Political Law and Public International Law > IX. Legislative Department > E. Quorum and Voting Majorities

1. Quorum:

A quorum refers to the minimum number of members of a deliberative body, such as a legislative assembly, required to be present in order to legally transact business or pass legislation. Under the 1987 Philippine Constitution, the rules regarding quorum in legislative bodies are outlined in Article VI.

Article VI, Section 16(2):
- It provides that a quorum in either House of Congress (the Senate or the House of Representatives) shall consist of a majority of each House’s members.
- Specifically:
  - The Senate: A majority of all its members (24 members in total) is required to form a quorum. This means at least 13 members must be present.
  - The House of Representatives: A majority of all its members (depending on the current composition, but often around 152-155 members) is required to form a quorum.

Without a quorum, the legislative body cannot conduct its business. However, members who are present, even in the absence of a quorum, are allowed to:

Call the attention of the presiding officer to the lack of a quorum.
Compel the attendance of absent members.

2. Voting Majorities:

Different voting majorities are required in Congress depending on the nature of the matter being voted upon. The Philippine Constitution mandates specific thresholds based on the importance of the action to be taken. These are:

a. Simple Majority:

A simple majority refers to a vote of more than half of the members present during a quorum. It is the most basic threshold for passing general legislation.

Article VI, Section 16(2):
- A simple majority of members present, constituting a quorum, is typically required for ordinary legislation and motions, such as:
  - Passing a bill (general legislation).
  - Approval of resolutions.
- For instance, if 20 Senators are present during a session, a vote of at least 11 Senators is needed to pass a bill.
- In the House of Representatives, assuming a quorum of 152 members is present, a simple majority would require at least 77 affirmative votes.

b. Absolute Majority (Majority of All Members):

An absolute majority requires the vote of more than half of all members of a particular House of Congress, not just those present during the session.

It is required in some cases, such as:
- Expulsion of a member (Article VI, Section 16[3]): A member of Congress may be expelled with the concurrence of two-thirds of all its members. This means 16 Senators or around 200 House members.
- Override of a Presidential Veto (Article VI, Section 27[1]): To override the President's veto, Congress needs a two-thirds vote of all its members. This means 16 Senators and two-thirds of all members of the House.

c. Special Majorities:

Two-thirds Majority: Certain critical actions require a two-thirds vote of the total membership of either or both Houses of Congress. These include:
- Declaration of the existence of a state of war (Article VI, Section 23[1]):
  - Both Houses of Congress, voting separately, need a two-thirds majority of all members to declare the existence of a state of war.
  - This would mean 16 votes in the Senate and approximately 203 votes in the House of Representatives.
- Amending or revising the Constitution (Article XVII, Section 1):
  - Congress may propose amendments to or revisions of the Constitution upon a vote of three-fourths of all its members.
  - In this case, a total of 18 Senators and 228 Representatives would be required for such a measure to pass.
Three-fourths Majority:
- Grant of emergency powers to the President (Article VI, Section 23[2]):
  - In times of national emergency, Congress may, by law, authorize the President to exercise powers necessary to carry out a national policy. This requires a three-fourths vote of all members of both Houses.
Impeachment Proceedings (Article XI, Section 3):
- Initiation of Impeachment (One-third of House Members):
  - A verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution of endorsement by any member thereof. It must be supported by at least one-third of all members of the House to proceed to trial in the Senate.
- Conviction by the Senate (Two-thirds Majority):
  - Conviction requires a vote of at least two-thirds of all the members of the Senate sitting as an impeachment court. This means at least 16 Senators must vote in favor of conviction.

d. Plurality Vote:

In the election of the Speaker of the House of Representatives and the Senate President, a plurality vote is typically applied. This means the candidate who garners the highest number of votes among those present wins, even if they do not obtain an absolute majority.

3. Key Points:

Effect of Lack of Quorum: No business can be transacted without a quorum, except to adjourn from day to day or to compel the attendance of absent members (Article VI, Section 16[2]).
Attendance during Sessions: Members of Congress are constitutionally required to attend all its sessions unless they are excused or are on official mission (Article VI, Section 16[2]).
Participation in Voting: Each member of either House shall cast their vote on every question put to a vote unless disqualified by a legal reason. Failure to vote may subject a member to disciplinary measures.

Summary

The Constitution provides specific guidelines for quorum and voting majorities in both Houses of Congress. A quorum, or majority of all members, is necessary for any legislative action. Simple majority, absolute majority, two-thirds, and three-fourths majorities are used depending on the significance of the legislative action. Special thresholds exist for constitutional amendments, declarations of war, impeachment, and emergency powers for the President, reflecting the critical importance of these decisions.

This structure ensures that Congress operates with sufficient participation and reflects democratic principles while safeguarding the integrity of important decisions by requiring more than simple majority in special cases.