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Unit 1: Basics of Parliamentary Law and Deliberative Assembly Chapter 1: Basic Principles and Origin of Parliamentary Law Parliamentary law Definition - refers to the rules, law, or regulations of organizations, governing the orderly, expeditious and efficient transaction of business and...

Unit 1: Basics of Parliamentary Law and Deliberative Assembly Chapter 1: Basic Principles and Origin of Parliamentary Law Parliamentary law Definition - refers to the rules, law, or regulations of organizations, governing the orderly, expeditious and efficient transaction of business and meetings and conventions. Without rules, there would be injustice and confusion. Hence, it is as necessary to follow the rules of parliamentary law as it follows the rules of a ball game or card game. (Demeter's Manual of Parliamentary Law and Procedure) - Defines as a series of rules that were formulated to facilitate the transaction of business and to promote harmony and cooperation within an assembly (Merriam Webster) - Widely called 'Robert's of Order" as it was first organized and consolidated by its proponent Henry Martyn Robert in 1876 Origins and Development - when Henry Martyr Robert (1837-1923) codified Robert's Rule of Order - According to Levmore (1989), there were incidental circumstances such as in the Laws of Eshnunna, Hammurabi's Code and the Book of Exodus which all contain provisions relating to may different areas of law, such as tort, contract, property, and family law. - However, the generally accepted rules of order in deliberative assemblies during early times are largely unknown Principles of Parliamentary Law - Right of the majority - Right of minority especially a strong minority -- great than one third - Right of individual members - Right of absentees - Right of all these together Parliamentary law ensures the observance of the ff principles to achieve cooperation and harmony: - A quorum must be present for the group to act - Full and free discussion of every motion considered is a basic right - Only one question at a time can be considered at any given time - Member has the right to know at all times what the immediately pending question is request to have it restated before a vote is taken - Voting and delegation duties should be observed - The chair should be strictly impartial Parliamentary law is applicable to meetings to help them set in order. Examples of which include: - - Professional associations - Civic associations - Historic societies - Charitable organizations - Sales representative - Garden clubs - Service groups - Parent-teacher organizations - Library boards - Academic departments - Labor unions - Shareholders group - Scientific groups - University senates or councils - School boards - Regional or national organizations Motions - A motion is a formal proposal to bring a subject to a group for its consideration and action. They fall within certain classifications, and some take priority over others. - 2 types of motion: main motions and secondary motions Main motions - Original main motions - Incidental main motions - Resolutions Secondary motions - Subsidiary motions - Privileged motions - Incidental motions Main motions - a motion whose introduction brings before the assembly a question or business for consideration when no longer business is pending. - Only one main motion can be considered at a time, and no other main motion may be introduced until the first one is disposed of in some manner. Main motions are ranked lowest in the order of precedence of motions despite their name. - Can be distinguished between 2 subclasses: original main motion and incidental main motions The following actions may be done on main motions: - - Amend - Debate on - Lay on the table - Object to - Postpone - Reconsider - Referred to a committee - Renew if rejected - Rescind after approval - Be seconded - Terminate - Vote on - Withdraw Subsidiary motions - Assist the assembly in treating or disposing of a main motion - Since they relate to the question before the house, it is order to propose a subsidiary motion when a main motion is still before the assembly - The vote on the subsidiary motion is taken before the action is taken on the main motion - To identify subsidiary motions, one has to evaluate whether the motion has the ff characteristics: - They cannot stand alone and will always be applied to another motion - It changes the status of the motion to which it is applied by modifying it - It must be decided first before the assembly can act upon the main motion - They are also ranked as seen in the previous matrix 7 subsidiary motions (lowest to highest rank) 1. Postpone indefinitely 2. Amend 3. Commit, refer or recommit 4. Postpone to a certain time 5. Limit or extend the debate 6. Previous question 7. Lay on the table Incidental motions - Means that it they are directly related to the business tackled on the floor such as suspending the rules or closing nominations - It can be made as a result of a pending motion or an item of business they wish to propose - The difference between an incidental main motion and an incidental motion is their relationship to the business on the floor - IMMs are raise as a reaction to the main motion or as an independent motion relative to the business on the floor, while Ims are dependent on the motion directly discussed - There are 8 incidental motions, discussed in the same order: - Point of order - Appeal - Suspend the rules - Objection to the consideration of a question - Division of a question - Request - Calls to retake the vote Privileged motions - Do not relate to the pending business but deal with special matters of immediate and overriding importance - May interrupt debate before the assembly - Highest -- ranking motions which take precedence over any other motion, without requiring debate or discussion - There are 5 types of privileged motions (lowest to highest): - Calls for the order of the day - Question of privilege - Recess - Adjourn - Fix the time to which to adjourn - Suspension vs Recess - Mas mahaba ang time ng suspension kesa sa recess. Chapter 8: Voting, Nominations, and Elections Voting definition - Is a process of indicating choice, opinion, or will on a question in a meeting or gathering. - In parliamentary procedure, members have pronounced rights and valuable protections in the process of voting. This includes: - Voting rights of a member in arrears - The principle of one person-one vote - Rights of abstention - Interruption of votes - Changing one's votes - The regular methods of voting on motion include: - By voice (viva voce) - By rising - By a show of hands Nomination definition - Is a process of proposing a person to an elected position and election poll members, and votes approve these proposed nominated candidates - There are 6 ways to nominate a candidate for office: - Open nominations allow members to suggest candidates from the floor. This is often used in mass meetings. - Nominations by the chair allow the chair to select candidates for office - Nominations by the committee allow a nominating committee to identify a list of people suitable for an office - Nominations by ballot are done by members through a secret ballot. This method does not equate to elections even if a certain candidate can get the highest number of nominations. It could be that they have not considered another candidate, and so therefore elections are still necessary. - Nomination by petition is done by a group of members through a slate or a formal document. This is often observed in large organizations with smaller groups - Nominations by mail are done through formal letters or email Election definition - Is a process in which members vote to choose nominated members to an elected position within the deliberative assembly - There are various election methods and often they are indicated in an organization's by laws or constitution - In the absence of which, the organization may choose which manner of election they deem suitable to their need. - Those election methods are described, as follows: - Acclamation - Balloting - Cumulative vote - Mail - Proxy - Rising vote - Roll call Classification of votes 1. **Majority vote** -- is simply more than half the votes cast in an election by people entitled to vote. This is the most often used type of vote 2. **Two-thirds vote** -- two-thirds of the members entitled to vote must cast ballots in an election or decisions. This is often used for nominations that require changing the rules or decisions that may impinge on the rights of the members or concerned stakeholders 3. **Plurality vote** -- is the largest number of votes given to any candidate in an election with three or more members. a candidate obtaining the highest number of votes. Chapter 9: discipline and the decorum in an assembly General rules of decorum according to 12^th^ edition of RONR: - - Adrees the chair as "Chair" - Refrain from speaking until recognized - If 2 members request recognition at the same time, it is the chair's discretion as to who speaks first - Speak to the subject under debate - Refer to any other member only in a respectful manner - Person who makes a motion is a given first opportunity to speak to the motion - Remarks must be confined to the merits of the pending question, and not the member, is the subject of debate - Address all remarks through the chair. Members are not to address on another directly - Refraining from speaking adversely on prior action not pending, unless a motion to reconsider, rescind, or amend it is pending, or unless he intends to conclude his remarks by making or giving notice of one of these motions - Refraining from speaking against one's own motion - Members can only speak twice on a pending question, an no member who already spoke may speak a second time on the same day for debate on the same question unless every other member has had the opportunity to claim the floor to the first time or does not claim it - Where the chair knows there are members with opposing views, the chair should alternate recognizing members between those with opposing views as such as possible - Avoid the use of members names. It is better to describe a member in some other ways, as by saying, "the member who speak last" or "the delegate from the sta mesa manila" Unit 3: PROPOSALS AND ENGAGEMENTS Chapter 10: Bills ad Resolution Bills definition - According to the senate of the Philippines website, bills are general measures which if passed upon, may become laws. - Majority of legislative proposals -- recommendations dealing with economy, increasing penalties for certain crimes, regulation on commerce and trade, etc.. are frafted in the form of bills. - Bills also include budgetary appropriation of the government and many others. When passed by both chambers in identical form and signed by the president or repassed by congress over a presidential veto, they become laws. - Other types of bills as provides in the constitution: - Appropriation bills aim to make appropriations of money from the public treasury. Appropriations may be annual or general appropriations; the general appropriation bill is more known as the budget - Revenue bills have the primary and specific purpose of the raising revenue - Tariff bills aim to impose customs duties for the revenue purpose - Bill authorizing the increase of the public debt create public indebtedness such as a bill providing for the insurances of bonds and other forms of obligations which is to be paid with the proceeds from the taxation and other sources of revenue of the government - Bills of local application affect purely local municipal concerns like creating a city or municipality or changing it name - Private bills affect purely private inter3st, such as granting a franchise to a person or corporation or compensation to a person for damages in cases where government consider itself liable - Steps in passing a bill into law included in the context of the Phil legislation are as follows: 1. First reading 2. Second reading 3. Third reading 4. Submission to the president Resolutions definition - Are enactment as formal expressions of opinion, with, or intently by an official body or assembled group. - It is a written proposal for action made by the group. - It states a policy, principle, feeling, or sentiment - They have an explanatory preamble which is used to explain why the resolution is important and should be supported by the membership - During meetings, resolutions are often raised as main motions - All resolutions are main motions, but not all main motions are resolutions - There are different ways to use resolutions 1. Resolutions that are employed in view of the exclusive authority of the lawmaking body do not require the approval of the president 2. Resolutions are also used when expressing an attitude or opinion (i.e. resolutions expressing condolences in the death of a member or high official of the government or in declaring an opinion important national issues) 3. Resolutions to authorize the president to impose tariff rates, import and export quotas, tonnage and wharfage dues, and other impositions within the national development framework of the Philippine government. - Kinds of resolution: 1. Simple if it passed by either house for its exclusive use or purpose 2. Concurrent if passed independently in one house and ratified by the other in the same manner as a bill 3. Joint if approved by both house meeting in joint session but voting separately