Practice question
Congress considers declaring the existence of a state of war. Assume a hypothetical full membership of 300 Representatives and twenty-four Senators, with no vacancies or exclusions. Both Houses assemble in joint session, but votes are tallied separately: 250 Representatives and fifteen Senators vote in favor. Which answer correctly applies Article VI, Section 23(1)?
- The declaration succeeds because the total affirmative votes exceed two-thirds of the combined membership.
- The declaration fails because joint assembly does not eliminate separate voting, and the Senate has not reached its sixteen-vote two-thirds threshold.
- The declaration succeeds because any majority of Senators is sufficient.
- The declaration fails because every Representative must concur.
- The declaration succeeds automatically upon joint assembly without any voting.
Legal references
- 1987 Constitution, Article VI, Sections 16, 23(1) and 27(1): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Section 23(1).
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