E. Discipline of members

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

Frequency: ★★☆☆☆

1. Parliamentary (Internal) Rules

Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds (2/3) of all its Members, suspend or expel a Member. (Section 16[3], Article VI, Ibid.)

A penalty of suspension, when imposed, shall not exceed sixty days. (Ibid.)

a. Disciplinary action

A disciplinary action, including suspension or dismissal, is the exclusive power of the House of Representatives, to which the courts have no jurisdiction to interfere. (Osmeña v. Pendatun, En Banc, G.R. No. L-17144, 28 October 1960)

For unparliamentary conduct, members of Congress have been, or could be censured, committed to prison, even expelled by the votes of their colleagues. (Ibid.)

Each department, it has been said, has exclusive cognizance of matters within its jurisdiction and is supreme within its own sphere. (Ibid.)

2. Procedural

Parliamentary rules are merely procedural, and with their observance, the courts have no concern. They may be waived or disregarded by the legislative body. Consequently, mere failure to conform to parliamentary usage will not invalidate the action (taken by a deliberative body) when the requisited number of members have agreed to a particular measure. (Ibid.)



Political Law, Labor Law

Question 13, 2017 Labor Law Bar Exam

XIII. (Question XIII, Labor Law, 2017 Bar Exam) A. Given that the liability for an illegal strike is individual, not collective, state when the participating

E. Emergency powers

Frequency: ★★☆☆☆ | Probability: ★★★☆☆ a. Emergency War and other national emergency – Congress allowed to grant President emergency powers. In times of war or

3. Interpretation of penal laws

Frequency: ★★★★☆ PRESUMPTION OF INNOCENCE: In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987

H. Anti-Torture Act of 2009

Frequency: ★★★☆☆ “Torture” – refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for

4. Retroactive effect of penal laws

Frequency: ★★★★☆ Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal,

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