Fundamental Principle

• Parliamentary law refers to that body of generally accepted rules, precedents, and practices commonly employed to regulate the proceedings of deliberative assemblies
• Parliamentary procedure


  First systematized in the early English Parliament
• The main principles of parliamentary procedure have been in use since the reign of King Edward VI from 1547 to 1553
• Rules of parliamentary procedure

  Form a part of the English common law, not based on any established law but dependent upon decisions of the Chair, reports of parliamentary debates, judicial rulings, and other precedents
• When the English colonies in the New World renounced their allegiance to the Crown, they adopted common law as their fundamental jurisprudence, including the English parliamentary usages
• The early American congresses borrowed many of their legislative practices from the English Parliament, but improved on some of the rules and introduced new ones to meet their growing requirements
• Parliamentary law in the United States

  Emanates from four sources: the Constitution of the United States, the rules adopted by each House of Congress, decisions of the Chair on points of order, and Jefferson's Manual
• Parliamentary procedure was adopted in the Philippines shortly after the advent of American sovereignty in the Islands
• Parliamentary procedure in the Philippines

  Based to some extent on the Constitution, and mainly on the rules of the Philippine Senate and the House of Representatives, which were adapted from the practices of the erstwhile Philippine Assembly
• In cases where local rules are silent or found inadequate, the rules of the United States Senate and the House of Representatives, and Jefferson's Manual are used in a suppletory character
• Common parliamentary procedure


  The common practice of conducting business in assemblies which, though not legislative, are deliberative in character
• The rules of common parliamentary procedure have been developed in the United States after long years of experience and practice, largely through the efforts of text writers whose interpretation of the rules are now standardized and authoritatively established in most countries, including the Philippines
• Fundamental principles of parliamentary procedure

  • Members have equal rights and obligations
  • The majority rules
  • The minority must be protected
  • Singularity of subject
  • Full and free debate must be allowed
  • Every motion must be voted upon
  • Group interest must prevail
  • The presiding officer must be impartial
• Meeting


  A gathering or assembly of the members of an organization for any length of time during which there is unbroken deliberation except, perhaps, for occasional and brief periods of recess
• Session


  Either a single meeting or a series of meetings which may last from, and to, any length of time
• Kinds of meetings


  • Regular
  • Special
  • Adjourned
• Adjournment


  Does not close the session if a provision is made for a future meeting in a motion to adjourn, or in a motion adopting a program for a series of meetings, or by some other agreement previously adopted
• Adjournment


  Closes the session if none of the above provisions is made but the holding of regular meetings is provided for in the constitution, by-laws, or some rules of the organization
• Meeting


  An assemblage of the members of an organization for any length of time during which there is no separation of the members except for brief periods of recess
• Session


  A series of meetings, held in close succession and for any length of time, such as the session of a convention or of the Congress
• Kinds of Meetings


  • Regular
  • Special
  • Adjourned
• Regular meeting


  One which is held at the time provided for in the constitution or by-laws of the organization
• Order of business in regular meetings

  Reading and approval of the minutes of the previous meeting, reports of committees, consideration of unfinished and new business, and adjournment
• Special meeting


  Can be called from time to time either by the head of the organization, its governing board, or a certain number of the members, depending upon the rules of the organization
• Adjourned meeting


  A continuation of an original meeting (whether regular or special) in which any business left pending when the original meeting was adjourned may be taken up
• Quorum


  The number or proportion of the members of an organization which must be present at a particular meeting for the organization to legally transact business
• Quorum


  In the absence of a quorum, no business can be transacted with legal effect even with the unanimous consent of those present except to adopt such measures as are deemed necessary to obtain a quorum or to adjourn
• Quorum


  The number or proportion of members necessary to form a quorum is purely discretionary on the part of the organization as it may provide in its constitution or by-laws
• Quorum in a convention

  Usually a bare majority of the delegates who are duly registered
• Quorum in mass meetings or in the case of an organization which is still in the process of formation


  Any number of persons attending the meeting, provided it has been properly called
• Quorum in a committee

  Unless otherwise provided for in the constitution or by-laws of the organization, a majority of its members
• Computing a quorum


  The number of members necessary for the purpose should be based on actual membership or incumbents, and this must be limited to actual members who are incapacitated to discharge their duties by reason of death, incapacity, or absence from the jurisdiction of the organization, or for other causes which make attendance of the member concerned impossible even through coercive process
• Quorum


  In computing a quorum, only members in good standing should be counted, subject to the rules of the organization itself, particularly on the matter of delinquency of members
• Quorum


  The quorum of an assembly consists of the number of members present and not the number of members voting
• Quorum


  A member who is disqualified from participating in the deliberations of a particular question for reasons of personal benefit or interest, cannot be included for purposes of computing a quorum for a vote on said question, or of counting a majority of the quorum
• Quorum


  If the presiding officer is a member of the organization, he is counted in computing a quorum
• Quorum


  Once a quorum has been fixed at a particular number, any reduction in the membership of the organization does not alter the number constituting a quorum
• Walkouts and Illegal Adjournments

  When a quorum has been duly constituted but a group thereof refuses or neglects to meet with the others, a majority of those present may transact business
• Walkouts and Illegal Adjournments

  If the bigger number withdraws so as to leave no quorum, the minority is, in general, considered powerless to act
• Walkouts and Illegal Adjournments


  Where a session or a meeting has been regularly convened but later on illegally adjourned, or where a minority of the members present voluntarily abandoned the meeting, any group, provided it consists of a majority of the members, may continue the same session, it being a tacit continuation or simple prolongation of the session which had been formerly declared open with a quorum