Suspension of legislators

Of PDAF and other matters

The rule on the discipline of members of Congress is found in Article VI, Section 16(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.”

Inherent in any legislative body is its power of internal regulation and discipline. As Justice Joseph Story said, “If the power did not exist, it would be utterly impracticable to transact the business of the nation, either at all, or at least with decency, deliberation, and order. The humblest assembly of men is understood to possess this power; and it would be absurd to deprive the councils of the nation of a like authority.”

What stands out from the jurisprudence on the subject is that, except for some limitations of detail found in the Constitution itself, there is a clear recognition of the overall autonomy of the legislative body both in the formulation and in the application of its rules. 

On the question whether a legislator’s action constitutes disorderly behavior, jurisprudence says “that the House is the judge of what constitutes disorderly behavior… The theory of separation of powers, fastidiously observed by this Court, demands in such situation a prudent refusal to interfere.”

On the question of whether a legislator under investigation should voluntarily go on leave, that is for the individual legislator to decide. We should also keep in mind that, like every person, legislators have the constitutional right to be presumed innocent until guilt is proven.

source:  Philippine Daily Inquirer's Column of Fr Joaquin Bernas SJ