FACT CHECK: Mere orders of Marcos, Sara can’t expel Makabayan bloc from Congress

Claim: The Makabayan bloc – consisting of Kabataan, Anakbayan, and ACT Teachers party list – was removed from office upon the orders of Vice President Sara Duterte and President Ferdinand Marcos Jr. 

A YouTube video, whose title in Filipino translates to: “Just in, OMG! Congress was shocked, and could not believe the extreme order of VP Sara and Pres. Marcos” has additional Filipino text in its thumbnail. These translate to: “Removed from Congress” and “This is what the paid media don’t want to show.” Its thumbnail bears the images of the Makabayan bloc, Sara Duterte, and Marcos. 

Rating: FALSE

Why we fact-checked this: The post containing the claim has 126,000 views as of writing.

The facts: The executive and legislative branches are co-equal and independent of each other. A mere order from the president or the vice president cannot remove a member of Congress from his or her position.

What the Constitution says: Article VI, Section 16 of the Constitution says: it is the members of the House of Representative who may suspend or expel a representative.

The said provision states: “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.”

House’s rule: Section 143 of the House Rules also provides that they can suspend or expel a representative of Congress with the concurrence of two-thirds of their members, if the said member violates the House’s Code of Conduct. 

Penalty of a crime: Aside from this, members of Congress, along with other public officials may be removed from office and may be disqualified from holding office again if they commit crimes punishable under the Revised Penal Code. Removal and disqualification depends on the level of punishment associated with the crime committed.

No order mentioned: Sara Duterte’s statement addressing the Makabayan bloc posted on August 1, 2022 was the same statement featured in the video. 

She did not, however, issue any order, as falsely claimed. What she did say, is that it is time for the Makabayan bloc to stop “deceiving the public.” Duterte said they have fooled many Filipinos into joining their fight and being part of the New People’s Army (NPA) and Communist Party of the Philippines (CPP). She claimed that the Makabayan bloc is linked to the said groups – a claim which they have already denied. 

Claim debunked: The Makabayan bloc is also accredited by the Commission on Elections (Comelec) as a political coalition, and is registered under Republic Act 7941 or the Party-list System Act. The said law excludes groups that advocate “violence or unlawful means” in accomplishing their goal. – Ailla Dela Cruz/Rappler.com

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