) Period of Individual Amendments; and


d) Approval on Second Reading.
1. The Legislative Process;
Art. 107 of the IRR provides for the legislative process in
local legislative bodies and prescribing a 3-Reading Order of
Business.
2. The Parliamentary Procedures which include the conduct of
members during sessions or Rules of Decorum;
NOTE: The Parliamentary Procedure contemplated is
what is commonly referred to as General Parliamentary
Law and Procedure.
3. The discipline of members for disorderly behavior and
absences without justifiable cause for four (4) consecutive
sessions, for which they may be censured, reprimanded, or
excluded from the session, suspended for not more than sixty
( 60 ) days, or expelled. Provided, That the penalty of
suspension or expulsion shall require the concurrence of at
least two-third (2/3) vote of all the sanggunian members:
Provided, further, That a member convicted by final
judgment to imprisonment of at least one (1) year for any
crime involving moral turpitude shall be automatically
expelled from the sanggunian; and
NOTE: The Sangguniang Barangay as a legislative body has
the inherent right and duty to protect the dignity and integrity
as a branch of the barangay government. Through its IRP,
it can discipline its members but in strict compliance to the
standards prescribed above.
It bears emphasizing that a
sanggunian member is not an ordinary person being a duly
constituted representative of the people. What is involved is
a Public Office and, therefore, the right of the people is also
involved.
Consequently, in addition to the above, the IRP
should provide for the procedural process whereby the subject
member and his constituencies shall be accorded the right to
due process as prescribed in the Constitution.
6

Such other rules as the sanggunian may adopt.

NOTE: It is said that since the IRP was merely adopted by the
sanggunian for its internal use and guide, it can change, suspend
or amend it when it sees fit. However, as a general rule, the Internal

Rules of Procedure adopted by the sanggunian should conform


to specific provision of RA 7160 to be valid. Moreover, the
sanggunian, can not conveniently amend, modify, suspend or amend
repeal what the law expressly prescribed as standard.
REQUISITES FOR VALID EXERCISE OF COLLEGIAL FUNCTIONS
I. The Body and its Composition are Duly Constituted By Law
a) Presiding Officer and Deliberating Members are
the same persons duly elected and qualified as such;
b) The collegial body is constituted by law and vested
with legislative powers, duties and functions
II. The Meeting is convened pursuant to law or ordinance
The recognized valid meetings of the Sanggunian are its REGULAR
MEETING or SPECIAL MEETING.
The Regular Meeting is that certain day, time and place agreed upon in the
IRP while a Special Meeting is that which is convened by a written Notice of
Special Meeting issued by the Punong Barangay or as agreed upon by the
Sanggunian in its preceding meeting or issued by at least a majority of the
members of the collegial body. The written Notice of Special Meeting shall
indicate the subject matter to be deliberated upon, delivered by the Secretary
to each member at his/her usual place of residence at least 24 hours before the
actual meeting.
III. There is a QUORUM of Deliberating MEMBERS.
QUORUM is that number of deliberating members whose presence,
when assembled in its proper place, can validly discharge the functions
of the whole collegial body.
Section 53 (a) of RA 7160 defines Quorum as A majority of all
the members of the sanggunian who have been elected and
qualified shall constitute a quorum to transact official business.
X x x.
Quorum is that number of persons of a deliberative body which,
when legally assembled in their proper places, will enable the body
to transact its proper business. (Javellana vs Tayo, L-18919,
6 SCRA 1048-1049)
In computing a quorum, the number of members necessary for

the purpose should be based on actual membership or incumbents, and


this must be limited to actual members who are not incapacitated to
discharge their duties by reason of death, incapacity, or absence from
the jurisdiction of the organization, or for other causes which make
attendance of the member concerned impossible even through coercive
process. (Avelino vs Cuenco, G.R. L-2821)
In the light of the Avelino vs Cuenco case, Unless the rules of
the organization provided otherwise, a member who is on leave
from the legislative body is considered, by his absence, under legal
disqualification and, therefore, should not be counted with the
other members for purposes of determining a majority of the entire
membership. (People vs Fuentes, 46 Phil. 22)
Section 390 of RA 7160 specifically identify the seven (7) regular
kagawads elected at large and the Chairman of the Sangguniang
Kabataan as MEMBERS. The Punong Barangay is excluded from
the computation because apart from being an executive officer, he is
specifically designated as Presiding Officer only.
In the absence of a quorum, no business can be transacted with
effect even with the unanimous consent of those present.
Decision of the Provincial Board is null and void where
said Board had no quorum when such action was taken.
( Sarandi vs Espino, 12 SCRA 585)
IV. The Legislative Act ( Ordinance or Resolution) shall be passed by
the required number of affirmative votes of the members;
RA 7160 and its IRR prescribe varying number of affirmative votes of
the members as requirement for valid passage. The number ranges from
affirmative votes of the majority, there being a quorum, Majority of all
the members, to 2/3 affirmative votes of all the members.
Legislative Acts that require the affirmative votes of the
majority of all members of the sanggunian.
1. Ordinances levying taxes, fees and charges including rates thereof;
2. Authorizing the LCE to enter into contract;
3. Granting tax exemptions, incentives& reliefs;
4. Authorizing the LCE to negotiate and contract loans and
other forms of indebtedness;
5. Authorizing bond flotation to finance development projects;
6. Authorizing the LCE to lease out proprietary properties of
LGU to private parties;

7. Ordinance granting franchise with preference for cooperatives;


8. Concurrence of appointments of head of department
(barangay secretary/treasurer for the barangay);
9. Reorganization of Committees;
10. Authorizing the Local Budget, subject to review by
next higher sanggunian
Legislative Acts requiring affirmative votes of 2/3 of all the
Members
1. Overriding of executive veto ( Note: The Punong Barangay
has no veto power);
2. Imposition of suspension or expulsion of sangguniang members
from the meeting;
3. Granting tax exemption, incentives, reliefs to entities
engaged in community growth-inducing industries;
4. Permanent/Temporary Closure of local roads, streets, alley,
park or square within the territorial jurisdiction of the LGU
subject to public hearing & posting of proposed ordinance
for 3 consecutive weeks;
Legislative Acts Requiring affirmative votes of 2/3 of the
members present, there being a quorum:
1. Inclusion of other matters for deliberation during special meeting
other than what was specified in the written Notice.;
Legislative Acts Requiring Affirmative Votes of the
Majority of the Members Present, THERE BEING A QUORUM:
1. Suspension of the rules;
2. Motion to Expunge;
3. Motion to Call Previous Question
4. Exclusion of public from session/meeting of the sanggunian;
5. Adjournment for lack of quorum
6. Authorizing payment of money or creating liability;
Amendment. Modification or repeal of ordinances enacted through
INITIATIVE require affirmative votes of of all members after
3.6 years from passage by initiative (Art. 100 ( c ) of IRR)
V. The Legislative Act is within the delegated power or authority of the
local government unit and the group of individuals convening.
As a general rule no single person or group of individuals who is not
duly constituted by law ( i.e., RA 7160) as a legislative body can legislate.

No single member or sub-group within the legislative body can legislate.


Even as a legislative body, the sanggunian of an LGU cannot validly
legislate on matters beyond the delegated power or authority of the LGU
or the legislative body.
SUBSTANTIVE REQUIREMENTS FOR VALIDITY OF ORDINANCES
Because of the sensitivity of the legislative function as it assuredly affects
the lives of the constituents, the law prescribes standards which Ordinances,
especially general ordinances enacted in the exercise of police or general
welfare power must conform, namely:
1. It must not contravene the Constitution or any statute (Legislative
Acts of Congress) or local Ordinances of higher LGUs within
whose territorial jurisdiction the LGU concerned is situated.
2. It must not be unfair or oppressive.
An ordinance is unjust or oppressive if it violates the
rights of a person, natural or juridical.
3. It must not be partial or discriminatory.
An ordinance or a provision thereof which favors a certain class
of persons or persons belonging to the same class of persons is
partial or discriminatory. (Sarmiento vs Belderol, L-15719,
May 31, 1951).
An Ordinance prohibiting Chinese residents from engaging in
any business violates this standard. Or prohibiting non-resident
to establish any business within the LGU also violates this
standard.
4. It must not prohibit but may regulate trade.
Trade or Commerce is a human activity whereby a person
possessing something of value exchanges it for something another
person possesses. Sale of own product or producing and selling a
commercial item for profit or exchanging a legitimate service for
an equivalent in money or currency.
Regulate means allowing an activity but subject to a condition
or limitation. It is not synonymous to suppress or prohibit.
(Kwong Sing vs City of Manila, 41 Phil. 103) Since an LGU is

empowered only to regulate, it cannot prohibit, trade. (People vs


Esquerra, et. al., 81 Phil 33)
An Ordinance prohibiting the sale or dispensing of liquor is
repugnant to legal substantive standards of law. But an ordinance
regulating the sale by not allowing the sale to minors is allowed.
An Ordinance prohibiting the establishment and operation of
nightclubs, dance halls, videobars and similar entertainment
violates this standard. (De La Cruz vs Paras, 123 SCRA 569)
5. It must be general in application and consistent with public policy
General Application means that an Ordinance shall always be
applied uniformly to all persons belonging to the class subject of
the regulation. Thus, an Ordinance on sari-sari store or retail
store applies uniformly to all owners of sari-sari store or retail
store. However, when a provision exempts or treats especially
someone for whatever reason ( like they are barangay or municipal
officials), such provision is repugnant to this standard.
An Ordinance is against public policy if it is injurious to the
interests of the public; contravenes an interest of society
established by law; Violates a statute; is against good morals or
tends to interfere with the public welfare or endanger public
safety. (Ongsiako vs Gamboa, 85 Phil 56)
Tax or Regulatory Ordinances
6. It must not be unreasonable
Section 147; 151; and 153 of RA 7160 provide that LGUs may
impose and collect such reasonable fees and charges. However,
the rate imposed shall only be in the amount commensurate
with the cost of regulation, inspection and licensing. If the rate
imposed is higher than the cost of regulation, inspection and
licensing, the imposition is, therefore, unreasonable.
Albeit an Ordinance is presumed to be valid and legal unless
otherwise declared by competent authority as null and void.
However, that the presumption must nevertheless be set aside
when the invalidity or unreasonableness is on the face of the
ordinance itself, or is established by proper evidence.
(Marconi vs City of Manila, 1 SCRA 310)

7. Taxation shall be uniform in each local government unit.


It is not necessary that tax rates for the same taxable item such as
tax on retail stores should be uniform in all the barangays of a
municipality. It simply means that a tax imposition of a barangay,
even if higher or lower than other barangays, shall be uniformly
applied WITHIN THE TERRITORIAL JURISDICTION OF SAID
BARANGAY. A Punong Barangay cannot impose the tax ordinance of
another barangay in his own barangay because the rate in the
ordinance of his barangay is lower.
8. Taxes, fees and charges and other impositions shall:
a) be equitable and based as far as practicable on the taxpayers
ability to pay; ( a fixed percentage, not amount) should be the
basis of computing the tax to be paid by each taxpayer);
b) be levied and collected only for public purposes;
The purpose of the power to tax is to legally generate income
to finance the operation and programs of government, not for
private entities/persons.
c) not be unjust, excessive, oppressive, or confiscatory;
A tax Ordinance imposing as penalty confiscation of the goods
of the tax payer is confiscatory. Civil Distraint ( Public
Auction) of properties of delinquent tax payer may be
resorted to in collecting a just tax debt.
d) not be contrary to law, public policy, national economic policy,
or in restraint of trade;
9. The collection of local taxes, fees and charges and other impositions
shall in no case be let to any private persons;
The collection of tax, fees and charges imposed by an LGU
cannot be assigned by the Punong Barangay or by provision in the
Ordinance to private persons or public official except those whose
regular duties and function is collection of the same.
10. The revenue collected pursuant to the taxing powers of an LGU shall
accrue SOLELY to the benefit of, and be subject to disposition by, the
local government unit levying the tax, fee or charge or other imposition
unless otherwise specifically provided therein;

An Ordinance providing for the sanggunian a fixed percentage of


collections from Flee market vendors established temporarily on a
street of the LGU during fiesta in the guise of development fund
violates this standard. As a fixed rule, all collections shall accrue to
the LGU coffers!
CHAPTER IV
LEGISLATIVE PROCESS
The Legislative function is essentially a collegial function of the legislative body.
Legislation, being a major function of government, cannot be validly exercise without
compliance to the following SUBSTANTIVE and PROCEDURAL requisites:
STAGES OF THE LEGISLATIVE PROCESS
Legislation, to be a valid governmental act, shall follow strictly the
following principal stages:
Stage I. COMPULSORY PUBLIC HEARING/CONSULTATION
(Section 186/187, RA 7160; Article 274, IRR of RA 7160)
Stage II. VALID PASSAGE BY THE SANGGUNIAN
(Art. 107, IRR of RA 7160)
Stage III. POSTING (for EFFECTIVITY)
(Section 59, RA 7160)
a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public investment
program, the same shall take effect after ten ( 10 ) days from
the date a copy thereof is posted in a bulletin board at the
entrance of the x x x barangay hall, x x x , and in at least
two (2) other conspicuous places in the local government unit
concerned.
The date of effectivity referred to other than 10 days
after completion of publication should be that which is not
earlier than but after posting or publication, as the case
may be. The date of Posting and/or publication of the
Ordinance is the reckoning point for effectivity, not the
date of passage by the sanggunian, approval by the LCE
or the completion of review. (Mabanag vs Lopez Vito),
In case no date of effectivity was provided for in the
ordinance, it shall take effect 10 days AFTER a copy is

posted and/or published .


The counting of the 10 days after begins the following
day after posting or completion of publication.
b) The secretary to the sanggunian concerned shall cause
the posting of the ordinance or resolution at the entrance
of the x x x barangay hall and in at least two (2) conspicuous
places in the local government unit concerned not later than
five (5) days after approval thereof.
The text of the ordinance or resolution shall be
disseminated and posted in Filipino or English and in the
language or dialect understood by the majority of the people
in the local government unit concerned, and the secretary to
the sanggunian shall record such fact in a book kept for the
purpose, stating the dates or approval and posting.
VALIDITY and ENFORCEABILITY of ORDINANCE are not the
same. Validity means compliance to the procedural and substantive
standards prescribed by law. Enforceability is the commencement of
the act of enforcing, hence, imposing the sanctions for non-compliance
to the ordinance. Thus, a valid Ordinance may not yet be enforceable
when the date of its effectivity has not arrived. To enforce prematurely
will result to serious liabilities for the local executive. An enforceable
Ordinance enjoys the presumption of regularity until declared by
competent authority to be otherwise OR its effectivity suspended as
consequence of legislative review.
Implementing an Ordinance after notice from competent authority
of its inconsistency with law OR suspension of its effectivity constitutes
Grave Abuse of Authority punishable by suspension or dismissal
from the service. (Section 58, RA 7160)
Stage IV. LEGISLATIVE REVIEW
(Section 57, RA 7160)
a) Within ten (10) days after its enactment, the sangguniang
barangay shall furnish copies of all barangay ordinances to
the sangguniang panlunsod or sangguniang bayan concerned
for review as to whether the ordinance is consistent with law
and city/municipal ordinances;
b) If the sangguniang panlunsod or sangguniang bayan, x x x,
fails to take action on the barangay ordinances within thirty
(30) days from receipt thereof, the same shall be deemed valid

c) If the sangguniang panlunsod or sangguniang bayan, x x x,


finds the barangay ordinances inconsistent with law or city or
municipal ordinances, the sanggunian concerned shall, within
thirty (30) days from receipt thereof, return the same with its
comments and recommendations to the sangguniang barangay
concerned for adjustment, amendment, or modification; in
which case, the effectivity of the barangay ordinance is
suspended until such time as the revision called for is
effected.
The scope of the review authority is only over compliance
to substantive requirements. The reviewing sanggunian
does not APPROVE or DISAPPROVE the ordinance of its
component LGU but CAN only declare the ordinance under
review CONSISTENT or INCONSISTENT WITH LAW.
In case of the latter, reviewing sanggunian shall declare it
INCONSISTENT WITH LAW and SUSPEND the
EFFECTIVITY or ENFORCEMENT of the same.
For a valid passage by the Sanggunian in Stage II above, the passage
shall be in accordance with an Order of Business referred to in Section 50.
RULES ON DECORUM
Decorum, in parliamentary parlance, refers to the propriety of conduct
or behavior and decency of words or speech of members of deliberative bodies.
The generally accepted rules on decorum are the following:
1. Formal reference to the Presiding Officer
The Presiding Officer shall be addressed as Mr. Chair, Mr.
Chairman , or Madam Chairman. The Presiding Officer shall
be referred to as The Chair.
2.

Formal reference to another member


Since members of a deliberative body like the sangguniang
Barangay are co-equal, decorum demands that a member should
address a colleague in the third person.

Example: The gentleman; The gentlelady; The Distinguish


Councilor; The Distinguish speaker; The distinguish Sponsor and other
appropriate respectful reference.
3. Refrain from Personalities

Personalities or derogatory words affecting a colleagues personality


should be avoided at all times. The deliberative process deals on issues,
questions or proposals, not the member himself.
Example: Assuming that a member made a wrong statement, it is
A breach of decorum to yell the gentleman is out of order
or The gentleman is wrong or The gentleman is a liar
The acceptable mode should be:
Mr. Chairman, this humble representation has reason to
believe that the statement of the distinguish speaker is
not very accurate. Or needs some correction.
4. Impartiality of the Chair
The Chair, to be effective, shall not participate in the debate by taking
sides on any pending issue or question in order to preserve his impartiality
as a Presiding Officer. He should not make statements that reveals his
side of the issue on the floor. However, the PO is allowed to summarize
each side of the issue after the speakers have all spoken. He may also ask
questions to clarify the issue or enhance the quality of discussion. He may
also give information to guide the members to an enlightened understanding
the issue preparatory to the voting.
5. Course all remarks, questions or answers to the Chair never directly to a
Colleague concerned.
Example:
Member

: Mr. Chair, will the distinguish sponsor yield


to a question or two?

Presiding Offcr:Will the gentleman yield to questions?


Sponsor

: By all means, Mr. Chair. OR Willingly, Mr.


Chair.
OR
: Mr. Chair, this humble representation prefers
to answer questions after his sponsorship
speech.

6. Speaking against ones own motion is not allowed.

A proponent is not allowed to speak against his own motion as it


will appear that he misled his colleagues. However, if and when
a members motion has transformed through amendments such that
the main or principle question has assumed a different essence, then
he may be allowed to speak against the amended motion or even vote
against it.
7. Respect to time limit
No member shall speak longer than the time allotted to a speaker
in the IRP. In case there is no provision on time limit, the practice is
it should not exceed ten (10) minutes, This rule is designed to accord
all members with the opportunity to speak.
8. Relevance of statements to the issue
All statements, questions, discussions on the floor should be germane or
relevant to the pending issue under deliberation. This is to avoid being ruled
out of order by the Chair, motu propio or by motion of a colleague.
9. No Monopoly of discussion or debate.
No member shall monopolize any discussion or debate. No member
shall speak more than twice on the same subject matter without the consent
of the body. No member shall be granted a second turn to speak until all
who wish to avail the first opportunity shall have spoken.
10. Recognition first before speaking
No member shall speak before the body unless he is duly recognized
by the Chair, except when he proposes the following motions:
-Question of privilege
-call for the orders of the day
-Reconsider
-Raise a Point of Order
-Parliamentary Inquiry
-Point of information
-Appeal from the ruling/decision of the Chair
-Divide the question
-Divide the assembly
11. No motion to adjourn when someone has the floor

A motion to adjourn is out of order if someone has the floor, whether


or not he is speaking.
12. No disruptive behavior while in session.
No member should unnecessarily move about the session hall OR
engage in conversation, OR make boisterous noise, OR jeering, or other
disruptive acts while the deliberation is on-going.
13. Civility in the conduct of members
As co-equals, members are expected to manifest proper deportment
and respect to each other. When a colleague has the floor, others should
be seated. No member shall impugn the integrity or character, or
question the motive, of another member.
ORDER OF BUSINESS
ORDER OF BUSINESS is the prescribed sequence of steps for the
disposition of business during a meeting or session which serves as guide or the
orderly and proper conduct of the proceedings.
To ensure an orderly disposition of its business during its regular meeting,
the deliberative body shall follow an Order or sequence of steps commonly
known among parliamentary bodies as Order of Business, as follows:
I.
II.
III.
IV.
V.
VI.

CALL TO ORDER
ROLL CALL ( to establish QUORUM)
DISPOSITION OF THE MINUTES OF
PREVIOUS MEETING
COMMITTEE REPORT
FIRST READING AND REFERRAL
SECOND READING AND DEBATE or
CALENDAR OF BUSINESS
A. Unfinished Business
B. Business of the Day
C. Unassigned Business

VII. THIRD and FINAL READING


VIII. ADJOURNMENT

EXPLANATION

I. CALL TO ORDER
This is the formal start of the meeting with the announcement
of the Presiding Officer to that effect. Simultaneously, the Internal
Rules of Procedure is activated.
Example: The Regular Meeting of the Sangguniang
Bayan will now come to order. (followed
by three RAPS of the gavel)
II. ROLL CALL
This is the part when quorum is ascertained by calling the roll
of members.
Presiding Officer : The Secretary will please call the roll.
Secretary
: Starts calling out aloud the names of
each
member who shall acknowledge the call
by saying HERE.
: Mr. Chair, of the eight members, seven
(7) are present. There is quorum.
OR
Presiding Officer: The Secretary will please call the roll.
Kagawad X : Mr. Chair, I move to dispense with the
Roll Call.
Kagawad Y : I second the motion
Presiding Officer: As many as are in favor to dispense with
the roll call, please say AYE. Those
oppose, say NAY
(IF APPROVED)
Roll call is dispensed.
NOTE: An approved motion to dispense the roll call
carries the presumption that there is quorum.
III. DISPOSITION OF THE MINUTES OF PREVIOUS MEETING
This is the part when the draft minutes of the previous
meeting
is presented to the body for disposition. ( It is expected that each
member had been provided a copy of the draft minutes before the
start of the meeting)
Presiding Officer : The Chair will now accept comments on the draft

minutes of the _______ Regular Meeting.


(1)
: Is there any comments on page 1?
: How about page 2?, etc.
O R
(2)
Kagawad X
: Mr. Chair, I moved to adopt the minutes as
prepared.
Kagawad Y
: I second the motion
Presiding Officer : Those in favor, raise your right hand.
: Those against, do the same
: The Minutes is ADOPTED/REJECTED (as the case
may be)
IV. FIRST READING AND REFERRAL
This is the part when drafts of proposed Ordinances and Resolutions
are first formally presented or initiated into the legislative process for
referral to appropriate committee.
The order of First Reading and Referral is:
-Draft Ordinance
-Draft Resolution
-Communications
-Others
Example
Presiding Officer : Mr. Secretary, please present the matters for first
reading:
Secretary
:Matters for first reading:
(starts presenting one at a time)
Draft Ordinance 2008-__ entitled: An Ordinance
x x x sponsored by Hon. Juan De La Cruz.
Presiding Officer : Refer to the Committee on ___________
Secretary
: Draft Resolution 2008-__ entitled: A Resolution
Authorizing the Mayor to ____________ sponsored
by Hon. Pedro Penduco.
Kagawad

:Mr. Chair, I move to refer the proposed ordinance to


the Committee on _________.
Presiding Officer : Is there any objection
: Hearing none, refer to the Committee on ______
V. COMMITTEE REPORTS

This part is reporting time for committees who have earlier notified
the Secretary of their readiness to present to the body their committee
reports on the matters assigned to them in earlier meetings.
The report shall focus on the summary of findings and recommendations
of the committee on the subject assigned to them as a result of research,
interviews, public hearing, etc. they have conducted. What is submitted to
the body for adoption is the recommendation.
Contents of a Committee Report
1. Name of the Committee
2. Brief statement of the subject matter covered by the
report and the action taken on it by the committee
3. Findings and conclusions
4. Recommendations ( either to file it away or calendar it for
consideration in second reading;
5. Names and signatures of concurring members;
dissenting members; and abstained members.
6. Appendices/Annexes (Minutes of the committee
hearings, meetings/public hearing, etc.
Presiding Officer : Mr. Secretary, what is the first item under
Committee Report?
Secretary
: The Committee on _______ is ready to report,
Mr. Chair.
Presiding Officer : The Committee on ______ has the floor.
Thereupon, the Chairman of the Committee concerned
will take the floor and address the body.
Chairman
:We, therefore, respectfully recommend that Draft
Ordinance No. 2008-__ be considered for second
reading.
Kagawad V
: Mr. Chair, I move to adopt the recommendation of
the Committee.
(IF MOTION IS APPROVED)
Presiding Officer : Mr. Secretary, please forward the Committee Report
to the Committee on Rules for calendaring under
Second Reading.
VI. CALENDAR OF BUSINESS (also SECOND READING AND DEBATE)
This stage is the heart of the legislative process. The Calendar of
Business is the official list of specific proposals or measures intended or
calendared to be acted upon during the session or meeting of the
deliberative body. It is the equivalent of AGENDA which refers to the
list of items of business to be taken up at the meeting of a non-legislative

body.
The CALENDAR OF BUSINESS has three (3) parts, namely:
a) Unfinished Business
b) Business of the Day
c) Unassigned Business
Every new matter calendared for Second Reading and Debate shall be
initiated into the legislative process under Item B. Business of the Day
and shall undergo four (4) Periods, namely:
I. Period of Sponsorship
II. Period for Committee Amendments
III. Period for Individual Amendments
IV. Approval on Second Reading
If the deliberation stops at any of the period, said matter shall be
continued to the next period under Item A. Unfinished Business in the
next meeting until Approval on Second Reading.. Matters approved on
second reading shall be calendared for the Third and Final Reading in
the next meeting.
A Resolution shall be enacted in the same manner prescribed
for an Ordinance, except that it need not go through a third
reading for its final consideration unless decided otherwise
by a majority of the sanggunian members present.
(Art. 107 ( c ) of IRR of RA 7160)
No Ordinance or Resolution shall be considered on Second
Reading in any regular meeting unless it has been reported
Out by the proper committee to which it was referred
( or certified as urgent by the local chief executive).
(Art. 107 (d), IRR of RA 7160)
VII. THIRD AND FINAL READING
f) The secretary to the sanggunian shall prepare copies of
the proposed Ordinance or Resolutions in the form it was
passed on second reading, and shall distribute to each
sanggunian member a copy thereof x x x x x.
(Art. 107 of the IRR of RA 7160)
This is the last stage of the legislative process in the Sangguniang
Barangay because debate is no longer expected after passing through

the crucible of intellectual scrutiny and debate during the second reading
and debate. Moreover, approval on second reading is not a guarantee
that the measure will pass this final stage.
At this stage, the measure is called on the floor for the members to cast
their respective final vote.
Presiding Officer: We are now on Third and Final Reading.
Mr. Secretary, please call out the items for the
third and final reading.
Secretary
: (Rises) First item for third and final reading:
: Draft Ordinance No. 2008-__ entitled: ____
sponsored by Hon. Juan De La Cruz.
Presiding Officer : As many as are in favor, please rise. (Counts)
As many as are against, do the same (Counts)
:Draft Ordinance 2008-_ is APPROVED/LOST.
(as the case may be) If Approved: The Secretary
will secure the signature of those who voted for its
approval in the original copy.
(h) Upon the passage of all Ordinances and Resolutions
directing the payment of money or creating a liability,
and at the request of any member, the sangguniang
secretary shall record the ayes and the nays. Each
approved Ordinance or Resolution shall be stamped
with the seal of the Sanggunian and recorded in a book
kept for the purpose.
(Art. 107 of the IRR of RA 7160)
IX.

ADJOURNMENT
This is the formal end of the meeting. This is done by the
formal declaration by the Presiding Officer, motu propio,
(if he is certain there is no more matter or business to
take up) Or upon motion, with the rapping of the gavel.
Presiding Officer : There being no more matters to take up
and if there are no objection, the Chair will
declare the meeting adjourned. Is there
any objection?
Hearing none, the meeting is now
adjourned! (Raps the gavel thrice)

NOTE:
The Legislative Process described in Art. 107 of the IRR of RA 7160

should be contemplated together with Section 54 and 55 of RA 7160 as part


of the legislative process.
Sec. 54. Approval of Ordinance.
( c ) Ordinances enacted by the Sangguniang Barangay
shall, upon approval by the majority of all its
members, be signed by the punong barangay.
NOTE: Section 54 and 55 of RA 7160 do not contemplate to vest
the VETO power upon the Punong Barangay. Section 55
(b) clearly express this. What is not clear, though, is the
signature contemplated for the Punong Barangay.
Sec. 55 (b) doesnt regard the punong barangay as a
deliberating member! Section 54 (a) doesnt include the
PB among the LCEs vested with the power of executive
approval over legislative acts of sanggunian of respective
LGUs clearly excepting the Sangguniang Barangay!
The VETO power provided in Section 55 is an incident of
the Power of Executive Approval.
Sec. 49, however,
assigns the PB as Presiding Officer who, under general
Parliamentary Practice, certifies to the authenticity or
genuineness as well as the due passage of all legislative
acts passed by the deliberative body in its meetings over
which he presided.
There seems that there is no other conclusion on
the nature of the signature of the PB except as Presiding
Officer.
CHAPTER V
DYNAMICS OF
PARLIAMENTARY PROCEDURE
Parliamentary procedure is the method of conducting business in a deliberative
body in an orderly, systematic and democratic manner. Understanding its basic
principles imbues one with insights to the intelligent and systematic discussion of
issues constituting the core of the legislative process. Parliamentary procedure greatly
facilitates any discussion and systematizes the disposition of business in as democratic
a manner as possible.
The roots of parliamentary procedure may be traced to the days of the Greek

and Roman Empires where assemblies were formed in which people deliberated and
decide on community issues. The term parliament was coined in England at the end
of the 13th Century and its application of the deliberating procedures and practice of
ancient Greece and the Roman empire was applied and refined by the English
Parliament. Said deliberating principles and practice were later referred to as
parliamentary Procedures which was brought into America by English settlers at the
setting of the so-called New World. The basic principles and practice were refined by
legislative bodies in the New World and evolved into what is now termed as General
Parliamentary Law and Practice.
The basic principles and practices of Parliamentary law traces its roots to a
democratic culture, hence, reflective of the ideals and principles of democracy.
Parliamentary procedure is designed to enable an assembly determine the will of the
majority on any question before it, utilizing a methodology that enables those holding
minority views equal opportunity to be heard.
Hence, every deliberative body is presumed to be bound rules of procedure
whereby business can be introduced into and disposed of by the collegial body in
the deliberative process.
Sanggunians, designed as legislative bodies, are
democratic deliberative bodies wherein the community, through their duly constituted
representatives, discuss fully any issue or question brought before it to arrive at the
determination of the will of the community employing a methodology that ensures the
minority the opportunity to be heard.
The necessity of a referee.
Due to the CO-EQUAL status of the deliberating members of the sangguniang
barangay as SPOKESMEN of the CONSTITUENCY, a PRESIDING OFFICER
(synonymous to a REFEREE) shall be assigned to manage the deliberation of the
members in accordance with the IRP. Under the LGC, the Presiding Officer doesnt
come from amongst the deliberating members but from the executive branch of the
barangay government who is expected to be IMPARTIAL and CREDIBLE in the
enforcement of the IRP.
Due to the special circumstances of the barangay, the dynamics of parliamentary
procedure herein presented had been deliberately confined to the most basic essentialities
without prejudicing the quality of the parliamentary dynamics.
MOTION
MOTION is a proposal by a deliberating member asking the collegial body to
perform a collegial act. If the motion affects the rights of co-equal, a full debate ensues
and when approved, the body is bound to perform the act sought. Those expressing
contrary stand are expected to respect the collegial decision and consider themselves
equally bound.

A motion that introduces a substantive question as a NEW SUBJECT is called


ORIGINAL MAIN MOTION. Since the objective is to introduce a NEW subject,
this motion is proffered only when there is no pending matter on the floor. This is a
cardinal principle in parliamentary procedure.
A motion incidental to or relates to the business of the assembly or its
past or future actions is called INCIDENTAL MAIN MOTION. If approved,
a SUBJECT is ON THE FLOOR or BEFORE THE CHAIR for collegial disposition.
Example:
Take From the Table
Rescind Something Previously Adopted or
Amend a pending proposal
Discharge a Committee
Reconsider
ILLUSTRATION
Take From the Table
This motion seeks to recall and present on the floor a subject previously
Laid on the Table or archived or shelved upon direction of the body. If the
motion if approved, the subject matter is before the body for consideration.
_____________________________________________________________
Kagawad X
: Mr. Chair, I move that the Proposed Ordinance entitled:
X x x which was laid on the table in our previous meeting
be taken from the table.
Kagawad Y : I second the motion.
Presiding Officer : It has been moved and seconded that we take from the table
Proposed Ordinance entitled: x x x. which was previously
laid on the table.
Is there a discussion on the motion/question?
(SILENCE)
Seeing none, as many as are in favor of the motion, raise
your right hand
As many as are against, do the same.
(AFTER ASCERTAINING THE VOTES, the Chair
announces the result.)
The YES has it Proposed Ordinance entitled: x x x is
now on the table. What is the pleasure of the body?
Kagawad X
: Mr. Chair, I move that we refer the proposed Ordinance to
the Committee on __________. .
Presiding Officer: Mr. Secretary, search for the said ordinance and refer it to
the Committee on ______________.

___________________________________________________
Rescind or Amend something previously adopted
This motion seeks to withdraw totally or in whole OR amend a previous
decision of the body on a subject and when adopted, brings again said subject
matter before the body for consideration and decision.
___________________________________________________________
Kagawad X : Mr. Chair,
___________________________________________________________
Discharge a Committee
This motion seeks to discharge or release a committee from a current
assignment from the body. When approved, the assignment is free to be assigned
to another committee or disposed by the body.
By general practice, there is no need to discharge a regular committee
after it has completed its assignment. However, when it is discovered that the
subject was erroneously referred to a committee; OR refer the matter for further
treatment by another Regular committee; OR it is a better option to create a
Special Committee to handle the subject matter, then, there is a need to
discharge the committee first assigned.
____________________________________________________________
Kagawad X : (After recognition) Mr. Chair, I move to discharge the
Committee on ____________ from its assignment on Draft
Ordinance __________.
Kagawad Y : I second the motion
Presiding Offcr: It has been moved that Committee __________ be discharged
from its assignment over Draft Ordinance _____________.
Is there any objection or debate?
(SILENCE)
Hearing none, those in favor please say AYE. Those
against, say NAY
The motion is carried.
(The assignment was recalled by the body and is now on the
table for disposition)
What is the pleasure of the body on Draft Ordinance ______?
Kagawad Z : ( the member can now propose its disposition)
_____________________________________________________________________
Reconsider

This motion seeks for the assembly to reconsider or review a decision just
made on a question after manifestation through votes. This must be proposed
only at the same session where the question sought to be reconsidered had been
decided.
___________________________________________________________
AFTER THE RESULT OF VOTES IS ANNOUNCED
and without waiting for any matter to intervene
Kagawad X : Mr. Chair, I move that the body reconsider its decision.
Kagawad Y : I second the motion.
Presiding Offcr: It has been moved and seconded that the body reconsider its
decision just announced.
Kagawad X, please state your justifications for your motion.
Kagawad X

: Thank you, Mr., Chair. Colleagues, ladies and gentlemen, I


Moved for the reconsideration of the decision because of the
following reasons: {.Explains his reasons )

Presiding Offcr : Is there any discussion or debate?


(DEBATE WILL ENSUE)
Presiding Offcr : (Upon motion or motu propio)
As many as are in favor that the decision be reconsidered,
raise your right hand.
As many as are against, do the same.
(ANNOUNCES THE RESULT)
The NO has it, the motion is defeated. The decision
remains.
The YES has it. The decision is reconsidered.
Kagawad X : Mr. Chair, I move that we lay the question on the table.
____________________________________________________________
SECONDARY MOTIONS
A basic or fundamental principle of parliamentary law and practice
provides:
Only one question can be considered at a time; once a MAIN
MOTION is before the assembly, it must be adopted or rejected by
a vote, Or the assembly must take action disposing of the
question in some other way, before any other business ( EXCEPT
certain matters called privileged questions) can be brought up.
(Sarah Corbin Robert, Roberts Rules of Order Newly Revised ,
1990 Edition, The Scott, Foresman & Co., Glenview, Illinois, p. 58.)

It is from this basic and fundamental principle from which SECONDARY


MOTIONS evolved, namely: Privileged Motions; Subsidiary Motions ; and
Incidental Motions. Since, by function, Secondary motions are designed to
expedite the disposition of the Main Motion, Secondary Motions takes precedence
in disposition before the MAIN MOTION.
However, among the secondary motions, Privilege Motions takes
precedence for collegial action over Subsidiary Motions and/or Incidental
Motions. Between Subsidiary Motions and Incidental Motions, the latter
gives in to the former for disposition by the body.
PRIVILEGED MOTION
A class of motions which do not directly relate to the pending
Business but have to do with special matters of immediate and
overriding importance which, without debate, should be allowed to
interrupt the consideration of anything else.
Example:
Fix the Time at Which to Adjourn
To Adjourn
Take a Recess
Raise a Question of Privilege
Call for the Order of the Day
ILLUSTRATION
Fix the Time at which to Adjourn
This motion seeks to provide a future time for the adjournment
of the meeting in progress or for an adjourned meeting. This motion
becomes a privileged motion when made while another question is
pending or when the body has not made any provision for the succeeding
regular meeting It is in order even in the absence of a quorum or even
after it had been voted to adjourn provided the meeting had not yet been
declared by the Chair as finally adjourned. The form is usually thus:
_________________________________________________________
Presiding Officer: What is the pleasure of Kagawad X?
Kagawad X
: Mr. Chairman, I move that we adjourn at exactly
3:00 PM today OR I move that when we adjourn,
we stand adjourned to meet on Saturday at 6:00 in
the evening here at the Barangay Hall.
Kagawad Y

: I second the motion.

Presiding Officer: Is there any discussion?


(Discussion ensues, if any. Should there be none:)
As many as are in favor that we adjourn at exactly
5:00 PM, please raise your right hand.
As many as are against, do the same.
The motion is carried. (or the motion is lost.)
We now proceed with the business at hand.
_________________________________________________________
Adjourn
This motion seeks to formally terminate the meeting in progress
upon approval. This motion is privileged when no condition is set as
precondition for adjournment. No debate is entertained in a privileged
motion to adjourn. The Chair immediately puts the question to the body
for voting. Once approved, the meeting is adjourned.
The form will be, thus:
_________________________________________________________
Kagawad X
: (Upon recognition by the Chair.) Mr. Chair, I move that we
adjourn.
Kagawad Y
: I second the motion.
Presiding Offcr : It has been moved and seconded that we adjourn.
As many as are in favor, say Aye
As many as are against, say Nay
The motion is carried
The meeting is adjourned.
(IF THE MOTION IS LOST)
The motion is LOST.
We now continue with the business.
_________________________________________________________
This motion is a qualified motion when a condition is set as
precondition and thus require debate over the condition. The form, is thus:
_________________________________________________________
Kagawad X
: (After recognition by the Chair) Mr. Chair, I move that we
adjourn after consideration of the Unfinished Business.
Kagawad Y
: I second the motion.
Presiding Offcr : It has been moved and seconded that we adjourn after
consideration of the Unfinished Business.
:
Is there any discussion?
(IF THERE IS NONE, the PO puts the question to vote)
(IF THERE IS DISCUSSION, after the last speaker, the PO
puts the question to vote.)
As many as are in favor, raise your right hands

As many as are against, raise your right hand.


The motion is carried or lost, as the case may be.
(IF APPROVED)
We resume the business until after consideration of the
Unfinished Business.
(IF MOTION IS LOST)
We resume the business.
_________________________________________________________
Take a Recess
A recess is an intermission in the proceedings. When the body
reconvenes after the recess, business is resumed as if there had been no
interruption. This motion may be proposed by any member or muto propio
by the Presiding Officer. The motion needs no second and is undebatable.
Once approved, the Chair declares the recess as moved. As a general rule,
recess may not be declared beyond the meeting day or when the body is
engaged in voting. While it is generally accepted that a motion for recess
may not be made while a member has the floor, it is likewise accepted that
the member who has the floor himself may make the motion, to allow him
some time, perhaps, to avail of certain documents which are not in his
possession but which he may need to support certain proposals he intend
to make while on the floor. The procedure is usually, thus:
____________________________________________________________
Kagawad X
: Mr. Chair, I move for a 15 minute recess.
Presiding Officer : 15 minute recess is declared. Its now 10:00. We reconvene
at exactly 10:15. (bangs the gavel)
___________________________________________________________
Raise A Question of (Individual/Collective) Privilege
A question of privilege may be raised either to make a simple request for
the Chair to act on a matter pertaining to the rights and privileges of the movant
(personal privilege) or that of the collegial body (collective privilege), such as
but not limited to, seating arrangement, defects in lighting or ventilation,
control of noise and other disturbances, conduct of officers and members, etc,
termed simply as question of privilege. The usual procedure is, thus:
_________________________________________________________
Kagawad X

: Mr. Chair, a question of privilege OR


Mr. Chair, I rise on a question of privilege.
Presiding Officer: Yes, Mr. Kagawad X, please state your question
of privilege.
Kagawad X
: I request that the speaker be asked to speak a little louder

OR I request that the audience be asked to refrain from


moving about or making unnecessary noise because it is
distracting our attention on the business at hand.
Presiding Officer: Request is granted.
The speaker will please speak a little louder OR
The audience is requested to refrain from moving about
or making unnecessary noise so as not to disturb the ongoing deliberation.
_______________________________________________________________
Call For the Order of the Day
This motion generally seeks to call the attention of the body that the
on-going discussion has deviated from the Order of Business for the meeting
usually presented, thus:
______________________________________________________________
Kagawad X
: Mr. Chairman, I call for the Order of the Day.
Presiding Officer: If there is no objection, we shall now proceed to the
(part of the Order of Business prior to the deviation).
IF THERE IS AN OBJECTION, the Chair immediately
puts the question to vote.
____________________________________________________________
A motion to call for the order of the day does not require a second; not
debatable and may not be subject of amendment.
SUBSIDIARY MOTION
A class of motions that assists the assembly in treating,
disposing or avoiding action on the pending motion.
Example:
Lay on the Table
Call the Previous Question
Modify the Limits of Debate
Postpone Definitely
Commit or Refer to a Committee
Amend
Postpone Indefintely
ILLUSTRATION
Lay on the Table

This motion seeks to postpone the consideration of the pending


question to a later indefinite time to enable the body/assembly to attend to
more urgent business.
___________________________________________________
Kagawad X : Mr. Chair, I move to lay on the table the consideration
on the pending question.
Kagawad Y : I second the motion
Presiding Offcr: It has been moved and seconded to lay on the table
Xxx.
As many as are in favor, raise your right hands
As many as are against, do the same.
The motion is carried/lost
_____________________________________________________
Call the Previous Question
A motion calling the previous question is a proposal to close the
long-winding debate on a pending question and to put it immediately to a
vote. Sometimes this motion is also referred to as a motion to suppress
debate or a motion to put the question to vote immediately
It must be remembered that the approval of a motion to call the
previous question merely mean that only the cessation of the debate was
approved exclusive of the previous question. Since this motion infringes
on the fundamental parliamentary principle of full and free debate, it
generally requires the approval of two-thirds of the members. This motion
cannot be made while a member has the floor. It needs a second and it is
not debatable or subject to amendment. If approved, it is subject to a
motion for reconsideration.
_____________________________________________________
(AFTER A WINDING DEBATE ON THE QUESTION
TO INCREASE THE FINE FOR ABSENCE FROM
MEETING OF THE SANGGUNIAN)
Kagawad X : Mr. Chair
Presiding Offcr : Yes, what is the pleasure of the gentleman?
Kagawad X
: Mr. Chair, I move to call for the previous question on
the motion to increase the fine for absence in meetings
of the sanggunian from P100.00 to P500.00 per
meeting missed.
Kagawad Y : I second the motion
Presiding Offcr :It has been moved and seconded to call the question
to increase the fine for absences from sangguniang
session from P100.00 to P500.00 per session missed.
As many as are in favor, raise your right hand
As many as are against, do the same.
The Motion is carried.

(What was approved was for the debate to stop and for
voting on the pending main question.)
The question on the table is to increase x x x x x.
As many as are in favor, raise your right hand.
As many as are against, do the same.
The motion is carried.
______________________________________________
Modify the Limits of Debate
Time limits for each speaker, the number of speakers for each
side are usually provided for in the Internal rules of Procedure of the
assembly. If the time limit is too short or too long; or the number of
speakers for each side is inadequate or too numerous, a motion to
modify the said limits of the debate only for that meeting is used.
This cannot be made while a member has the floor. It needs
second, may be amended, and requires a higher affirmative votes for
approval because it infringes on the fundamental principle of free and
full debate.
________________________________________________
Kagawad X : Mr. Chair
Presiding Offcr : Yes, what is the pleasure of the gentleman?
Kagawad X : Mr. Chair, I move to limit the time of each speaker in
the pending question to five minutes each. OR
I move to extend the debate on the pending question
to one hour. OR
I move to allow debate on the pending question to
two (2) speakers for each side OR
I move that the debate on the pending question be
closed at five oclock and that a vote be taken on
the issue at that time.
Kagawad Y : I second the motion.
Presiding Offcr : It has been moved and seconded to ------------(whichever was moved)
As many as are in favor, please stand.
As many as are against, raise your right hand.
The Motion is carried.
(The Chair informs the assembly of the approved
limits of the debate on the pending issue for their
guidance and observance)
__________________________________________________

Postpone Definitely
This motion is similar to the motion to postpone indefinitely except
that this motion fixes a definite future time for the consideration of the
pending question sought to be postponed. This is usually made when it is
felt that the body/assembly is not prepared to discuss or act on the
question before it, or that the time is not opportune for its consideration,
or to give way to more important business.
The time of the postponement should be proximate enough and
should in no case amount to an indefinite postponement or result in the
defeat of the question sought to be postponed.
This motion cannot be given while a member has the floor. It
needs a second and is subject to a motion for reconsideration. It is
debatable only as to the time of proposed postponement, and does
not open the main question to debate. It may be amended but only as
to the duration of the postponement.
____________________________________________________
Kagawad X : Mr. Chair.
Presiding Offcr : What is the pleasure of the gentleman?
Kagawad X : Mr. Chair, I move to postpone the consideration of
Draft Ordinance ___ until after the treasurer renders
his report. OR
: I move to postpone the consideration of the draft
ordinance in our next regular meeting.
Kagawad Y : I second the motion
Presiding Offcr : It has been moved and seconded that the consideration
of draft ordinance be postponed ( state the future time
proposed)
As many as are in favor, please rise.
Those against, please do the same.
The motion is carried or the Motion is lost.
__________________________________________________
Commit or Refer to a Committee
Committees are small working units through which an organization
carries out most of its functions. It is to these more or less specialized
units that questions brought before the sanggunian are referred wither for
study, investigation, recommendation, or execution.
A question may be referred to a standing committee, a special
committee, or a committee of the whole, depending upon the nature of the
subject and the wish of the body.

A motion to commit or refer cannot be made while a member has


the floor. It should be seconded and requires only a simple majority vote.
It is debatable but only as to the propriety of committing the question and
to which committee it should be referred. It may be amended but only as
to the composition of, and instructions to, the committee.
________________________________________________
(AFTER A WINDING DISCUSSION AND NO INDICATION OF AN
EARLY DISPOSITION BECAUSE OF THE COMPLEXITY OF THE
QUESTION)
Kagawad

X : Mr. Chair, I move that we assign the question to a


Special Committee to conduct a thorough research on
it and submit a recommendation.

Kagawad Y : I second the motion


Presiding Offcr: It has been moved that ______________________
Any reaction?
Hearing none, as many as are in favor, say AYE. As
many as are against, say NAY
The motion is carried.
What is the pleasure of the body on this Special
Committee?
_________________________________________________
Amend
To amend means to change or modify. An amendment may be
effected either by insertion, by elimination or substitution of a word,
phrase, clause, or of an entire section or paragraph.
An amendment should be germane or relevant to the question it
is applied. If the question, for instance, is to require the Treasurer to
explain his failure to furnish the sanggunian a copy of his financial
statement for the previous month , to add the phrase and recommend
his suspension by way of amendment, would not be relevant to the
question and should be ruled out of order by the chair. Example:
____________________________________________________
(Question on Issue: That the Municipal Mayor be requested to furnish
the sanggunian a copy of the financial statement of the Municipality.
Kagawad

X : (After recognition) I move to amend the motion by


inserting the words monthly before the word
financial (Amendment by insertion) OR

: I move to add the words certified correct by the


treasurer after the word municipality.(Amendment
by addition)
: I move that in lieu of the original proposal, the
proposal should read as follows: The Treasurer shall
furnish the sanggunian a copy of his official monthly
statement of income and expenditure within 5 days of
the ensuing month . (Amendment by substitution)
Kagawad Y :I second the motion
Presiding Offcr : It has been moved to amend the question by ..
As many as are in favor, raise your hand
As many as are against, please rise.
The motion is carried. The amended motion on the
floor reads, as follows: (states.
_________________________________________________
An amendment which merely negates an affirmative proposition
is likewise out of order. If the motion is to constitute a special task
force, an amendment which proposes not to constitute a special task
force, would be out of order.
Amendments are of two degrees: An amendment to a main motion
or question is an amendment of the first degree, while an amendment
to an amendment is an amendment of the second degree. No
amendment can be proposed thereafter until the first of a second degree
amendment has been acted upon by the body.
Amendments are voted upon in the reverse. That is, the
amendment of the second degree is voted upon first, and, if this is lost,
the amendment of the first degree is voted upon next. If the amendment
to the amendment is lost, a new amendment of the same degree may be
proposed, in the same manner that another amendment of the first degree
may be introduced if the earlier one is lost. The amendment of the
second degree, if carried, replaces or modifies the amendment of the
first degree.
Amendments are debatable and must be seconded, except when
accepted by the proponent of the main motion. To save time, the
proponent of a main motion may accept an amendment from other
members BEFORE THE CHAIR STATES THE QUESTION ON
THE MOTION, in which case, the amendment becomes part of the
original motion without need for voting on the amendment itself.
_____________________________________________________
Kagawad X : I move that we invite the Provincial Governor to

grace our meeting.


Kagawad Y : I second the motion.
Kagawad A : Mr. Chair, will the proponent accept an amendment?
Presiding Offcr: The gentleman will please state his proposed
amendment.
Kagawad A :The proposed amendment consists of adding after the
word meeting the phrase: on Saturday at 9:00 in the
morning, November 15, 2008.
Presiding Offcr : What does the proponent say?
Kagawad X : (After consulting Kagawad Y and if the latter accepts)
: I accept the amendment.
Presiding Offcr :The amendment is accepted. The question on the
motion is: To invite the Provincial Governor to grace
our meeting on Saturday at 9:00 in the morning,
November 15, 2008.
Is there any further amendment?
(SILENCE)
Is there any debate
(SILENCE)
There being none, the Chair calls for a vote on the
question. As many as are in favor, . . . . . . etc..
_____________________________________________________
Postpone Indefinitely
The purpose of a motion to postpone indefinitely is to suppress or
reject a question without allowing it to be voted upon on its merits.
Approval of this motion is virtually a negative vote on the main question,
and anyone desiring to bring up the same question at a future meeting
may do so only by proposing it anew.
_________________________________________________
Kagawad X : I move that discussion of the motion/question now
before this body be postponed indefinitely.
Kagawad Y : I second the motion.
Presiding Offcr : It has been moved and seconded that the question now
before this body be postponed indefinitely.
: Is there a debate?
(SILENCE)
: Hearing none, the Chair will take the vote on the
question. As many as are in favor, x x x x x
__________________________________________________
In practice, the motion to postpone indefinitely is employed to
dispose of an ill-advised motion that may prove embarrassing to the
sanggunian whether adopted or rejected.

The motion cannot be made while a member has the floor. It must
be seconded and cannot be amended. It is debatable and requires only a
simple majority vote of members present for approval.

INCIDENTAL MOTIONS
A class of motions that are considered incidental to the
other motion or matter out of which it arises and generally
requiring their immediate disposition before business can
proceed. They have no individual or collective ranking and
have no order of precedence among themselves. While they
arise only incidentally out of the pending question , they take
precedence in disposition before the question from which they
arise.
Example:
Point of Order
Appeal From the Ruling of the Chair
Divide the Question
Divide the Assembly
Parliamentary Inquiry
Point of Information
Withdraw a Motion
ILLUSTRATION
Point of Order
This motion seeks to call attention to an error or mistake in the
procedure or rules of order for immediate correction. This can be made
even when someone has the floor, and needs no second , cannot be
amended and not debatable.
_________________________________________________
(When an error is spotted)
Kagawad X
: Mr. Chair, Point of Order.
Presiding Offcr : (Motions the member on the floor to stop)
: Yes, please state your point of order.
Kagawad X
: The point of Order is that there is a pending main
motion and the motion under consideration is a
main motion.
Presiding Officer: The point of order is well taken. The motion under
consideration is out of order and, therefore,
withdrawn.

:The issue now on the table is (state the pending main


motion)
________________________________________________

Appeal From the Ruling of the Chair


This motion seeks to submit to the body the ruling just issued by
the Presiding Officer if the member believes that the ruling is an error.
_________________________________________________
Kagawad X : Mr. Chair, I appeal from the ruling of the Chair.
Kagawad Y : I second the motion.

Suspend the Rules


Divide the Question
Divide the Assembly
Parliamentary Inquiry
Point of Information
Withdraw a Motion

PRECEDENCE OF MOTIONS
PRIVILEGED MOTION
1.
2.
3.
4.
5.

Fix the Time at which to Adjourn


To Adjourn
To Take a Recess
Raise A Question of Individual/Collective Privilege
Call For the Orders of the Day
SUBSIDIARY MOTION

6.
7.
8.
9.
10.
11.
12.

Lay On the Table


Call the Previous Question
Limit or Extend Limits of Debate
Postpone Definitely
Commit or Refer to a Committee
Amend
Postpone Indefinitely

MAIN MOTION
13. a) Original/General MAIN MOTION
b) Incidental/Specific MAIN MOTION
Take From the Table
Reconsider
Rescind or Repeal Something Previously Adopted
Expunge
Discharge a Committee
INCIDENTAL MOTIONS
Without individual or collective ranking or order of
precedence among themselves. They arise only
incidentally out of the pending question. They take
precedence over the question from which they arise:
Point of Order
Appeal From the Decision/Ruling of the Chair
Withdraw or Modify Motion
Suspend the Rules
Divide the Question
Divise the Assembly
Parliamentary Inquiry
Point of Information
BASIC STEPS IN HANDLING AND DISPOSITION OF A MOTION
STEP 1- A member makes the motion (after the Chair recognizes him)
STEP 2- Another member SECONDS the MOTION (if needing second)
NOTE: According to Robert, The requirement of a second
is for the chairs guidance as to whether he should state the
question on the motion, thus placing it before the assembly.
Its purpose is to prevent time from being consumed by the
assemblys having to dispose of a motion that only one person
wants to see introduced. (Sarah Corbin Robert, Roberts Rules
of Order Newly Revised, 1990 Ed., Scott, Foresman & Co., Glenview,
Illinois, p. 35)
It is, likewise, that in deliberative bodies where the members
represent themselves, seconding is indispensable. In representative

bodies like the sanggunian, seconding a motion may be dispensed


with because the mandate of the sanggunian member as duly
authorized representative of the electorate is more than enough
second to the members motion (Antonio R. Laurora, Guide to
Local Legislation, . )
STEP 3- The Chair states the question on the motion
STEP 4- Members debate the motion;
STEP 5- The Chair puts the question;
STEP 6- The Chair announces the result of the vote.
RULES ON INTERPELLATION
The following are the generally accepted rules on interpellation:
1. BE HONEST IN ASKING QUESTION: In deliberative bodies, it is often
necessary and indispensable for members to seek clarification on certain
issues, proposals, or any other matters being discussed. However, there are
instances where a member asks questions not for the purpose of seeking
clarification but for self-aggrandizement because it is obvious that the
interpellator already know the answer to his question but he only wish to
project himself as more knowledgeable or worst, to embarrass the respondent.
This undignified style should be discouraged.
2. AVOID EMBARRASSING QUESTIONS. Every member interpellating a
fellow member should always accord due respect to a colleague by carefully
framing his question to avoid embarrassing or humiliating his colleague.
3. DO NOT CROSS-EXAMINE OR INTERROGATE A COLLEAGUE
The art of interpellation is different from the art of cross examination or
interrogation. Cross-examination is for lawyers during a court hearing
while interrogation is for police officers or persons authorized to conduct
inquisition or investigative proceedings. Interpellation is more adaptable
in deliberative assemblies as the predominant purpose of its proceedings is
the cross-pollination or integration of the knowledge, experiences and
the views of members on an issue for an enlightened collegial decisionmaking.
4. AVOID ASKING MORE THAN TWO (2) SUCCESSIVE QUESTIONS
AT A TIME.

As a rule, every member is entitled to ask one ( 1 ) question at a time.


However, he may be allowed another one called follow-up question after
other members have availed of this right. Propriety and basic protocol
demands that after asking his question, the member should first sit down
and allow other members to ask their questions. Usually, the Presiding
Officer would inquire who has a follow-up question or a member would
request for a round for same. If he is the only one with a follow-up
question, he may seek recognition from the Chair to be allowed to ask it
by saying, Mr. Chair, follow-up question, please.
The best practice is to allow the speaker to finish his talk and thereafter,
The Presiding Officer may ask if the speaker can entertain questions. If
many members signifies the desire to ask, the Presiding Officer shall
moderate and set the sequence of interpellators, and thereafter, another
round for follow-up questions.
5. GRACIOUSLY ACKNOWLEGE THE ANSWER . As a manifestation of
respect, a member who asked a question should be polite enough to
acknowledge the answer whether or not to his satisfaction. He should say
thank you even only for the opportunity to ask his question.
6. NEVER ARGUE WITH THE RESPONDENT. The interpellator should
never argue with the respondent. If the respondent failed to answer the
question to the interpellators question, the latter can exercise his privilege
to vote against the proposal of the respondent. Or the interpellator may
speak against the proposal when the appropriate time comes.
CHAPTER VI
LEGISLATIVE ACTS
DOCUMENTS AND RECORDS
A Legislative body speaks only through its Legislative Acts which are
ORDINANCE or RESOLUTION.
ART. 107 of the IRR of RA 7160 provides:
a) Legislative actions of a general and permanent character shall
be enacted in the form of Ordinance; while those which are of
temporary character shall be passed in the form of Resolutions.
Matters relating to proprietary functions and to private concerns
shall also be acted upon by Resolution.

An ORDINANCE is a local law, a regulation of a general, permanent


nature, and a rule established by authority for compliance of its
inhabitants and those who sojourn within its territorial jurisdiction. It
prescribes some permanent Rules of conduct of government which
have the force and effect of law, to continue in force until repealed or
superseded by subsequent enactment of another Ordinance.
A RESOLUTION is merely for the translation of the current business
of the local government unit and has no permanent value, for it deals
only with matters of special or temporary character. It is a mere
expression of the opinion or mind of the sanggunian concerning some
matters of administration coming within its official cognizance and
provides for the disposition of a particular item of the administrative
business of a local government unit.
Format of Legislative Acts
b) Proposed Ordinances and Resolutions shall be in writing and
shall contain an assigned number, a title or caption, an enacting
or ordaining clause, and the date of its proposed effectivity. In
addition, every proposed Ordinance shall be accompanied by a
brief explanatory note containing the justification for its
approval. It shall be signed by the author or authors and
submitted to the secretary to the sanggunian before the start of
the regular session.:
Essential Parts of an Ordinance
I.

Letterhead
This part depicts the political subdivision (LGU) of the Republic
( IN BOLD LETTERS ) which enacted the Ordinance. Thus,
1) If it is the Sangguniang Panlalawigan of the Province, the
letterhead will be
Republic of the Philippines
PROVINCE OF _______________
OFFICE OF THE SANGGUNIANG PANLALAWIGAN

2) If it is the Sangguniang Bayan of a municipality within a province:


Republic of the Philippine
Province of _____________
MUNICIPALITY OF _____________

OFFICE OF THE SANGGUNIANG BAYAN

3) If it is the sangguniang barangay of a barangay in a municipality:


Republic of the Philippines
Province of ______________
Municipality of _______________
BARANGAY _____________
OFFICE OF THE SANGGUNIANG BARANGAY
II.

Number.
For purposes of legislative monitoring, a proposed Ordinance is
assigned by the Secretary a temporary number.
Example: Draft Ordinance No. 25 s., 2008 means the 25th
proposed draft ordinance during the year 2008.
When the proposed ordinance passed the approval of the
sanggunian, a permanent number is assigned by the secretary which
is the next sequential number. Thus, if the last number of approved
ordinance is 125, the next approved ordinance shall be assigned the
permanent number ORDINANCE No. 126.

III.

Title
The Title is a sentence that describes the substance of the ordiance.
Example:
An Ordinance Prohibiting the Dumping of Garbage in
any Public Place Within the Barangay Other Than Those
Designated For the Purpose.

IV.

Enacting Clause
It is a formal declaration that the Ordinance is established by the
legislative authority of the sanggunian .
The standard enacting clause is

BE IT ENACTED ( or ORDAINED) BY THE


SANGGUNIANG____________ OF BARANGAY
________________ THAT
ENACT means to pass as a law. Ordain means to issue
as an ORDER.
V.

The Ordinance
This is the soul or spirit of the Ordinance, It contains the clear
and specific description of the rule, regulation or standard established by
a governing authority for compliance of all concerned. Thus, said rule,
regulation or standard must be stated or described in clear, simple and
concise. Essentially, the ordinance is stated similarly to the title.
Example:
SECTION 1. It shall be unlawful to dispose garbage in any
public place within the barangay not designated as garbage
dumping place

VI.

The Body of the Ordinance


This consists of provisions further clarifying the Ordinance such
as Definition of Terms, Scope of Coverage, etc. of the Ordinance.

VII.

Penalty Clause
This part provides the penalty for violation of the Ordinance.
NOTE: RA 7160 allows LGUs to impose ONLY the penalty of
fine for violation of its Ordinance, AS FOLLOWS:
Barangay- Not more than P1,000.00;
Municipality=Not more than P2,500.00;
Cities/Provinces=Not more than P5,000.00

VIII. Repealing Clause


This part specifically provides that in case there are current
Ordinances in conflict with the Ordinance, the latter prevails and the
former are deemed amended, repealed or modified accordingly. The
usual statement is:
SECTION __. Repealing Clause. Any barangay ordinance

inconsistent with this ordinance are deemed amended, modified


or repealed accordingly.
IX.

Separability Clause
This part declares that any provision of the Ordinance declared null
and void by proper or competent authority, the other provisions not
similarly declared shall stand.
Example:
SECTION __. Separability Clause. When a provision of this
Ordinance is declared null and void by competent authority,
other provisions not similarly declared shall remain valid.

X.

Effectivity Clause
This part provides the specific or certain date for the commencement
of the enforcement of the Ordinance.
Example:
SECTION __. Effectivity. This Ordinance shall take effect
ten (10) days after a copy is posted at the bulletin board of
the barangay hall and in two conspicuous public places
within the barangay.

XI.

Proof of Passage
This part bears the proof that the legislative act was passed by
the sanggunian.
Example:
APPROVED, (date of meeting)
(1) ______________________
Kagawad
______________________
Kagawad
______________________
Kagawad
______________________
Kagawad

_______________________
Kagawad
_______________________
Kagawad
_______________________
Kagawad
_______________________
Kagawad
O R

(2)- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

XII.

I HEREBY CERTIFY TO THE CORRECTNESS AND


GENUINENESS OF THE ABOVE ORDINANCE AS PASSED
BY THE BARANGAY ASSEMBLY IN ITS REGULAR MEETING
ON _______________
XXXXXXXX
Presiding Officer
ATTESTED:
XXXXXXXX
Secretary
Approval of LCE (Signature of the LCE)
RESOLUTION

Types of Resolutions
STANDARD TYPE
This is commonly used in private organizations and is more
appropriate in resolutions containing a mere expression of sentiments,
desire, aspiration or will.
In this format, the Secretary certifies to the correctness of the
resolution which was adopted by the members of the organization.
For his part the Presiding Officer attests to the fact that the resolution
was duly adopted. Hence, there is no need for the members to sign
the document.
COMMISSION TYPE
As implied by its description, this is commonly used by
Commissions and Boards exercising regulatory powers and is
applicable in resolutions containing decisions, position or stand
on certain issues.
In this format, all the deliberating members concerned are
required to affix their signatures as to the nature of their votes, such
as concurring or concurred in; Dissenting or Dissented; or
Abstained
Essential Parts of a Resolution
I. Letterhead
Same as that of an Ordinance.

II. Resolution Number


At the proposal stage, a temporary number is assigned by the
Secretary based on the sequence of submission from 001 to the last
in December 31 of the year.
Example: Draft Resolution No. 100 s., 2008
The above number means that this is one hundredth Proposed
Ordinance during the year 2008.
The first Resolution passed will be given the permanent number
Resolution No. 001 s., 2008 regardless of its temporary number.
III. Title or Caption
This is usually similarly worded as the Main Resolutory
Clause.
IV. Prefatory Statements or Premises
This part presents the premises or justifications in logical
order or sequence initiated with WHEREAS.
V. Resolutory Provisions
This part contains the MAIN RESOLUTORY CLAUSE and
SUPPLEMENTAL CLAUSE(S) The clauses are introduced with
an enacting clause NOW, THEREFORE: or FOREGOING
PREMISES CONSIDERED
The MAIN RESOLUTORY CLAUSE expresses the
Resolution or declared sentiment, decision, position or stand
introduced with the word RESOLVED, to or the phrase:
RESOLVED AS IT IS HEREBY RESOLVED, to
The SUPPLEMENTAL CLAUSES usually similarly stated
but with RESOLVED FURTHER or RESOLVED FINALLY
dealing with instructions and authorization pertaining to the delivery
of the Resolution.
Example:
NOW, THEREFORE, upon motion of _________
duly seconded by __________________________,
RESOLVED, to express the profound condolences of this

August Body to the bereaved family of __________________;


RESOLVED, FURTHER, to request the Honorable Presiding
Officer to personally deliver this Resolution to the bereaved family
as soon as possible;
RESOLVED, FINALLY, to send copies of this resolution to the
Municipal Mayor for his information.
VI. PROOF of ADOPTION
This portion contains the proof of adoption or passage.
Example: (1)
ADOPTED, ____(date)__________.
================================
I hereby certify to the correctness of the foregoing
resolution as adopted by the Sangguniang Barangay during
its Regular Meeting on __________________.
Presiding Officer
ATTESTED: _______________
Secretary
Example (2)
ADOPTED, _____(date)__________.
_____________________
Kagawad
_____________________
Kagawad
_____________________
Kagawad
_____________________
Kagawad

_____________________
Kagawad
____________________
Kagawad
____________________
Kagawad
____________________
Kagawad

CERTIFIED CORRECT:
_________________
Presiding Officer

SAMPLE RESOLUTION
Republic of the Philippines
Province of ____________
Municipality of ___________
BARANGAY _____________
OFFICE OF THE SANGGUNIANG BARANGAY
RESOLUTION No. 26 s., 2008
RESOLUTION CONFIRMING THE APPOINTMENT OF
________________ _AS MUNICIPAL BUDGET OFFICER
WHEREAS, ______________________________
__________________________;
WHEREAS, ______________________________
_________________________ ;
NOW, THEREFORE, on motion of ___________
duly seconded by ________________________; OR on motion
of the Chairman of the Committee on Good Governance,
RESOLVED, to confirm the appointment issued by the
Hon. __________, Punong Barangay, in favor of __________
as BARANGAY TREASURER;
RESOLVED, FURTHER, to attach a copy of this resolution to
a copy of the appointment of Mr. ___________ for transmission to
the Depository Bank of the Barangay, for updating of its records;
RESOLVED, FINALLY, to furnish copy of this resolution to
the Municipal Mayor, the appointee, the DILG representative in
the municipality and all other Government Offices, for their
information and record.
ADOPTED, ___________________.

=================================
I HEREBY CERTIFY to the CORRECTNESS of the foregoing
Resolution as adopted by the Sangguniang Barangay during its
regular meeting on _____.
__________________
Presiding Officer
ATTESTED:
___________________
Secretary
Legislative Records and Documents
JOURNAL
The Journal or Record of Proceedings is a record book containing
the notes of the Secretary during the meeting or session. It is acceptable practice
to employ tape recorders to back-up the journal with the transcription. It is useful
to countercheck accuracy of the journal.
MINUTES
The Minutes is a record of the proceedings of a deliberative
body containing, among others things, a brief account of what has
taken place and decisions made and not necessarily all what had
been said during a particular meeting or session.
Minutes is a summary of what transpired, vital decisions and
agreements made during the proceedings of a deliberative body. It
is usually a summary of the record of proceedings of a meeting.
It is the duty and function of the Secretary to record the proceedings
of the meeting/session of the Sangguniang Barangay, among others, and
prepare the draft minutes of every meeting/session for adoption of the
legislative body. The draft minutes shall be reviewed by the Presiding
Officer and shall attest to the correctness of the draft prepared by the
Secretary. A copy of the draft minutes shall be reviewed by the
members of the Sangguniang Barangay as to correctness, completeness
and truthfulness by integrating therein their collective recollection of
the meeting/session. Once, the draft minutes is adopted, the same
shall be deemed the official version/story of the meeting/session.
Format of the Minutes
I. Letterhead
This is the same as the letterhead of Ordinance or Resolution,
thus:

Republic of the Philippines


Province of ____________
Municipality of _________
BARANGAY __________
OFFICE OF THE SANGGUNIANG BARANGAY
II. Heading
This part describes the document, thus:
MINUTES OF THE PROCEEDINGS OF THE REGULAR
MEETING OF THE SANGGUNIANG BARANGAY HELD
ON _____________ AT THE BARANGAY HALL
III. Body
Since the minutes contains the record of the proceedings of the
meeting/session, it is logical that the record covers the ORDER OF
BUSINESS. Thus,
I. CALL TO ORDER
Who called the meeting to order and what time.
II. ROLL CALL
List Sangguniang Barangay Members present;
List Sangguniang Barangay Member Absent and cause of
absence.
Declaration of QUORUM by the Presiding Officer
III. DISPOSITION OF THE MINUTES OF PREVIOUS MEETING
Specify the Minutes ( Example: June 17, 2008 Regular Meeting)
Corrections made (if any):
(Describe each correction with reference to specific page,
line, etc.)
Adoption of the Minutes including who moved and seconded;
IV. COMMITTEE REPORT
Specify the Committee reporting; who rendered the report;
Subject matter of the report; Recommendation of the

Committee; and the action of the Sangguniang Barangay


on the Committee recommendation to include any specific
instructions on the Committee Report
V. FIRST READING AND REFERRAL
a. Proposed Ordinance
List the draft ordinances number, title, name of sponsor and
the Committee to which each was referred
b. Proposed Resolution
List the draft resolution number, title, name of sponsor and
The Committee to which it was referred
c. Petitions, Requests, Communications, etc.
List and describe each Petition, Requests, Communication, etc.
(Source; date; subject matter) and the Committee to which it
was referred or the action taken by the Sangguniang Barangay.
VI. CALENDAR OF BUSINESS
A. UNFINISHED BUSINESS
List each item; (Title and Number) and the period each is treated
(i.e., Period of Individual Amendment) and the approved
amendment ;
B. BUSINESS OF THE DAY
List each item: (Title and Number) and result of action per period;
C. UNASSIGNED BUSINESS
List each item and the direction/instruction of the body for each;
VII.

THIRD AND FINAL READING


List each item (Number, Title, Sponsor) and result of voting on each.

VIII. ADJOURNMENT
Who adjourned the meeting and the time.
____________________________________________________________

I HEREBY CERTIFY TO THE CORRECTNESS OF THE ABOVE


MINUTES OF THE AFORESTATED REGULAR MEETING OF THE
SANGGUNIANG BARANGAY.
_____________________
Secretary
ATTESTED:
____________________
Presiding Officer
BARANGAY RECORDBOOK
OF LEGISLATIVE ACTS
The Secretary shall maintain a record book of Legislative Acts with
the following columns:
ORDINANCES
First Column: Ordinance Number
Second Column: Full Title
Third Column: Name of Sponsor(s)
Fourth Column: Committee Assigned
Fifth Column: Date of Public Hearing(s)
Sixth Column: Date Passed/Enacted
Seventh Column: Date Posted
Eight Column: Date Submitted for Review
Ninth Column: REMARKS
RESOLUTIONS
First Column: Resolution Number
Second Column: Full Title
Third Column: Name of Sponsor(s)
Fourth Column: Committee Assigned
Fifth Column: Date Adopted
Sixth Column: Date Submitted for Review
Seventh Column: REMARKS
FILE
The Secretary shall maintain a separate FILE FOLDER
for ORIGINAL COPY of all ORDINANCES and RESOLUTIONS
(signed by the Sangguniang Barangay Members during the Third and
Final Reading and by the Punong Barangay) arranged sequentially
with the oldest at the bottom and the latest on top of the file.
Each Folder shall have a Summarized Listing sequentially

arranged ( Permanent Number and Title ) with the oldest on the top
and the most recent at the bottom of the list.

CHAPTER VII
LEGISLATIVE REVIEW
Legislative Review is the required process whereby a higher legislative body
exercises general supervision over the legislative acts of the legislative bodies of
component LGUs to ensure that the latters acts are within their delegated powers
under the Local Government Code and other laws.
Reviewing Authorities
The Sangguniang Bayan or Panlunsod shall exercise legislative review authority
over legislative acts of the legislative bodies of component barangays; (Section 57, RA
7160) while the Sangguniang Panlalawigan shall exercise legislative review authority
over legislative acts of legislative bodies of component cities and municipalities.
Scope of Review Authority
Legislative Review is an exercise of general supervision by the legislative
body of an LGU over the legislative acts of the legislative bodies of its component LGUs.
to ensure that the legislative acts are within the delegated powers of component LGUs.
Reviewing legislative bodies do not APPROVE or DISAPPROVE the
legislative acts of its component LGUs but can only declare the same as CONSISTENT
WITH LAW or VALID or INCONSISTENT WITH LAW and SUSPEND the
EFFECTIVITY of said defective legislative act. The reviewing legislative body cannot
interpose any other standards other than those already prescribed by RA 7160.

CHAPTER VIII