Parliamentary Law - Dr. Gary Ador Dionisio

PARLIAMENTARY
LAW
Dr. Gary G. Ador Dionisio
Dean , Benilde School of Diplomacy and
Governance
Outline of Presentation
• Intended Learning Outcomes
• Introduction
• Definitions and History of Parliamentary Law
• Principles of Parliamentary Law
• Fundamentals of Parliamentary Law
• Moving Forward: Parliamentary law in the promotion of
good governance and leadership
Intended Learning Outcomes
At the end of this presentation;
• Discussed the definition and development of

parliamentary law throughout the years
• Embedded the key principles of parliamentary law in
the Ilocos Sur Sangguniang Panlalawigan Internal
Rules of Procedure
• Understood the importance of ‘parliamentary law’ in
the promotion of good governance
Introduction
• Parliamentary law and the quest for democratic

participation
• Parliamentary law in promoting good governance
legislations
• Parliamentary law as a tool of global solidarity

HISTORY OF
PARLIAMENTARY
LAW
HISTORY OF PARLIAMENTARY LAW
INTRODUCTION: DEFINING PARLIAMENTARY LAW
● It refers originally to the customs and rules for
conducting business in the English Parliament;
and thence to the usages of deliberative
assemblies in general.
● A term used by Edmund Burke to describe the

English Parliament in 1774 to serve as a basic
term for a body of persons meeting to discuss
and determine upon common action.
Early years of the English Parliament

● In modern politics, and history, a parliament is a legislative body of government.
Generally, a modern parliament has three functions: representing the electorate,
making laws, and overseeing the government via hearings and inquiries.
EARLY ORIGINS OF THE ENGLISH PARLIAMENT
Anglo – Saxon Tribes in 5th Century A.D.

● Started by concept of village moot or to
make bye-laws for their village and to
administer justice
● These group (tribes) also chose men to
represent them a the ‘Hundred-moot’
● The next authority after hundred-moot is
called ‘folk moot’, which are the citizen
army of the tribe
● The folk moot became the “Shire-moot”
(when the Britain invaded the Anglo
Saxon 5th Century)
● Shire moot – later called the “Shire Court” Anglo-Saxon Tribes (5th Century A.D.)
Norman conquest in 1066

● England was under tight military control during
the Norman conquest by a French speaking
administration.
● Norman kings assembled councils composed
of court officials, barons, and prelates – of
whom the number of present depended on the
importance of the business to be discussed or
also known as the “Great Council”.
● The early “Great Councils” were feudal
assemblies summoned by the king for the
purpose of obtaining such advice. Norman Conquest
Henry III from 1216-1272

● The conversion of the Great Council into
what we know as Parliament came about
during the 13th – 14th century.
● The word parliament was in use slightly to

describe any important meeting held for
the purpose of discussion.
● Also in this era, representatives of the

shires (knight) and of the towns or
King Henry III boroughs (burgesses) – were included in King Henry III and his Parliament
the parliament.
Edward I in 1275
● Representatives from the communities or
commons were included in the Parliament only
on occasions when such support was desired.
● By in 1311, however, the Commons were in

attendance at every parliament.
● Separations of Parliament into the two branches

which later became known as the “House of
Lords” and the “House of Commons” in 1340.
Edward I and his Parliament

DEVELOPMENT OF PROCEDURE IN PARLIAMENT
● “The proceedings of Parliament in ancient

times, were crude, multiform, and
embarrassing. They have been, however,
constantly advancing toward uniformity and
accuracy according to Thomas Jefferson”.
● Tension points between the King and the

members of the parliament (House of
Commons).
● The Journal of House of Common took the
initiatives in 1547 and became established as
a source of precedent on matters of
procedure.
● The first recorded instance of such use of the

Journal of the House of Commons was in
1580 or 1581.
● The Journal was given official status as a

document of the Commons about 1623.
● The earliest formal treatment of the
common’s procedure in English was written
between 1562 and 1566 by Sir Thomas
Smyth.
● In 1689, G. Petyt listed as references for his

small book ‘Lex Parliamentaria’, thirty five
earlier parliamentary works or sources.
● Following are the changes in the procedures:

1581 1592 1604 1610 1640

One subject Alternation between - Requirement that Confinement of Division of
at a time opposite points of the chair always for debate to the merits a question
view in assignment of the negative vote of the pending
the floor question
- Decorum and
avoidance of
personalities in
debate
Parliamentary Law in UK
THE PARLIAMENTARY PROCESS BROUGHT TO
AMERICA
● In 1607, English colonies beginning in

Virginia, started the Parliamentary Assembly.
● This body consisted of a House of Burgesses

as an elected lower chamber and a small
Governor’s council as an upper chamber.
● When American Revolution occurred, the

Parliament was used to resist against the
Pax Britanica.
THE PARLIAMENTARY PROCESS BROUGHT TO
AMERICA
● The First Continental Congress in

Philadelphia on Sept 5, 1774 focused on the
adaptation of American processes in the
parliament.
● The Second Continental Congress carried on

the war; it also directed the framing of, and
adopted, the declaration of independence.
The First Continental Congress in Philadelphia

THE PARLIAMENTARY PROCESS BROUGHT TO AMERICA
● By close of the 18th Century, the stages through

which the parent English parliamentary methods
had passed and summarized as follows:
○ The use of within each colony, of such
parliamentary rules as were applicable.
○ The application of these same practices in
inter-colonial gatherings when
representatives of the colonies met to act in
their common interest; and
○ The use of parliamentary procedure as an
instrument for implementing processes of
representatives government under a written
constitution.
JEFFERSON’S MANUAL
● The parliamentary system of US needed further codification.
● As according to Jefferson “the Constitution of the United

States…authorizes each branch of the congress “to determine
the rules of its own proceedings”.
● Parliament, Jefferson concluded provided the most practical

model for the Congress.
JEFFERSON’S MANUAL
● It had ‘served as a prototype to most of’ existing state

legislatures (Parliamentary procedures).
● Jefferson compiled his Manual of Parliamentary Practice,

published in 1801.
● Jefferson acknowledged in his Manual “Precedents of

Proceedings in the House of Commons” by John Hatsell (who
was a clerk of the House of Commons from 1768 to 1820).
● Jefferson’s Manual is unchallenged and

defined and interpreted parliamentary
principles for our democratic republic and
to offer a basic pattern of rules and a
measure of uniformity for legislative
processes of the United States.
● However, tension between the Senate and

House of Representative resulted for the
superseding of Jefferson’s work.
CUSHING’S MANUAL (1803-1856)
● Decades after Jefferson Manual was published,

various organizations began to demand a body of
rules which is non-legislative.
● The first author who acted upon on these demands

was Luther S. Cushing, Clerk of Massachusetts
House of Representatives and noted jurist.
● He published ‘Manual of Parliamentary Practice:

Rules of Proceeding and Debate in Deliberative
Assembly’ was published in 1845.
● Highlights of Cushing’s Manual
○ The general parliamentary rules in Jefferson’s
Manual formed “the basis of the common
parliamentary law of this country”
○ A system of parliamentary rules had been
established in each state
○ Some meetings were conducted not merely on
according to parliamentary law
○ It is erroneous that each society has its owned
parliamentary procedures
○ Occasional assembly was properly subject
only to the common parliamentary law
● Critiques of Cushing’s Manual
○ It was proved insufficient to the needs of
assembly intended
○ An organization cannot come up an adoptable
own procedure
○ In the years after civil war the confusion
continue to exist
○ Thus, it was the concern of Henry Martyn
Robert to address this confusion
GENESIS OF ROBERT’S RULE OF ORDER
● Henry Martyn Robert (1837-1923) was an engineering

officer in the regular army
● In 1863 his interest in parliamentary law precipitated

when he presided a meeting at New Bedford,
Massachusetts.
● In 1867 Robert was promoted as Major and

transferred to San Francisco, in this instance, he
devoted himself to study parliamentary law.
● In 1871 Robert was transferred to Portland, Oregon, also he

made several observation to improve Cushing’s Manual.
● Thus, he was fully convinced of the need for a new kind of

parliamentary manual, ‘based, in its details, to the use of
ordinary societies’.
● In 1874, he completed the manuscript in Milwaukee and

from their he sought publisher to produce his Manual.
● In 1875, the Pocket Manual of Rules of Order for

Deliberative Assemblies was completed.
● The first edition of the manual accordingly was published

by S.C. Griggs and Company of Chicago served as its
publisher.
● And on February 19, 1876 the book Robert’s Rules of Order

was issued.
SUBSEQUENT REVISIONS
● The first complete revision of Robert’s Rules of

Order Revised was published on May 5, 1915.
● The reorganization, expansion, and clarification

represented by Robert’s Rules of Order Revised
was largely outgrowth of hundreds of letters
received by the author over the years.
● Upon General Robert’s death in 1923, his only son
Henry Robert, Jr. continued the legacy of his father.
● The legacy of Robert was passed to Robert, Jr’s

widow, Sarah Corbin with her Mother in Law Isabel
Hoagland Robert in 1943 in which both of them
served as editorial boards.
● In 1965, Sarah Corbin, Henry Robert III and by William

Evans and Dr. James Clearly published the “Robert’s
Rules of Order Newly Revised”
● In 1981, a new edition was published under the

leadership of Henry Robert III and William Evans with
suggestions from Dr. James Clearly.
Sarah Corbin
INFLUENCE OF ROBERT
● The crux of Robert’s Rules of Order’s initial contribution was making it possible for
assemblies and societies to free themselves from confusion and dispute.
● In an often – quoted statement
“The great lesson for democracies to learn is for the majority to give to the
minority full, free, opportunity to present their side of the case, and then for the
minority, having failed to win a majority to their views, gracefully to submit to
recognize the action as that of the entire organization, and cheerfully to assist
in carrying out, until they secure its repeal”.
IN PHILIPPINE SETTINGS
● Parliamentary procedure is said to have

been adopted in the Philippines shortly
after the advent of American sovereignty.
● Although common law was not formally

adopted in the Philippines, many of its
doctrines, methods, and practices were
infused in Philippine laws, and as a result,
American parliamentary practices took a
firm root in the Philippine legislative
system.
The First Philippine Commission
● Parliamentary procedure in the Philippines
is based to some extent on the
Constitution, and mainly on the rules of
Philippine Senate and the House of
Representatives which, in turn, were
adapted from the practices of the
erstwhile Philippine Assembly.
The First Philippine Assembly

FUNDAMENTAL
PRINCIPLES OF
PARLIAMENTARY
LAW
PRINCIPLES OF PARLIAMENTARY LAW
● Parliamentary law promotes

democracy
● Parliamentary law ascribes to

individual freedom
● Parliamentary law universalizes

equal opportunity and common
understanding
Senator Eva Estrada Kalaw delivering her privilege speech
FUNDAMENTAL PRINCIPLES OF PARLIAMENTARY LAW
A. Members Have Equal Rights and Obligations

● Every member has the same rights as those of any
of his colleagues
● Each one has the right to be vote and voted upon
● Everybody has the right to propose motions,
discuss and decide questions
A. The Majority Rules

● Majority means a total of at least one half plus one
● Majority rule is an essence of democracy
● Majority has the right to decide the action of the
entire organization
Scuffles in Taiwanese Parliament (top - 2017; bottom - 2020)
C. The Minority Must be Protected

● Minority is meant either the aggregate of members
who are regularly organized to fiscalize the actions
of the majority.
● Minority has the right, among others, to speak and

be heard
● Minority has the right to employ any parliamentary

device to prevent action on, or approval, of any
question
Ghanaian Parliament’s Minority pushing for

items to be revisited in the 2022 Budget
D. Singularity of Subject
● One subject must be brought before the
assembly at a time
● It maintains order and decorum during

deliberations
● No bill which may be enacted into law shall

embrace more than one subject which shall be
expressed in the title of the bill
Hong Kong Parliament fist fight after heated debate over
the proposed extradition law that would strengthen Beijing's
powers on the island. (2019)
E. Full and Free Debate Must be Allowed

● All questions (except some few) are entitled to a full
and free debate before they are submitted to a vote
● All sides must be heard before any decisions is made
● The entire assembly should be enlightened on the
question
F. Every Motion Must be Voted Upon

● All motions (except some few) before the assembly
UK Parliamentary Brexit Debates (2019)
should be voted upon
● A motion or questions may be disposed of temporarily
or permanently, affirmatively or negatively
G. Group Interest Must Prevail

● Representatives in the parliamentary assembly
are part of organization
● Though individual has different ideas and
perspectives in different issues, a group member
should subsumed in the desire of organization
H. Promoting Courtesy, Justice, and Equality

● Attack to personalities is not allowed
● The subject or topic should not attributed to the Australian Senators David Pocock and Katy Gallagher shake hands
character and personality of the proponent after being sworn in on the opening day of the new Parliament,
despite differences in principles and ideologies. (2022)
● Justice and reason should be basis of making

decision
I. The Presiding Officer Must be Impartial

● Because of the delicate position of presiding officer, he or she should be at all times impartial
in the exercise of his or her capacity as the chair
● Presiding officer must allow all parties to participate squarely
● If the presiding officer would like to be part of the deliberation, he or she should relinquish his
and her position
(L-R) Yaël Braun-Pivet, French National Assembly President; Nancy Pelosi, Speaker of the United States House of Representatives;
Rt Hon Sir Lindsay Hoyle, Speaker of the UK House of Commons
PARLIAMENTARY
PROCEDURES: THE
BASICS
PARLIAMENTARY PROCEDURES: THE BASICS
MEETINGS AND SESSIONS
A. Meeting
● Denotes a gathering 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
● It covers the period from the time the

assembly convenes to the time it adjourns
New Zealand Parliament Meeting (2016)
MEETINGS AND SESSIONS
B. Types of Meetings
● Regular meeting is one which is held at the time provided for the constitution or by-laws
● Special meeting may be called from time to time either as the organization requires
● An Adjourned meeting is merely a continuation of an original meeting (whether regular or

special) in which the business left pending when the original meeting was adjourned may
be taken up
SESSIONS
● A term session denotes either single

meeting or a series of meetings which last
from and to, any length of time
● 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
● A session is terminated by an adjournment

sine die, or without a day or time is set for
the reconvening of the assembly
QUORUM
● A quorum is that number or proportion of

the members of an organization which
must be present at a particular meeting for
the organization to legally transact
business
● In 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
QUORUM
What Constitutes a Quorum?

● Common parliamentary law fixes quorum at majority of the members
● A proportional number of members to form a quorum as according to organizational
requirement
● In convention, the quorum is usually bare majority of the delegate
Computing a Quorum
● In computing a quorum, the number of members necessary for the purpose should be based
on actual membership or incumbents
● Common parliamentary law also provides that in computing a quorum, only members in
good standing should be counted
● An according to court decisions, the quorum of an assembly consists of the number of
members present and not the number of members voting
QUORUM
Issues on Quorum
● Walkouts and Illegal Adjournments
○ Mr. Presiding officer, the majority members of
this assembly no longer recognize the session
● Presumptions of Quorum
○ Mr. Presiding officer, there is no account that
we adjourned the assembly, therefore the
session is still in effect
● Questioning a Quorum
○ Mr. Presiding officer, is there a quorum Video: Presence of Quorum was questioned before starting the
period of interpellation on then RH Bill
present?
ORDER OF BUSINESS
● Order of business is a program or outline of the things to be done during a meeting. It serves
as a guide of the proceedings to insure the orderly and efficient transaction of business
● It s usual for every organization to provide in its by laws or other rules the order of business
which is customarily of the ff pattern:
○ Call to order
○ Invocation (optional)
○ Roll Call (optional)
○ Reading and consideration of the minutes
○ Reports of the standing committees
○ Reports of special committees
○ New business
○ Announcements (optional)
○ Adjournment
DEBATES
● A debate is a discussion on any subject for the

purpose of elucidating the truth or influencing
action
● Debates are necessary part of parliamentary

procedure because it is only through the
medium of a free and full discussion that
members of an assembly may be able to decide
a question intelligently
Top: West Virginia Senator Joe Manchin (D) during the Election Reform Legislation Debate (2022)
Bottom: Alaska Senator Cathy Giessel (R) during the Senate floor debate on oil tax reform (2013)
DEBATES
A. Freedom of Debates
● Any member is entitled to discuss issues on concerns
● But the freedom of debate is not absolute because there are certain rules, also based on
fundamental principles of parliamentary law
A. Debatability of Motions
● Motions may be classified into categories on the basis of their debatability, namely
undebatable motions, and motions allowing full debate
DEBATES
E. Time Limit for Debate

● Time limit is depend on the
organizational bylaws or standing
rules.
● Where no time limit is provided for

by any rule of the organization, the
extent of the debate is left to the
discretion of the assembly
DEBATES
F. Close and re-opening of Debate

● When a question appears to have been thoroughly discussed and nobody expresses a
desire to speak on it further the chair proceeds to put the question by asking first, “Are you
ready for the question?”
● While on the re-opening of debate it can be decided by a motion that requires only majority
vote
VOTES AND VOTING
Types of Vote:
A. Majority Vote
● The term majority vote is variable and may mean any of the ff, depending upon the rules of
the organization or the will of assembly
○ Majority of the legal votes
○ Majority of the total votes cast
○ Majority of the members present
○ Majority of all the members
A. Percentage Vote
● A percentage vote means the proportion of a certain whole, for example, two thirds of the
legal votes cast or three fourths of the members present
VOTES AND VOTING
C. Plurality Vote
● A plurality vote means a vote larger by at
least one over the total vote of any other
candidate or proposition. In other words, it
is the number of votes that a winning
candidate or proposition has over the
closest rival although it may not constitute
a majority vote.
Top: Sangguniang Bayan of Sto. Tomas, Batangas, voting on a local legislation (2013)
Bottom: Senate votes in favor of relocating and construction of new legislative building in Taguig (2020)
VOTES AND VOTING
D. Tie Vote
● A tie vote occurs when two or more candidates or propositions each receive the same
number of the highest vote thus creating a deadlock.
● Breaking and creating a tie, the presiding officer when the vote is 12 to 12, resulting in
the loss of the motion, he may vote in the affirmative but not in the negative; when vote
is 13 for the affirmative and 12 for the negative, he may vote in the negative to create a
tie to defeat the motion.
VOTES AND VOTING
E. Methods of Voting
● By voice - Voice vote or viva voce is the most expeditious method of voting and is generally
used except where a more accurate account of the votes
● By show of hands - This method of voting consists of the raising of the right hand, first, by
the members voting in favor of the question
● By rising - Like the voting by show of hands, a rising vote is taken an actual or a more
accurate count of the votes
● By roll call - Vote by roll call is also known as voting by Yeas and Nays or Ayes and Noes
● By general consent - The term general consent connotes unanimity of opinion. Through
this method, questions are decided without the formality of actuality of taking the vote
● By ballot - The principal purpose of this method of voting is secrecy. It is commonly used
in the election of candidates to office or deciding certain questions in which some
members may not wish to reveal their sentiments
VOTES AND VOTING
E. Methods of Voting
● Absentee Voting - It means allowing absent
members to vote, is generally true among
organizations with scattered membership,
there are two ways of voting in absentia; one
is by mail and the other, by proxy
● Cumulative Voting - This is principally
designed to protect the interest of minority
groups
● Abstentions - It is a member prerogative to
abstain from voting unless the rules of
organization compel him to do so which is
seldom done Japanese Parliament fights as some legislators claim that
a vote on pacifism was held without them (2015)
PARLIAMENTARY PROCEDURES: THE BASICS II
NATURE AND IMPORTANCE OF COMMITTEES
A. Committee
● Is a body of one or more persons appointed or
elected to perform certain functions for the
assembly
● Its duties generally include the consideration

or investigation of certain matters, or the
execution of certain acts
● It is the most effective instruments through

which the various functions of an organization Senate Committee on Energy hearing on Proposed Senate
Resolution, inquiring into the planned big-time increase in the
may be efficiently carried out generation cost charged by MERALCO to its consumers. (2014)
B. Classification of Committees
1. Executive Committee (Execom) or Boards of Management
● It is considered the highest governing body of an organization in absence of a congress or
assembly
● As a rule, the members of a board are elected by and from among the members of the
organization, and the board members, in turn elect set of officers from among themselves
● In some cases, the head and the secretary of the organization are made ex-officio
chairman and secretary
● Membership in a board is usually of the same duration as the term of the office of the
board members
B. Classification of Committees
2. Ordinary Committees - There are three types of ordinary committees
● Standing or regular committee
○ A standing or regular committee is created to perform for the organization any kind
of work related to particular fields as it may choose to undertake
● Special Committee
○ Is created only for a special and specific purpose (investigation, new developments
on different fields of interest, etc)
● Committee of the Whole
○ The assembly is acting like a committee
○ This device is resorted to when the assembly desires to act on any measure
informally
C. Subcommittees
● To distribute in details the various tasks and works of different committees, a
subcommittee can be created to assign in specific tasks e.g. invitation to the speakers,
marketing and publicity, etc.
D. Amendments by the Committee

● A committee cannot adopt, but may only propose, amendments to any motion, resolution,
or question referred to it by the assembly
E. Discharge of Committee
● The assembly, by a two thirds vote, may discharge committee from further consideration
of a question and may through the same motion, assign the question to another
committee or to a committee of the whole
F. Committee Reports
● A committee report is a written account of the work done by
a committee in relation to a particular task and function
G. Approval of Report
● A committee report represents the collective thought and
judgment of the body, and for this reason, it must be
formally approved in a meeting of the committee
H. Adoption of Report
● A committee report is adopted if the assembly accepts it
through a vote
● It may be adopted in full or in part, as when certain
exceptions are made to the report
NATURE AND IMPORTANCE OF CONSTITUTION,
BY-LAWS, RULES OF ORDER AND STANDING RULES
● Every organization subscribing parliamentary

procedures constituted some system of rules
to govern the actions of the individual
members and the body as a whole
A. Constitution
● It is a set of principles and rules defining in broad outlines

the government of an organization
● It is the basic guide of all its acts and any rule that conflicts
with any of the constitutional provision
● Parts of a Constitution contains a preamble and from five to

six articles
A. Constitution
● Before a constitution is made effective, it must first be

adopted by the members of the organization
● Amendment of constitution occurs if there are provision no

longer applicable to the assembly or for some other reasons
B. Bylaws
● Is a set or rules designed to amplify and carry out in detail the provisions of the
constitution
○ Membership, covering kinds of membership
○ Committees (kinds, methods, purposes)
○ Officers to be elected and appointed
○ Provisions for regular and special meeting (notice of agenda, date, time, etc)
○ Financial provision (fines, assessment)
○ Elections (regular or special, conduct, composition of electoral board)
○ Order of Business of meetings
B. Bylaws
● Is a set or rules designed to amplify and carry out in detail the provisions of the
constitution
○ Quorum required
○ Kind of vote required
○ Provision for limiting debates
○ Procedure for suspending or amending provision of the by-laws
○ Matters involving the holding of convention and other related events
○ Parliamentary authority
○ Standing or special rules
C. Rules of Order
● A set of rules contains provision exclusively related to the transaction of business
● It defines the duties and responsibilities of the officers during the meetings and other related
actions
D. Standing Rules
● Any policy or rule of minor importance or of a temporary character, adopted by an organization
E. Parliamentary Authority
● The basis of creating the rules adopted by the organization should be mentioned or cited
Classification of Motions
There are different types of motions. Robert's Rules of Order Newly Revised (RONR) divides motions into
five classes:
1. Main motions, those that bring business before the assembly when no other
motion is pending. This is the most common type of motion.
2. Subsidiary motions, which affect the main motion being considered.
3. Privileged motions, which are urgent matters that must be dealt with
immediately, even if they interrupt pending business.
4. Incidental motions, which relate in different ways to the business at hand.
5. Motions that bring a matter again before the assembly.
Main Motion
A main motion is a motion that brings business before the

assembly.[Main motions are made while no other motion is
pending. Any of the subsidiary, incidental and privileged motions
may be made while the main motion is pending, and in many
cases these motions, if passed, will affect the assembly's
consideration of the main motion.
Subsidiary motion
A subsidiary motion is a type of motion by which a deliberative

assembly deals directly with a main motion prior to (or instead of)
voting on the main motion itself. Each subsidiary motion ranks
higher than the main motion and lower than the privileged
motions, and also yields to applicable incidental motions. Some of
the subsidiary motions may also be applied to certain other
subsidiary motions, incidental motions and privileged motions.
Robert's Rules of Order Newly Revised recognizes seven subsidiary motions. Ranked
lowest to highest in order of precedence, they are the motions to:
1.Postpone indefinitely—to end consideration of the main motion for the balance of that
session, without a direct vote on the main motion.
2.Amend—to change the main motion. (May also be applied to certain other motions).
3.Commit or Refer—to send the main motion and any pending subsidiary motions to a
committee for consideration.
4.Postpone to a certain time (or Postpone Definitely, or Postpone) -- to delay consideration
of the main motion and any pending subsidiary motions.
5.Limit or extend limits of debate—to change limitations on number or length of speeches
from those previously adopted.
6.Previous Question—to close debate, preclude any further amendments and vote
immediately. (May apply to any motion or pending series of motions.)
7.Lay on the Table—to suspend consideration of the main motion and any pending
subsidiary motions to allow for immediate consideration of more urgent business.
Privileged Motion
A privileged motion is a motion that is granted precedence over ordinary business because it
concerns matters of great importance or urgency. Such motions are not debatable, although in
case of questions of privilege, the chair may feel the need to elicit relevant facts from members.
According to Robert's Rules of Order Newly Revised, the privileged motions are, in order of
precedence:
1.Fix the time to which to adjourn, if another question is pending.
2.Adjourn, but not if qualified or if adjournment would dissolve the assembly.
3.Take a recess, if another question is pending.
4.Raise a question of privilege
5.Call for orders of the day
Incidental Motion
An incidental motion is a motion that relates in varying ways to the main
motion and other parliamentary motions.
Robert's Rules of Order Newly Revised lists the following incidental

motions:
appeal the decision of the chair, consideration by paragraph or

seriatim, division of a question, division of the assembly, motions relating to
nominations, motions relating to methods of voting and the polls, objection
to the consideration of a question, point of order, request to be excused from
a duty, suspend the rules, and the requests and inquiries (parliamentary
inquiry, request for information, request for permission to withdraw or modify
a motion, request to read papers, and request for any other privilege). Most
incidental motions are undebatable.
Motion that bring a question again in the assembly
Motions that bring a question again before the assembly are types of
motions that are used to consider again a question that was previously disposed
of.
Robert's Rules of Order Newly Revised groups four motions under the
classification name of "Motions that bring a question again before the
assembly", because by their adoption or by their introduction, they serve the
function described by the name of the class:[ Take from the table, Rescind or
amend something previously adopted, Discharge a committee, and Reconsider.
Except for the motion to Reconsider, these motions are main motions and can
only be made when no business is pending.
Moving Forward
• In the discipline of public administration and governance

‘democratic participation’ should be its core pillar.
• But participation requires systems and procedures; such as

election, direct action and parliamentary procedure.
• A developed society can be measured by the level and quality

of participation of its citizens.
• Thus, parliamentary procedure should be highly observed.

THANK YOU
Dean , Benilde School of Diplomacy and Governance
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PARLIAMENTARY
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Dean , Benilde School of Diplomacy and
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Parliamentary Law - Dr. Gary Ador Dionisio

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PARLIAMENTARY

At the end of this presentation;

• Discussed the definition and development of

• Parliamentary law and the quest for democratic

• Parliamentary law as a tool of global solidarity

● A term used by Edmund Burke to describe the

Early years of the English Parliament

Anglo – Saxon Tribes in 5th Century A.D.

Norman conquest in 1066

Henry III from 1216-1272

● The word parliament was in use slightly to

● Also in this era, representatives of the

● By in 1311, however, the Commons were in

● Separations of Parliament into the two branches

Edward I and his Parliament

● “The proceedings of Parliament in ancient

● Tension points between the King and the

● The first recorded instance of such use of the

● The Journal was given official status as a

● In 1689, G. Petyt listed as references for his

● Following are the changes in the procedures:

1581 1592 1604 1610 1640

● In 1607, English colonies beginning in

● This body consisted of a House of Burgesses

● When American Revolution occurred, the

● The First Continental Congress in

● The Second Continental Congress carried on

The First Continental Congress in Philadelphia

● By close of the 18th Century, the stages through

● The parliamentary system of US needed further codification.

● As according to Jefferson “the Constitution of the United

● Parliament, Jefferson concluded provided the most practical

● It had ‘served as a prototype to most of’ existing state

● Jefferson compiled his Manual of Parliamentary Practice,

● Jefferson acknowledged in his Manual “Precedents of

● Jefferson’s Manual is unchallenged and

● However, tension between the Senate and

● Decades after Jefferson Manual was published,

● The first author who acted upon on these demands

● He published ‘Manual of Parliamentary Practice:

● Henry Martyn Robert (1837-1923) was an engineering

● In 1863 his interest in parliamentary law precipitated

● In 1867 Robert was promoted as Major and

● In 1871 Robert was transferred to Portland, Oregon, also he

● Thus, he was fully convinced of the need for a new kind of

● In 1874, he completed the manuscript in Milwaukee and

● In 1875, the Pocket Manual of Rules of Order for

● The first edition of the manual accordingly was published

● And on February 19, 1876 the book Robert’s Rules of Order

● The first complete revision of Robert’s Rules of

● The reorganization, expansion, and clarification

● The legacy of Robert was passed to Robert, Jr’s

● In 1965, Sarah Corbin, Henry Robert III and by William

● In 1981, a new edition was published under the

● Parliamentary procedure is said to have

● Although common law was not formally

The First Philippine Assembly

● Parliamentary law promotes

● Parliamentary law ascribes to

● Parliamentary law universalizes

A. Members Have Equal Rights and Obligations

A. The Majority Rules