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Vinzonschato v comelec gr no172131apr22007 q in

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Unformatted text preview: re not included. Q: What is the effect if there is no quorum? A: In the absence of quorum, each House may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as each House may provide. Note: The members of the Congress cannot compel absent members to attend sessions if the reason of absence is a legitimate one. The confinement of a Congressman charged with a non‐bailable offense (more than 6 years) is certainly authorized by law and has constitutional foundations (People v. Jalosjos, G.R. No. 132875‐76, February 3, 2000) b. MAJORITY VOTE Q: What does majority vote mean? A: Majority refers to more than half of the total or aggregate. Although the Constitution provides that the Speaker and the Senate President shall be elected by a majority of all members, the Constitution does not provide that those who will not vote for the winner (by majority vote) are ipso facto the minority who can elect the minority leader. Majority votes pertain only to such number or quantity as may be required to elect an aspirant as such. There is no indication that by such election, the houses are already divided into the majority camp and the minority camp. Majority vote refers to the political party with the most number of backings; refer to the party, faction or organization with the most number of votes but not necessarily more than one half (plurality). (Santiago v. Guingona, G.R. No. 134577, November 18, 1998) Q: Can the courts intervene in the implementation of the internal rules of Congress? A: No. As part of their inherent power, Congress can determine their own rules. Hence, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress (Osmeña v. Pendatun, G.R. No L‐17144, October 28, 1960) Note: Corollary to Congress’ power to make rules is the power to ignore the same rules when circumstances so require. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEA...
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