SC ruling affirms validity of 12-senator quorum, says law expert

The election of new Senate officers by 12 senators on Wednesday was valid under existing jurisprudence, a law expert said, pointing to the Supreme Court's ruling in Avelino v. Cuenco.

San Beda University Graduate School of Law dean Fr. Ranhilio Aquino said the Senate came under "abnormal circumstances" when it failed to hold a session for two consecutive days on Monday and Tuesday due to the absence of the senators under the faction of Senate President Alan Peter Cayetano.

READ: What happened in 1949 Avelino v. Cuenco case on Senate leadership change?

"Twelve is a quorum -- under these abnormal circumstances -- and the election of a President Pro Tempore is INCOMPATIBLE with the claim of Cayetano to be President simultaneously!," Aquino said in a Facebook post.

"When twelve Senators manifest their support for a President Pro Tempore and Cayetano can count on only eleven -- including himself, of course (which, contrary to parliamentary practice where one never votes for himself as Senate President, is nevertheless characteristic of Cayetano), then they have made a political decision," he explained.

Aquino said that aside from the argument that Sen. Bato Dela Rosa, being in hiding, is "beyond the coercive reach of the Senate" to compel his attendance, "it can also be argued that his status as an accused before the International Criminal Court against whom a warrant of arrest has been issued renders him incapable of discharging the duties of office."

Aquino cited the part of the SC ruling that is most relevant to the current Senate case: "In fine, all four justices agree that the Court being confronted with the practical sitaution that of the twenty three senators who may participate in the Senate deliberations in the days immediately after this decision, twelve senators will support Senator Cuenco and, at most, eleven will side with Senator Avelineo, it would be most injudicious to declare the latter as the rightful President of the Senate, that office being essentially one that depends exclusively upon the will of the majority of the senators xxx."

On Wednesday, the 12 senators who convened the session, the former minority bloc, elected Sen. Sherwin Gatchalian as Senate President Pro Tempore and installed new chairpersons of several committees.

Senator Alan Peter Cayetano, however, insisted he remains the "legitimate, legal and moral" Senate President.

In a separate Facebook post, Sen. Pia Cayetano stood pat Wednesday's proceedings were invalid.

"12 is not 13. Alam ng Grade 1 student 'yan," she said.

She cited Article VI of the 1987 Philippine Constitution that states that, "The Senate shall be composed of twenty four senators."

Section 16 also states that, "A majority of each House shall constitute a quorum to do business."

"So today, when 12 senators convened and purportedly held session, how can that be valid?" she said.—LDF, GMA News