Philippine Bar review · Question

Practice question: Discipline of Members

Multiple Choice Hard Jurisprudence

Practice question

All twenty-four Senate seats are occupied. Twenty Senators attend a disciplinary session, and assume all procedural requirements apart from the disputed vote are satisfied. Fifteen vote to suspend a Member for forty days; five oppose. The Senate President declares the motion carried because fifteen is more than two-thirds of those attending. The affected Member challenges only the concurrence. Which assessment is correct?
  1. The vote is sufficient because the denominator is twenty attendees.
  2. The vote is sufficient because forty days is below sixty.
  3. The vote is sufficient because a quorum can replace a supermajority.
  4. The vote is insufficient because every Senator must vote for suspension.
  5. The vote is insufficient because two-thirds of all twenty-four Members requires sixteen concurring votes.

Legal references

  • 1987 Constitution, Article VI, Section 16(1)–(3): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353

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