Fundamentals of Parliamentary Procedures

(The article on parliamentary procedures by Atty. Ronquillo C. Tolentino is designed to make easy the understanding of an intricate subject. Atty. Tolentino had lectured on this subject in the academes, student councils, government and leadership seminars, youth organizations. His lecture had been used by other student and youth organizations.)

It is a common observation that so many people attend meetings; yet, it is a common experience to find that so few knows what to do or to say during these meetings. Meeting, it is said, is an art. And presiding and attending successful meetings is something that cannot be done by sheer bravado, nay, display of ignorance over parliamentary rules. Hence, there is a compelling necessity for organization members to have a study, understanding and proper application of the rules of parliamentary law.
Parliamentary law was first developed by the English Parliament. Hence, the name Parliamentary Law. The rationale behind the adoption of rules of order was to make men of different ideas and opinions gather in one body and discuss matters or business in an orderly manner. Parliamentary law works in accordance with justice and equality. Majority rules but minority is always given time to ventilate their views and stand on any issue. Each proposition presented is entitled to a full and free debate. The spirit of free inquiry is observed in a parliamentary body. Merger of individual opinions into a singular resolution are evident in parliamentary bodies. Accordingly, matters, or if you will, business, can be discussed in a courteous and democratic way.
Agenda and Quorum. It is paramount importance to keep in mind that in parliamentary law only one thing must be done at a time. Likewise, in any meeting, any given organization must have a well prepared order of business or agenda. A simplified agenda usually includes, among others, the call to order, reading of the minutes of the previous meeting, the reports, and the unfinished business. In order that a parliamentary assembly may transact business legally, a quorum must be had. In most cases, unless an organization has its own way of determining a quorum, the quorum normally is the majority of the enrolled membership. In certain cases, the quorum is some other fraction of the total number of members as fixed by the organization’s by-laws and constitution.
Matters are acted in an assembly or organizations through the deliberation of a motion. By definition, a motion is a form of procedures required for the transaction of business in an assembly. A motion filed is usually formal and intended to generate action. Parliamentary law classifies motions into four types, the main, subsidiary, privileged, and incidental motion. Each type of motion has its own purpose. A main motion brings a question before the assembly for consideration. On the other hand, subsidiary motion has for its purpose the modification or disposal of the main motion under consideration. A privilege motion has no connection with the main motion. The importance of privilege motion is that it demands immediate attention and reply. An incidental motion is a miscellaneous motion.
Several points have to be considered in gauging whether or not a motion may be correctly utilized. Accordingly, a member should know whether he may interrupt a speaker or if not, he intends to present a motion. He should know whether his motion requires a second or not; whether it is debatable, debatable for a limited time or not debatable. It is important that the member should know what vote is required to carry his motion, what other motions may be applied to it, a knowledge of the motion’s rank or precedence or what are its chances of being proposed again if lost.
In a parliamentary assembly, the proper presentation of a motion requires several steps: First, obtaining the floor. The member rises and addresses the presiding officer with his official title. Second, proposing the motion. After recognition by the presiding officer, the member formally makes a proposal in the form of a motion. The main motion is the principal matter of business in hand. On this aspect, no other member can present another main motion on the floor. Third, seconding the motion. With exceptions, all motions need be seconded. The seconding member needs to rise.
It is an obligation on the part of the presiding officer, after a motion has been moved and seconded, to state the motion before the assembly. The question is then placed before the assembly for consideration and action. Disposition of motions are done through several steps. First, the body debates and discusses the motion. It is a principle in parliamentary law that members must always address the presiding officer, must confine themselves to the question in consideration and must avoid personalities. Ideas or opinions over an issue may result into intellectual clashes and conflicts of views but it should not touch the borders of personalities inclining on name-calling, hurling of ugly invectives and epithets. During the debate, one or two speakers may speak for the motion and another one or two against. Justice and equality demand that pros and cons be heard least it would result into tyranny of one-sided ideas. Second, the body presents a secondary motion if there is any. To reiterate, subsidiary motions are raised in order to facilitate the disposal of the motion. For the time being, any subsidiary motion takes precedence over the original motion. While this is being considered, questions incidental to the business may be raised. These are called incidental motions. Emphasis is made herein that any of these motions interrupts the business and becomes the pending question. The privileged motions, however, takes precedence over the other secondary motions since it is of greater importance and since it needs more immediate attention. Third, the body takes a vote on the motion. After the debate, the presiding officer in parliamentary procedures the chair-asks, "Are you ready for the question?" The chair states the motion and then the assembly makes its decision either through viva voce (shouting Ayes and Nays) vote, by the raising of the hands, through standing or by secret balloting. Unless specified by the by-law, no motion or objection may be carried by a plurality vote.
By and large, a majority vote is necessary. When two-thirds votes is required, two-thirds of the votes cast must be in favor in order that the motion be passed. The interpretation of this from standpoint of parliamentary procedure is that twice as many are for the motion as those who are contra. Fourth, the chair announces the result of the vote.
Should there be a need to change the motion as presented either by addition, substitution or elimination, a member rises to amend the motion. This amendment may further be changed by an amendment to the amendment. The first is termed the primary amendment and the second, the secondary amendment. Only these two may be raised on the floor.
There are times that the agenda is not closely followed. By deviation or deflection of discussions, the agenda may not be strictly followed. In this connection, to place the agenda in its proper sphere, these secondary motions may be raised. Orders of the Day. When the member thinks that the assembly is not following the order of business, he calls the attention of the chair by calling for the orders of the day. This is a privileged motion, thus, it can interrupt a speaker. No second is required. This motion is not debatable.
Point of Order. If violation of parliamentary procedures is made in the course of business, a member rises to a point of order. If, however, the member is yet in doubt on this possible breach of rules, he may stand and rise to a parliamentary inquiry. Those two motions are incidental motions, not debatable and need no second. The member may interrupt the speaker. Appeal from the decision of the chair. A parliamentary assembly has always within such body men with variegated ideas and divergent views. The chair in a parliamentary body may be questioned on the ruling it has made. If a member disagrees with the chair about a decision, he rises and appeals at the time the ruling was made. If he is seconded, the chair reinstates the question and proceed to a vote on whether to sustain or overrule the decision of the chair.
To limit, or extend debate. There are times when the assembly is beset by seemingly endless and inutile debate. Or there are times when there are lengthy debates over issues that tax the time of the assembly. In effect, in order to discuss the question thoroughly, a motion to limit the debate is raised on the case and a motion to extend debate is presented if the sides have not been fully discussed. These motions are subsidiary. If the question has been adequately considered and discussed, a member may rise to call for the previous question. This motion is not debatable, requires 2/3 votes and is a subsidiary motion. This paves the way for a vote on the main motion on the floor.
There are several motions in parliamentary procedures which may be used to defer action on a motion under consideration and sometimes used to block or kill main motions.
Among the motions to defer action on a motion, the following are commonly used: To lay the question on the table. This is to postpone consideration of a motion. This means that the body should stop its discussion on the matter and move up to the next business. The motion may be taken from the table in order to resume deliberations. The action to lay the motion on the table is a subsidiary motion and calls for a limited debate.
To postpone indefinitely. A strategy to kill the motion without opening a vote. These are resorted to by those who are opposed to the main motion when they think that they will not have a majority vote. A subsidiary motion. Limited debate, Object to consideration. This incidental motion should be raised before the progress of a debate in order to stop the reconsideration of the motion. It requires 2/3 negative votes because it sets aside the fundamental rights of members to consideration to motion which they are introduced.
When a motion cannot be passed without violating the rules of the assembly, a motion to suspend the rules is raised. It should be borne in mind by the proponent though that the motion should not come at variance or conflict with the constitution, by-laws, or with the observed fundamental principles of parliamentary procedures. It cannot interrupt a speaker and requires no debate. 2/3 votes. It should be observed that no rule can be suspended when the negative vote is as large as the majority protected by the rule.
Like the daily class schedule, an assembly may have an intermission during a meeting. This is called a recess. A motion to take a recess is a privilege motion, undebatable and requires a majority vote. /MP