IBP On June 3 Senate Quorum: Lawful, Valid

The Integrated Bar of the Philippines (IBP) declared on Thursday, June 4, that the quorum of 12 senators that reconstituted the Senate and elected Sen. Sherwin Gatchalian as president pro tempore and acting Senate president was “lawful and valid.”

In a statement, the IBP cited Article 6, Section 16 (2) of the 1987 Constitution and the case of Avelino versus Cuenco in 1949 in affirming the reconstitution of the Senate on Wednesday, June 3.

Former Senate presidents Franklin Drilon and Aquilino Pimentel III threw their support behind the 12-member majority led by Gatchalian, saying the recent coup against Sen. Alan Peter Cayetano is valid and enjoys the presumption of regularity.

According to the IBP, the provision of the 1987 Constitution about quorum and attendance of lawmakers carried the similar text from the 1935 Constitution, particularly Article 6, Section 10 (2), which states: “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.”

The IBP also cited the Supreme Court ruling on Avelino versus Cuenco that said, “When the Constitution declared that a majority of ‘each House’ shall constitute a quorum, ‘the House’ does not mean ‘all’ the members. Even a majority of all the members constitute ‘the House.’ There is a difference between a majority of ‘all the members of the House’ and a majority of the House, the latter requiring less number than the first. Therefore an absolute majority (12) of all the members of the Senate less one (23), constitutes constitutional majority of the Senate for the purpose of a quorum.”

The ruling recognized that the election of the Senate President was “essentially one that depends exclusively upon the will of the majority of the senators, the rule of the Senate about tenure of the President of that body being amendable at any time by that majority.

“And at any session hereafter held with 13 or more senators, in order to avoid all controversy arising from the divergence of opinion here about quorum and for the benefit of all concerned, the said 12 senators who approved the resolutions herein involved could ratify all their acts and thereby place them beyond the shadow of a doubt,” the SC ruling read.

In issuing the 1949 resolution, the SC through a majority vote dismissed the quo warranto petition filed by ousted Senate president Jose Avelino that sought to remove Mariano Cuenco who replaced him.

Only 23 out of the 24 senators were in the Philippines as Tomas Confesor was in the United States. It was further reduced to 22 with the hospitalization of Vicente Sotto Sr.

Ten senators that made up the Avelino bloc walked out of the plenary session after Lorenzo Tañada insisted on delivering a privilege speech on proposing charges against Avelino for corruption.

The speech proceeded only after Cuenco was elected Senate president through a quorum of 12 senators.

“The Avelino ruling emphasizes a practical approach: the Constitution should be interpreted in a way that allows the Senate to function, and not be blocked by the absence of Members who cannot realistically be made to attend,” the IBP said.

At present, Sen. Ronald dela Rosa is missing as he is being hunted down through an arrest warrant from the International Criminal Court, while Sen. Jinggoy Estrada was put to detention as he is facing plunder and graft charges linked to his alleged involvement in the flood control scandal.

Drilon and Pimentel said Cayetano could challenge the reorganization before the Supreme Court.

Drilon also cited the Avelino versus Cuenco ruling, when the Senate was also split 12-11.

“In our system, there is a presumption of legality. The acts of government officials are presumed to be valid until otherwise declared by the Supreme Court,” Drilon said on Wednesday, as he noted that the new majority operated within constitutional bounds when it ousted Cayetano’s allies from committee chairmanships.

“The 12 senators constituted a quorum under Avelino versus Cuenco and declared all positions vacant,” Drilon said.

He clarified, though, that while 12 votes are enough to vacate posts, the Constitution strictly requires a 13-vote absolute majority to elect a new Senate president.

The Gatchalian bloc navigated this limitation by bypassing a direct vote for the Senate presidency and instead electing Gatchalian as the second-in-command.

“With Win Gatchalian being the duly elected Senate President pro tempore, he became acting Senate president when the position of Senate president was declared vacant,” Drilon said.

“There is a presumption of regularity in what happened today. Until it is voided by the Supreme Court, it enjoys that presumption,” he added.

Describing Thursday’s Blue Ribbon inquiry into the flood control mess as grandstanding, the bloc of acting Gatchalian criticized the group of Cayetano, saying the hearing was bogus.

The new majority accused Cayetano’s bloc of staging an unofficial gathering to cling to power, while intimidating Senate staff who refused to cooperate.

“As pointed out by Acting Senate President Sherwin Gatchalian earlier today, there are no official Senate hearings scheduled for this morning, and that any so-called ‘hearing’ convened by Senators Alan Peter Cayetano, Pia Cayetano, Robin Padilla, Imee Marcos and Rodante Marcoleta has no basis in the rules, calendar or authority of the Senate,” the majority statement read.

The group slammed the opposition lawmakers for boycotting legitimate floor proceedings only to hold their own unsanctioned panel.

“They have refused to attend legitimately called sessions. Now, they are grandstanding in an unofficial and unauthorized gathering,” Gatchalian’s bloc stated, calling the move a “naked grab for power dressed up as inquiry and oversight.”

They raised alarm over reports that the minority faction is pressuring the chamber’s permanent bureaucratic staff to support their rogue operations.

“These are civil servants who are simply trying to do their jobs in accordance with the law and the duly constituted leadership of the Senate,” they said.

The new leadership urged the minority to dismantle their unrecognized session, respect the chamber’s reconfigured quorum and return to legislative duties.

“Instead of participating in regular sessions, working on laws that lower prices, create jobs, and protect farmers, workers and vulnerable families, they have chosen to waste public funds and public time to advance their own political agenda,” the statement concluded.

On Wednesday, protesters clashed outside the Senate premises as the Blue Ribbon committee hearing of Cayetano’s faction pushed through.

In Negros Occidental, Rep. Julio Ledesma IV called Cayetano “a disgrace to the Senate” as he vowed to seek declarations of persona non grata against him from local government units in the province’s first district. – With Neil Jayson Servallos, EJ Macababbad, Gilbert Bayoran