Senator Appearance of Chiz Escudero in the Senate Wednesday’s session, June 3, sparked a row in the paralyzed upper house, causing a shake-up in his leadership.
On May 26, a minority led by Senator Tito Sotto he walked out of the parliamentary session to avoid creating a quorum when debating the online voting law supported by the majority led by the Senate President. Alan Peter Cayetano.
In turn, the majority skipped the sessions on Monday, June 1, and Tuesday, June 2, to maintain the status quo, which is basically. provided the upper room inutile because the few themselves could not reach the quorum to do official business.
Escudero’s appearance on Wednesday allowed Sotto’s faction to reach the 12th quorum, elect Senator Win Gatchalian as Senate president pro tempore, and appoint new executive committee heads.
The legal basis for senators to say they had a quorum was a Supreme Court (SC) case from 1949.
1949 Senate drama
In 1949, a landmark decision by the Supreme Court (SC) was prompted by the actions of the then Senate president. Jose Avelino and his allies during the Senate session.
Avelino and his colleagues deliberately ignored the then senator Lorenzo Tañada to prevent him from making a biased speech against Avelino himself during the February 21, 1949 hearing.
Senator Pablo Angeles Davidone of Avelino’s allies, asked for the session to be adjourned even before Tañada gave his speech. After a while, Avelino shouted and left the session hall with his allies, while the other senators remained.
A total of 10 senators left, while 12 remained. The then Senator Tomas Confesor was in the United States, while Senator Vicente Sotto (father of the current Senator Sotto) was sick and hospitalized.
The then President of the Senate pro tempore Melencio Arranz he continued the session after being encouraged to do so by the remaining 12 senators. Then he proposed to the then senator Mariano Cuenco lead the session. Current senators voted unanimously on Arranz’s proposal.
Tañada was able to deliver his privilege speech during this session. Later, the senator Improve Health introduced Senate Resolution no. 67, which sought to declare the Senate presidency vacant and appoint Cuenco as Senate president.
The 12 senators present unanimously approved the motion. Cuenco took his oath as the 4th president of the Senate. Then-President Elpidio Quirino recognized Cuenco as acting president of the Senate on February 22.
Doctrine of Avelino
Avelino went to the SC to file a petition for quo warranto (legal action that can remove an official from his post) against Cuenco. He wanted the Supreme Court to declare him as the legitimate president of the Senate and remove Cuenco from the post.
The Avelino v. The 1949 bowl trial then he answered two important questions:
- Was the quorum of 12 senators valid?
- Were the actions taken by this quorum of 12 senators legal too?
Previously, the SC ruled that it did not have the power to decide on matters concerning the leadership of the Senate, citing the separation of executive, legislative and judicial powers. The Supreme Court said the court cannot interfere with the Senate’s constitutional authority to elect its president.
However, the SC later decided – in a motion for reconsideration – that it assumed jurisdiction or jurisdiction over the case because of subsequent events that justified its intervention. The Supreme Court also declared that the quorum of 12 was valid, therefore, the election of Cuenco as acting president of the Senate was also valid.
In that decision, the SC explained that the judges were unanimous in believing that the session chaired by Arranz was a continuation of the morning session chaired by Avelino. The court said the departure of the 10 senators cannot prevent the other 12 senators from passing the resolution.
Article VI, Section 16(2) of the 1987 Constitution states that “a majority of each House shall constitute a quorum to transact business.”
The SC said 12 senators is a majority of the Senate of 23 senators (only Confesor was not included, Sotto was still counted). It explained that the words “majority of each Parliament” does not mean “all members”. It cited the Missouri Pac. against The case of Kansas, which said that even a majority of all the members constitute the “House.”
“There are differences between many of the ‘Houses.’ The latter requires a smaller number than the former. Therefore a full majority (12) of all the members of the Senate less than one (23), constitutes the constitutional majority of the Senate for the purpose of quorum,” said the SC.
Citing the opinion of then judge Guillermo Pablo, the SC said that even if the remaining 12 did not form a quorum, they could order the arrest of one of the 10 who came out so that there would be a quorum, and Cuenco would still be elected.
The legal basis for arrest can also be found in Article VI, Section 16(2), which states that the legislative branch “may compel the attendance of absent members in such manner, and under such penalties, as the Legislature shall provide.”
Gatchalian elections, legal acts
As in Cuenco’s case, Malacañang also accepted Gatchalian’s election. “What happened in the Senate this afternoon is according to the law and the law. The White House recognizes and respects the decision of the new majority and the leadership of acting Senate President Sherwin Gatchalian.,” White House Information Officer Claire Castro said.
(What happened in the Senate this afternoon was in accordance with the rules and regulations of the law. The White House recognizes and respects the decision of the new majority and the leadership of acting Senate President Sherwin Gatchalian.)
Avelino’s teaching became the basis for the Sotto-led minority to elect Gatchalian as Senate president pro tempore and to appoint new heads of Senate committees.
Alone, neither the majority of the 11 members of the Senate led by Cayetano, nor the minority of the 11 Senate led by Sotto can reach a quorum.
Suspect of the International Criminal Court Senator Bato dela Rosa he is in hiding, while the Senator Jinggoy Estrada he is being held at the New Quezon City Jail in Payatas for his crimes cases of looting and corruption which is based on allegations of flood control corruption. Only 22 senators are within the mandatory power of the Senate to compel the attendance of its members.
Important, of course, was the appearance of Escudero.
But still, this quorum of 12 – although it was valid and powerful – was not enough to make the gentleman from Valenzuela City the new president of the Senate.
“Article VI, Section 16(1) states that the Senate shall elect its Senate president from among its members,” University of the Philippines College of Law dean and constitutional law professor Paolo Tamase said.
The words “majority of votes of all its respective members” (in electing the president of the Senate) and “majority of each House” (in reaching a quorum) are different. The majority of all senators is still 13, not 12, when the election of the Senate president is concerned.
“The only reason we could not elect the president of the Senate is because 13 votes are needed. So, we elected a president pro tempore, which legally we can. (He) then automatically becomes the acting president of the Senate. We will elect one as soon as we get 13 to vote,” Sotto told Rappler.
Meanwhile, Cayetano can question the actions taken by the 12th quorum all he wants, but as far as Tamase is concerned, the senators’ actions on June 3 are all valid under the Avelino doctrine.
“We have to remember that despite the traditional authority and respect given to the president of the Senate, he is only one of the 24 members. And the authority of the Senate belongs to the Senate in general session, not to a particular person,” Tamase explained.
“Insofar as it refers to the reorganization of the Senate, as well as their official actions for today, then I think that despite the ambiguity and the laws that may be applied, the balance supports the validity of the actions of Senator Gatchalian as the acting president of the Senate, or presiding officer,” he added. – Rappler.com
