Quorum explained: Why Senate can't act without enough members on the floor
MANILA, Philippines — Senate proceedings were abruptly adjourned on Tuesday night, May 26, after a dispute over quorum broke out during discussions on proposed rule changes, including a move to allow remote participation in sessions.
Tension escalated after members of the 11-member minority bloc walked out of the plenary hall, accusing the majority of trying to “railroad” amendments that would allow senators— including Sen. Ronald “Bato” dela Rosa and other detained lawmakers— to attend proceedings remotely.
At the time of the walkout, the majority bloc had only 12 members present, which is below the 13 needed to constitute a quorum in the 24-member chamber.
Sen. Vicente "Tito" Sotto III, a five-term senator and former Senate president, raised the issue, questioning whether the Senate could continue its work without the required number of senators.
Sen. Rodolfo Marcoleta attempted to challenge the position but Sotto insisted that the quorum is not subject to debate under Senate procedure.
Under the rules, only limited actions are allowed when there is no quorum, including adjournment, recess, or compelling the attendance of absent members.
After the lack of quorum was acknowledged, Sotto moved to adjourn the session, saying the motion cannot be debated.
When Marcoleta objected, Sotto reminded Presiding Officer Sen. Loren Legarda that a motion to adjourn is not open for discussion.
“Akala ko magaling sa rules,” Sotto said, in an apparent swipe at Marcoleta.
The session was eventually adjourned, with senators set to reconvene on June 1.
What is a quorum in the Senate?
A quorum is the minimum number of senators required for the Senate to officially conduct business, such as passing bills, holding hearings, or making formal decisions.
Under Article VI, Section 16(2) of the 1987 Philippine Constitution:
“A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.”
Since the Senate has 24 members, at least 13 senators are generally needed to form a quorum.
Without a quorum, the Senate cannot validly conduct official business.
However, a smaller number of senators may still adjourn the session from day to day or compel absent members to attend.
Why is quorum important?
Quorum ensures that decisions made by the Senate represent the participation of a majority of its members and are not decided by only a handful of lawmakers.
It also prevents one group from acting alone without enough representation from the chamber.
Can quorum change?
In some cases, the computation may be affected by vacancies, suspensions, or questions on whether certain senators are considered active members of the chamber.
For example, debates may arise if a senator is detained, suspended, or unable to physically attend sessions.
Can senators attend remotely?
The Senate amended its rules in 2020 to allow participation through teleconference or video conference during cases of “force majeure” or a national emergency, such as the COVID-19 pandemic.
Rule XIV, Section 41 of the Senate rules state that the Senate president “may convene and hold the session through teleconference, video conference, or other reliable forms of remote or electronic means, using appropriate information and communications technology systems, due to force majeure or the occurrence of a national emergency as determined by the majority of all the members of the Senate which may prevent the convening of the Senate or the physical presence of its members in the session hall.”
However, remote participation has also sparked political debate.
In 2019, then-Sen. Ramon “Bong” Revilla Jr., who was detained over plunder charges, opposed a proposal allowing then-Sen. Leila de Lima to join Senate proceedings via teleconferencing, calling it “special treatment” and arguing it lacked a clear basis in Senate rules.
The proposal was supported by some senators who argued that an elected senator should still be able to fulfill duties even while detained, especially with available technology.
However, the proposal was not approved and De Lima was not allowed to join Senate plenary sessions through teleconference.
Under current rules, remote participation remains an exception and is subject to strict conditions, including a determination that physical attendance is not possible due to force majeure or national emergency.
What happens if there is no quorum?
If the Senate lacks a quorum:
- bills cannot be approved,
- official proceedings may be suspended,
- and sessions may be adjourned.
The chamber may also direct the Sergeant-at-Arms to compel absent senators to attend.
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