CONSTI Article 6 Section 16

Question 1

Other disciplinary measures besides expulsion and suspension are

Answer 1

• Deletion of unparliamentary remarks from the record
• Fine
• Imprisonment and censure
• soft impeachment

Question 2

Quorum

Answer 2

Under the Constitution, the quorum is the majority
of each house. This number enables a body to
transact its business and gives such body the power
to pass a law or ordinance or any valid act that is
binding.

Question 3

NOTE: In computing quorum, members who are:

Answer 3

NOTE: In computing quorum, members who are
outside the country and, thus, outside of each
House’s jurisdiction are not included. The basis for
determining the existence of a quorum in the Senate
shall be the total number of Senators who are within
the coercive jurisdiction of the Senate. (Avelino v.
Cuenco, G.R. No. L-2821, 04 Mar. 1949)

Question 4

Effect if there is no quorum

Answer 4

Each House may adjourn from day to day and may
compel the attendance of absent members in such
manner and under such penalties as each House
may provide. (Sec. 16(2), Art. VI, 1987 Constitution)

NOTE: The members of the Congress cannot compel
absent members to attend sessions if the reason for
the absence is a legitimate one. The confinement of
a congressman charged with a non-bailable offense
is certainly authorized by law and has constitutional
foundations. (People v. Jalosjos, G.R. No. 132875-76,
03 Feb. 2000)

Question 5

Disciplinary power of Congress (2002, 1993
BAR)

Answer 5

Each house may punish its members for disorderly
behavior and, with concurrence of 2/3 of all its
members, suspend, for not more than 60 days, or
expel a member. (Sec. 16(3), Art. VI, 1987
Constitution)

Question 6

Members of Congress may also be suspended
by the Sandiganbayan or by the Office of the
Ombudsman?

Answer 6

The suspension in the Constitution is
different from the suspension prescribed in R.A. No.
3019 (Anti-Graft and Corrupt Practices Act). The
latter is not a penalty but a preliminary preventive
measure and is not imposed upon the petitioner for
misbehavior as a member of Congress. (Santiago v.
Sandiganbayan, G.R. No. 128055, 18 Apr. 2001)

Question 7

Instances when the Constitution requires that
the yeas and nays of the Members be taken every
time a House has to vote

Answer 7

1. Upon the last and third readings of a bill (Sec.
   26(2), Art. VI, 1987 Constitution);
2. At the request of 1/5 of the members present
   (Sec. 16(4), Art. VI, 1987 Constitution); and
3. In repassing a bill over the veto of the
   President. (Sec. 27, Art. VI, 1987 Constitution

Question 8

True or false, the constents of the enrolled bill shall prevail over those journal in case of conflict

Answer 8

True, this rule was firs laid down in the case of Mabanag v Lopez Vito, where the Supreme Court held that it was bound under the doctrine of separation of powers by the contents of a duly authenticated resolution of the legislature.

Question 9

To be considered a Member of the
House of Representatives, there must be a
concurrence of the following requisites:

Answer 9

(1) a valid
proclamation; (2) a proper

Question 10

The term of office of a Member of the House of
Representatives begins only “at

Answer 10

noon on the thirtieth
day of June next following their election.” Thus, until
such time, the COMELEC retains jurisdiction.
Consequently, before there is a valid or official
taking of the oath it must be made (1) before the
Speaker of the House of Representatives; and (2) in
open session. Here, although she made the oath
before Speaker Belmonte, there is no indication that
it was made during plenary or in open session and,
thus, it remains unclear whether the required oath
of office was indeed complied with. (Reyes v.
COMELEC, G.R. No. 207264, 25 June 2013)