The Rules of The Provincial Board of Palawan
The Rules of The Provincial Board of Palawan
The Rules of The Provincial Board of Palawan
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(b)He shall be and Ex-Officio Member of all standing committees and
Chairman of the Committee on Laws and Internal Procedures;
(c) He shall exercise such other duties and perform such other
functions as may be required by the Board through proper
resolutions and ordinances.
Section 7. The Assistant Majority Floor Leader shall perform and exercise the
following powers and functions:
(a) He shall act as the Acting Majority Floor Leader in the absence or in
capacity or inability of the latter;
(b) He shall assist the Majority Floor Leader in the performance of his
duties;
(c) He shall perform such other duties as the Presiding Officer and the
Majority Floor Leader may assign to him from time to time.
Section 8.
duties:
The Minority Floor Leader shall have the following powers and
f) Committee
on
Cooperatives
and
Non-Government
Organizations. All matters pertaining to peoples organization and
people empowerment as well as matters concerning organizations,
development and growth of cooperative movement and all matters
pertaining to accreditation of non-government organization by the
Sangguniang Panlalawigan.
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o) Committee on Reorganization, Civil Service and Human
Resource. All matters pertaining to the personnel, human resource
development, civil service and labor-related problem.
p) Committee on Energy.
All matters pertaining to the
development, management and enforcement of regulatory
measures in the proper utilization of energy as regard to the
enhancement of economic productivity.
q) Committee on Appointment.
All matters pertaining to the
reorganization and all matters pertaining to the rules and
regulations of Civil Service shall be referred to this Committee and
also all matters pertaining to manpower, training and development
shall be under the jurisdiction of this Committee.
The Sangguniang Panlalawigan shall constitute themselves as the
Committee on Appointments whenever appointments of Heads of
Office and agencies are referred to the Sanggunian for concurrence.
In the deliberation of such appointments, the committee shall be guided by
the following terms of reference and procedures:
A) Majority of all Sangguniang Panlalawigan Members shall be defined
as 50% of all members of the Sangguniang Panlalawigan plus one
member.
B) Date of Submission by the Governor shall refer to the date officially
received by the Office of the Sangguniang Panlalawigan.
C) Act on the appointment within 15 days shall be construed to mean
as any action made by the Sanggunian in session assembled on the
request for concurrence, such as referral to the Committee on
Appointments; non-referral by the Sanggunian to said Committee
within 15 working days from date of submission shall be construed as
confirmation of an appointment; Provided, however, that the 15 day
prescription in the Local Government Code shall not apply if the
Sangguniang Panlalawigan is in recess or if session is adjourned.
D) All appointments of heads of offices and agencies shall be considerate
and decided upon by the Committee on Appointments.
E) The Committee may call on any person or persons to appear before
such committee and request this opinion, views or comments on the
appointment under consideration. All information and documents
submitted to the Committee must be duly notarized as the true and
correct copy.
F) The Committee may issue the subpoena ducestecum for documents,
information and data needed in considering an appointment.
G) The person whose appointment is under consideration may be invited
to participate in the deliberations of his appointment; provided,
however, that everything he says shall be under oath.
H) The Committee shall meet only twice to deliberate on a particular
appointment, if a member of the Committee objects to the
confirmation of appointment during the first meeting, consideration of
said appointment is deferred. If no 2/3 vote of all the members of the
Sangguniang Panlalawigan is reached on the second meeting, such as
appointment is null and void.
I) The Chairman of the Committee shall advise, in writing, the Governor of
any decision reached on a particular appointment.
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a) In case of non-concurrence of an appointment, the Committee will
advise the Governor to submit the name and curriculum vitae of
another person as replacement within 30 days from date of receipt by
the Governor of the decision, otherwise, the Sangguniang Panlalawigan
may, in consultation with the Governor, indorse and confirm another
person; and b) In case of non-concurrence and when the Sangguniang
Panlalawigan has already indorsed another person, other than that
appointed by the Governor for a particular position, the Committee, in
consultation with the Governor, may confirm the person indorsed by
the Sangguniang Panlalawigan.
r) Committee on Ways and Means.
All matters pertaining to
revenue-raising measures and all matters requiring studies on
revenues, assessment and land taxes.
s) Committee on Oversight.3This Committee shall monitor and
evaluate, in accordance with set standards and program of work,
the implementation of provincial projects, as well as the sources and
uses of funds of the Provincial Government. It likewise looks into
the matters not included in the other committee functions.
t) Committee
on
Special
Programs,
Planning
and
Development.4This Committee takes care of all the plans and
researches or developmental plans which will cater to the needs
and interests of the province. It has jurisdiction over the review of
Special Programs in the Provincial Government.
u) Special Committee on Public Affairs and Information. This
Committee shall see to it that matters which are approved or
matters which are being undertaken by the Provincial Board are
properly disseminated to the general public.
v) Committee of the Whole. This Committee acts as the
Investigative and Adjudicative arm of the Sangguniang Panlalawigan
which shall have jurisdiction over all matters relating to Chapter 4,
Title 2 Book I of RA 7160.
w) Committee on Housing, Resettlement and Population
Management.13 This Committee shall act on all matters relating to
housing development projects or programs; formulate and enforce
regulatory measures pertaining to social housing and conduct
official inquiry on all matters relative to housing and squatting
problems brought before the Sangguniang Panlalawigan for
resolutions.
Section 5. In cases where public officials/department heads or employees
are directed to attend the sessions of the Provincial Board or to any
Committee hearings, a formal notice shall be issued three (3) days before the
meeting or hearing.
3That the Oversight Committee on Budget and National agencies as earlier
proposed shall be returned to its original form and title under Rule II. Sec. 4-u
Committee on Oversight.
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That Sec. 4.y. Committee on Housing, Resettlement and Urban Poor shall be created and
added as a regular committee pursuant to Ordinance No. 1190-10 and later changed its title
into Committee on Housing, Resettlement and Population Management as per Ordinance
No. 1220-11 as amended.
Unless otherwise provided by the Board, its regular session shall be held
once a week every Tuesday at 9 oclock in the morning at the Session Hall of
the Sangguniang Panlalawigan.14
Section 2. In the case of special sessions of the Board, a written notice to
the members shall be served at the members usual place of residence at
least 24 hours before the special session is held.
Unless otherwise concurred in by 2/3 vote of the members present, there
being a quorum, no other matters maybe considered at a special session
except those stated in the notice.
Section 3. All sessions of the Board shall be open to the public unless a
closed-door session is ordered by an affirmative vote of a majority of the
members present, there being a quorum, in the interest of the public or for
reasons of security, decency or morality. The Secretary and her staff and
others specifically authorized by the Board may be admitted to the closeddoor sessions. They shall be instructed to preserve secrecy over matters
delivered on the Executive Session.
Section 4. a) A Majority of all the members of the Board who have been
elected and qualified shall constitute a quorum to transact official business.
Should a question of quorum be raised during a session, the Presiding Officer
shall immediately proceed to call the roll of the members thereafter
announce the results.
b) Where there is no quorum, the Presiding Officer may declare a
recess until such time as a quorum is constituted, or a majority of the
members present may adjourn from day to day and may compel the
immediate attendance of any member absent without justifiable cause by
designating a member of the board, to be assisted by the Sgt-at-Arms, to
bring the absent member and present him at the session.15
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c)
If there is still no quorum despite the enforcement of the
immediately preceding sub-section, no business shall be transacted. The
Presiding Officer, upon proper motion duly approved by the members
present, shall then declare the session adjourned for lack of quorum. 16
14
The old provisions on Chapter XV, Rule III, Section I was amended pursuant to Provincial
Ordinance No. 5800-2004, which old provisions were read as follows: Section I. The
Provincial Board shall meet at least once a week for its regular sessions. When public
interest so demands, special sessions may be called by the Governor or by a majority of the
members of the Board as provided for by law. Unless otherwise provided by the Board, the
regular meeting shall be held every Tuesdays of the First and Third week of the month and
Fridays of the second and fourth week of the month at 3:00 oclock in the afternoon at the
Sangguniang Panlalawigan Session Hall.
15
The old provisions on Chapter XV, Rule III, Section 4, sub-par b was amended pursuant to
Provincial Ordinance No. 5800-2004, which old provisions were read as follows: Section I.
Where there is no quorum, the Presiding Officer may declare a recess until such time as a
quorum is constituted, or a majority of the members present may adjourn from day to day
and may compel the immediate attendance of any member absent without justifiable cause
by designating a member of the Board, to be assisted in the territorial jurisdiction of the
local government unit concerned, to arrest the absent and present him at the session.
16
XV, Rule III, Section 4, paragraph (d) was deleted by virtue of Resolution No. 5800-2004.
Par (d): Session of the Board shall be held at the Provincial Capitol Complex or in any place
as the Board may decide. Session will start at 3:00 oclock in the afternoon every Tuesdays
of the first and third week of the month and fridays of the second and fourth week of the
month.
Doxology
Invocation
National Anthem
Pledge of Allegiance to the National Flag
Recitation of the Provincial Board Members League of the
Philippines creed
f) Singing of the Palawan March and Cuyono Song
g) Roll Call
h) Reading and Approving of the Minutes of the preceding session
provided however, that the reading maybe dispensed
with upon approval of a majority of the members present
i) Privilege Hour
j) Reference of Business
j.1- Items on the First Reading
j.2- items on the Second Reading
j.3- communications received for Board action
j.4- resolutions/ordinances received for Board action
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j.5 unfinished business
(k) Other matters18
(l) Question and Answer Hour
(m)Adjournment
Section 2. Any member may speak for not more than ten (10) minutes on
any question of general interest during the Privilege Hour. The Majority Floor
Leader shall be responsible for the just, equitable and efficient use of the
Privilege Hour by the Members of the Board. Prior to delivering his speech, a
Member availing of the Privilege Hour shall first submit a written thereof to
the majority Leader and the Presiding Officer who shall cause the same to be
distributed to the members present. He shall refrain from libelous or
slanderous utterances and shall avoid
17
The old provisions on Chapter XV, Rule III, Section 5 was amended pursuant to Provincial
Ordinance No. 5800-2004, which old provisions were read as follows: Section 5. A
permanent seat shall be assigned to members of the Board to be determined by lots.
Letter (k) was added pursuant to Resolution No. 5800-2004. Further, the items under
other matters shall only be included in the agenda if the same were received by the
Committee on Rules and Laws not later than its meeting immediately before the regular
session in which it is calendared for business and provided further that it is approved for
inclusion by the Committee; provided finally that the said items shall be specified in the
agenda for information of the members. Res. No. 5800-2004.
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10
Section
Section
21
Section
22
Section
20
2
2
4
5
has
has
has
has
been
been
been
been
5.2 The conduct of the Question and Answer Hour shall be initiated by
motion of any member and thereafter voted affirmatively by majority vote;
provided that the Question and Answer Hour shall be held not earlier than
the next regular session depending on the Boards calendar of business with
due notice to the invited officials or personalities.
5.3 The Board shall declare in contempt any person who refuses,
without justifiable cause, to appear before the Board for the Question Hour.
The pertinent rules on indirect contempt under Rule 71 of the 19976 Rules on
Civil Procedure shall be applicable herein.
RULE V. FILING, CONSIDERATION AND APPROVAL OF RESOLUTIONS
AND ORDINANCES
Section 1. Proposed resolutions and ordinance shall be signed by the author
or authors and filed with the Secretary who shall number and transmit the
same to the Majority Floor Leader for inclusion in the Agenda. All proposed
ordinances and resolutions shall be calendared for the first time and shall
consist only in the reading of its title. After the reading thereof, it shall be
referred to the proper committee for study, comment and recommendation.
Section 2. After the proposed ordinance is reported favorably by the
committee concerned, it shall be calendared for second reading. The Board
may then proceed to deliberate, enumerating items, debate. Discuss, amend
and otherwise take final action. Not more than 2 sponsorship speeches shall
be allowed in favor of a proposed ordinance and not more than an equal
number shall be allowed to speak against it. After the speeches, a general
discussion follows.
The Presiding Officer shall then announce the period for amendments. Any
member desiring to propose an amendment shall be allowed to speak for not
more than 5 minutes, the same time limitation shall be allowed to any who
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may oppose the proposed amendment. After the discussion, the amendment
shall be voted upon. Other amendments may then be proposed. A proposal
for an amendment to an amendment may not further be amended.
After the period for amendment the proposed measure as amended shall be
discussed and then voted upon.
Section 3. All ordinances which have been approved in Second Reading shall
be presented to the Board in its final form for Third Reading and all
resolutions which have been approved in the first reading shall be presented
not later than the 2nd session day immediately following the day of their
approval.
Section 4. The Board may not refer any proposed resolution or ordinance to
a particular committee, if by its nature, approval of the same is urgently
necessary.
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a) When two or more members rise at the same time, the member
whose name is first called by the Presiding Officer is recognized
and shall be entitled to the floor;
b) Any member sponsoring any measure under consideration may
open and close the debate when a general debate has been
ordered thereon;
c) When the Board is in session no member shall pass between
another who haws the floor and the Presiding Officer;
d) No members shall walk out or cross the session hall when the
Presiding Officer is addressing the Board.
e) Members of the Board shall observe a Dress Code consisting of a
formal attire either in Barong Tagalog, Polo Barong, Coat and Tie or
Shirt and Tie.
A member not in formal attire will not be
recognized.
Closure of Debates.
The Presiding officer may motuproprio or upon motion of the floor
leader, declare the termination of the interpellation or debate if and when he
is satisfied that the matter has been thoroughly discussed and when other
urgent business is to be considered by the Body. (Resolution No. 5800-2004)
RULE VII. VOTING
Section 1. The Chairman shall put a question to a vote and shall do it in this
form: AS MANY ARE IN FAVOR (as the question may be), RAISE YOUR
RIGHT HAND, and after the affirmative vote is expressed, AS MANY ARE
OPPOSED? RAISE YOUR RIGHT HAND.
Section 2. Any member may be allowed to explain his vote in not exceeding
three (3) minutes during nominal voting.
Section 3. No motion except on the presence of a quorum shall be
entertained during the voting.
RULE VIII. RECONSIDERATION
Section 1. When a motion, report or resolution has been adopted or lost, any
member may file a motion for reconsideration if the matter is still within
control of the Board. Such motion shall take precedence over all other
questions, except a motion to adjourn.
Section 2. A motion for reconsideration shall not be withdrawn without the
consent of the majority of the members of the Board. The effect of the
adoption of the motion to reconsider is to open a new debate on the motion
to reconsider is to open a new debate on the motion, report or resolution
adopted or lost.
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1.
2.
3.
4.
5.
Appeal Debatable
Incidental Motions:
1. Division of Assembly
2. Division of a Question
3. Filling Blanks
4. Objection
5. Parliamentary Inquiry Undebatable
6. Point of Information
7. Point of Order
8. Read Papers
9. Suspend the Rules requiring 2/3 vote
10. Withdrawing a Motion
Subsidiary Motions:
1.
2.
3.
4.
5.
6.
7.
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Section 2.
Questions of Privilege shall have precedence on all other
questions except a motion to adjourn.
RULE XI. PRIVILEGED QUESTIONS
Section 1. Privileged questions shall include, besides question of privilege, a
call for the order of the day and privileged motion relating to adjournment
and recess.
a) A call for the Order of the Day demands that the Board conform to
the order of business and such motions need not be seconded.
b) Any member shall have the right to demand that the order of
Business be complied with.
RULE XII. SUSPENSION OF THE HOUSE RULES
Section 1. No rules shall be suspended except by a two-third (2/3) vote of
the members, a quorum being present.
Section 2. Pending a motion to suspend the Rules, no motion to adjourn may
be entertained until after the vote is taken on suspension.
Section 3. When a motion to suspend the Rules for the passage of any
measure has been seconded as provided above, it shall be in order, before
the final vote is taken thereon, to debate, on the proposition to be voted
upon. Upon termination of the debate, the passage of the measure shall be
voted upon with suspension of the Rules and if two-thirds (2/3) of the
members voting shall be in favor of said measure, the same shall be
considered as having passed, but not otherwise.
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Section 1. The Session Hall of the Provincial Board shall be used exclusively
for the sessions of the Sangguniang Panlalawigan and Meetings of any of its
regular, special, Ad Hoc, Committee, sub-committee and for conference.
Section 2. Where the use is necessary for any other public purpose, a twothirds (2/3) vote of all the members is necessary.
Section 3. Where the Provincial Board cannot meet for the purpose of
getting the 2/3 vote, the Presiding Officer, may obtain the consent of the
members by means of a memorandum.
Section 4. Inter Local Legislative Cooperation - There shall be a regular
exchange of ideas on legislative policies, programs and activities among and
between the Sangguniang Panlalawigan and Pambayan.
The monthly
meetings of the League of the Vice Mayors and the Municipal Secretaries are
a proper forum for the achievement of this objective where the Presiding
Officer of the Sangguniang Panlalawigan or authorized representative shall
attend. The Secretary of the Sangguniang Panlalawigan shall inform the
Sangguniang Bayan of current issues affecting their offices. All these and
other initiatives shall be in aid of effective and quality local legislation.
Section 5. Establishing Parameters in the Determination of Legislative
Performance The Sangguniang Panlalawigan, Pambayan and Pambarangay,
just like any government entity shall evaluate its own legislative performance
as a gauge to its accomplishments in any given period. The following are the
parameters or indicators of an effective and efficient local legislative Body.
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1) To recommend to the Provincial Governor appropriate and
necessary measures
to the Sangguniang Panlalawigan and
work for their enactment;
2) To monitor the implementation by the Provincial Governor of all
resolutions and ordinances, approved by the Sangguniang
Panlalawigan;
3) To assess the effect or impact on the citizens, and others
concerned, of approved measures being implemented;
4) To report and recommend to proper officials or agencies the
result of their work and such measures it feels necessary and
imperative to be undertaken.
RULE XV. EFFECTIVITY
The Rules shall take effect immediately upon approval. Adopted this 25th day
of June 2013.
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principles of due process and equal protection clause, to resolve a particular
matter before it. Copies of such special procedures shall be furnished to all
parties in the matter.
RULE 2. DISCIPLINARY ACTIONS
A).
The Committee shall be guided by the Grounds of Disciplinary
Actions as provided for in Section 60, Chapter 4, Title 2, Book 1 of RA 7160,
in resolving complaints against elective local officials.
B).
The Committee shall recommend the necessary sanctions against
elective local officials, who, after due process, are found to have violated the
provisions of law, particularly RA 7160. However, the penalty of suspension
to any erring elective official must have the concurrence of two thirds of all
Committee members: Provided, that, the penalty of suspension shall not
exceed the unexpired term of respondent, or a period of six (6) months for
every administrative offense, nor shall said penalty be a bar to the candidacy
of the respondent so suspended as long as he meets the qualifications so
required.
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B).
Any document in the possession of the complainant that relate to the
allegations may be submitted with the complainant.
C).
The Committee may defer action on a complaint when the Committee
has reason to believe such conduct is being reviewed by appropriate law
enforcement, regulatory authorities or a court. The Committee shall report
to the Legislative Body, copy furnished the complainant, of such action.
D).
A complaint may not be amended without leave of the Committee.
Otherwise, any new allegations of improper conduct must be submitted in a
new complaint that independently meets the procedural requirements of the
House Rules and the Committees rules.
RULE 5. RIGHTS OF RESPONDENTS AND WITNESSES
A).
A respondent shall be informed of the rights to be represented by a
counsel, to be provided at his or her own expense.
B).
A respondent may seek to waive any procedural rights or steps during
the hearing process. A request for waiver must be done in writing, signed by
the respondent, and must detail what procedural steps the respondent seeks
to waive. Any such request shall be subject to the acceptance by the
Committee.
C).
Witnesses shall be afforded a reasonable period of time, as determined
by the Committee, to prepare for the hearing and to obtain a counsel.
D).
Except as otherwise specifically authorized by the Committee, no
Committee member or staff member may disclose to any person outside the
Committee the name of any witness called or subpoenaed to testify or to
produce evidence. No member of the Committee may make a statement
that would prejudice the pending case.
E).
Prior to their testimony, witnesses shall be furnished a printed copy of
the Committees Rules of Procedures.
F).
Witnesses may be accompanied by their own counsel for the purpose
of advising them concerning their constitutional rights. The Chairman of
the Committee may punish breaches of orders and decorum, and of
professional responsibility on the part of the counsel, by the censure and
exclusion from the hearings; and the Committee may cite the offender for
contempt.
G).
The Committee shall not be liable to pay for any compensation in the
form of attorneys
fees of the witness counsel or for a witness lost
earnings.
H).
Upon approval of the Committee, a witness, upon request, may
be provided with a
transcript of his or her deposition or other testimony
taken, or with the approval of the Chairman, may be permitted to examine
such transcript in the office of the Committee. Any such request shall be
done in writing and shall include a statement that the witness, and
counsel, agrees to maintain confidentiality of all proceedings covered by
such transcript.
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B.) The respondent may, in writing within fifteen (15) days prescriptive
period, request for another fifteen (15) days extension within which to submit
a verified answer.
Such
a request, if deemed meritorious by the
Committee, shall be granted without formally notifying the Respondent.
C.) Failure, without justifiable reason, on the part of the Respondent to
submit a verified answer within the time prescribed shall be construed as a
waiver of the right of the respondent, and the Committee shall render the
respondent in default and shall proceed with the proper disposition of the
subject case.
D.) Within ten (10) days from receipt of a verified answer and when all
the issues are joined, the Committee shall commence investigation of the
case and when deemed necessary may recommend the preventive
suspension of the respondent pursuant to and in accordance with Section 63,
Chapter 4, Book I of RA 7160.
E.) The investigation of the case shall be terminated within ninety (90) days
from the start of the investigative hearing thereof. The Committee shall,
within thirty
(30) working days, render a decision stating clearly and distinctly the facts
and the reasons for such a decision. The said decision shall be reported in
Plenary session for approval.
RULE 7. INVESTIGATIVE HEARING PROCEDURES
A.) All such hearings shall be open to the public unless the Committee
determines that the hearings or any part thereof should be closed door.
B.) The Chairman of the Committee shall ask respondent and all witnesses
whether they intend to be represented by counsel. If so, respondent or
witnesses or their legal representatives shall provide written designation of
counsel. A respondent or witness who is represented by counsel shall not be
questioned in the absence of counsel unless an explicit waiver is obtained.
C.) The Committee shall provide the respondent an opportunity to present,
orally or in writing, a statement, which must be under oath or affirmation,
regarding the allegations and any other relevant questions arising out of the
inquiry.
D.) Any relevant evidence shall be admissible unless the evidence is
privileged under the precedents of the Sanggunian.
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E.) The Chairman of the Committee shall rule upon any question of
admissibility or pertinency of the evidence, motion, procedure, or any other
matter, and may direct any witness to answer any question under penalty of
contempt. A witness, witness counsel, or a member of the Committee may
appeal any evidentiary ruling to the members present at that proceeding.
The majority vote of the members present on such an appeal shall govern
the question of admissibility and no appeal shall lie to the Committee.
F.) The complainant and the respondent, or their counsel, may, subject to the
approval of the Committee, enter into stipulations of facts that are not in
dispute.
RULE 8. ADMINISTRATIVE APPEAL/FINALITY OF JUDGMENT
A). All cases decided by the Committee of the Whole, AN ADMINISTRATIVE
INVESTIGATION AND ADJUDICATION OF THE SANGGUNIAN to be appealed
from.
B.) In case where appeal is taken, the perfection of the appeal shall be upon
the expiration of the last day to appeal by any party.
C.) No party shall be allowed a second motion for reconsideration of a final
order, judgment or resolution.
D.) If no appeal is taken by any party, all cases decided by the COMMITTEE
OF THE WHOLE shall become final and executor after thirty (30) days from
receipt of order/judgment or resolution by any party.
CHAPTER XVI
IMPLEMENTING RULES AND REGULATIONS
SECTION 1. Formulation of Implementing Rules and Regulations.
Immediately after the approval of this Code, the Oversight Committee of the
Sangguniang Panlalawigan as herein created shall be convened by the
Vice Governor and Presiding Officer to formulate and issue the appropriate
rules and regulations of any and all provisions of this Code.