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.)

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Subjects

Political Law, Labor Law

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