Political and Public International Law › Legislative Department › Chambers of Congress; Composition; Qualifications; Term

4. Quorum and Voting Majorities

E. Quorum and Voting Majorities

1987 CONST., art. VI, sec. 16

> SECTION 16. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members.

Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Quorum

SECTION 16(2), ARTICLE VI. A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

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In computing a quorum, members who are outside the country, thus outside of each House’s coercive jurisdiction, are not included.

“Majority” shall take into consideration the number of members within the “jurisdiction” of the Congress (those it can order arrested for the purpose of questioning). In Avelino v. Cuenco [G.R. No. L-2821 (1949)], one Senator was out of the Philippines which is not within the “jurisdiction” of the Senate, so that the working majority was 23 Senators. There is a difference between a majority of "all members of the House" and a majority of "the House", the latter requiring less number than the first. Therefore, an absolute majority (12) of all members of the Senate less one (23) constitutes a constitutional majority of the Senate for the purpose of the quorum.

Voting Majorities

Doctrine of Shifting Majority

For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.

Kinds of Recess

Voluntary Recess - takes place before the adjournment of Congress like Christmas recess
Compulsory Recess - takes place when the Congress adjourns

Quorum to do business - Majority of each House shall constitute a quorum

A smaller number may adjourn from day to day and may compel the attendance of absent members.
In computing a quorum, members who are outside the country and thus outside of each House’s coercive jurisdiction are not included.
Majority in Senate: The basis in determining the existence of a quorum in the Senate is the total number of Senators who are in the country and within the coercive jurisdiction of the Senate (Avelino v. Cuenco, G.R. No. L-2821, March 4, 1949).
Majority of the House: means 1/2 +1 of the actual membership of the House who are within the coercive jurisdiction of the Congress (within the Philippines).
Majority of all members of Congress: means majority of the entire composition of Congress regardless of the number of members present or absent during time the question is brought to the floor as long as there is quorum (e.g. (24/2) +1 for the Senate and (250/2) +1 for the HOR)

Voting Majorities of Congress

SENATE
NATURE OF PROCEEDING	REQUIRED VOTES	BASIS
For the effectivity of treaty or international agreement	2/3 of All	Sec. 21, Art. VII
Conviction in impeachment	2/3 of All	Sec. 3(6), Art. XI

HOUSE OF REPRESENTATIVES
NATURE OF PROCEEDING	REQUIRED VOTES	BASIS
Affirm a favorable committee resolution or override an unfavorable one; filing of articles of impeachment	At least 1/3 of All for affirmance or override; filing by at least 1/3 of All constitutes the Articles of Impeachment	Sec. 3(3)–(4), Art. XI

COMMON TO BOTH
NATURE OF PROCEEDING	REQUIRED VOTES	BASIS
Discipline Members	2/3 of All	Sec. 16(3)
Election of the Senate President and House Speaker; each House chooses its other officers as it deems necessary	Majority of All Members of their respective Houses for the Senate President and House Speaker	Sec. 16(1)
Declare the Existence of a State of War	2/3 of Both Houses, in joint session assembled, voting separately	Sec. 23
Override President's Veto	2/3 of All in the House of Origin, followed by 2/3 of All in the other House	Sec. 27(1)
Quorum to do business	Majority w/in Compulsive Power of the House	Sec. 16(2); Avelino v. Cuenco
Yeas and Nays in the Journal	1/5 of Members present of each house	Sec. 16(4)
Tax Exemption	Majority of All	Sec. 28(4)
Confirmation of new VP nominated by President	Majority of Both Houses, voting separately	Art. VII, Sec. 9
Determination that Pres. unable to discharge powers & duties	2/3 of Both Houses, voting separately	Art. VII, Sec. 11
To break a tie in presidential election	Majority of All, voting separately	Art. VII, Sec. 4
Revocation of Proc. of Martial Law/ Suspension of Priv. of Writ of Habeas Corpus	Majority of All, voting jointly	Art. VII, Sec. 18
Extension of Proc. of ML/Suspension. of Priv. of WHC	Majority of All, voting jointly	Art. VII, Sec. 18
To Concur w/ President in granting amnesty	Majority of All	Art. VII, Sec. 19

Instances when Congress is Voting Separately

Determining the winning candidate for President or Vice President in case two or more candidates have an equal and highest number of votes (PHIL. CONST., art. VII, § 4.)
Determine President’s disability (PHIL. CONST., art. VII, § 11.)
Declaring existence of a state of war in joint session (PHIL. CONST., art. VI, § 23(1).)
Confirming the President’s nomination of a Vice-President from Congress whenever there is a vacancy in the Office of the Vice President (PHIL. CONST., art. VII, § 9.)
Proposing Constitutional amendments (PHIL. CONST., art. XVII, § 1.)

Authorities

1987 Constitution, Art. VI, Sec. 16
1987 Constitution, Art. VII, Sec. 21
1987 Constitution, Sec. 11
1987 Constitution, Sec. 16
1987 Constitution, Sec. 18
1987 Constitution, Sec. 19
1987 Constitution, Sec. 23
1987 Constitution, Sec. 27
1987 Constitution, Sec. 28
1987 Constitution, Sec. 3
1987 Constitution, Sec. 4
1987 Constitution, Sec. 9
Avelino v. Cuenco, G.R. No. L-2821, 4 March 1949