midterm

• Parliamentary law


  That body of generally accepted rules, precedents, and practices commonly employed to regulate the proceedings of deliberative assemblies
• Secretary of the House: '"Just go ahead and say what you wish; you will know if you are wrong because you will be ruled out of order!"'
• The young lawmaker's eagerness to know what he was to do or to say at the meetings dramatizes the importance of a working knowledge of parliamentary procedure
• If one is to take an active and responsible part in an organization, be it public or private, not necessarily a leader nor a follower; one has to be proficient with the ways of parliamentary practice
• Good leadership requires many skills and abilities. But being a responsible and active member equally requires similar skill set
• The entire organization will be running smoothly if there are knowledgeable and active leaders and members
• The blunt remark: "just go ahead and say what you wish…"


  Exemplifies the freedom of thought upon which parliamentary law is founded
• The admonition: "you will know if you are wrong because you will be ruled out of order!"


  Demonstrates the discipline that characterizes parliamentary law
• Parliamentary procedure is not ritualistic as some people tend to believe
• Purpose of parliamentary procedure

  • Not to complicate the proceedings nor to confuse the uninitiated nor deceive the unwary
• Knowledge on parliamentary procedure is important to politicians, jurists, lawyers and debaters/orators
• Parliamentary law


  Designed to help people in reconciling their views and to arrive at clear solutions to the many complex problems that arise in the social context
• Parliamentary procedure


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

  Form part of the English common law
• The English have traditionally regarded common law as the safest rule of human conduct and have esteemed it as their birthright
• 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
• Legislatures that adopted English parliamentary usages

  • Great Britain - Parliament
  • United States - Congress
  • the Philippines - Congress
  • Japan - Diet
  • China - Politburo
  • Israel - Knesset
• Sources of parliamentary law in the United States

  • The Constitution of the United States
  • The Rules adopted by each House of Congress
  • The Decisions of the Chair on points of order
  • Jefferson's Manual - a code of procedural rules prepared by Thomas Jefferson
• Sources of parliamentary law in the Philippines

  • The Philippine Constitution
  • The Rules of the Philippine Senate and Philippine House of Representatives
  • The rules and practices of the old Philippines Assembly (mentored by the Americans)
  • If needed, the Rules of US Congress and the Jefferson's Manual
• Rules governing the conduct of business in ordinary assemblies


  Mainly based on legislative procedural rules but have been simplified to meet the ordinary requirements of common deliberative bodies
• Types of organizations that may use common parliamentary procedures

  • Literary
  • Religious
  • Scientific
  • Benevolent
  • Political
  • Professional
  • Business
  • Civic
  • Social
• Common parliamentary procedures


  • Developed in the United States after long years of experiences and practice
  • Interpretation of the rules, although varying in some minor details, are now in the main standardized and authoritatively established in most countries including the Philippines
• Roberts "Rules of Order"


  A standard authority among local organizations in the Philippines
• Parliamentary procedure was adopted in the Philippines shortly after the advent of American sovereignty in the Island
• Common law was not formally adopted in the Philippines, but many of its doctrines, methods, and practice were infused in Philippines laws
• As a result, American parliamentary practice took a firm root in the Philippines legislative system
• Parliamentary procedure in the Philippines today

  Based to some extent on the Constitution, and mainly on the rules of the Philippines Senate and the House of Representatives which, in turn, were adapted from practices of the erstwhile Philippines Assembly
• In cases where local rules are silent or found inadequate, the rules of the United States Senate and the House of Representative and Jefferson's Manual are used in a suppletory character
• Aims of Parliamentary Practice:

  1. to simplify and systematize the conduct of business to enable the assembly to make fast and legally valid decisions
  2. to facilitate the work of any deliberative body
  3. to help carry out its objectives effectively and well
  4. to help people in reconciling their views
  5. to arrive at clear solutions to the many complex problems that arise in the social context
• No organization can exist without members
• Membership qualifications


  Determined by the organization, clearly stated in its governing rules (charter, constitution and/or bylaws)
• Organizations may define different classes of membership in their governing documents, not all of which include full participation in the organization's proceedings
• Member


  A person who has full participating rights in the organization
• Contract of membership


  When one joins an organization, one enters into a contract with the organization
• Member feels change is necessary

  It should be brought about by working fairly through the proper channels within the current rules
• Membership responsibilities and privileges

  Peculiar to the organization, should be defined in its bylaws
• It is neither necessary nor advisable to encumber bylaws with a list of privileges and responsibilities that are common to members of all organizations
• Keys to being a good member


  • Attends meetings regularly and arrives on time
  • Speaks up during the meeting, bringing out important points and contributing from one's own experiences
  • Learns to be brief, because brevity wins the goodwill of other members
  • Refrains from being technical or more strict than is absolutely necessary for the good of the meeting
  • Participates with good humor; brightens up the meeting and makes way for differing viewpoints
  • Faces opposition without taking offense or feeling there was personal criticism where none was intended
  • Serves willingly to the best of one's ability, thus gaining experience with each added duty
  • Confines oneself to the question before the assembly and avoids personalities
  • Practices correct parliamentary procedure
• Membership Privileges:

  1. To attend meetings. 2. To make motions and enter into debate. 3. To vote. 4. To nominate when appropriate. 5. To be a candidate for office when requested. 6. To insist on the enforcement of the rules of the organization and of parliamentary law based on Robert’s Rules of Order, Newly Revised, or other adopted authority. 7. To review official records of the organization, including the most recent governing document and the minutes of previous meetings.