Rules, Procedures, and Practices of the Bangsamoro Transition Authority Parliament
FIRST REGULAR SESSION RESOLUTION NO. 268
RESOLUTION PROVIDING FOR RULES, PROCEDURES, AND PRACTICES OF THE BANGSAMORO TRANSITION AUTHORITY PARLIAMENT
The BTA Rules are the rules, procedures, and practices of the Bangsamoro Transition Authority Parliament.
They have been made in accordance with the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao
WHEREAS, Section 3, Article XVI of Republic Act No. 11054 or An Act Providing for the Organic Law of the Bangsamoro Autonomous Region in Muslim Mindanao states:
SEC. 3. Powers and Authorities. — Legislative and executive powers in the Bangsamoro Autonomous Region during transition shall be vested in the Bangsamoro Transition Authority. During the transition period, executive authority shall be exercised by the interim Chief Minister who shall be appointed by the President as such, while legislative authority shall be exercised by the Bangsamoro Transition Authority.
All powers and functions of the Bangsamoro Government as provided in this Organic Law is vested in the Bangsamoro Transition Authority during the transition period. xxx
WHEREAS, the BTA 1 appointed by former President Rodrigo R. Duterte adopted the Parliamentary Rules, Procedures, and Practices to govern the BTA 1 proceedings;
WHEREAS, Section 25, Article VII of the same Organic Law provides that the Parliament shall adopt its own rules for the conduct of its business:
NOW, THEREFORE, be it
RESOLVED, as it is hereby resolved by the Bangsamoro Transition Authority, To adopt the following Rules, Procedures, and Practices of the Bangsamoro Transition Authority Parliament:
RULES, PROCEDURES, AND PRACTICES OF THE BANGSAMORO TRANSITION AUTHORITY PARLIAMENT
We, the Members of the Bangsamoro Transition Authority Parliament, by virtue of Article VII, Section 25 and Article XVI, Section 3 of Republic Act No. 11054, otherwise known as the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (OLBARMM), in order to fulfill our duty to provide for the basic structure of the Bangsamoro Government and to secure the identity and posterity of the people of the Bangsamoro, and allowing for meaningful self-governance, hereby promulgate and adopt this “Rules, Procedures, and Practices of the Bangsamoro Transition Authority Parliament”.
Rule I. – General Provisions
Section 1. Title. – This shall be known as the “Rules, Procedures, and Practices of the Bangsamoro Transition Authority Parliament” and shall be cited as “Rules” pursuant to the provision of Article VII, Section 25 and Article XVI, Section 3 of the OLBARMM.
Section 2. Applicability. – This Rules shall govern the legislative procedures in the conduct of all sessions, committee hearings and meetings, and other similar activities of the Bangsamoro Transition Authority (BTA) Parliament, hereinafter “Parliament”.
Section 3. Purposes. – The purposes of this Rules are to ascertain the will of the majority, to preserve the rights of the minority, and to facilitate the orderly conduct of business in the Parliament. Towards this end, the Parliament shall ensure the democratic processes in the debates and deliberations of issues and questions of interest and arrive at the sense and will of its Members.
Section 4. Proceedings; Languages Used. – The legislative proceedings in the Parliament shall be recorded, in writing or electronically, in their original form and translated into Filipino, Arabic, and English languages. The Members thereof, during legislative deliberations, may speak in any of the known languages used within the Bangsamoro.
Section 5. Title of the Parliament Member. – The official title of the Parliament Members shall be Member of the Parliament.
Rule II. – Rights, Duties and Responsibilities of the Members of the Parliament
Section 1. Rights of the Members of the Parliament. – All Members of the Parliament shall have the following rights:
(a) Equal rights, privileges, and Parliamentary rules and procedures shall be administered impartially;
(b) Right to receive all notices and schedule of sessions, committee hearings, and meetings;
(c) Equal rights to make and present motions;
(d) Right to second motions, when necessary;
(e) Right to a full and free debate and discussions of motions presented before the plenary sessions, committee hearings, and meetings;
(f) Right to vote on motions, except when they have a conflict of interest or financial and pecuniary interest in the legislative measures under consideration, in which case they have to inhibit from participating in the proceedings;
(g) Right to know the meaning of the issues and the questions being debated and discussed;
(h) Right to object when any portion of this Rules is being violated;
(i) Shall not, in a debate and discussion of any proposed legislative measure, have to suffer personal abuse and attack from the other Members;
(j) Right to access to all the minutes and journals of the sessions, committee meetings, and hearings; and
(k) All other rights and privileges provided for under the OLBARMM and this
Section 2. Duties and Responsibilities. – The primary duty and responsibility of the Members of the Parliament shall be legislation. In order to fulfill this duty, the Members have the following duties and responsibilities:
(a) Prepare, introduce and work for the passage of legislative measures to effectively address social, political, and economic needs and concerns in the BARMM;
(b) Be obliged to promptly attend plenary sessions, committee hearings, and meetings of which they are Members or where they are the authors and sponsors of the proposed legislative measures under consideration;
(c) Stay in the session hall and committee rooms until the end of the session, committee hearings, and meetings;
(d) Must be ready to intelligently participate in the debate of the legislative measures under consideration either in the plenary, committee hearings and meetings, or public consultations;
(e) Articulate faithfully the demands and interests of their constituencies as well as those of other sectors that are affected by proposed legislative measures or by conditions, issues and concerns requiring legislative action;
(f) Secure, through every lawful means possible, any and all data and information relevant and necessary for the determination and formulation of appropriate legislative actions and measures on public issues and concerns;
(g) Make information pertaining to the performance of their legislative and constituent functions and duties available and accessible to the public;
(h) Can speak openly but shall allow everyone his/her turn to speak;
(i) Must treat everyone with respect and courtesy and shall not use abusive and insulting language, impute accusation of dishonest conduct or corrupt practices against fellow Members of the Parliament;
(j) Must follow the rules of debate as provided in this Rules; and
k) Perform such other functions and activities as may be lawful and necessary to ensure the passage of legislative measures needed to effectively address the social, political, economic needs and development of the Bangsamoro.
Section 3. Privileges and Immunities. – Any Member of the Parliament who commits an offense that is punishable by not more than six (6) years imprisonment within the Bangsamoro territorial jurisdiction shall be privileged from arrest while the Parliament is in session.
No Member of the Parliament shall be questioned or be held liable in any other place for any speech or debate in the Parliament or in any of its committees.
Section 4. Disclosure. – Members of the Parliament shall, upon their assumption of office, make full disclosure of their financial and business interests, including those of their spouses and children. They shall notify the Parliament of any potential conflict of interest that may arise from the filing of bills or resolutions of which they are authors.
Section 5. Prohibition Against Conflict of Interest. – Pursuant to Section 15, Article VII of the OLBARMM, the Members of the Parliament, during their term, shall not engage, directly or indirectly, in any business or commercial enterprise in the BARMM where there may be a conflict of interest in the exercise of their functions.
Section 6. Prohibited Business and Pecuniary Interest. –
(a) It shall be unlawful for the Members of the Parliament to directly or indirectly:
(1) Engage in any business transaction with the Bangsamoro Government or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the Bangsamoro Government to such person or firm;
(2) Hold such interests in any cockpit or other games licensed by the Bangsamoro Government;
(3) Purchase any real estate or other property forfeited in favor of the Bangsamoro Government for unpaid taxes or assessment, or by virtue of a legal process at the instance of the Bangsamoro Government;
(4) Be a surety for any person contracting or doing business with the Bangsamoro Government for which a surety is required; and
(5) Possess or use any public property of the Bangsamoro Government for private
(b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest so provided for under Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees,” and other national laws shall also be applicable to the Chief Minister, Deputy Chief Ministers, Members of the Cabinet, and Members of the Parliament (Section 16, Article VII, Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao).
Section 7. Practice of Profession. –
(a) Members of the Parliament who are not holding Cabinet positions may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That Members of the Parliament who are also Members of the Philippine Bar shall not:
(1) Appear as counsel before any court in any civil case wherein the Bangsamoro Government or any office, agency, or instrumentality of the government is the adverse party;
(2) Appear as counsel in any criminal case wherein an officer or employee of the National Government or the Bangsamoro Government is accused of an offense committed in relation to the office;
(3) Collect any fee for appearance in administrative proceedings involving the Bangsamoro Government; and
(4) Use property and personnel of the government except when the Member concerned is defending the interest of the government.
(b) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, That the Members concerned do not derive monetary compensation therefrom.
Rule III. – Organizing, Convening, and Electing Officers of the Parliament
Section 1. Organizing the Parliament. – In the first session, the Parliament shall proceed with its organization. The Chief Minister shall preside over the session of the Parliament until the election of the Speaker.
As Presiding Officer, the Chief Minister shall call the session to order, call the roll of the Members of the Parliament and declare the presence of quorum.
Section 2. Election of the Speaker. – The Wali shall open the inaugural session of the Parliament through the ceremonial banging of the “agong” and his declaration of the opening of the regular session of the Parliament. The Speaker shall be elected by a majority vote of all the Members of the Parliament during the inaugural session through a standing vote with Members casting their votes without explanation. The vote of each Member shall be recorded in the Journal of the Parliament.
As many Members of the Parliament as are nominated may contest for the position: Provided, That if there are more than two (2) nominees and none of them obtains the requisite number of votes, a run-off election shall be conducted between the two (2) nominees who obtained the highest number of votes. No abstentions shall be permitted during the run-off election.
After the election of the Speaker, he/she shall immediately take his/her oath of office.
Section 3. Election of the Deputy Speakers and Other Officers of the Parliament; Non-Members. – The eight (8) Deputy Speakers, the Secretary-General, and the Sergeant-at-Arms shall be elected by a majority vote of all the Members of the Parliament during the inaugural session.
Section 4. Membership to the Majority and the Minority. – All Members of the Parliament who voted in favor of the Speaker shall be considered part of the Majority. All others shall be part of the Minority.
However, at any time thereafter, Members of the Parliament shall have the right to choose Membership either in the Majority or the Minority through an oral or written manifestation to the Speaker.
Section 5. Election of the Floor Leaders. – The Majority and Minority shall elect their respective Majority Floor Leader and Minority Floor Leader, and their respective deputies, from among their Members.
Section 6. Convening the Parliament. – The Parliament shall convene its regular session once every year on the second Tuesday of the month after Eid’l Fitr and not later than thirty (30) days before the opening of the next regular session. At the beginning of its regular session, the Chief Minister presents before the Parliament the policies and programs of the Government of the Day.
The Speaker, after due consultation with the Majority Floor Leader and the Minority Floor Leader, may convene the Parliament through teleconference or other reliable forms of electronic means when there is any occurrence of force majeure or a national or regional emergency where the physical presence of the Members of the Parliament in the plenary hall is not possible or is limited by circumstances.
The members using the teleconference platform shall be deemed present for the purpose of determining the quorum, participation in the deliberation, and casting of votes.
Guidelines related to teleconferencing may be issued by the Speaker, after consultation with the Majority Floor Leader, Minority Floor Leader, and the Secretary-General.
Section 7. Special Session of the Parliament. – From time to time, as the need arises, even when the Parliament is in recess, the Chief Minister or by a resolution of the majority of the Members of the Parliament may request the Speaker to convene the Parliament to tackle emergency situations or very important matters that need to be discussed, debated or a law passed to address the situation at hand.
Rule IV. – Officers of the Parliament; Duties and Responsibilities
Section 1. Officers of the Parliament. – On the first day of session and whenever there is a vacancy, the Parliament shall elect the Speaker, Deputy Speakers, the Majority Floor Leader and his/her deputies, and the Minority Floor Leader and his/her deputies, and such other officers as this Rules may provide, in the manner provided in Rule III.
Section 2. Term of Office of Elective Officers of the Parliament. – The term of office of the Speaker, the Deputy Speakers, and other officers of the Parliament shall begin upon their election and end when their successors shall have been elected.
Section 3. Presiding Officer. – The Speaker, the Deputy Speakers, or any other Member presiding over the Parliament shall:
(a) Secure the honor and dignity of the Parliament;
(b) Ensure the rights and privileges of all the Members; and
(c) Assure public access to the proceedings of the Parliament and its committees.
Section 4. The Speaker. – The Speaker shall be the Presiding Officer of the Parliament. The Speaker shall have the following duties and powers:
(a) Preside on all plenary sessions of the Parliament, except as hereunder otherwise provided. He/she shall open, conduct, and close each session day;
(b) Be responsible for the management of the proceedings and conduct of business of the Parliament;
(c) Maintain proper order and ensure that the right procedures are followed;
(d) Remain impartial during all debates and if he/she wishes to participate in the debate, he/she shall temporarily relinquish the chair;
(e) Vote only to break a tie;
(f) Be responsible over the use of the resources and facilities of the Parliament;
(g) Exercise administrative supervision over the legislative personnel, staff, and secretariat of the Parliament;
(h) Conduct regular monthly caucus of all Members of the Parliament or as often as may be necessary to discuss priority measures and to facilitate dialogue, consensus and actions on issues and concerns affecting the Parliament and the performance of its functions;
(i) Exercise general supervision over all committees and, in furtherance thereof, conduct regular monthly meetings with the chairpersons and vice-chairpersons of all Statutory and Parliamentary Committees to set legislative targets, review performance in the attainment of targets, ensure that the priority legislative measures of committees are attuned to the legislative agenda of the Parliament and resolve such issues and concerns that affect the operations and performance of the committees;
(j) Designate a Member of the Parliament as temporary presiding officer after informing the Deputy Speakers; Provided, That any such designation shall be effective for one session day only;
(k) Sign all acts, resolutions, and bills that may be issued by or upon order of the Parliament;
(l) Appoint career positions in the Parliament including co-terminus and contractual positions as well as contract of service therein;
(m) Perform such other duties and powers given to him/her by law and this Rules.
(n) Present to the Chief Minister every bill before signing into law;
(o) Submit to the President and to the Congress of the Philippines a certified true copy of all laws and resolutions approved by the Parliament; and
(p) Items a, b, c, d, and e shall likewise apply to the Deputy Speakers or any Member of the Parliament while they are presiding over the Session.
Section 5. Deputy Speaker. – Each of the Deputy Speakers shall assist the Speaker in the performance of his/her functions and duties. The Deputy Speakers shall have the following duties and powers, to wit:
(a) Take turns in presiding over the session, when the Speaker does not preside or has not designated any other Member as temporary presiding officer;
(b) Recommend to the Speaker appropriate policies and programs of action to improve the process of legislation and the quality of legislative measures;
(c) Act as the Speaker when so designated and in accordance with the designation, in case of the temporary incapacity or absence of the Speaker, until such time that the Speaker returns to office and resumes his/her work.
In the event that the Speaker does not make such a designation, the Deputy Speaker most senior in age shall act as the Speaker only for purposes of ensuring the continued operations of the Parliament but shall not perform items (g) and (l) in Section 4 as well as all acts not in the ordinary course of business of the Parliament.
The Deputy Speaker most senior in age shall assume the duties and powers of the Speaker as described in the previous paragraph in case of resignation, removal, death, and permanent incapacity of the Speaker, until such time that a new Speaker has been elected and qualified. He/she shall promptly inform the Chief Minister of the fact of resignation, removal, death, or permanent incapacity;
(d) Serve as ex officio member to all committees with a right to vote; and
(e) Perform such other duties and functions as may be assigned or delegated to him/her from time to time by the Speaker.
Section 6. Majority Floor Leader. – The Majority Floor Leader shall have the following powers and functions:
(a) Chair the Committee on Rules;
(b) Be an ex officio member for all committees with the right to vote;
(c) Direct the deliberations on the floor. As such, he/she shall:
(1) Cause the preparation of the Order of Business and announce the same during the Session;
(2) Determine the Members to be recognized by the Speaker to obtain the floor;
(3) Keep the list of interpellators or proponents of amendments to be recognized in the discussion of legislative measures; and
(4) Set the order of speakers during Privilege Hour based on a written communication from a Member of the Parliament;
(d) Have preference in moving for the suspension of the Rules;
(e) Be consulted on convening through teleconference or other electronic means in cases of force majeure or a national or regional emergency where physical presence of the Members of the Parliament in the plenary hall is not possible or is limited by circumstances; and
(f) Perform such other duties as may be directed by the Speaker.
In addition, the Majority Floor Leader shall act as the Whip for the Majority. As such, he/she shall articulate the position of the majority. The Majority Floor Leader shall inform any Member of the Parliament in the majority whose acts are inimical to the position of the Government of the Day and may, when warranted, remove such Member from the majority.
Section 7. Deputy Majority Floor Leader. – Each of the Deputy Majority Floor Leaders shall:
(a) Assist the Majority Floor Leader in the performance of his/her functions and duties;
(b) Assist the Majority Floor Leader in communicating the majority position to the members;
(c) Attend to all functions and responsibilities of the Majority Floor Leader in the latter’s absence;
(d) Act as Majority Floor Leader when so designated.
In the event that the Majority Floor Leader does not make such a designation, the Deputy Majority Floor Leader most senior in age shall assume the duties and powers of the Majority Floor Leader in case of resignation, removal, death, and permanent incapacity of the Majority Floor Leader, until such time that a new Majority Floor Leader has been elected and qualified;
(e) Be an ex officio member for all committees with the right to vote; and
(f) Perform such other duties as may be directed by the Majority Floor Leader and/or the Speaker.
Section 8. Minority Floor Leader. – The Minority Floor Leader shall:
(a) Speak on behalf of the minority;
(b) Be the vice chair of the Committee on Rules;
(c) Be an ex officio member for all committees with the right to vote; and
(d) Perform such other duties as may be directed by the Speaker.
Rule V. – Other Officers of the Parliament; Non-Members
Section 1. Secretary-General of the Parliament. – The Parliament shall have a Secretary-General who shall be accountable to the Parliament and the Speaker, and has the following duties and powers, to wit:
(a) Call the roll, at the beginning of every session, of the Members of the Parliament in alphabetical order;
(b) Record the Members present during the roll call and determine the required majority for the purpose of declaring the presence of a quorum of the Parliament to do business;
(c) Distribute copies of the Order of Business to the Members of the Parliament;
(d) Oversee the recording of the minutes of debates and deliberations in the plenary sessions;
(e) Record in its original form, keep and certify the Journal of each session: Provided, That Journals of executive sessions shall be recorded in a separate book and kept confidential;
(f) Supervise the counting of the votes of the Members of the Parliament in the plenary;
(g) Serve as the custodian of all the properties and records of the Parliament, and make an inventory of the same at the beginning and end of each regular session;
(h) Certify and affix the seal of the Parliament on all approved resolutions, bills, orders, and any other acts and legislative measures;
(i) Attest to and affix the seal of the Parliament on all writs, warrants, and subpoenas issued by the Speaker and/or upon the order of the Parliament;
(j) Ensure that all the necessary needs and conditions for the efficient and effective performance of the duties and works of all the Members of the Parliament, and Committee Members are provided;
(k) Ensure that the staff and employees of the Parliament, except those of the Members of the Parliament, perform their duties efficiently and effectively and observe civil service rules and regulations, and in case of any violation thereof, the Secretary- General may either impose the necessary disciplinary measures and/or recommend to the Speaker the dismissal of erring staff Members and employees;
(l) The Secretary-General shall, at every start of the session, have an updated printed status report on actions taken on resolutions and bills passed upon by the Parliament that must be available upon request by any Member of the Parliament. The status report must show, among others, the dates when the resolutions have been officially received by the concerned parties, as well as dates of publication of bills;
(m) The Secretary-General shall assist the Majority Floor Leader in maintaining the list of interpellators which shall serve as guide during the interpellation period on a particular bill or resolution; and
(n) Perform such other duties and functions as may be assigned or ordered by the Parliament and the Speaker.
Section 2. Sergeant-at-Arms. – The Sergeant-at-Arms shall be responsible for the discipline and security in the Parliament. In addition thereto, he/she shall have the following duties and powers:
(a) Attend all sessions in the plenary hall of the Parliament, and in case of committee meetings, hearings or public consultations, he/she may personally attend or designate his/her representative;
(b) Secure and maintain order in the accommodation in the gallery, offices, and other premises during the plenary sessions, committee meetings and hearings, and such other proceedings or activities of the Parliament whether or not the Parliament is in session in accordance with the orders of the Speaker;
(c) To recommend and implement upon the direction of the Parliament or Speaker, security management systems, policies and programs that will ensure the maintenance of order in the Parliament and its premises, protect the safety of the Members of the Parliament and employees, visitors and other persons who are within the premises of the Parliament on official business, and the preservation of properties, equipment, facilities and documents and records of the Parliament;
(d) Take into the Parliament’s custody any person, not being a Member thereof, who misconducts himself or does not leave the Session Hall when asked to do so or upon the instructions of the Speaker;
(e) Implement instructions, orders and serve all processes issued by the authority of the Parliament or the Speaker. He/she shall also be responsible for all mail and courier services;
(f) Custodian of the mace and is responsible for carrying and placing it in front of the Speaker’s rostrum;
(g) Recommend to the Speaker, through the Secretary-General, approval of the uniform to be worn by the personnel assigned to serve under him in the session hall; and
(h) Perform any and all functions and duties as may be assigned and ordered by the Parliament and the Speaker.
Rule VI. – Sessions
Section 1. Session. – Session is the period during which the Parliament meets to conduct its legislative and other related business.
Section 2. Sessions, Hearings, and Public Consultations. – In sessions of the Parliament or hearings and public consultations of any committee, the Secretary-General, through the respective Secretariats, shall furnish Members with the minutes or reports of previous sessions, hearings, and public consultations.
Section 3. Kinds of Sessions. – The Parliament conducts its business through convening in plenary with full powers and effects. Sessions are classified as:
(a) Inaugural Session. – Inaugural session is a session when the Parliament meets for the first time after the appointment or election of its Members.
(b) Regular sessions. – Regular sessions are sessions conducted by the Parliament based on its annual calendar schedules.
(c) Special Sessions. – Special sessions are sessions called by the Speaker, upon the request of the Chief Minister, in response to emergency situations or important matters, when public interest or public safety so requires.
The Speaker may, motu proprio, as the need arises, even when the Parliament is on recess, call a special session.
(d) Executive Sessions. – Executive sessions are sessions which are generally closed to the public involving regional security, public safety, public health, or subject matters that may be offensive to decency and public morals, and similar matters.
Section 4. Conduct of Sessions. – Plenary sessions shall commence at one o’clock in the afternoon on Mondays through Thursdays of the third and fourth week of the month except when the Parliament decides otherwise. The Speaker shall open, conduct, and close the sessions.
The Speaker, after consultation with the Majority Floor Leader and the Minority Floor Leader, may postpone the holding of the session on a day-to-day adjournment.
Upon motion of a member prior to the close of a given session, concurred in by at least a simple majority of those present the Parliament may convene and hold the immediately succeeding session through teleconference, video conference, or any hybrid thereof, and other reliable forms of remote or electronic means, using appropriate information and communications technology systems, only on account of force majeure or the occurrence of a national or regional emergency which may prevent the convening of the Parliament or the physical presence of its Members in the plenary hall. The members using the teleconference platform shall be deemed present for the purpose of determining the quorum, participation in the deliberation, and casting of votes.
Section 5. Adjournment of Session for the Day. – Adjournment refers to the termination of the session for that day, with the hour and day of the next session being set.
Section 6. Adjournment of Special Session. – A special session may only be adjourned upon the conclusion of the Order of Business for such a special session.
Section 7. Adjournment Sine Die. – Adjournment sine die is the final termination of a regular session.
Section 8. Open to the Public. – The sessions of the Parliament shall be open to the public, except when the Parliament announces otherwise.
The Office of the Sergeant-at-Arms shall issue guidelines to the public for entry into the session hall.
Rule VII. – Quorum
Section 1. Meaning of Quorum. – Quorum refers to the minimum number of the Members of the Parliament required to conduct any business of the day. Unless provided for in this Rules, a quorum shall exist when a simple majority, or the presence of fifty percent (50%) plus one (1) of all Members during the roll call, is obtained in plenary or in any committee.
A member who is physically unable to attend the sessions or committee meetings shall be considered present for purposes of quorum if present via teleconferencing, if the reason for such is any of the following:
(a) Permanent physical disability, which affects the concerned Member of the Parliament’s mobility;
(b) Contraction of any serious or highly contagious illness or disease, such as, COVID- 19, Monkey Pox, Chicken Pox, and the like;
(c) Exposure to any such illness or disease mentioned in par (b) that requires isolation; or
(d) Force majeure events or acts of God such as but not limited to natural disasters like typhoons, floods, earthquakes, technical issues with carriers and weather disturbances making travel impossible or unsafe.
The Member of the Parliament who seeks exemption from physical attendance on the above grounds shall submit to the Speaker or the Chairperson of the Committee, as the case may be, a medical certificate to such effect, prior to the holding of the session or committee meeting.
Section 2. Presence of Quorum. – After the determination of the presence of the quorum, the Speaker shall call the session into order.
The Majority Floor Leader or anyone acting on his/her behalf shall then announce the Order of Business.
Section 3. Absence of Quorum. – When the issue of absence of quorum is raised by any Member of the Parliament, the Speaker shall temporarily stop its proceedings and order the Secretary-General to count the Members who are present. Upon calling their respective names, the Members duly called shall manifest their presence.
Section 4. Classifications of Quorum. – The following are the classifications of quorum:
(a) Quorum for Plenary Sessions. – Fifty percent (50%) plus one (1) Member of the Parliament in plenary shall constitute a quorum.
(b) Quorum for Committee Meetings. – Thirty percent (30%) of the Members of the Committee in meetings shall constitute a quorum.
The presence of the Chairperson or any Member designated as Presiding Officer during a Committee Public Hearing or Consultation shall be sufficient to conduct business.
Rule VIII. – Parliamentary Order of Business
Section 1. Order of Business. – On any session day of the Parliament, each Member of the Parliament shall be furnished with a copy of the Order of Business.
The daily Order of Business shall be as follows:
(a) Call to Order;
(b) Invocation or Prayer;
(c) National Anthem;
(d) Bangsamoro Hymn;
(e) Roll Call;
(f) Reading and Approval of Journal of the Previous Session;
(g) Reference of Business:
(1) Bills on First Reading; and
(2) Resolutions, Messages, Memorials and Communications;
(h) Bills on Second Reading:
(1) Committee Reports on Bills;
(2) Period of Interpellations;
(3) Period of Amendments; and
(4) Approval of Second Reading.
(i) Resolutions Referred to the Committee:
(1) Committee Reports;
(2) Period of Interpellations;
(3) Period of Amendments; and
(j) Unfinished Business;
(k) Privilege Hour (refer to Rule IX);
(l) Question Hour (refer to Rule XI); and
(m) Bills on Third Reading.
On the first Wednesday of every quarter, the Order of Business shall include the Chief Minister’s Hour immediately after the Roll Call.
In case of a Special Session, the Order of Business as communicated shall be strictly in accordance with the purpose of the request of the Chief Minister or the order of the Speaker.
Section 2. Manner of Dissemination. – The daily Order of Business shall be posted on the websites of the Parliament and sent through electronic mail to the Members. As far as practicable, such Order of Business shall be sent at least three (3) days before the commencement of session.
Section 3. Amendment of the Order of Business. – Any Member of the Parliament may, after the Roll Call, move for an amendment of the Order of Business. If no amendment is raised, it shall be deemed adopted.
Rule IX. – Privilege Hour
Section 1. Privilege Hour; Duration. – Privilege hour shall be held for a period not exceeding sixty (60) minutes every Thursday of the regular sessions, and shall not be interrupted by any question or motion except a point of order or a motion to adjourn. In exceptional circumstances, where the person or integrity of the Parliament or of a Member is in clear danger of, or has been inflicted with such grave harm or injury, a question of personal or collective privilege may be allowed to interrupt the Privilege Hour.
Section 2. Privilege Hour, After Consideration of the Unfinished Business. – Upon the unanimous consent of the Parliament, the Privilege Hour, having expired, may be continued after the consideration of the Unfinished Business.
Section 3. Order of Speakers During Privilege Hour. – Any Member may speak on any matter of general interest. If more than one (1) Member desires to make use of this privilege, the first to register, either in writing with the Majority Floor Leader or verbally in open session, shall be given precedence. If sufficient time is left of the hour after a Member finished speaking, the next Member who registered to speak may do so, and so on until the full hour is consumed. If requests to make use of the Privilege Hour remain recorded at the expiration of the hour, they shall be recorded in the same order for the next Thursday, or for such other day that a Privilege Hour is conducted, as the case may be.
Section 4. Limitations. – Members shall not avail of the Privilege Hour to speak on concerns that are principally and directly related to the subject matter of measures already pending in any committee or in plenary session.
Section 5. Electronic Copy of Privilege Speech; Audio-Visual Presentation. – Any Member availing of the Privilege Hour shall submit an electronic copy of the privilege speech to the Majority Floor Leader at least twenty-four (24) hours before the intended date of availment of the Privilege Hour, along with a copy of the audio-visual presentation accompanying the privilege speech, if any.
Rule X. – Appearance of the Chief Minister and Cabinet Ministers in the Parliament
Section 1. Appearance of the Chief Minister. – At the beginning of its regular session, the Chief Minister shall deliver a general policy speech in the Parliament.
Section 2. Chief Minister’s Hour. – The Chief Minister or his/her designated Member of Cabinet shall render a report to the Parliament regarding the accomplishments and status of the Bangsamoro Government every first Wednesday of the quarter. Thereafter, the Members of the Parliament may be allowed to ask clarificatory questions on matters covered by the report.
Rule XI. – Question Hour
Section 1. Question Hour. – Question hour refers to the sixty (60) minutes every first Wednesday of the month when there is no Chief Minister’s Hour, wherein the Members of the Parliament may ask
Members of the Cabinet questions relative to the policies, programs, projects, and those pertaining to their official functions.
Section 2. Written Questions. – Members of the Parliament shall submit questions in writing addressed to any Member of the Cabinet for the Question Hour.
Written questions shall be submitted to the Secretary-General at least three (3) days before the Question Hour. Questions of an urgent nature or those relating to current issues shall be given priority. The written questions shall be read by the Secretary-General in the plenary session upon order of the Speaker.
If verbal answer is desired, the questions shall be answered and disposed of during the Question Hour without prejudice to a request made by the Minister concerned to ask for more time to prepare his/her answer. In no case shall the answer be submitted beyond five (5) working days from the date the same was required to be answered.
Section 3. Appearance in Executive Session. – The appearance of the Member of the Cabinet shall be done in an executive session when the security of the Bangsamoro or the public interest requires or the Chief Minister so states in writing.
Section 4. Questions; Withdrawal. – A Member of the Parliament may, at any time before the scheduled date of appearance of the Member of the Cabinet to answer, withdraw the question submitted. Questions may also be withdrawn by the proponent when no answer has yet been made.
The withdrawal shall be in writing and communicated to the Speaker, who shall immediately convey such withdrawal to the concerned Member of the Cabinet.
Section 5. Classification and Order of Calling Questions; Several Members of the Cabinet Present. – Questions may be classified and grouped together by subject matter by the Speaker who shall decide the order in which the said questions are to be dealt with.
If two (2) or more Members of the Cabinet are present on the same day of the Question Hour, the Speaker shall call successively, in the order in which the questions are received and listed, the first and next speaker-Member of the Cabinet accordingly. If within the specified schedule, the answers to the questions are not yet complete, the Speaker shall direct that the same be taken up during the next scheduled Question Hour.
Section 6. Standards Set for Questions. – Questions shall be structured in a straightforward and concise manner, must be based on facts, and asked for the purpose of obtaining information on matters of public interest within the competence and cognizance of the Member of the Cabinet to whom they are addressed.
The right of any Member of the Parliament to ask questions shall not:
(a) Contain arguments, inferences, imputations or defamatory statements;
(b) Ask for a hypothetical proposition;
(c) Attack the character or conduct of the Chief Minister or Member of Cabinet;
(d) Ask for information on matters pending or under consideration by any Parliamentary or Statutory committee;
(e) Ask on a matter under adjudication by a court of law, or any administrative bodies; and
(f) Ask information about matters which by their nature are classified as strictly confidential.
Section 7. Questions Not Conforming to Standards. – If the questions do not conform to the foregoing standards, the Speaker shall return them to the Member concerned and the latter may modify or restate the questions to make them conform to the said standards or appeal the action of the Speaker. Said appeal shall be resolved like all other appeals from the rulings of the Speaker without debate.
Section 8. Short Notice Question; When Allowed. – When a Member of the Parliament desires a verbal answer to a written question raised on a short notice which relates to a matter of public importance and is of an urgent character, the Speaker shall ask the proponent to briefly justify and state his/her reasons. In such case, the Speaker may direct the Member of the Cabinet concerned to reply immediately if he/she is in a position to do so, otherwise, he/she shall indicate the day of his/her reply which shall not be more than five (5) days from the date the urgency is discovered.
Section 9. Follow-Up Questions of Proponents of Original Questions. – During every Question Hour, it shall be in order for any proponent of the original questions to ask follow-up questions to the Member of the Cabinet concerned. The period for asking follow-up questions and the corresponding answer shall not exceed fifteen (15) minutes.
Section 10. Inclusion in the Order of Business. – The Majority Floor Leader shall facilitate and coordinate all matters relative to the conduct of the Question Hour for inclusion in the Order of Business.
Rule XII. – The Committees
Section 1. The Committee. – A Committee is an organized body composed of Members of the Parliament, constituted to specialize in particular areas of concern and to carry out specific functions. It considers and makes recommendations and draws reports concerning disposition of bills, resolutions, and other preparatory works to be presented to the plenary sessions of the Parliament.
Section 2. Classifications of Committees. – The Parliament shall have Statutory committees and Parliamentary committees. Ad hoc, joint ad hoc, special, and sub-committees may also be created and organized as the Parliament may deem necessary.
Section 3. Statutory Committees. – The Statutory committees are permanent committees provided under the OLBARMM and this Rules. The memberships and jurisdictions of the Statutory committees are:
(1) Committee on Finance, Budget and Management. – The Committee on Finance, Budget and Management shall have thirty-one (31) Members. It shall have jurisdiction on all matters relating to the preparation of budget and the appropriation of funds for the operations of the Bangsamoro Government including its expenditure, payment of public indebtedness, claims against the Bangsamoro Government, intergovernmental revenue sharing, and in general, all matters relating to public expenditures.
The work of the Committee on Finance, Budget and Management include the scrutiny and review of the budget and expenditure of the Bangsamoro Government.
(2) Committee on Basic, Higher, and Technical Education. – The Committee on Basic, Higher, and Technical Education shall have thirty-one (31) Members. It shall have jurisdiction over all matters relating to education, schools, universities, colleges, Madrasah, welfare of teachers and students, alternative learning systems, and special, non- formal and technical education and trainings.
(3) Committee on Environment, Natural Resources, and Energy. – The Committee on Environment, Natural Resources, and Energy shall have twenty-seven (27) Members. It shall have jurisdiction on all matters relating to natural resources including their exploration, development, management, conservation, and utilization; and lands of the public domain, mines and minerals, forests, parks and wildlife, marine resources, and ecosystem management and pollution control.
It shall also exercise jurisdiction on all matters relating to the provisions on power and energy as provided in the OLBARMM, including the exploration, development, utilization or conservation of energy resources, alternative and renewable energy resources.
(4) Committee on Agriculture, Fisheries and Agrarian Reform. – The Committee on Agriculture, Fisheries and Agrarian Reform shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to agriculture, food and agricultural production, agri-business, agricultural research and technology, agricultural education, including extension services, agricultural experimental and nursery stations, soil survey and conservation, irrigation, animal husbandry and quarantine, crop and livestock production, farm credit and farm security, insurance and guarantee programs, agricultural support prices, fisheries and aquatic resources, fresh water and fisheries culture, research and technology, and fisheries education and training.
It shall also exercise jurisdiction on all matters relating to the implementation of the agrarian reform law, either passed by the Congress or the Parliament and which are applicable in the BARMM including support for agrarian reform beneficiaries.
(5) Committee on Local Government. – The Committee on Local Government shall have twenty-nine (29) Members. It shall have jurisdiction on all matters relating to the enactment of the Bangsamoro Local Government Code as well as those relating to local administration and local government units such as the provinces, cities, municipalities, and barangays within the BARMM, including their revenues and expenditures.
(6) Committee on Health. – The Committee on Health shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to public health, sanitation, and hygiene, medical, allied healthcare, hospital, quarantine services and facilities for the promotion of health services and awareness to the public, including nutrition and population and its related activities and services.
(7) Committee on Social Services and Development. – The Committee on Social Services and Development shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to delivery of basic social services and social development which develop and enhance the individual and community life, including the welfare of persons with disabilities and special needs.
(8) Committee on Labor and Employment. – The Committee on Labor and Employment shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to labor, employment and human resource development, advancement and protection of the rights and welfare of workers, maintenance of industrial peace and promotion of employer- employee cooperation, labor education and labor standards, and promotion of labor market including recruitment, training, and placement of manpower.
(9) Committee on Trade, Investment and Tourism. – The Committee on Trade, Investment and Tourism shall have seventeen (17) Members. It shall exercise jurisdiction on all matters relating to the planning and programming of general economic development involving the regulation and diversification of industry and investments, which may or may not require public indebtedness, whether domestic or local.
It shall exercise jurisdiction over private corporations, domestic and foreign trade, handicraft and cottage industries, intellectual property rights, patents, trade names and trademarks, standards, weights, measures and designs, quality control, consumer protection, and stabilization of prices of commodities.
It shall also exercise jurisdiction on all matters relating to the development and promotion of the tourism industry in the BARMM.
(10) Committee on Transportation and Communications. – The Committee on Transportation and Communications shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to land, sea, and air transportations, including seaports, airports, and other systems of transportation, all lighthouses, postal, telegraph, radio, cable, television, telephone and other communication services.
(11) Committee on Public Works. – The Committee on Public Works shall have thirty-one (31) Members. It shall have jurisdiction on all matters relating to planning, construction, maintenance, improvement, safety, and repair of public infrastructure including roads, bridges, harbors, parks, drainage, flood control and protection, and water systems.
(12) Committee on Human Settlements and Development. – The Committee on Human Settlements and Development shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to urban, and rural planning and development, housing and shelter service delivery, resettlements, and other related activities which help uplift the conditions of the inhabitants of the BARMM.
(13) Committee on Public Order and Safety. – The Committee on Public Order and Safety shall have seventeen (17) Members. It shall exercise jurisdiction on all matters relating to public order and safety, policing, fire and jail management, suppression of criminalities such as, but not limited to, illegal gambling, organized crimes, terrorism, illegal drugs, regulation of the private security agencies, firearms, firecrackers, pyrotechnics, destructive fires, rescue, emergency medical services and research and development in the internal security and safety aspects within the BARMM.
(14) Committee on Indigenous Peoples’ Affairs. – The Committee on Indigenous Peoples’ Affairs shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to indigenous peoples’ rights embodied in the OLBARMM and the development of their communities.
(15) Committee on Science and Technology. – The Committee on Science and Technology shall have seventeen (17) Members. It shall have jurisdiction over all matters relating to science and technology, including disaster risk mitigation, scientific and technological research, development and advancement, and climate and weather forecasting.
(16) Committee on Bangsamoro Justice System. – The Committee on Bangsamoro Justice System shall have twenty-five (25) members. It shall have jurisdiction on all matters relating to the plural justice systems in the BARMM, including but not limited to Muslim personal, family, and property relations provided for under Presidential Decree No. 1083, as well as commercial, other civil actions and criminal jurisdiction which the Parliament has the power to legislate on as provided under Republic Act No. 11054.
(17) Committee on Women, Youth, Children, and Persons with Disabilities. – The Committee on Women, Youth, Children, and Persons with Disabilities shall have twenty- five (25) Members. It shall have jurisdiction on all matters relating to the representation, participation, welfare, and development of women, youth, children, and persons with disabilities.
The memberships of Statutory committees shall be indicative on the basis of proportional representation affiliated with the Majority and the Minority of the Parliament, and may be increased or decreased as may be deemed proper by the Majority Floor Leader.
Section 4. The Parliamentary Committees. – Parliamentary committees are permanent committees which exercise continuing responsibility in the legislative activity of the Parliament, and are hereinafter set up in this Rules. The Parliament shall, upon the recommendation of the Committee on Rules, organize and adopt Parliamentary committees, Provided, That the memberships of Parliamentary committees shall be on the basis of proportional representation affiliated with the Majority and the Minority of the Parliament.
The following are the Parliamentary committees with their corresponding number of memberships and jurisdictions:
(1) Committee on Rules. – The Committee on Rules shall have twenty-nine (29) Members. It shall have jurisdiction on all matters affecting the procedures and practices of the Parliament, the calendar, order and manner of conducting business, and the creation of the committees, ad hoc, joint ad hoc, special, sub-committees and all other committees that may hereinafter be created. The Majority Floor Leader shall be the Chairperson of the Committee on Rules with the option to choose a Vice Chairperson, preferably from among the Minority, if any.
(2) Committee on Accounts. – The Committee on Accounts shall have seventeen (17) Members. It shall have jurisdiction over all matters pertaining to the review and assessment of the budget of the Bangsamoro Parliament.
(3) Committee on Ways and Means. – The Committee on Ways and Means shall have seventeen (17) Members. It shall have jurisdiction on all matters relating to income, revenues, taxes and fees, loans and borrowings, credit and bonded indebtedness, and other sources and forms of revenues.
(4) Committee on Good Government, Accountability of Public Officers and Investigation, otherwise known as the Blue Ribbon Committee. – The Blue Ribbon Committee shall have twenty-five (25) Members. It shall have jurisdiction over all matters including, but not limited to, investigation of malfeasance, misfeasance, and nonfeasance in office committed by officers and employees of the Bangsamoro Government, including the Parliament.
The committee may, on its own initiative, or upon the order of the Parliament, initiate the investigation.
(5) Committee on Ethics and Privileges. – The Committee on Ethics and Privileges shall have seventeen (17) Members. It shall have jurisdiction over all matters relating to the duties, conduct, rights, privileges, immunities, integrity, and reputation of the Parliament and its Members. It carries out independent, objective, and impartial investigations into complaints against the Members of the Parliament.
(6) Committee on Amendments, Revision, and Codification of Laws. – The Committee on Amendments, Revision, and Codification of Laws shall have seventeen (17) Members. It shall exercise jurisdiction on all matters relating to the codification or amendment of laws passed by the Parliament, and proposals to amend or revise the OLBARMM for submission to the Congress of the Philippines.
(7) Special Committee on the Marawi Recovery, Reconstruction, and Rehabilitation. – There is hereby created a Special Committee on Marawi Recovery, Reconstruction, and Rehabilitation, otherwise known as the Special Committee on Marawi, which shall be the BTA’s mechanism for gathering information on the recovery, reconstruction, and rehabilitation efforts planned and/or implemented for Marawi City.
(a) Composition. – The Special Committee on Marawi shall be composed of a Chair, a Vice-Chair, and such number of members as the Rules or the BTA may allow. The composition of the Special Committee shall be confirmed by the BTA in Plenary Session;
(b) Function. – The Special Committee on Marawi Shall perform the following functions:
i. Gather information on the status of the Marawi recovery, reconstruction, and rehabilitation;
ii. Invite relevant national, regional, and/or local government agencies, non- government institutions, local government executives, private experts/individuals, and other resource persons which may share information on the status of the Marawi recovery, reconstruction, and rehabilitation. The Special Committee shall have the power to issue subpoena ad testificandum for this purpose;
iii. Request documents from relevant national, regional, and/or local government agencies, non-government institutions, local government executives, private experts/individuals, and other resource persons, which documents contain information relevant to the status of the Marawi recovery, reconstruction, and rehabilitation. The Special Committee shall have the power to issue subpoena duces tecum for this purpose;
iv. Submit regular reports on the information gathered from the hearings to the BTA;
v. Make the hearings open to the public and the committee reports available to the public; and
vi. Perform such other functions as may be determined by the Chair or the BTA as relevant to the purpose of the Special Committee on Marawi.
(c) Continuation of existence. – The Special Committee shall continue to exist until it is satisfied that Marawi City is recovered, reconstructed, and rehabilitated, unless otherwise earlier dissolved by the BTA.
Section 5. Officers of the Committees. – Except for the Committee on Rules, the Chairperson of each Committee shall be elected by the Members of the Parliament in plenary. Each Committee shall elect at most three (3) Vice-Chairpersons from among its Members upon nomination by any of the members of the Committee as a whole, provided that one of the Vice-Chairpersons comes from the minority.
The Chairperson and, in his/her absence, any of the Vice-Chairpersons shall preside over the committee meetings and hearings.
Section 6. Committee Secretariat, Staff. – Each Committee shall have a secretariat and staff. It shall provide the Members of the committees with adequate, up to date, relevant and efficient technical support to enable them to perform their legislative tasks and responsibilities.
It shall also prepare the minutes of the debates and discussions among the Members of the committee including the views and opinions of invited resource persons and experts, and sign them together with the Chairperson of the committee.
Section 7. Membership in the Committees. – The Membership in each committee shall be divided between the Majority and the Minority in proportion to their respective membership in the Parliament.
The Speaker, Deputy Speakers, Majority Floor Leader, Deputy Majority Floor Leaders, and Minority Floor Leader shall be ex officio Members for all committees. They will have the right to vote. Their ex officio Membership shall not count in nor affect the proportional representation of the Majority and Minority in the committee.
Section 8. Nomination and Affirmation of Officers and Members of the Committees. – The Majority and the Minority shall submit the names of their respective nominees for each committee, including those of the selected Committee Chairpersons and Vice-Chairpersons, to the Speaker. The Majority Floor Leader shall present the names to the Parliament who shall, upon motion of the Majority and Minority Floor Leaders, affirm the same in plenary session, without putting the same to a vote.
Section 9. Commencement in the Exercise of Duties and Functions. – The Chairperson, Vice- Chairpersons, and Members shall commence the exercise of their duties and functions immediately after their affirmation in the plenary session. They shall cease to perform their duties and functions when their successors shall have been duly elected and qualified.
Section 10. Sub-Committee. – Each committee may create and organize a sub-committee to deal on specific issues. It shall also define and determine the membership and general jurisdiction of each sub-committee.
The Chairperson of the Committee shall appoint the Chairperson and Vice-Chairperson for each sub- committee. The sub-committee Chairperson, and in his/her absence, the sub-committee Vice- Chairperson shall preside over the sub-committee meetings and hearings.
Section 11. Special Committee. – Upon motion duly seconded in plenary session, or upon the recommendation of the Committee on Rules through its Chairperson, the Parliament may organize a special committee and define its jurisdiction.
The officers and members of such a special committee shall be affirmed in the same manner as those of other committees.
Section 12. Ad Hoc Committee. – Ad hoc committee is a temporary committee set up under this Rules to consider specific issues which necessitate immediate and prompt action by the Parliament. It has a relatively short time to carry out its work and report to the appropriate Committee or the Parliament.
Section 13. Ad Hoc Joint Committee. – An ad hoc joint committee is a temporary committee which may be formed and organized to consider matters of interest of two (2) or more committees.
Section 14. Oversight Functions and Responsibilities. – All committees shall have oversight functions and responsibilities to ensure that laws, policies, and programs addressing specific concerns within their respective jurisdictions have been carried out by the concerned ministries and implemented in accordance with the purpose of the law and the intent of the Parliament.
Section 15. Committee of the Whole. – The Committee of the Whole refers to the act of the Parliament in constituting itself into a committee to consider a bill or resolution.
Section 16. Committee Report. – Committees are required to prepare and submit a committee report which contains the discussions and the views expressed by the individual Members and all the invited resource persons and experts on the bill or resolution under its consideration as well as the amendments introduced and their justifications.
The Members who participated in the final voting must sign the report, either in favor, with reservation, or dissenting.
Any Member who has signed the committee report cannot ask questions or make a statement contrary to the report, except about the points in the committee report he/she has objected to, abstained, and signed with reservation.
The committee report shall be printed, distributed, and forwarded to the Office of the Secretary-General. It shall also be made available to the public in writing or electronic form.
Section 17. Reservations by Members. – The Members of the Committee who do not support any legislative proposal adopted by a committee, may submit a reservation in which a Member may state his/her reason and/or what he/she thought should be done. The reservation shall be included in the committee report.
Section 18. Power to Adopt, Amend or Reject Bill. – A Committee shall have the power to adopt, amend, revise, or reject the Government bill or Private Member bill referred to it.
Section 19. Vacancy and Succession. – In case of vacancy in the Membership of a committee, the same shall be filled up immediately by the Majority or Minority Leaders of the Members of the Parliament whose member caused the vacancy.
In case of absence or temporary incapacity of the Chairperson, the Vice-Chairperson/s shall automatically assume the duties of the former until such time that he/she returns to office and resumes work.
Rule XIII. – Committee and Sub-Committee Meetings, Hearings, Consultations, and Other Activities
Section 1. Committee and Sub-Committee Proceedings, When and Where Held. – The meetings, hearings, and consultations of the Committees and Sub-Committees are held in the mornings of Tuesday, Wednesday, and Thursday in the Executive Lounge of the Parliament building during the regular session of the Parliament, without prejudice to holding it, whenever necessary, on days and in venues outside of those herein mentioned. Only the Committee on Rules and such committees and sub- committees to which it has granted permission may meet and/or conduct hearings or consultations while the Parliament is in plenary session, has adjourned, or is in recess.
The Committees and Sub-Committees may organize public hearings and consultations for the purpose of obtaining more information and facts and a wider view on any prospective legislative measures from experts, stakeholders, and the public at large. These hearings and consultations are open to the general public.
The Committee and Sub-Committee may also go on research visits and/or on-site investigations.
Section 2. Teleconference, Video Conference, and other Similar Modes of Conduct of Committee and Sub-Committee Proceedings. – For the same reasons and the same procedure provided under Section 2, Rule VI, the Committees and Sub-Committees may conduct meetings, hearings, and consultations through teleconference, video conference or other reliable forms of remote or electronic means using appropriate information or communication technology systems due to force majeure or a national or regional emergency which may prevent Members from physically attending the committee or sub-committee meetings or hearings.
Section 3. Notice of Committee Proceedings. – Members shall be notified in writing through electronic mail or instant messaging three (3) calendar days before a regularly scheduled committee or sub-committee meeting, hearing, or consultation. When the Speaker authorizes the conduct of an immediate meeting or hearing for the passage of urgent legislative measures, the three-day notice rule shall not apply.
Section 4. Attendance in Committee Meetings. – Members of the Committee shall be obliged to attend all committee meetings or hearings.
Any Member who fails to attend any committee meeting or hearing for three (3) consecutive times or one-third (1/3) of the total meetings and hearings in one (1) year, without leave or any justifiable cause duly communicated and received by the Committee, may be removed from the Committee. The vacancy shall be promptly filled by the Majority or Minority to which he/she is affiliated.
Section 5. Who May Attend Committee Meetings. – Committee and Sub-Committee meetings or hearings are open to all Members of the Parliament. However, only members of the Committee or Sub- Committee may make and present a motion and vote.
Any Member of the Parliament may view and read documents of the Committee or Sub-Committee, whether he/she is a member or not.
Section 6. Audio and Video Recording of Committee Proceedings. – Only official audio and video recording by the Committee Secretariat or the media division of the Parliament shall be allowed during Committee meetings, hearings, consultations, and other such activities, unless permission is sought and approval is obtained from the Committee Chair prior to the start of the committee proceedings.
Rule XIV. – Appearance of the Chief Minister, Members of the Cabinet, Resource Persons, and Experts in the Committee and Sub-Committee
Section 1. Appearance of the Chief Minister, Members of the Cabinet, and other Government Officials. – The Chief Minister, or his/her duly authorized Members of the Cabinet, or any high ranking official of the Government, may attend any committee meetings or hearings, if he/she deems it necessary.
The appearance of the Member of the Cabinet or any Ministry official, with the consent of the Chief Minister, in the Committee shall pertain to any matter within his/her expertise and cognizance.
Section 2. Member of the Cabinet as a Resource Person. – A Member of the Cabinet may answer, either verbally or in writing, questions of the Members of the Parliament or Committee. Interpellations of Members shall not be limited to the written questions, but may cover matters related thereto. The questions and answers shall be recorded in the Journal of the Parliament and in the minutes of the committee, as the case may be.
Section 3. Correspondence with Ministries. – A Committee may communicate with any Member of the Cabinet or Ministry through the Chief Minister and request for the production of necessary and relevant information needed for the efficient performance of a committee.
Section 4. Appearance of Resource Persons and Experts. – The committee may invite and consult experts and resource persons having expertise or knowledge in a particular field in order to gather more facts, knowledge and information that will help form the conclusion to the matter under consideration.
Section 5. Resource Persons Listed in the Order of Business. –The Order of Business shall specify the subject of the questions, the resource persons requested to answer them, and the proponents thereof.
Section 6. Appearance in Executive Session of Resource Persons and Experts. – The appearance of resource persons and experts in the committee hearing shall be conducted in executive session when the security of the Republic of the Philippines, the Bangsamoro or public interest so requires.
Section 7. Appearance in Executive Session of Members of the Cabinet. – An executive session may be requested by any Cabinet Minister or upon the request of one-third (1/3) of the Members of the Committee. In such meeting, the discussions, deliberations, and all matters taken thereon shall be held in strict confidence.
Section 8. Transcripts of Executive Sessions. – Under no circumstances may minutes or transcripts of executive sessions, or evidence or witnesses be disclosed to the public.
Rule XV. – Power of the Committee to Issue Subpoena
Section 1. Power of the Committees. – The Parliamentary committees shall have the power to conduct inquiry in aid of legislation including the power to summon witnesses and take their testimony, and to issue subpoena and subpoena duces tecum, signed by the Chairperson of the Committee or in his/her absence by the Vice-Chairperson, and approved by the Speaker of the Parliament.
Section 2. Service of Subpoena. – Within the BARMM, such process shall be served by the Sergeant- at-Arms of the Parliament. Outside of the BARMM, service may be made by the police of a municipality or city, upon request of the Secretary-General.
Section 3. Subpoena to Non-Government Witnesses. – Witnesses who are not government officials summoned by the Committee shall be entitled, upon request, subject to approval of the Speaker, to reasonable transportation expenses plus such amounts to defray the cost of his/her stay in the venue of the committee hearing on a day-to-day basis.
Rule XVI. – Power of Contempt of Parliament
Section 1. Contempt; Definition. – Contempt is the act of being disobedient or disrespectful in the form of behavior that defies the authority and dignity of the Parliament, its committees and their respective Members.
It also refers to the act of obstructing the performance of the official functions of the Parliament and its Committees.
Section 2. Contempt Power of the Parliament and Committees. – The Parliament and the Committees shall have contempt power. In order to discharge its functions in an orderly, efficient and timely manner, the Parliament and its committees must be accorded the coercive power to discipline any person who refuses to honor the invitation and subpoena, to produce documents and witnesses, and to answer questions propounded by its Members during hearings; and who besmirch the reputation of the Parliament or its Members.
Section 3. Order of Contempt by Speaker or Committee Chair. – The Speaker or Chairperson of a Committee, with the concurrence of the majority of its Members, may punish or cite in contempt any witness appearing before it who disobeys any of its orders, or refuses to be sworn or testify to answer a question, or when testifying, speaks falsely or evasively, or who unduly refuses to bring certain documents and/or objects of evidence required, notwithstanding the issuance of the appropriate subpoena therefor.
Section 4. Punishment for Contempt. – A witness may be ordered by the Committee to be detained in such place as it may designate under the custody of the Sergeant-at-Arms until such witness agrees to produce the required documents, or to be sworn or to testify, or otherwise clear himself of that contempt.
A report of the detention of any person for contempt shall be submitted by the Sergeant-at-Arms to the Office of the Speaker, committee concerned, and the Office of the Chief Minister.
Rule XVII. – Bills and Resolutions
Section 1. Bill. – A bill is a proposed measure, or amendment or repeal of an existing law, presented to the Parliament for its consideration.
Section 2. Kinds of Bills. – The following are the kinds of bills introduced and filed with the Parliament:
(a) Government Bill. – Government bill refers to a legislative initiative that the Government of the Day submits to Parliament for approval or amendment.
If the Members of the Parliamentary Committee, sub-committee, special committee, ad hoc and ad hoc joint committee, as a result of meetings, hearings, public consultations, investigation and inquiry discover the need to pass a new law or amend or revise an existing law, they may, in the first instance, persuade the concerned Member of the Cabinet to draft the bill.
Such bill shall be presented to the Chief Minister and the Cabinet and if it passes their approval, the legislative measure shall be introduced by the Government of the Day as a Government bill before the Parliament.
(b) Private Member Bill. – A Private Member bill refers to a legislative initiative introduced by a Member of the Parliament who is not a Minister for approval or amendment.
Government bills shall have precedence over Private Member bills without prejudice to consolidation.
(c) Popular Initiative. – Popular Initiative refers to the process whereby a bill is proposed directly by the people as part of participatory democracy in the Bangsamoro Autonomous Region. (Definition of Terms, BAA No. 13)
The Parliament shall regulate popular initiative as regards the submission of bills which are to be considered by it to be embodied in Guidelines that may form part of this Rules.
Section 4. Resolution. – A resolution is a document expressing the sentiment or opinion of the Parliament. It does not create or modify a law.
Section 5. Types of Resolutions. – There are three (3) types of resolutions in the Parliament, to wit:
(a) Simple Resolution. – A simple resolution is a measure used by the Parliament to take action affecting its own procedures, urgent resolution requiring immediate action by the Parliament, or to express an opinion, sympathy or commendation.
(b) Concurrent Resolution. – A concurrent resolution is a resolution issued concurrently by both the Bangsamoro Cabinet and the Parliament expressing their sentiments on certain matters.
(c) Joint Committee Resolution. – A joint committee resolution is a resolution of two (2) or more committees expressing the will or action of the Members on certain matters. This requires the majority vote of all the Committees concerned.
Section 6. Simple and Concurrent Resolutions. – Simple and concurrent resolutions shall not be subject to the ordinary procedure as prescribed in the Stages of Legislation herein provided. The Parliament or the Committees concerned in a plenary session shall promptly act on these matters.
Section 7. Structure of a Bill; Order. – The following shall be the order of the contents of a bill, to wit:
(a) Explanatory Statement; Optional. – Explanatory statement sets out the purposes or reasons for introducing the bill.
(b) Number. – Number refers to the assigned number as to the order it is received by the Office of the Secretary-General of the Parliament.
(c) Title. – Title spells out the purpose of the bill in general terms and must accurately reflect its contents.
(d) Sponsor. – Sponsor refers to the author or authors who introduce the bill in the Parliament and whose names are enumerated therein. They shall sign the bill as Sponsors.
(e) Enacting Clause. – Enacting clause states the authority under which the bill will be enacted.
Example: Be it enacted by the Parliament in session assembled.
(f) Body of the Bill. – Body of the bill is broken into Rules and Sections, each of which is numbered in Roman and Arabic numerals, respectively. A section may have more than one (1) paragraph. It may contain sub-sections which are sequentially lettered. Likewise, a sub-section may have more than one (1) paragraph.
(g) Amendment and Revision. – A bill may contain an amendatory or revision clause which shall modify, improve, or supersede an existing law. (Tramadol) If a bill proposes to amend or revise an existing law, the title must mention the law being amended or revised.
(h) Separability Clause. – A bill contains a separability clause which states that if any portion or provision of the law is declared unlawful or unconstitutional, other sections or provisions which are not affected by such declaration shall continue to be in full force and effect.
(i) Effectivity. – Effectivity clause is the final section of a bill which announces when it shall take effect.
Section 8. Form of a Proposed Resolution. – The following shall be the order of the form of a proposed resolution, to wit:
(a) Number. – Number refers to the assigned number as to the order it is received by the Office of the Secretary-General of the Parliament.
(b) Authors. – The Authors introduce the proposed resolution in the Parliament and their names shall be enumerated therein. They shall sign the proposed resolution.
(c) Title. – Title spells out the purpose of the proposed resolution and must accurately reflect its contents.
(d) Body. – The body contains the ‘Whereas Clauses’ which present the justifications or reasons for the proposed resolution.
(e) Final Statement of the Proposed Resolution. – This contains the specific sentiments or opinions expressed by the authors and as may be adopted by the Parliament.
Section 9. Filing of Bills and Resolution. – Bills and resolutions shall be signed by their author(s) and together with an electronic copy thereof, filed with the Secretary-General, who shall assign a number to each bill or resolution. The Secretary-General shall not receive a bill or resolution unless it is accompanied by an electronic copy thereof. In case of any discrepancy between the printed and the electronic copies of the bill or resolution, the printed copy shall prevail. The bill or resolution shall then be forwarded to the Office of the Speaker.
Section 10. Referral of Bills and Resolutions. – The Speaker shall have the duty to refer the Government bills, Private Member bills or resolutions to the appropriate committees.
Section 11. Deferral. – In the absence or inability of the Member of the Cabinet, the author of the Private Member bill or the sponsor of the resolution, as the case may be, the debate or deliberation of the particular bill or resolution may be deferred. Such deferral shall be communicated in writing to the Chief Minister, the relevant ministry, the concerned committee, the author of the Private Member bill, and other officials required to be present in the next session date.
Section 12. Amendments of Bills and Resolutions. – All bills and resolutions shall be subject to amendments; but in order that the amendments may be considered, they should be presented concretely and specifically in the course of the debate, indicating therein the page and the line in which the amendments are proposed to be made. The proponent may be required to present the amendment in writing in order to expedite the proceeding.
Whenever a Member of the Parliament wishes to retain in a measure some words or phrases which have been substituted or deleted by the committee that reported it, an amendment to that effect must be presented as if such words or phrases have never appeared on the bill.
No amendment by substitution shall be entertained unless the text thereof is submitted in writing. Any of said amendments may be withdrawn before a vote is taken thereon.
Section 13. One Subject Matter. – A bill shall only have one (1) subject matter, and an amendment which seeks the inclusion of a provision not germane to the purpose of a bill (rider) shall not be allowed.
Section 14. Substitution of Bill; Subject Distinct. – A bill or resolution shall not be amended by substituting it with another which covers a subject distinct from that proposed in the original bill or resolution.
Section 15. Amendments during the Plenary. – The following amendments can be presented in the plenary:
(a) Committee Amendment. – Committee amendment refers to any alteration or changes by addition, deletion, substitution, or any amendment to a bill offered by the concerned committee.
(b) Floor or Individual Amendment. – Floor or Individual amendment refers to any alteration or amendment by addition, deletion, substitution or any amendment to a bill offered by a concerned Member.
Rule XVIII. – Stages of Legislation; Consideration of Bills and Resolutions
Section 1. Stages of Passing a Law. – A bill filed in the plenary session, either as a Government bill, a Private Member bill, or a Popular Initiative, shall pass through several stages before it becomes a law.
Section 2. Stages of Legislation. – The stages of legislation in the Parliament shall be as follows:
(a) First Reading. – The Secretary-General shall report all bills and resolutions to the Parliament for First Reading. The First Reading shall involve only the reading of the number, title, and author of the bill or resolution, followed by a declaration of the Speaker whether the bill is a Government bill or a Private Member bill. If the bill is a Private Member bill, the author may propose the inclusion of additional authors by making the appropriate request to the Majority Floor Leader.
(b) Second Reading. – A bill or resolution on Second Reading shall be read in full unless copies thereof have been distributed to the Members. The proponent shall deliver his/her authorship speech which is the explanatory statement of his/her bill or resolution. Thereafter, the bill shall be referred to the appropriate committee by the Majority Floor Leader.
The Chairperson of a Committee to which a bill or resolution is referred may make a written request to the Committee on Rules for a change of referral of such bill or resolution, citing the grounds therefor. The Committee on Rules shall decide on the request within five (5) days from receipt thereof.
(c) Committee Stage. – At this stage, the concerned committee shall examine, scrutinize and deliberate in detail and line by line the legislative proposal. It may consult, invite, and solicit opinions from experts, relevant ministries and offices, the public and other interested parties.
The committee concerned may propose amendments or revisions to the proposal, and if there are no changes made, the bill is deemed submitted to the next stage. The Committee shall then render a report on the bill to the plenary.
(d) Consideration and Deliberation Stage. – The Members of the Parliament shall deliberate and debate the committee report, including proposed amendments, if there are any, in the plenary session, except when the proponent has already agreed to adopt the committee amendments.
If the proponent of the committee report does not accept the amendments, the period of amendment continues, and he/she can propose his/her own amendments. This is called the Committee Amendments which refer to the alterations, modifications, and changes made or proposed to be made to the bill that is offered by the proponent.
Individual Members can also propose an amendment. This is called individual or Floor Amendments, which refers to any alteration, modification, and change made or proposed to be made to the bill by other Members of the Parliament.
Both the committee amendments and individual or floor amendments shall be debated and voted upon.
(e) Third Reading or Final Stage. – During the third reading or final stage, there shall be a final debate on whether or not to pass the bill. No amendment can be considered at this time. The proponent of the bill or author of the motion shall have the right to close the debate.
During the voting, the Majority Floor Leader shall only read the title of the bill, provided that printed copies of the bill shall have been distributed to the Members of the Parliament at least three (3) days before voting ensues. However, in case of a certified bill or emergency bill, the three (3) days requirement herein is waived and the voting can be done on the same day the bill is approved on Third Reading.
The Speaker shall ask for a roll call vote by show of hands or by standing or sitting provided that any Member who wishes to abstain shall verbally manifest his abstention, without the need of explanation.
(f) Approval of the Bill. – After going through the stages herein provided, the printed form of the approved bill shall be signed by the Speaker and the Chief Minister.
(g) Effectivity. – The enacted law shall take effect after fifteen (15) days following its complete publication in at least one (1) newspaper of general circulation within the BARMM.
Section 3. In cases of Public Calamity or Emergency; Exception. – No bill shall become a law unless it has passed the stages of legislation except when the Chief Minister certifies to the necessity of its immediate enactment to respond to a public calamity or emergency. For this purpose, the Chief Minister shall immediately forward to the Speaker the certified measure. Within twenty-four (24) hours from receipt of the certification, the Parliament shall act for the immediate passage of an emergency bill.
Section 4. Swift Passage Procedure. – The Parliament shall, in exceptional cases, adopt the Swift Passage Procedure which is a speedy disposition of a bill in seven (7) working days that skips the detailed scrutiny and examination period in the Committee Stage provided in Section 2(c), Rule XVIII, of this Rules.
This procedure allows cross-party or free conscience voting.
Rule XIX. – Debates and Deliberations
Section 1. Debate. – Debate is the formal discussions of a measure under consideration in the plenary, according to this Rules.
Section 2. Opening of the Debate. – The Speaker shall open the debate on every item of the Order of Business unless such a debate is inadmissible or subject to special conditions.
The Speaker shall state the question before the plenary session when it becomes ready for consideration by the Parliament. A Member has the right to speak and must address his/her views and remarks to the Speaker.
Section 3. List of Interpellators. – The Majority Floor Leader shall maintain a list of interpellators that serves as the guide in the order to be recognized in the discussion of the measure under consideration. Unless interrupted by procedural motions, the session proceeds with the list. In order to be registered in the list of interpellators, a Member shall register in writing to the Secretary-General which list shall be submitted to the Majority Floor Leader for the recognition of the interpellator.
Section 4. Recognition of Member. – Whenever a Member of the Parliament wishes to speak, he/she shall request the Majority Floor Leader that he/she be recognized by raising his/her hand. The Speaker shall allow those duly recognized to speak to proceed and obtain the floor.
When two (2) or more Members raise hands at the same time, the Speaker shall allow the one duly recognized by the Majority Floor Leader to speak first: Provided, That as far as practicable, Members of the Majority and the Minority shall be allowed to speak alternately on the floor.
Section 5. Member Shall Speak Once; Exception. – No Member of the Parliament shall speak more than once during the same day on the same question or motion. If a Member wishes to do so, he/she may appeal and seek the leave of the Parliament which requires a majority vote of the Members present without debate, but the appellant has to wait until after all Members who desire to speak have already spoken on the same question or motion.
Section 6. Time Limit. – A Member shall not be allowed to speak for more than one (1) hour in debate on any question.
However, the sponsor of any measure may consume as much time as he deems necessary to express the contents and purposes of the bill.
Section 7. Sponsor’s Final Statement. – The proponent of any measure is entitled to move for the closure of the debate with a remark, speech, or final statement which he/she raised before the plenary or the appropriate committee, Provided, That all Members who wish to be recognized and speak have already spoken.
If all the Members on the list have taken the floor or if no one requests leave to speak, the Speaker shall close the debate.
Section 8. Adjournment of Deliberations or Closure of the Debate. – The Speaker may close the deliberations or debate if a motion to that effect is moved and duly seconded by any Member.
Alternatively, when all the speakers on the list have taken the floor or if no one requests leave to speak, the Speaker shall declare the debate closed.
Section 9. Leave to Speak and Request for Leave to Speak by Members of the Parliament. –
(a) Members may take the floor only if given leave to do so by the Speaker.
(b) Members who wish to speak on the subject under consideration shall, as a rule, inform the Majority Floor Leader who keeps the list of proponents.
(c) Members who wish to raise a point of order or to make a statement may do so by intervention.
(d) If a Member wishes to put a question to the proponent in the course of his/her speech or, during the debate, to make remarks on the subject under discussion, he/she shall use one of the microphones in the Chamber. He/she may put this question or make these remarks, following a question to that effect, only if the Speaker has consented. Following a contribution to the debate, the Speaker may give Members leave to make remarks lasting not more than three (3) minutes; the proponent may reply once. The remarks must be brief and concise.
Section 10. Impartiality of the Speaker. – The Speaker shall remain impartial during debate and deliberation of bills and resolutions in the plenary. When he/she desires to engage in debate on the merits of a bill or resolution under consideration with Members of the Parliament, he/she shall relinquish the chair, and the Deputy Speaker shall temporarily act as the presiding officer.
Section 11. Procedures in Consideration of Bills and Resolutions. – The Parliament shall adopt the following procedure in the consideration of bills and resolutions:
(a) If a debate ensues, turns for and against the bill shall be taken alternately: Provided, however, That any Committee Member who fails to enter his/her objection or to make of record his/her dissenting vote in the committee level, shall not be allowed to speak against the bill during the period of debate, although he/she may propose and speak or vote on amendments thereto;
(b) The sponsor of the bill or author of the motion shall have the right to close the debate; and
(c) With the debate closed, the consideration of amendments, if any, shall be in order.
At this stage, a Committee Amendment followed by individual and Floor Amendment shall be observed.
(1) Committee Amendment. –
(2) Individual or Floor Amendment. –
(3) After the period of amendments, the voting of the bill on Second Reading.
Section 12. Final Vote. – Bills shall be submitted to final vote after printed copies thereof in final form have been distributed to the Members at least three (3) days prior to voting on the bill except when the Chief Minister certifies to the necessity of their immediate enactment to meet a public calamity or emergency, in which case the voting may take place immediately after the approval of the amendments.
Section 13. Explanations of Vote. –
(a) During the final voting stage, Members of the Parliament may make a verbal statement on the final vote lasting not more than five (5) minutes or submit a short-written statement, which shall be included in the minutes of plenary proceedings. As a rule, the Speaker shall give Members leave to make a statement before the vote is taken.
(b) Prior to the vote, any Member of the Parliament may state that he/she will not participate in the vote.
Rule XX. – Decorum, Parliamentary Acts and Language
Section 1. Decorum. – Decorum is the proper etiquette and conduct of Members during the session of the Parliament.
Section 2. Offensive Acts and Languages. – Speeches, acts and languages delivered in plenary session, committee, public consultation or in any other Parliamentary proceedings during the regular session which are offensive or improper against any Member of the Parliament, persons or public institutions shall be deemed unparliamentary.
Section 3. Enforcing Parliamentary Conduct. – When a Member of the Parliament, by word or deed, violates any portion of this Rules, the Speaker, motu proprio or at the instance of another Member may call him/her to order. The Member of the Parliament concerned shall immediately take his/her seat if he/she happens to have the floor; and in case the point of order raised has been sustained by the Speaker or Presiding Officer, said Member of the Parliament shall not continue speaking without the consent of the Parliament. If there is a motion permitting the Member of the Parliament concerned to continue speaking, the same shall be resolved without debate.
Section 4. Unparliamentary Language. – When a Member of the Parliament is called to order for using unparliamentary language, any other Member may ask that the objectionable words be read for the information and decision of the Parliament.
Section 5. Proceedings. – Upon the recommendation of the Committee on Ethics and Privileges, the Parliament may punish any Member of the Parliament for disorderly behavior and, with the concurrence of two-thirds (2/3) votes of all the Members, suspend the Member of the Parliament for a period not exceeding sixty (60) calendar days.
Rule XXI. – Motions
Section 1. Motion, Defined. – A motion is a proposal which expresses certain views made by a Member of the Parliament in a meeting, session, public consultation, and similar activities upon which the Parliament or any of its committees shall take proper action.
Section 2. Presentation of Motions. – The Parliament shall conduct business through the presentation of motions by its Members. A motion may be proposed or introduced verbally, but a majority of the Members of the Parliament present may require that it be done in writing and read by the Secretary- General before putting it into consideration.
Any Member of the Parliament may bring business by introducing a main motion, or dispose of this business through subsidiary motions and incidental motions.
Section 3. Main Motion. – A main motion is a motion sponsored by a Member of the Parliament presented for consideration and deliberation before the plenary session, committee meetings, public consultations, and hearings, on any particular subject matter. Main motions are debatable and subject to amendments.
Section 4. Prohibition in Presenting Main Motion. – A main motion cannot be presented when there is a standing motion before the Parliament. However, any other motions such as privileged motions, subsidiary motions and incidental motions can be presented while a main motion is pending deliberation and take precedence over the latter when properly presented.
Section 5. Subsidiary or Secondary Motions. – Subsidiary or secondary motions refer to the other various motions which aid Members in properly disposing of the main motion. These motions, when properly raised, suspend the main motion and must be decided before the main motion can be acted upon.
In effect, subsidiary motions may modify, postpone action or may refer the main motion to an appropriate committee to investigate or conduct hearings, meetings, and consultations.
Section 6. Subsidiary Motions. – Subsidiary motions are ranked from the highest order to the lowest, to wit:
(a) Lay on the table puts aside a main motion to a later unspecified time;
(b) Previous question;
(c) Limit or extend limits of debate;
(d) Postpone to a certain time;
(e) Commit or refer. A motion to commit or refer sends the main motion to a smaller group like a committee for further study and refinement;
(f) Amend; and
(g) Postpone indefinitely.
Section 7. Incidental Motions. – Incidental motions are those motions which arise out of another question which is pending, and therefore take precedence and must be decided before the question out of which they arise. They are incidental to a question that has just been pending and should be decided before any other business is taken up.
Incidental motions take precedence over subsidiary motions. Among these incidental motions are:
(a) Questions of order and appeal;
(b) Suspension of the Rules;
(c) Objection to the consideration of a question;
(d) Division of a question, and consideration by paragraphs;
(e) Division of the assembly, and motions relating to methods of voting, or to closing or reopening of polls;
(f) Motions relating to methods of making, or to closing or to reopening of nominations; and
(g) Request growing out of business pending or that has been pending; as a Parliamentary inquiry, a request for information, for leave to withdraw a motion, to read papers to be excused from a duty, or for any other privilege.
Section 8. Privileged Motion. – Privileged motions are motions not relating to the pending question but are of so great importance as to require them to take precedence over all other questions, and on account of their high privilege, they are non-debatable. Subsidiary motions cannot be applied to privileged motions, except the motions to fix the time to which to adjourn, and to take a recess.
The following are the privileged motions:
(a) Fix the time to which to adjourn, if made while another question is pending;
(b) Adjourn, if unqualified and if it has not the effect to dissolve the Parliament;
(c) Take a recess, if made when another question is pending;
(d) Raise a question of privilege; and
(e) Call for orders of the day.
Section 9. Motion to Take from the Table. – Motion to take from the table means to resume the consideration of a motion that was laid on the table earlier, whether done in the present session or in the previous session.
Section 10. Point of Order. – Point of order is a motion that seeks to call the attention of the Speaker or Presiding Officer whenever a Member believes that proper decorum of debate is not being followed or that there is non-observance of procedure.
Section 11. Putting the Question and Announcement of the Votes. – When the Members shall have already exhaustively debated and discussed the issues, the Speaker may proceed to take the vote on the question before it. The Speaker may inquire on the readiness of the Parliament to vote. In such case, the Speaker can proceed to put the matter to a vote and gather the ‘ayes’ and ‘nays’ of the Members of the Parliament.
If the ‘ayes’ have it, then the motion is adopted. If the ‘nays’ have it, then the motion is lost.
Section 12. Votes Required to Approve a Motion. – If the Parliament has established a quorum, the votes required to approve a motion is the majority of the votes cast provided that a motion to suppress or limit debate, to prevent the consideration of a question, and without due notice to rescind action previously taken, require a two-thirds (2/3) vote of all Members present.
Section 13. Precedence of Motion. – While a motion or bill or resolution is being discussed, no other motion shall be entertained except the following and in the order in which they appear below:
(a) Motion to adjourn;
(b) Motion to set the date for the resumption of the session;
(c) Motion to suspend the session;
(d) Motion to call an executive session;
(e) Motion to lay on the table any business;
(f) Motion to postpone indefinitely the consideration of any business;
(g) Motion to postpone the consideration of any business to another date;
(h) Motion to refer a principal motion to the corresponding committee; and
(i) Motion to amend.
All motions to adjourn or suspend a session or to hold executive sessions shall be resolved without debate.
Rule XXII. – Point of Order
Section 1. Leave to Speak. – The Speaker shall give precedence to a Member requesting for leave to speak in order to move a procedural motion on a point of order. The motion must relate to the subject under debate or to the Parliamentary business.
Section 2. Point of Order Raised. – When a point of order is properly raised by a Member, the Speaker shall grant the motion. When the motion is recognized, no other motions shall be entertained from any other Members of the Parliament.
Section 3. Five (5) Minute Limitation. – No Member may speak for longer than five (5) minutes on a point of order.
Rule XXIV. – Manner of Obtaining the Floor
Section 1. Obtaining the Floor. – Whenever a Member of the Parliament wishes to speak, he/she may not address the Parliament or make any motion until after being recognized by the Speaker. In order to obtain the floor, he/she may rise and ask for recognition by the Speaker or he/she may register his/her desire to be recognized with the Majority Floor Leader. In the first case, when two (2) or more Members rise at about the same time to claim the floor, the Speaker is duty-bound to call the first to rise and ask for recognition, except in the following three (3) cases:
(1) When a debatable question is immediately pending. The proponent of the immediately pending debatable question before the Parliament shall be given the floor unless he/she has already substantially spoken on the question;
(2) When a non-debatable question is immediately pending. The proponent of the question which is non-debatable has no preference on the floor or is not again entitled to debate on the same question, provided that the Member who also seeks recognition has not spoken on the question; and
(3) When no question is pending.
The Speaker will then respond by recognizing the Member and yielding to him/her the floor. After having obtained the floor, the Member may then proceed to address the presiding officer by his/her official title.
The Member may then address the Parliament and/or proceed to make and present the proper motion on the subject matter in question. A second to the motion is necessary to be made by any other Member of the Parliament. Before any debate or discussion may ensue, the Speaker shall re-state the motion as seconded.
The Speaker may, without waiting for the second, put the question before the plenary if he/she sees it to the general interest of the Members. A Member can raise a point of order that the motion was not seconded in which case the Speaker shall oblige and call for a second before it can formally proceed with the question.
Section 2. Prohibition on Manner of Obtaining the Floor. – No Member of the Parliament shall interrupt another without the latter’s consent, which may not be obtained except through the Speaker or Presiding Officer.
Section 3. Second the Motion, Exceptions. – Motions have to be duly seconded. The following are the exceptions, to wit:
(a) To raise a question of privilege;
(b) To raise a question of order;
(c) Objection to the consideration of a motion;
(d) Call for orders of the day;
(e) Call for the division of the question, under certain circumstances;
(f) Call for the division of the Parliament, in voting;
(g) Call for motion to reconsider;
(h) For nomination; and
(i) Leave to withdraw a motion.
Section 4. Stating the Question. – Unless the Speaker rules a motion as out of order, it is his/her duty to state the exact and perfectly clear question presented before the Parliament for consideration and action, immediately after a motion is made and presented and duly seconded.
Section 5. Amendment of the Motion. – Prior to the re-statement of the motion or of it being ruled out of order by the Speaker, any Member of the Parliament may suggest any amendments as he/she pleases, without the consent of the proponent and the seconder, or even withdraw later his/her amendment entirely but only before the Speaker re-states the motion. If the movant shall later withdraw his/her amendment, the Member who seconded has the right to withdraw his/her second.
If the Speaker has already re-stated the motion in either case, the movant cannot anymore withdraw his/her amendment without the consent of the majority of the Members present.
If the sponsor or proponent withdraws the motion and it is duly seconded, he/she shall obtain the consent of the seconder, otherwise the same is defeated. In such case, the latter may reintroduce or adopt the withdrawn motion as his/her own.
Rule XXV. – Unfinished Business
Section 1. Unfinished Business. – Unfinished Business refers to the matters being considered by the Parliament at the time of adjournment of its preceding session. Its consideration shall be resumed until such unfinished business is disposed of.
Rule XXVI. – Records of the Parliament
Section 1. Records of the Parliament. – The Parliament record shall be a substantially verbatim account of remarks made during the proceedings of the Parliament, subject only to technical, grammatical and typographical corrections authorized by the Member involved.
Section 2. Delivery to Archives. – All papers and records relating to the completed business of the Parliament shall be delivered to, kept by, and preserved in the archives. All pending matters and proceedings shall terminate upon the expiration of the term of Parliament, and the records pertaining thereto, delivered to the archives within fifteen (15) days after such expiration.
Section 3. Duty of Committee Secretaries. – Committee secretaries shall, within seven (7) days after the enactment of bills or joint resolutions, and fifteen (15) days after final adjournment of Parliament, deliver to the archives all bills, resolutions, petitions, and other papers referred to their respective committees including all records of proceedings, report of investigations conducted, and all evidences taken by such committees together with the electronic copies thereof.
The Secretary-General, upon neglect or failure of the committee secretaries to comply with this Section within seven (7) days, shall thereafter take custody of all such papers, and may impose appropriate disciplinary action on concerned committee secretaries.
Section 4. Open Books. – The records and Journals of the Parliament, including plenary records, shall be preserved and be open to the public in accordance with the law.
Section 5. Journal of the Parliament. – The Journal of the Parliament shall from time to time be printed and published under the direction of the Speaker, and its distribution and the number of copies to be printed shall be determined by the Parliament in a resolution to that effect.
Rule XXVII. – Journals of the Parliament
Section 1. The Journal. – It is a concise and accurate account of the proceedings of what has taken place in every plenary session.
Section 2. Contents of Journal. – The following shall be stated in full in the Journal:
(a) The proclamation by the Speaker to convene the Parliament;
(b) The titles of the bills and resolutions presented by any Member of the Parliament; and
(c) All nominal voting.
In condensed form, the Journal shall also include:
(a) Message of the President of the Philippines;
(b) Message of the Chief Minister;
(c) Communications; and
It shall also include a list of Members who responded to the roll call, those who arrived at the session hall after the roll call, and those who are on official business/mission authorized by the Speaker or Chief Minister. The names of those who are absent shall also be so recorded.
Section 3. No Interruption of Journal Reading; Exception. – The reading of the Journal shall not be interrupted or suspended except by unanimous consent of the Parliament, and no motion to amend shall be entertained once it has been read and approved.
Section 4. Errors in Journal. – If a Member of the Parliament finds any error in the Journal, the reading of which was dispensed with, he/she shall verbally in open session, call the attention of the Parliament to this fact and move for its correction not later than three (3) session days subsequent to the day when the reading of the Journal was dispensed with.
Section 5. Printing and Distribution of Journal. – The Journal shall from time to time be printed and published under the direction of the Speaker, and its distribution and the number of copies to be printed shall be determined by the Parliament in a resolution to that effect.
Rule XXVIII. – Discipline, Ethics, and Accountability
Section 1. Discipline of Members. – All Members present in sessions, meetings, hearings and public consultations shall have the obligation to obey the legitimate orders of the Speaker. The Speaker or a Member can call to order any Member for simple breach of conduct or this Rules.
The Speaker shall warn an offending Member for his/her disorderly behavior during the sessions, meetings, hearings, and public consultations for grave breach of order. The Parliament shall have the power to impose a penalty upon the offending Member by majority vote to reprimand, censure, or be removed from the plenary.
For grave disorderly behavior, the Parliament may suspend a Member with the concurrence of two- thirds (2/3) votes of all its Members. The penalty of suspension shall not exceed thirty (30) days.
Section 2. Discipline of Non-Members. – The Parliament and its committees shall have the right to be protected from annoyance by non-Members, and its full authority can be exercised by the Speaker. The Speaker shall direct the non-Members to leave the plenary, or order the Sergeant-at-Arms to remove them at any time during the session. If a person refuses to leave the plenary, the Speaker shall take necessary measures to ensure that the order is enforced.
When serious annoyance by hostile persons or groups occurs as in mass meetings, the Speaker shall call on the security personnel of the Parliament to impose order.
Section 3. Code of Conduct and Ethics for Members of the Parliament. – There shall hereafter be adopted a Code of Conduct and Ethics for Members of the Parliament which shall serve as their guide.
A Member of the Parliament shall:
(a) Act at all times and in all places in a manner that shall reflect the honor, virtue and uprightness of the Parliament;
(b) Abide in his/her deliberations and decisions by the spirit and the letter of this Rules and the relevant rules of the Parliamentary committees;
(c) Not receive compensation or any pecuniary interest, and may not permit compensation or any pecuniary interest to accrue to the Member’s beneficial interest from any source, the receipt of which was derived through influence improperly exerted due to his/her position as Member of the Parliament;
(d) Not be appointed to any office created or the emoluments thereof increased during the term of the Member;
(e) Not personally appear as counsel before any court of justice, the electoral tribunals, or any quasi-judicial or administrative body, or be directly or indirectly financially interested in any contract, franchise or special privilege granted by the government, or any subdivision, agency or instrumentality thereof, including any government- owned or -controlled corporation, or its subsidiaries, during his/her term of office;
(f) Not intervene in any matter before any office of the government for personal pecuniary benefit, or where the Member may be called upon to act on account of his/her office;
(g) Not acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by the Member that is approved or adopted by the Parliament during the term of the Member. It shall be unlawful for the Member to continue to retain such interest thirty (30) days after such approval;
(h) Not authorize or allow an individual, group or organization not under the direction and control of the Parliament to use the words “Bangsamoro Transition Authority”, or “Official Business”, or any combination of these words, nor the seal of the Parliament or any other representation thereof on any letterhead, envelope, signage or for any other purpose; and
(i) Not disclose any classified information received in the course of the service with the Parliament, except as authorized by the Parliament or in accordance with its Rules.
The Parliament, upon recommendation of the Committee on Ethics and Privileges, may punish its Members for any violation of this Rules of Conduct, as well as for disorderly behavior.
Section 4. Disciplinary Vote Requirement. – The Parliament may censure or reprimand an erring Member with the concurrence of the majority of all its Members. It may suspend an erring Member with the concurrence of two-thirds (2/3) of all its Members: Provided, That a penalty of suspension shall not exceed six (6) months.
Rule XXIX. – Broadcasting the Parliament
Section 1. Closed-Circuit Viewing of Floor Proceedings. – The Parliament shall establish a system for closed-circuit viewing of floor proceedings, in the offices of all Members, and in such other places in the Parliament as the Speaker considers appropriate. Such system may include other telecommunications functions subject to rules and regulations issued by the Speaker.
Section 2. Public Broadcasting and Recording of Floor Proceedings. – The Public Broadcasting and Recording of Floor Proceedings shall be guided by the following:
(a) The Parliament shall administer a system for audio and visual broadcasting, recording, and live streaming of its proceedings;
(b) The system shall include the distribution of such broadcasts and recordings to news media, for the storage of audio and video recordings of the proceedings, and for the closed-captioning of such proceedings. Any public broadcasting and system of recording of floor proceedings shall be subject to rules and regulations issued by the Speaker;
(c) All television and radio broadcasting stations, networks, services, and systems including cable television systems that are accredited to the Parliament radio and
television correspondents’ galleries, and all radio and television correspondents who are so accredited, shall be provided access to the live coverage of the Parliament; and
(d) Coverage made available under this section, including any recording may not be:
(1) Used for any political purpose;
(2) Used in any commercial advertisement; nor
(3) Broadcast with commercial sponsorship, except as part of a bona fide news program or public affairs documentary program.
Rule XXX. – Session Hall, Conference Rooms, Lounges, Lobbies and Rooms
Section 1. Use of Session Hall, Conference Rooms, Lounges and Lobbies. –
(a) The session hall shall be used only by the BTA Parliament. Conference rooms and all building lobbies shall be used only for committee meetings, caucuses, and meetings of Members in the performance of legislative functions except when the Parliament directs otherwise.
(b) The Philippine flag, the Bangsamoro flag and the official emblem or seal of the Parliament shall be displayed altogether in the session hall of Parliament. The Philippine flag, as well as the Bangsamoro flag shall be open to view in conspicuous places in all offices and conference rooms in the premises of Parliament.
(c) Communications, documents, publications, and other information materials written by or prepared under the direction of a Member, may be distributed in the session hall by such Member personally or through facilities or employees of the Parliament: Provided, That the author or source thereof is properly identified in such communications, documents, publications and other information materials.
(d) A separate lounge may be used by Members and their guests upon approval by the Speaker. The entire premises of the Parliament shall be used only for the official functions of Parliament. There shall be an established Member’s Lounge for their exclusive use.
Any Member who wishes to make audio-visual presentation in the course of his/her speech, shall furnish an electronic copy of the audio-visual presentation to the Majority Floor Leader before the intended date of speech of the Member.
Section 2. Assignment of Seats in the Session Hall. – The seating arrangement and assignment shall be decided following the election of the Speaker, Deputy Speakers, Majority Floor Leader, Deputy Majority Floor Leaders, Minority Floor Leader, and Deputy Minority Floor Leaders. The Speaker sits at the center. The Chief Minister shall likewise have a reserved chair beside and parallel to him/her on the Speaker’s right side, and the Members of the Cabinet a step below the Chief Minister’s chair.
The Members of the Parliament shall sit in alphabetical order, Provided, That the Majority Floor Leader shall sit on the right side of the first row and the Minority Floor Leader on the left side parallel to the former.
Section 3. Seats in the Gallery. – Seats in the gallery shall be arranged according to rows, to wit:
(a) First Row. – Dignitaries and Members of the diplomatic corps;
(b) Second Row. – Family of Members of the Parliament and other persons authorized by the Secretary-General; and
(c) Other Rows. – These shall be open to the public subject to the rules of procedure prescribed by the Secretary-General.
Section 4. Sergeant-at-Arms; Unauthorized Persons. – The Sergeant-at-Arms shall not permit persons other than Members and authorized personnel to enter or stay within the places designated in the session hall for Members and personnel needed therein while the Parliament is in session. Fifteen
(15) minutes before the session, the Sergeant-at-Arms shall clear such area of all other persons, and shall be so kept clear until recess or adjournment. This section shall not be suspended, except as to resource persons or technical assistants required by the reporting committee or by the proponent of a motion under consideration.
Section 5. Assignment of Rooms to Members of the Parliament. – Assignment of rooms to Members shall be done, as far as practicable, by lot to be drawn upon submission to the Secretary-General of the complete documentary requirements for assumption of office.
Rule XXXI. – Miscellaneous Provisions
Section 1. Bangsamoro Symbols of Authority. – The BTA Parliament shall adopt the official flag, emblem, seal, mace, and hymn of the Bangsamoro.
Section 2. Bangsamoro Flag. – The Parliament shall by two-thirds (2/3) vote of all the Members adopt the official Bangsamoro flag.
Section 3. Bangsamoro Hymn. – The Parliament, by a vote of simple majority, shall adopt a Bangsamoro Hymn, which will be played or sung during formal, ceremonial, and solemn occasions in the Bangsamoro Autonomous Region together with the national anthem of the Philippines.
Section 4. Official Seal of Parliament. – The Parliament shall adopt an official seal upon a simple majority vote.
Section 5. Mace. – The mace of the Parliament is a symbol of authority, which shall be displayed at the foot of the rostrum of the Speaker whenever the Parliament is in session. It serves as the warrant for the Sergeant-at-Arms to confront disorderly behavior and to enforce order in the plenary upon the instruction of the Speaker.
Section 6. The Gavel. – The gavel is a symbol of the authority of the Speaker during sessions, and in his/her absence, of the Deputy Speaker, or any Member designated to perform the duties of the Presiding Officer. It shall be used to maintain order during meetings of the Parliament and its committees.
Two (2) taps of the gavel by the Speaker shall call the Parliament session open and call the meeting to order.
When a main motion has been passed or rejected, one (1) tap of the gavel shall follow the announcement. The gavel is also tapped once to declare a quorum; suspend and resume session; approve other motions; approve a bill or resolution on second or final stage; direct the Secretary-General to take specific actions; refer bills and resolutions to appropriate committees; refer committee report to the committee on rules when necessary; send communications to the archives; inform the body that voting will be conducted; direct the Sergeant-at-Arms to impose order and discipline; and to call for attention, silence and order in the premises of the plenary.
Adjournment is signaled by a single tap of the gavel.
Rule XXXII. – Supplementary Rules
Section 1. Supplementary Provisions. – If there is no provision in this Rules applicable to a specific case of proceedings in the Parliament, the procedures of the Senate of the Republic of the Philippines, the House of Representatives of the Philippines, and the generally accepted principles on Parliamentary procedures shall apply suppletorily.
In such cases, the Parliament shall recognize the principle of stare decisis, or a commitment to stand by earlier decisions.
Rule XXXIII. – Amendment or Revision of the Parliamentary Rules, Procedures, and Practices of the Parliament
Section 1. Amendment of this Rules. – Any provision of this Rules, except those that are embodied in the OLBARMM, may be amended by a majority vote of all the Members of the Parliament.
Section 2. Mode of Amendment or Revision. – Any amendment to or revision of this Rules may be proposed by:
(a) The Speaker;
(b) Any Member of the Parliament; and
(c) The Committee on Rules, by two thirds (2/3) votes of all its Members.
Rule XXXIV. – Availability, Obligations, and Effectivity of Parliamentary Rules, Procedures, and Practices of the Parliament
Section 1. Availability of the Rules of Parliamentary Procedure. – This Rules shall be provided and made available in printed or electronic copies to the Members of the Parliament; those appearing as resource persons in any sessions, hearings, meetings, and other similar activities; and to any person/s as the Parliament may deem necessary and proper.
The local government units within the BARMM are encouraged to acquire, possess, and make available copies of this Rules to all Members of the Sanggunian within their respective jurisdictions.
Section 2. Obligation to Possess and Read this Rules. – The Members of the Parliament shall have the obligation to possess, read, and understand this Rules.
Section 3. Effectivity. – This Rules shall be adopted by the Parliament and remain in force until they are amended or repealed. This Rules shall take effect fifteen (15) days after its publication in a newspaper of general circulation and shall be posted on the Parliament website.
ADOPTED, Safar 26, 1444/September 22, 2022
PROF. RABY B. ANGKAL
ATTY. PANGALIAN M. BALINDONG