Parliamentary Law PDF Review

Nature & Importance of Parliamentary Law  Designed for all people. o to help them in reconciling their views and in arriving at clear solutions. o notion is also wrong that knowledge of parliamentary procedure is important only to politicians, jurists, and...

Nature & Importance of Parliamentary Law  Designed for all people. o to help them in reconciling their views and in arriving at clear solutions. o notion is also wrong that knowledge of parliamentary procedure is important only to politicians, jurists, and lawyers, or to debaters or orators.  Aims to simplify and systematize the conduct of business or meeting enable the assembly to make fast and legally valid decisions.  Not ritualistic. o Its purpose is not to complicate the proceedings, much less to confuse the uninitiated or deceive the unwary; o Its aim is to facilitate the work of any deliberative body and to help it carry out its objectives effectively and well. Brief History of Parliamentary Law PARLIAMENTRAY LAW – a body of generally accepted rules, precedents, and practices commonly employed to regulate the proceedings of deliberate assemblies called parliamentary procedure.  King Edward VI (1547-1553) – first systemized in the early English Parliament. o The JOURNALS OF ENGLISH PARLIAMENT indicate that the main principles of parliamentary procedure have been used since the reign of KING EDWARD VI (1547-1553).  The English Common Law was adopted by colonies like the America and later evolved a distinct American System of Parliament Procedure.  Philippines – adopted from American System like the Jefferson’s Manual. o Doctrines, methods, and practices were infused in Philippine laws, even though “common law” was not formally adopted, and as result, American parliamentary practices took a firm root in the Philippine legislative system. o Parliamentary procedure in the Philippines today is based to some extent:  on the constitution, and mainly on the rules of the Philippine Senate and the House of Representatives.  In cases where local rules are silent or foind inadequate, the rules of the US Senate and House of Rep., and Jefferson’s Manual are used in a suppletory character.  Common Parliamentary Procedures – not based on legislative but to meet the ordinary requirements of common deliberative bodies or organizations. Example: Robert’s Rules of Order.  o The term “common parliamentary procedure” is applied to the common practice of conducting business in assemblies which, though not legislative, are deliberative in character. o The rules governing the conduct of business in ordinary assemblies are mainly based on legislative procedural rules. o Henry M. Robert is familiar to Filipinos; his Robert is familiar to Filipinos; his Robert’s Rules of Order is a standard authority among local organizations. Jargons & Terms of Parliamentary Law 1. Chair – the presiding officer or the position from which the persons preside. 2. Floor – the position other than the presiding officer or the right to have attention of group. 3. Meeting – official gathering of members in one area to transact business for a period during which there is no interruption longer than recess. 4. Member – a person with the right to full participation, including the right to vote. 5. Motion – a formal proposal by a member in a meeting that the assembly take a certain action. 6. Precedence – priority or rank that is applied to motions. 7. Question – a synonym to motion. A way also to informally calling for a vote on a motion. 8. Table – the desk and the core of the secretary. Fundamental Principles of Parliamentary Procedure 1. Members have equal rights and obligations. 2. The majority rules. 3. The minority must be protected. 4. Singularity of subject. 5. Full and free debate must be allowed. 6. Every motion must be voted upon. 7. Group interest must prevail. 8. The presiding officer must be impartial. MEETING SESSION  An assemblage of the members of an  Held in close succession and for any organization for any length of time during length of time like the Congress. which there is no separation except for brief periods of recess.  A series of meetings.  An organization which are to meet  Terminated by an adjournment sine die or regularly, weekly, monthly, quarterly. without day. 3 KINDS OF MEETINGS 1) REGULAR MEETING – the periodic business or stated meeting held monthly, or quarterly, as prescribed by the CBL. 2) SPECIAL MEETING – it’s a called meeting held at a time different from a regular meeting, and convened only to consider one or more items of business specified in the call of the meeting. 3) ADJOURNED MEETING – a continuation of an original meeting (whether regular or special) in which any business left pending when the original meeting was adjourned will be taken up. THE GAVEL  It symbolizes leadership, authority, and power. o ONE TAP – to sit down and follows the announcement of a vote. o TWO TAPS – calls meeting to order. o THREE TAPS – means to stand. o SERIES TO TAPS – used to restore order. QUORUM  The number or proportion of the members of an organization which must be present at a particular meeting fort the organization to legally transact business. o GENERAL RULE: Absence of a quorum, no business can be transacted. o EXEMPTION: Raise a motion to “Suspend the Rules” but no voting.  Basis for computing quorum is divided by two plus one or more than half of the totals members.  TM – DM = MGS/ 2 + 1 = QUORUM ORDER OF BUSINESS  A program or outline of the things to be done during the meeting.  It is guided of the proceedings,  Specific items of business is called agenda. The following patter of the Order of the Business: 1) CALL TO ORDER – a meeting is called to order by the presiding officer who, after rapping the gavel, announces: “the meeting will please come to order.” 2) INVOCATION – opening prayer sets a solemn yet cordial tone for the meeting. 3) ROLL CALL – if required, is performed by the secretary with the members answering “Here” or ‘Present” as their respective name called. 4) READING & CONSIDERATION OF THE MINUTES OF THE PREVIOUS MEETING – the reading of the minutes cannot be dispensed with but may be postponed or deferred to another meeting by general consent or by a majority vote. 5) REPORTS OF STANDING COMMITTEE – the presiding officer calls upon each standing committee, in the order it is listed in the by-laws of the organization, to render whatever report it may be ready to make. Followed by those; 6) REPORTS OF SPECIAL COMMITTEE – which are called upon in the order of their creation. 7) UNFINISHED BUSINESS – are matters which have been left pending at the adjournment of the last meeting. 8) NEW BUSINESS – when all unfinished business have been disposed of, new business are taken up upon announcement of the presiding officer, “the table is now open for new business. 9) ANNOUNCEMENT – this period is provided for to avoid undue interruption in the proceedings (unless the announcement to be made is of such importance as to allow it to interrupt the deliberations). 10) ADJOURNMENT – meeting may be adjourned at any time upon a motion duly approved or at a certain fixed time if one has been previously set.  DEBATES Necessity of Debate Basic Rules of Debate Characteristics of Debates  It is necessary in parlia  RELEVANCE – at  Debatability and pro discussions must be undebatable motions. related to the question  Discussion on any at issue.  Interruptions in debate subject for the purpose of elucidating the truth  DECORUM –  Limit for debate courtesy in speech and or influencing action. property of action.  At close of debate  Decide a question  Reopening debate intelligently. MAJORITY VOTE  Majority of Legal Votes – simple or bare majority. At least one-half plus one of the legal votes cast.  Majority of Total Votes – the total votes cast regardless of their invalidity or irregularity.  Majority of Members Present – basis of the number of members actually present.  Majority of All Members – computed on the bases of the number of members, both present and absent. PERCENTAGE VOTE  Means the proportion of a certain whole-two-thirds of the legal votes cast or three-fourths of the members present. PLURALITY VOTE  A vote by at least one over the total vote. TIE VOTE  Each receive the same number of the highest vote thus creating a deadlock.  If it is a motion, and a tie occurs, the motion is declared lost.  Breaking a tie resides to the Presiding Officer. UNANIMOUS VOTE  Obtains the total number of the legal or valid votes cast. VOTES & VOTING  A vote that is tied fails.  Illegal Votes, Void and Blank Ballot.  Putting the Question “Question!”  The presiding officer can vote only once on a particular question of tie. METHODS OF VOTING 1) BY VOICE OR VIVA VOCE – “as many as are in favor of the motion, saye ‘aye’ (pronounced “I”) – those against, say “No” 2) BY SHOW OF HANDS – “those in favor of the motion, please raise their right hands— hands down. Those against, please do the same—hands down.” 3) BY RISING – “those in favor of the motion, please rise—be seated—those against, please do the same—be seated. 4) BY ROLL CALL – “those on favor of the question before the assembly will, as their names are called, please say Aye; those against, please say No. The secretary will now call the roll.” 5) BY GENERAL CONSENT – “if there is no objection, we will postpone the reading of the minutes of the previous meeting.” 6) BY BALLOT – voting is secrecy. 7) ABSENTEE VOTING – 8) COMULATIVE VOTING – ANNOUNCING OF VOTE  The result will be considered official when it has been announced by the Chair.  Announce by mentioning whether the motion has been carried or lost.  Specify the total numbers for those who are “in favor” and those who are “against.”  The Presiding must be accurate in estimating the votes for viva-voce and percentage. REOPENING AND CHANGE OF VOTE  REOPENING – only in By Ballot and before the announcement.  CHANGE OF VOTE o General Rule – a member may change his vote before the announcement of the result. o Exemption – where voting is by ballot. o General Rule – vote cannot be change when it has been announced. o Exemption – if there is clear proof of some error. ABSTENTIONS OF VOTE  A member has the right to abstain from voting unless the rules of the organization compel the member to vote.  It cannot be counted for or against a candidate or proposition or motion.  It is excluded in computing the number of legal votes cast. NOMINATIONS – a formal act of proposing to the assembly the name of a candidate for an office to be filled. IMPORTANCE:  Indicate one’s willingness to accept the office.  Acquaint the voters with their respective platforms and qualifications.  Insures orderliness in the elections. METHODS OF NOMINATIONS 1) Nominations from the Floor.  Any member may propose the name of a candidate for an office as soon as the Chair declares in order.  Nominations need not to be seconded. 2) Nominations by a Nominating Committee.  The committee may be appointed by the Chair or the assembly or in by-laws.  They will choose and present the names of the nominees to the assembly.  Additional nominations is allowed. 3) Nominations by Ballot  Every member is allowed to nominate any eligible person without the formality of submitting the candidate’s name to the assembly.  A ballot is given to each member who writes he desires to nominate. 4) Closing & Reopening  By floor or committee, the Chair or any member may close through a motion.  Reopening needs a majority vote through a motion to take effect. 5) Right to Decline.  A member can decline his nominations or his election to an office.  His or her silence may be interpreted as consent. ELECTIONS – it is held either immediately after the close of the nominations or at some other time as may be designated by the assembly. A. Vote Necessary to Win  It is fixed by the rules of the organization.  Commonly may adopt majority or plurality vote. B. Effectivity of Election  If the successful candidate is present and does not decline.  If absent, he must be notified and consented. COMMITTEES – a body of one or more persons appointed or elected to perform certain functions for the assembly. CLASSIFICATIONS: Executive Committee | Ordinary Committee  A committee may create a subcommittees.   It cannot adopt, but may only propose amendments to any motion, resolution, or question referred to it by the assembly.  A two-thirds vote can discharge a committee. EXECUTIVE  Categorized by different names: executive committee, board of directors, board of governors, board of trustees, board of managers, and board of regents.  The board is elected by the members, and the board elect set of officers.  The powers are not inherent. It ended when the term ends. It defined in the constitution and by-laws. ORDINARY 1) Standing or Regular Committee – it is a built-in or created by the by-laws that is created to perform any work related to a particular field. Either elected or appointed. 2) Special or AD-HOC Committee – it is created for special and specific purpose. It ceases to exist after it gives and renders report. 3) Committee of the Whole – it is made up of the entire assembly acting as in a committee.