Essence of Committee System and Parliamentary Procedures presentation by Atty. Atty. Arlene C. Dada-Arnaldo at the IAG training workshop for the ARMM Regional Legislative Assembly, Sept. 6-7, 2013, Makati City
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Iag rla trg essence of committee system & parliamentary procedures arnaldo presentation
1.
2.
3. A. Importance (W. Wilson)
“Congress in Plenary is Congress in Exhibition; Congress in
Committee is Congress at Work.”
1. Agenda – Setting
2. Consultation and Citizen Participation
3. Constituency Concerns
4. Oversight Functions
5. Legislative Processing of Measures
B. Role in the Legislative Process (R. Davidson)
political nerve-ends
gatherers of information
sifters of alternatives
refiners of legislative details
Essence of a Committee System
4. C. Legislative Process Expectation
After a committee’s expert scrutiny, its decision and
recommendation to be upheld on the Floor.
Essence of a Committee System
5.
6. A. Duties and Functions (R IX, sec. 26)
Committees shall study, deliberate on and act upon all measures
referred to them and shall recommend for approval or adoption by
the House those that, in their judgment, advance the interests and
promote the welfare of the people.
Committees shall establish appropriate systems and procedures
to ensure that constituencies, sectors and groups whose interests
are affected given sufficient opportunities be heard.
Committees shall have oversight responsibilities
Committees may also, motu proprio, upon a majority vote of all
their Members, conduct hearings and inquiries on issues and
concerns within their respective jurisdictions.
Rules of Procedure
7. Rules of Procedure
B. Election/Kinds Standing Committees
(R IX, sec. 27) (R IX, sec. 15)
Standing Committees (58) –
continuing/intensive legislative
study, attention and action
Standing Committees (29)
Special Committees (11) –
special/urgent needs which
standing committee is unable to act
upon w/ needed dispatch
The Assembly may organize Special
Committees as it may deem
necessary
C. Subcommittees (R IX, sec. 29) R IX, sec. 16
Each standing committee may
create such sub-committees as
may be necessary for the efficient
and effective performance of its
functions.
The Chairman of each Committee
may… create such subcommittees as
may be deemed necessary.
8. Rules of Procedure
D. Membership
R IX, sec. 30 R IX, Sec. 15/2nd par.
upon nomination of Majority and
Minority Leaders, not subject to the
division of the House
Assembly to organize on the basis
of proportional representation of
majority and minority
each region represented as far as
practicable
Each province
ranking indicates seniority
(N.B., no such provision)
E. House Leadership with Voice and Vote in Committees
R IX, Sec. 30 R IX, Sec. 7
The Speaker, the six (6) Deputy
Speakers, the Majority Leader, the
eight (8) Deputy Majority Leaders, the
Minority Leader and the five (5) Deputy
Minority Leaders and the Chairperson
of the Committee on Accounts or a
Member deputized by any of them shall
have voice and vote in all committees.
The Speaker Protempore and both
the Majority and Minority Leaders
of the Assembly are ex-officio
members of all standing
committees.
9. Rules of Procedure
F. Vacancy and Succession
R IX, Sec. 31 R IX, sec. 16, 17
filled up upon nomination by
Majority and Minority Leader
Membership in the different
committees including their
respective chairperson shall be
chosen by the Assembly. The
Chairman of each Committee
may designate a Vice-
Chairman….
leadership hierarchy “The highest
ranking vice-chairperson or Member
whose name is next…”; ” the
Member next n succession in the list
of committee members”
in case of permanent disability or
removal, the tenure of the successor
is only until a new Chair is elected
Exercise duties upon election
until successors have been
elected or designated.
10. G. Limitations (R IX, Sec. 32) R IX, sec. 16, 2nd par
Sec. 20, 2nd par.
A Member of the House cannot serve as
chairperson of more than one (1)
committee. A Member of the House
panel in the Commission on
Appointments or the House Electoral
Tribunal cannot serve as chairperson of
any committee.
Every Member is entitled to be
member of as many Standing
Committees provided that as far
as practicable, each province
shall be represented in every
committee.
No Member of a committee shall
participate in committee deliberations or
vote on any matter regarding which
he/she has direct or indirect business,
financial or pecuniary interest.
No Member of a Committee shall
vote in any matter in which he
has substantial pecuniary
interest, whether direct or
indirect.
11. H. Rules of Standing and Special Committees (R IX, Sec. 34)
Standing and special committees may adopt their own rules by
a majority vote of all their members, Provided, That these are
consistent with these rules and will not expand or in any way alter
their jurisdictions as provided herein.
Rules of Procedure
I. Place, Time and Notice of Meetings R X, Meeting and Reports
R IX, Sec. 35 of Committees, Sec. 21
Place: HREP building or any gov’t. office or
any place authorized by the Speaker
Time: not during sessions, except for the
Committee on Rules
Notice: at least five calendar days (initial
hearings), in writing or electronic mail
three calendar days (regularly scheduled
meetings), in writing or electronic mail
Notice, including agenda, to be
given 3 days in advance to every
member
Subject: as far as practicable, similar or
related subject matter
12. Rules of Procedure
J. Regular and Special Meetings
R IX, Sec. 37 R X, Sec. 21
At least twice a month regular
meetings
Committees determine
frequency of their regular
meetings
Special meetings; called by
chairperson or upon request of 1/4 of
the membership
Called by their respective
chairmen or by 1/3 of their
members
K. Quorum
R IX, Sec. 37 Quorum R X, Sec. 21, 2nd Par.
1/5 of the membership for
meetings
1/3 of membership but in no case less
than two
smaller number for public
hearings (out-of-town)
Fewer members to conduct public
hearings
Ex-officio members are counted
for purposes of quorum if they
are present
Presence of ex-officio members
considered to determine quorum
In cases of joint meetings, a
quorum must be present in each
of the committees concerned
13.
14. Consideration of a Measure
A. Referral to Committees
R X, Sec. 44 R IX, Sec. 15, 3rd Par.
single committee referral, to the committee
within whose jurisdiction the subject matter
directly and principally relates to
to not more than two (2) committees which have
primary jurisdiction over the principal subject
matter
Principal committees, to transmit to
Committee on Appropriations when measure
entails the appropriation of public funds;
and/or to
measures involving appropriation of funds or
embodying tax or revenue proposals shall
respectively be referred to the Committee on
Finance for appropriation aspect or to
Committee on Ways and Means when
measure contains tax or revenue proposals
the Committee on Ways and Means for tax or
revenue aspect
the committee that acquires original
jurisdiction shall be principally responsible for
submitting a report; it may incorporate
therein, the recommendations of the
Committee on Appropriations and/or the
Committee on Ways and Means, as the case
may be.
The committee that acquires original jurisdiction
mainly responsible to submit a report to the
Assembly incorporating therein appropriate
recommendations
request for change of referral made through
the Chairperson of the Committee of referral
Whenever the committee submit conflicting
reports, both reports shall be referred to the
Committee on Rules for disposition
15. B. Committee/Subcommittees Meetings, Public
Hearing, Ocular Inspection
reference materials gathered: studies
prepared/solicited
positions and opinions
heard/solicited/documented
ocular inspection when necessary
C. Committee Action on a Measure
approval of the Bill or adoption of the Resolutions
with or without amendment
consolidation of measures
substitution of the measure
lays measure on the table
defers action, possibly indefinitely
Consideration of a Measure
16. Consideration of a Measure
D. Discharge of Committees
R X, Sec. 50 R X, Sec. 26
unacted upon for more than thirty
(30) session days upon receipt of
referral
fail to render a report within 30
session days after such reference
upon 1/5 of members signing for
inclusion in the Calendar of Business
five (5) Assemblymen may move, in
writing, for inclusion in the Calendar
of Ordinary Business and the Speaker
shall so order it.
signature may be withdrawn in
writing at any time before Journal
entry
17.
18. Reports & Orders
A. Procedural Requirement
R IX, Sec. 39 R X, Sec. 23
consideration in formal meetings Standing and Special committees to hold
sessions, discuss, decide and submit a
report on all matters transmitted to them
majority of Members present, there being
a quorum, may act on a committee
report.
A committee report, once approved, must
be signed by the Chairperson of the
committee.
the report must be signed by the majority
of the members thereof
B. Presumption of Concurrence of Committee Members
R IX, Sec. 39 R X, Sec. 23, 2nd Par.
unless the Member files an objection
and/or dissenting vote with the Secretary
General in writing within seven (7)
calendar days from the inclusion thereof
in the Order of Business or
within 2 session days after the committee
report is included in the Order of Business
unless the Member is allowed to do so by
the Speaker upon satisfactory
explanation in writing made by the
Member within the same period.
unless upon satisfactory explanation made
by the member concerned, the Speaker
should allow otherwise
19. Reports & Orders
C. Sponsors named are the Chairpersons of the reporting committees.
Authors are those of the consolidated or substituted measures in the order
in which their names appear in the latter and according to their dates of
filing
R X, sec. 46 R XVIII Requisites of Bills,
Sec. 52
substitute or consolidated bill or resolution
shall have as authors the first two (2) authors
of the original bills or resolutions in the order
in which their names appear in the bills or
resolutions and according to their dates of
filing. The rest of the authors shall,
thereafter, be enumerated in the same order.
The names of the committee chairpersons
and other members of the committee may,
thereafter, as listed as authors of the measure
if they so desire.
A consolidated or substitute bill shall have as
authors every member who has signed any of
the bills or resolutions consolidated or
substituted in the order their names appear in
the latter and according to the date of the
filing thereof. In case the Chairman or any
member of the committee desires to be an
author, his name shall be added after the
names of the last author listed
In case of two (2) or more bills or resolutions
on the same subject matter with conflicting
provisions, the author of the measure which
provisions are substantially adopted in the
consolidated or substituted measure shall be
considered as the principal author thereof.
20. Reports & Orders
D. Bills Favorably/Unfavorably Reported
R X, Secs. 47 – 48 R X, Sec. 25
When a committee report on a bill or resolution is
favorable, the bill or resolution and the
corresponding report together with other
supporting documents and information materials
shall, together with electronic copies thereof, be filed
with the Secretary General who shall number the
report. The sponsoring committee shall transmit the
report to the Committee on Rules in such number of
copies as required by said committee.
When a committee report on a bill or resolution is
unfavorable, the bill or resolution shall be laid on
the table. The author or authors shall be notified of
the action in writing, or through electronic mail,
within five (5) days after the bill or resolution has
been laid on the table, stating the reason(s) therefor.
If the reports submitted are unfavorable,
they shall be transmitted to the archives
together with the matters to which they
refer, unless 5 Assemblymen shall in the
following session move, in writing, for its
inclusion in the Calendar of Business, in
which case, the Speaker shall so order
In case of bills or resolutions previously filed in the
immediately preceding Congress which have been
considered and reported out by a particular
committee, the same may be disposed of as matters
already reported upon the approval of majority of the
Members of the committee present, there being a
quorum.
21.
22. A. Committee Groupings
B. Spot Reports / Minutes of Meetings
C. Schedule of Committee Meetings
D. Committee Daily Bulletin
E. Fact Sheet
F. Session Bulletin
23.
24. PlenaryA. Precedence of Motions During Debate
R XIII, Sec. 97 R XXVII, Sec. 78
When a question is before the body, the
following motions shall be entertained and,
subject to Sections 58 (Third Reading)
and 117 (Explanation of Vote) of these Rules,
shall take precedence in the following order:
First Motion to Adjourn;
Second Motion to Raise a Point of Order;
Third Motion to Raise a Question of Privilege;
Fourth Motion to Declare a Recess;
Fifth Motion for Reconsideration;
Sixth Motion to Lay on the Table;
Seventh Motion to Postpone to a Day Certain;
Eighth Motion to Refer to or to Re-Refer;
Ninth Motion to Amend; and
Tenth Motion to Postpone Indefinitely
The first seven (7) motions shall be decided
without debate, while the last three (3) motions
shall be decided subject to the five-minute rule.
While a motion or bill or resolution is being
discussed no other motion shall be
entertained except the following and in
order in which they appear below:
a.Motion to adjourn.
b.Motion to set date for the resumption of
the session.
c.Motion to suspend session.
d.Motion to call an executive session.
e.Motion to lay on the table any business.
f.Motion to postpone indefinitely the
consideration of any business.
g.Motion to postpone the consideration of
any business to another date.
h.Motion to transfer a principal motion to
the corresponding committee.
i.Motion to amend.
All motions to adjourn or suspend a session
or to hold executive session shall be
resolved without debate.
25. PlenaryB. Voting
R XV, Sec. 114 R XXXVI, Voting, Sec. 97
1. Viva Voce
2. Division of the House
3. Count by Tellers
4. Nominal Voting
1. Viva Voce
2. Nominal Voting
“Sec. 114. Manner of Voting. The Speaker shall rise
and state the motion or question that is being put to a
vote in clear, precise and simple language. The
Speaker shall say "As many as are in favor, (as the
question may be) say 'aye'". After the affirmative vote
is counted, the Speaker shall say "As many as are
opposed, say 'nay'".
Sec. 98. In voting “viva voce”, the affirmative vote shall
taken first, and then negative vote.
If the Speaker doubts the result of the voting or a
motion to divide the House is carried, the House shall
divide. The Speaker shall ask those in favor to rise, to
be followed by those against. If still in doubt of the
outcome or a count by tellers is demanded, the
Speaker shall name one (1) Member from each side of
the question to count the Members in the affirmative
and the negative. After the count is reported, the
Speaker shall announce the result.
Sec. 99. If there is any doubt as to the result, the Speaker,
on his own initiative or upon petition of any Member of the
Assembly, shall proceed to the counting of the affirmative
and the negative vote. In this case, the Speaker of Presiding
Officer shall request the Assemblymen who voted in the
affirmative to raise their hands and after taking note of
their number, he shall request those who voted in the
negative to do the same. After counting the votes, he shall
announce the final result.
An abstention shall not be counted as a vote. Unless
otherwise provided by the Constitution or by these
rules, a majority of those voting, there being a
quorum, shall decide the issue.”
Sec. 100. In nominal voting, the Secretary shall call
alphabetically the names of the Members present and each
member shall answer “yes” or “no” upon being called.
Immediately thereafter, the Secretary shall inform the
Speaker or the Presiding Officer about the result of the
voting and the latter forthwith shall in turn announce it to
the Assembly.
26. Plenary
C. Procedure on Voting
1. Explanation of Votes
R XV, Sec. 117 R XXXVI, Sec. 106
“During nominal voting, the vote made may be
explained by the concerned Member in not
more than three (3) minutes: Provided, That in
case of approval of Third Reading of bills and
joint resolutions, explanation of vote shall be
allowed only after the announcement by the
Secretary General of the results of nominal
voting thereon; Provided further,That no other
motions shall be considered until after the
explanation of votes, if any.”
A Member may explain his vote in
not more than three minutes
2. No Interruption During Voting
R XV, Sec. 118 R XXXVI, Sec. 105
“The voting shall not be interrupted by any
other business or question.”
Voting shall not be interrupted
except on a question of quorum
27. Plenary
3. Tie Vote
R XV, Sec. 119 R XXXVI, Sec. 102
“The Speaker shall vote only in case of a
tie. A tie on an appeal from the ruling of
the Chair sustains the decision of the
Chair.”
The Speaker or Presiding Officer
shall not be obliged to vote
except when his vote is decisive.
4. Vote Required (R XV, Sec. 120)
“The affirmative and negative votes on any question
subject to nominal voting shall be entered in the
Journal.”
28. Plenary
D. Motion for Reconsideration
R XIII, sec. 102 R XXIX, Motion to
Reconsider And its
Requisites, Sec. 80
1. Who May Move
2. When to make the Motion
3. Order of Precedence
“When a measure, report or motion is
approved, adopted or lost, a Member who
voted with the majority may move for its
reconsideration on the same or succeeding
session day. Only one (1) motion for
reconsideration shall be allowed. The motion
for reconsideration shall take precedence over
all other questions, except a motion to
adjourn, a point of order, a question of
privilege, and a motion to declare a recess. A
bill, resolution, memorial or petition
recommitted to a committee or ordered to be
printed shall not be brought back to the
House on a motion to reconsider.”
Any Member of the Assembly who voted with
the majority may move for the
reconsideration of a measure on the same day
it was decided by the Assembly or within the
next two session days. If the Assembly
disapproves the motion, no other motion to
reconsider shall be entertained unless it be by
unanimous consent.
29. Plenary
E. Point of Order
R XIII, Motion and their Precedence R XXXIII, Point of Order
Sec. 100. A Point of Order is a privileged
question that raises a violation of the rules in
relation to the matter under discussion on the
floor. A motion to read any part of the Rules is
equivalent to a Point of Order and takes
precedence over any motion other than a
motion to adjourn.
Sec. 91. All points or order may
be raised at any time during the
session and the Speaker shall
resolve them. The decision of
the Speaker may be appealed to
the Assembly upon motion of
any Assemblyman.
30. Plenary
F. Appeal from Ruling of Chair (R XIII, Sec. 108)
“Any Member may appeal from the ruling of the Chair and may be
recognized by the Chair, even though another Member has the floor. No
appeal is in order when another appeal is pending.
The Member making the appeal shall state the reasons for the appeal
subject to the five-minute rule. The Chair shall state the reasons for the
ruling and forthwith submit the question to the body.
An appeal cannot be amended and shall yield only to a motion to
adjourn, to a point of order, to a question of personal privilege or to
recess.
A majority vote of the Members present and voting, there being a
quorum, shall decide any appeal. In case of a tie vote, the appeal is lost.
If an appeal is laid on the table, the ruling of the Chair remains in effect.”
31. Plenary
G. Other Helpful Information
1. Committee Work is Coterminous with the Term of Congress
RXXI, Papers, Books and R XXXIV, Unfinished
Records, Sec. 144 Business, Sec. 110
“The Unfinished Business at the end of a
session shall be resumed at the
commencement of the next session as if no
adjournment has taken place.
All pending matters and proceedings shall
terminate upon the expiration of the term of
Congress and the records pertaining thereto
delivered to the Archives within fifteen (15)
days after such expiration.”
Unfinished business at the end of the session
shall be taken up at next session in the same
status. All pending matters and proceedings
shall terminate upon the expiration of one
Assembly but may be taken up by the
succeeding Assembly as if presented for the
first time.
N.B. So, at the end of this 1st and 2nd Regular sessions, there should
be no rushing for the refilling of measures which have not yet been
reported out by the Committees.
32. Plenary
2. Appreciating R XVII, Question Hour R XLI, Appearance of
Appearance of Heads of Department Cabinet Members
The Rules speak of 2 occasions, i.e.,
a)Upon Initiative of Department Head, and
b)Upon Request of House
Both present opportunities to exact greater
accountability in governance.
33. Plenary
3. Distinguishing Privilege Hour from Question of Privilege
HREP Rule XVI, (Privilege Hour) Sec. 121 HREP Rule XIII, (Motion and their
Precedence) Sec. 101 (Question of
Privilege)
cover any matter of general interest those affecting the individual or collective
duties, conduct, rights,
privileges, dignity, integrity or
reputation of House or Members
one-hour limitation ten-minute rule
Mondays after the approval of the journal any day; with precedence over all
other questions except a motion to
adjourn and a point of order
on any other day, upon unanimous consent
of the House after the consideration of the
Business of the Day
N.B. Members shall not avail of the Privilege Hour to speak on the concerns
that are the principal subject matter of the measures already pending in any
committee or plenary session.
34. Plenary
A Member who has registered to speak on a specific
subject matter in the Privilege Hour cannot rise on a Question
of Personal or Collective Privilege on the same subject matter.
A Member shall not also rise on a Question of Personal
and Collective Privilege to speak on concerns that are the
principal subject matter of measures pending in any
committee or in plenary session.
35. Plenary
RLA, R XXV (Privilege Hour) RLA, RXXXIV (Question of
Privilege)
on any matter of public interest Affecting the rights, privileges,
reputation, conduct, decorum and dignity
of the Assembly or its Members as well as
integrity of its proceedings
one hour limitation
Mondays, after Order of Business any day, with precedence except over the
motion to adjourn
36. Plenary
4. Decorum and Debate R XII R XXII Manner of Having
the Floor
Sec. 88. Manner of Addressing the Chair. When
any Member desires to speak or deliver any
matter to the House, such Member shall rise
and respectfully address the Chair as "Mister
Speaker" or "Madam Speaker", as the case may
be, and, on being recognized, may address the
House from any place on the floor.
Sec. 62. Whenever a member of the
Assembly wishes to speak, he shall rise
and request the Speaker or the
Presiding Officer to allow him to have
the floor, which consent shall be
necessary before he may proceed. If
various Assemblymen wish to have the
floor, the Speaker or Presiding Officer
shall recognize the one who first made
the request.
Section 89. Recognition of Member. The Chair
shall recognize a Member who rises to speak.
When two (2) or more Members rise at the
same time, the Chair shall recognize who shall
speak first: Provided, That as far as practicable,
Members of the Majority and the Minority shall
be allowed to speak alternately on the floor.
Sec. 63. No Member of the Assembly
shall interrupt another without the
latter’s consent. Which may not be
obtained except through the Speaker
or Presiding Officer.
37. Plenary
4. Decorum and Debate R XII R XXII Manner of Having
the Floor
Section 92. Decorum. A Member who has the
floor shall speak only on the question under
debate, avoid personalities in all cases and
refrain from indecorous words or acts. The
Chair may, motu proprio, or as the House may
direct, declare statements, remarks or words
unparliamentary, and order that these be
stricken off the record. A Member who calls to
order another Member for words spoken in
debate, shall indicate the words objected to.
The Secretary General shall note and read
aloud such words. However, the Member who
is called to order shall not be held to answer
nor be subject to censure by the House if
further debate or other business intervenes.
R XXX Unparliamentary Acts and Language.
Sec. 81. Acts and language which offend a
Member of the Assembly or any public
institution shall be deemed unparliamentary.
Sec. 82. No Member under any circumstances,
shall use offensive or improper language
against Assemblymen or against any public
institution.
Sec. 83. When a member, by word or deed,
violates any Rule of the Assembly, the Speaker,
motu proprio or at the instance of another
Member, may call him to order. The Member
concerned shall immediately take his seat if he
happens to have the floor and, in case the point
or order raised has been sustained by the
Speaker or Presiding Officer, said member shall
not continue speaking without the consent of
the Assembly. The Motion permitting the
member concerned to continue speaking shall
be resolved without a debate.
38. Plenary
4. Decorum and Debate R XII R XXII Manner of Having
the Floor
Sec. 84. When a Member is called to order for
using unparliamentary language any other
Member may ask that the objectionable words
be read for the information and decision of the
Assembly.
Sec. 85. Upon the recommendation of the
Committee on Ethics and Privileges, the
Assembly may punish and Member for
disorderly behavior and, with the concurrence of
two-thirds of the entire membership, suspend or
expel a Member. A penalty of suspension shall
not exceed sixty calendar days.
Section 93. Conduct and Attire During Sessions and
Committee Meetings. Members shall wear proper attire which
is barong filipino or coat and tie for men, and Filipina dress or
business suit for women, and observe proper decorum during
sessions and committee meetings. During Monday sessions,
female Members are encouraged to wear traditional Filipina
dress and male Members are encouraged to wear barong
filipino. Members who are not in proper attire shall be
considered absent. Officers and members of the Secretariat
shall also wear proper attire which is the prescribed official
uniform during sessions and committee meetings.
39.
40. A. Parliamentary procedures refer to that mass of rules,
practices and conventions by which a deliberative body
regulates its own proceedings, and also the standing and
temporary orders which it makes for this purpose; and their
machinery, such as the presiding officers and other officials and
committees, which it sets up for its assistance
B. Purposes
•Essential to the preservation of order, decency, and regularity
of proceedings
•Ensure efficient and harmonious conduct of legislative
business
•Protection to Members against arbitrary and oppressive
rulings and decisions of the Chair
41. C. Source
Constitution
Statutes
Suppletory
• parliamentary practices of Philippine Assembly, the
House of Representatives, the Senate, and the Batasang
Pambansa
• parliamentary practices of U.S. Congress
• Jefferson’s Manual
D. Dynamic Usage
Rules are not static. They are subject to modification, revocation,
waiver at the pleasure of the body adopting them.
Rulings of the Chair form part of parliamentary practice.