Parliamentary Rules Lecture
Parliamentary Rules Lecture
Parliamentary Rules Lecture
PROCEDURE
JIMMY C. ANDANG
Secretary to the Sangguniang Panlalawigan
Provincial Capitol, Isulan, Sultan
Parliamentary
Procedure
As
defined,
parliamentary
procedure is best described as
a system of rules to keep
ORDER at large meetings by
controlling who is speaking
and how business is handled.
ESSENCE OF PRP
Congress
2. Sanggunian
3. Student Government
4. Faith-Based Organizations
5. Corporate Boards
6. School Boards
7. Homeowners Associations
8. Professional Associations
9. Fraternities and Sororities
10. Various Clubs
1.
History of Parliamentary
Procedure
Originated in the early English Parliaments
(discussions of public affairs)
Came to America with early settlers from
Europe.
Became uniform in 1876, when Col. Henry M.
Robert Published his manual on Parliamentary
law.
Today Roberts Rules of Order newly revised is
the basic handbook of operation for most
organizations groups.
the sanggunian
concerned
shall adopt or update its
existing rules of procedure.
(1) The organization of the sanggunian and the election of its officers
as well as the creation of standing committees which shall include, but
shall not be limited to, the committees on appropriations, women and family,
human rights, youth and sports development, environmental protection, and
cooperatives; the general jurisdiction of each committee; and the election of
the chairman and members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members
during sessions;
(5) The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions, for which they
may be censured, reprimanded, or excluded from the session, suspended for
not more than sixty (60) days, or expelled: Provided, That the penalty of
suspension or expulsion shall require the concurrence of at least two-thirds
(2/3) vote of all the sanggunian members: Provided, further, That a member
convicted by final judgment to imprisonment of at least one (1) year for any
crime involving moral turpitude shall be automatically expelled from the
sanggunian; and
(6) Such other rules as the sanggunian may adopt. (Sec. 50 of R.A. 7160)
SCHEMATIC PRESENTATION
OF THE LEGISLATIVE PROCESS
Sanggunian member(s) introduces an ordinance or resolution
Member file the request
First reading
Secretary reads the draft
resolution/ordinance
Filing of committee report with the secretary, the latter distributes copies to
Committee Chairmanmembers
rendersduring session.
Dissenting views aired by
his report.
member
Presiding
Officer Affixed His Signature
It will be published
in newspaper
of general circulation or posting in
Forward Resolution/Ordinance for
two conspicuous places (ordinance
signature of the Local Chief
with penal clause, tax related
Executive
ordinance, or any onerous
ordinance)
Kinds of
Session/Meeting
Stated or Regular Session/Meeting
the date, time and place of
meeting/session are stated in the
Internal Rules, i.e. twice a month as
provided in the IRP (Sec. 52 a of R.A.
7160).
.
Special Session/Meeting called for
by Local Chief Executive or majority of
the members when public interest so
demands (Sec. 52 b of R.A. 7160).
Order of Business
1.
2.
3.
4.
5.
6.
7.
Call to Order
Invocation
Singing of the National Anthem
Panunumpa ng Katapatan sa Watawat
Roll Call
Privilege Hour/Question Hour
Reading and Consideration of the
Minutes of Previous Session
What is a GAVEL?
A gavel is a mallet which is used by the
Presiding Chairman as a symbol of
SYMBOL OF AUTHORITY during
meetings.
CALL TO ORDER
The Presiding Officer will bang the
gavel three times to call the session to
order.
The Presiding officer might be the
regular presiding officer or the
temporary presiding officer which is
elected by the members to preside in
the absence of the regular presiding
officer.
Question: May the Ex-Officio Member
preside? Yes, considering that he is a
Invocation
During the first session of the first
Queensland Parliament, Henry Jordan,
the member for Brisbane North,
introduced a motion to open each sitting
day of Parliament with a prayer. The
motion was approved by 20 votes to 2.
The prayer then adopted is still used
today.
Lupang Hinirang/
Panunumpa ng
Katapatan sa Watawat
ng Pilipinas.
The next item of business is the
singing of our national anthem the
Lupang Hinirang, followed by the
Panunumpa
ng
Katapatan
sa
Watawat ng Pilipinas. These two items
denote nationalism and reverence to our
flag.
ROLL CALL
Roll Call is made by the secretary, upon
order of the Presiding Officer, who calls
the name of all the members of the
sanggunian and she/he determines if
quorum exist. She/he will so state if
there is a quorum or none.
DEFINITION OF QUORUM
(SEC. 53 of R.A. 7160)
- (a) A majority of all the members of the
sanggunian who have been elected and
qualified shall constitute a quorum to
transact official business. Should a
question of quorum be raised during a
session, the presiding officer shall
immediately proceed to call the roll of
the members and thereafter announce
the results.
Quorum as Simple
Majority
One half plus one of the members of the
assembly shall constitute a quorum
Ex. 7 members plus the Punong Barangay
who is the Presiding Officer (8) compose
the Sangguniang Barangay, thus, the
quorum is one half of 8, which is 4, plus
one, i.e. five (5) members constitutes
the quorum of the sanggunian.
Privilege/Question
Hour
Any member may rise to render speech
on any matter with privilege from being
prosecuted from oral defamation or
libel. He has the freedom to speak on
any matter.
Measures on First
Reading
Petitions/requests/resolutions
and
ordinances of a barangay government
which are subject for review in
accordance
with
R.A.
7160
are
introduced for first reading.
Under this Order of Business, the said
items are referred to appropriate
committees by the Presiding Officer.
Committee Reports
Communications
Calendar of Business
Under the calendar of business are the
following:
Introduction of
Business
An assembly having been organized,
business is brought before it either
1. by the motion of a member, or
2. by the presentation of a
communication to the August body.
MOTIONS
4 Basic Type of
Motions
1. Main motions:
The purpose of a main motion is to introduce
action to the members for their consideration.
A main motion can not be made when any other
motion is on the floor.
A main motion yields to subsidiary, privileged
and incidental motions.
2. Subsidiary Motions
Their purpose is to change or affect how a main
motion is handled. They must be voted on before
the main motion is voted on.
4 Basic Type of
Motions
3. Privileged Motions
Their purpose is to bring up items that are
urgent about special or important matters
not related to pending or important
business.
4. Incidental motions
Their purpose is to provide a means of
questioning the procedures concerning
other motions and must be considered
before the other questions.
Questions relating to
motions:
Is it in order?
Your motion must relate to the business at hand, and
be presented at the right time. It must not be
obstructive, frivolous or against the IRP or the
Philippine Constitution.
May I interrupt the speaker?
Some motions are so important that the speaker may
be interrupted to make them. The original speaker
regains the floor after the interruption has been
attended to.
Do I need a second?
Usually yes. A second indicates that another member
would like to consider your motion. It prevents
spending time on a question which interests only one
person.
Is it debatable?
Parliamentary procedure guards the right to free
and full debate on most motions. However some
privileged and incidental motions are not debatable.
Can it be amended?
Some motions can be altered by striking out,
inserting or both at once. Amendments must relate
to the subject as presented in the main motion.
What vote is needed?
Most require only a majority vote, but motions
concerning the rights of the assembly or its
members need a 2/3 vote to be accepted.
Can it be reconsidered?
Some motions can be debated again and re-voted to
give members a chance to change their minds. The
move to reconsider must come from the winning
side.
Main Motions
Means of introducing business to a
meeting.
Requires:
Second
Is debatable
Is amendable
Majority vote
Steps to Handling a
Main Motion
Stand
Ask to be recognized by President/Chair
President recognizes you by name
Motion is correctly stated
Motion is seconded
Motion is repeated by President
Motion is discussed and debated
President restates motion to be voted on
Motion is voted on
Results of vote announced by President
By voice
The chairperson ask those in favor to say,
aye and those oppose to say, no (For
majority voters only) A member may move
for an exact count.
By Roll Call
If a record of each persons vote is needed,
each member answers yes, no or
present (indicating the choice not to
vote) as his or her name is called.
By show of Hands
Members raise their hands as sight verification of
or as alternative to a voice vote. It does not
require a count. A member may move for an
exact count.
By ballot
Members write their vote on a slip of paper. This
is done when secrecy is desired.
By general consent
When a motion isnt likely to be opposed, the
chairperson says, If there is no objection
Members show agreement by their silence. If
someone says, I object, the matter must be put
to a vote.
Anatomy of a Main
Motion
Debating a Motion
Amending a Motion
Seconding a motion
Privileged motions
Motions that fulfill individual
needs or the interest of the
group individually.
Motions do not pertain
directly to the business
being discussed.
Privileged Motions
Adjourn
Privileged motion that ends current meeting
immediately.
Requires:
Second
Non-debatable
Non-amendable
Majority vote
Proper example
Mr. president, I move to adjourn.
Recess
Temporary break in a meeting.
Requires:
Second
Non-debatable
Amendable to time only
Majority vote
Proper example
Mr. President, I move to take a 5 minute
recess.
Raise a question of
Privilege
Secures comfort/convenience
for members.
Requires:
Nothing. Question posed by
member is decided upon by
the chair.
SUBSIDIARY MOTIONS
Subsidiary Motions
Include the following:
Second
Non-debatable
Non-amendable
Two-thirds vote
Proper example:
Madam President, I move the previous question
Mr. President, I call for the previous question
Postpone Definitely
Purpose
Requires:
Second
Debatable
Amendable
Majority vote
Proper example:
Madam President, I move to postpone this motion
until the December Regular Meeting.
Postpone Indefinitely
Purpose
Refer to a Committee
Assign main motion to a committee.
used to send a pending question to a small group so
that the question may be carefully investigated
Requires:
Second
Debatable
Amendable
Majority vote
Refer to a Committee
Two types of committees:
Standing Committee
one of those listed in your Rules
Special Committee/Ad Hoc
Appointed by the P.O.
Number of members can be 3 or
more
Refer to a Committee
Reasons for referring to a committee:
Gather more information
Act on a motion
P.O. must specify when the committee should
Amend
Changes, modifies, or
alters a main motion by:
Striking out
Inserting
Striking out and inserting
Adding
Amend
No more than two amendments can be
considered at one time.
Requires:
Second
Debatable
Amendable
Majority Vote
Amendments continued
Can be reconsidered
Improper amendments
frivolous or absurd
leave an incoherent wording
Proper Example:
Motion on floor: That the SB will buy a
laptop/computer.
Amendment: Hon. P.O., I move to amend the motion
by inserting brand new before laptop computer. So
the motion would read, I move that SB will buy brand
new laptop computer.
Amendment to an Amendment
Purpose
specific
Requires a second
Debatable
Not amendable
Majority vote
Can not interrupt a speaker
Proper Example:
Hon. P.O., I move to amend the amendment by
inserting Acer after brand new. So the final
motion with if all amendments pass would read,
I move that the SB will buy a brand new Acer
laptop computer.
Postpone Indefinitely
Kills motion without a direct vote.
Requires:
Second
Debatable
NON-Amendable
Majority Vote
INCIDENTAL MOTIONS
Motions that:
Correct ill-advised actions
Correct improper use of
parliamentary procedure.
Incidental Motions
Include the following:
Object to the
Consideration of
Question
Appeal from the
Decision of the Chair
Rise to a Point of
Order
Withdraw a Motion
Suspend the Rules
Call for Division of the
House
Rise to Parliamentary
Inquiry
NON-Amendable
Majority Vote
Rise to Parliamentary
Inquiry
Check on parliamentary questions, or
ask how to carry out a parliamentary
ability.
Requires:
Nothing. Question presented by member is
address by the chair.
Withdraw a Motion
Retracts motion proposed. Can only be
moved by member or proposed motion
being withdrawn.
Requires:
Nothing. If chair asks for objections and there
is none, withdraw stands. If there is an
objection, a majority vote is needed for
passage.
Second
Non-Debatable
Non-Amendable
Two-thirds Vote
Proper example:
Hon. P.O., because of lack of time tonight, I move to
Unclassified Motions
Unclassified Motions
Reconsider
Purpose
Reconsider Continued
Main motions
Amendments
Refer to committee
Postpone definitely
Previous question
Appeal the decision of the chair
Reconsider Continued
Proper Example
Hon. P.O., I move to reconsider the motion to buy a
laptop computer.
Rescind
Revoke or nullify previous
action.
Requires:
Second
Debatable
Amendable
Two-thirds Vote
Requires a second
Not amendable
Not debatable
Majority Vote
Can not interrupt another speaker
Proper example:
Hon. P.O., I move to lay this motion on the table
Second
Non-debatable
Non-amendable
Majority Vote
Proper Example
I move to take from the table the measure to buy
a boat.
Requires a second
Debatable
Amendable
Focused only on the issue of time or number of
speakers only
Proper Example
Hon. P.O., I move that we limit debate on this motion
to 3 discussions for the motion and 3 discussions
against the motion.
Hon. P.O., I move to limit debate to a maximum of 5
minutes.
Point of Order
Used when a member thinks that the rules are
being violated.
Does not require a second
Not amendable &Not debatable
P.O. decides and rule on the issue raised
Can interrupt another speaker
Point of Order
Proper example
Hon. P.O., I rise to a point of order.
P.O. says, State your point
After member states point, president says your
point is well taken or Your point is not well taken
Procedure
Hon. P.O., I call for the orders of
the day.
P.O. should say, Orders of the
day has been called. All those
who wish to return to the order
of the day, raise your hand. All
those opposed to returning to
the order of the day, raise your
left hand.
DONTS OF A MEMBER
REMINDERS:
Remarks must be germane to the question before
the group.
Remarks should be addressed through the chair.
Speakers should stand when speaking. (However,
there is leniency to this when all the members
have been provided microphones in their tables)
Speakers should refrain from attacking another
member's motives.
A member shall not speak until recognized by the
chair.