Solid Bloc 12: Alan Peter Cayetano ousted as Senate President

Senator Alan Peter Cayetano is no longer Senate President, a statement from the "new majority" said Wednesday.

"For clarity, Sen. Alan Peter Cayetano is no longer Senate President after the Senate, with 12 senators present and a quorum declared based on the recognized base number of 22 under Avelino v. Cuenco, voted to declare all positions vacant, including the presidency of the institution," the 12-member majority senators said in a joint statement.

"Hindi pa lamang naihahalal si Senator Win Gatchalian bilang bagong Senate President dahil kailangan pa ng 13 boto sa ilalim ng Konstitusyon. Pero ito ang malinaw at mahalaga ngayon: bakante na ang lahat ng posisyon, tapos na ang dating liderato at dapat magpatuloy ang trabaho ng Senado para sa taumbayan," they added.

(Senator [Sherwin Gatchalian] cannot be elected as Senate President because 13 votes are needed under the Constitution. But one thing is clear, all posts are vacant, the previous leadership has ended and work in the Senate should resume for the people.)

The 12 senators are:

Senate President Pro-tempore Sherwin Gatchalian and Senators Vicente Sotto III, Juan Miguel Zubiri, Francis Pangilinan, Francis Escudero, Bam Aquino, Lito Lapid, brothers Erwin and Raffy Tulfo, Risa Hontiveros, Panfilo Lacson and JV Ejercito.

Gatchalian was named acting Senate President.

The Senate earlier failed to convene for the last two session days due to the continued absence of the Cayetano-led bloc. However, Escudero made a surprise appearance at the plenary, helping the majority to reach a quorum. He was the sole member of the previous majority bloc bloc to attend the session.

Citing the Supreme Court (SC) jurisprudence on Avelino vs. Cuenco, the new majority bloc said they had a quorum with 12 members present.

"We're very fortunate that one of the members of the majority before—Senator Chiz Escudero—do not conform and believe in what they are fighting for," Erwin Tulfo told reporters at a media briefing.

"Hindi siya naniniwala because he believes na ang kanilang pinaglalaban ay mali; na ang kanilang pagbo-boycott para ipagtanggol ang ilan sa kasamahan," he said.

Tulfo previously said Cayetano will remain as Senate President, but later issued a clarification: "This is to clarify that due to the course of events leading to the formation of the new Senate Majority, the Senate Presidency is deemed vacant".

Under the law, Tulfo said senators needed 13 votes to elect a new Senate President.

"Actually, vacant 'yung Senate President. I mean, because may acting na tayo, diba? There's an acting President. Si Senator Win, in his capacity as Pro Tempore, until a new Senate President is elected," Tulfo said.

"The only way that we can elect is we will have 13. Otherwise, we cannot elect a new Senate President," he added.

'Illegal coup'

Cayetano, in a Facebook live, rejected Gatchalian's installation as an “illegal coup d’etat” after the chamber reconvened with 12 senators present. He maintained that 13 senators are needed to flip the leadership in the Senate.

"Ang tingin ba ng 12 senador ay basta kakampi mo ang Malacañang ay wala nang batas? Kung titingnan ng Rule 1 and 2 ng Senado, na ayon ito sa Philippine Constitution, para i-elect ang Senate President at Senate President [Pro] Tempore ay kailangan 13. So paano po nila aalisin si Senator Loren Legarda kung 12 lang sila?" he said in a Facebook Live.

(Do the 12 senators think that just because Malacañang is on your side, there are no more laws? If you look at Rules 1 and 2 of the Senate, which are based on the Philippine Constitution, you need 13 [votes/senators] to elect the Senate President and Senate President Pro Tempore. So, how can they remove Senator Loren Legarda if there are only 12 of them?)

Cayetano also said the Senate Pro Tempore shall discharge the powers and duties of the President in the "event of the resignation, removal, death or absolute incapacity of the President". However, Senate Rule 4, Section 4, also stated the Senate President Pro Tempore may discharge the power of the President "when the President is absent for one or more days".

Escudero

Also during the media briefing, Tulfo said Escudero initially aired intent to attend the session on Tuesday.

However, he did not appear and explained that he consulted his family and friends first before making a decision.

"Kaninang morning he said he will attend but we did not expect it kasi kahapon said he'll come, but he did not. So, kanina, we were surprised when he joined us, when he arrived," said Tulfo.

(He said this morning he would attend but we did not expect because he skipped the session yesterday. We were surprised when he joined us.)

"He was enlightened. I mean, kaya nga po, niyakap namin kanina, we were surprised because Senator Migz was already, we asked Senator Migz kanina, mayroon bang ika nga kapalit, may sinasabi sa akin, wala naman," he added.

(He was enlightened. I mean, that's why we hugged him. We were surprised because Senator Migz was already, we asked Senator Migz if there was something in exchange for Escudero's decision. He said there was none.)\

Meanwhile, Tulfo also called on other members of the new minority bloc to join the majority senators.

"I still urge, we're still open dun po sa mga members po ng majority, please join us. We will accept you with open arms. Let's work together for the nation, not for ourselves, not for the political parties, not for certain individuals, but for the entire country. Let's work together. We will accept you. We will embrace you," he added.

Not a political contest

For his part, Escudero said he was not taking sides, but was taking a stand for the Senate.

"My allegiance is not to any faction, personality, group or alliance. This is not about loyalty, betrayal, or choosing one group over the other—this is about duty," Escudero said in a statement.

He said that the impasse is "untenable and unacceptable."

"Hindi ito usaping pampulitika. Wala akong sinasamahan o iniiwanang grupo, pangkat o paksyon. Hindi ko sinasabi na may mali o tama o may nagkulang o nagmalabis kaninuman," he said.

(This is not a political matter. I am not siding with or abandoning any group, faction, or bloc. I am not saying that anyone is right or wrong, or that anyone fell short or went too far.)

"Ngunit hindi pwedeng manatili tayo sa ganitong sitwasyon. Ang naaapektuhan na ay ang mismong kakayahan ng Senado na gampanan ang kaniyang tungkulin sa bayan,” he added.

(But we cannot remain in this situation. What is being affected now is the very ability of the Senate to fulfill its duty to the nation.)

Malacañang said it recognizes the leadership change in the Senate. — RSJ/ VDV, GMA News