This Article explores the concept and extent of the power of expulsion granted to members of Congress as defined under Article VI, Section 16(3) of the 1987 Constitution. It closely examines the roots, historical practices, and evolution of this constitutional power—from the United Kingdom to the United States—and its transplantation and evolution in the Philippines. From there, it identifies the parameters governing the proper application of the provision: (1) there is no specific limitation on the grounds that may be invoked for expulsion; (2) the only procedural limitation is the voting threshold, i.e., a two-thirds majority of all members of the House of Representatives; and (3) the exercise of the power of expulsion remains subject to judicial review by the Supreme Court.
With this, the Article posits that although there have been previous cases of expulsion with former Representatives Romeo Jalosjos and Ruben Ecleo Jr., the expulsion of Arnolfo Teves Jr. should be qualified as the Philippines’ first proper case of expulsion as it complies with the constitutional voting requirement—subject only to future challenge through judicial review by the Supreme Court.