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Iag rla trg essence of committee system & parliamentary procedures arnaldo presentation

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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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A. Importance (W. Wilson)

“Congress in Plenary is Congress in Exhibition; Congress in Committee is Congress at Work.”

1. Agenda – Setting2. Consultation and Citizen Participation3. Constituency Concerns4. Oversight Functions5. 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

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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

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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

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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. 16Each 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.

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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.

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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.

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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.

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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. 21Place: 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 

 

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Rules of Procedure

J. Regular and Special Meetings R IX, Sec. 37 R X, Sec. 21At 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

 

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Consideration of a MeasureA. 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

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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

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Consideration of a Measure

D. Discharge of Committees R X, Sec. 50 R X, Sec. 26unacted 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

 

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Reports & OrdersA. Procedural Requirement R IX, Sec. 39 R X, Sec. 23consideration 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

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Reports & OrdersC. 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.

 

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Reports & OrdersD. Bills Favorably/Unfavorably Reported R X, Secs. 47 – 48 R X, Sec. 25When 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.

 

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A.Committee Groupings

B. Spot Reports / Minutes of Meetings

C. Schedule of Committee Meetings

D. Committee Daily Bulletin

E. Fact Sheet

F. Session Bulletin

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Plenary A. Precedence of Motions During Debate R XIII, Sec. 97 R XXVII, Sec. 78When 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; andTenth 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.

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Plenary B. Voting R XV, Sec. 114 R XXXVI, Voting, Sec. 971. Viva Voce

2. Division of the House3. Count by Tellers4. Nominal Voting

1. Viva Voce2. 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.

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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

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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.”

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Plenary

D. Motion for Reconsideration R XIII, sec. 102 R XXIX, Motion to

Reconsider And its Requisites, Sec. 801. Who May Move

2. When to make the Motion3. 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.

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Plenary

E. Point of Order R XIII, Motion and their Precedence R XXXIII, Point of OrderSec. 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.

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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.”

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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.

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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, andb)Upon Request of House Both present opportunities to exact greater accountability in governance. 

 

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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 orreputation 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.

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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.

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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

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Plenary

4. Decorum and Debate R XIIR XXII Manner of Having

the FloorSec. 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.

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Plenary

4. Decorum and Debate R XIIR XXII Manner of Having

the FloorSection 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.

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Plenary 4. Decorum and Debate R XIIR XXII Manner of Having

the FloorSec. 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.

 

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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

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C. SourceConstitutionStatutesSuppletory

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.

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