5. Discipline of Members

DISCIPLINE OF MEMBERS

Each House of Congress may set its rules of proceedings and punish its Members for disorderly behavior. With the concurrence of two-thirds of all its Members, it may suspend or expel a Member. A suspension imposed under this provision may not exceed sixty days [Section 16(3), Article VI, 1987 Constitution].

Other disciplinary measures listed are:

• Deletion of unparliamentary remarks from the record
• A fine
• Imprisonment
• Censure

Suspension under the Constitution is punitive, while suspension under the Anti-Graft and Corrupt Practices Act (R.A. No. 3019) is preventive [Defensor-Santiago v. Sandiganbayan, G.R. No. 118364 (1995)].

The courts respect Congress’s determination in disciplining its Members. In Alejandrino v. Quezon, the Court addressed the limits of judicial relief concerning a senator’s suspension and recognized judicial authority to examine alleged constitutional violations [Alejandrino v. Quezon, G.R. No. 22041 (1924)].

A Member’s immunity for speech does not prevent Congress from disciplining that Member [Osmeña v. Pendatun, G.R. No. L-17144 (1960)].

Suspension v. Expulsion

• Suspension - shall not exceed 60 days, with the concurrence of 2/3 of all its members.
• Expulsion - concurrence of 2/3 of all its members.

Nature of Disciplining Authority

Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of 2/3 of all its members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed 60 days. (PHIL. CONST., art. VI, § 16(3).)

Each House generally determines what constitutes disorderly conduct by its Members, and courts do not substitute their judgment on that question. Judicial review remains available to determine whether legislative action exceeds constitutional limits or violates protected rights (Osmeña v. Pendatun, G.R. No. L-17144, Oct. 28, 1960).

The parliamentary immunity of members of Congress is not absolute. While parliamentary immunity guarantees the legislator complete freedom of expression without fear of being made responsible before the courts or any other forum outside of Congressional Hall, it does NOT protect him (her) from responsibility before the legislative body itself whenever words and conduct are considered disorderly or unbecoming a member thereof.

For unparliamentary conduct, members of Congress can be:

• censured,
• committed to prison,
• suspended, and
• even expelled by the votes of their colleagues (Osmeña v. Pendatun, G.R. No. L-17144, Oct. 28, 1960).