Alan Peter Cayetano to Palace: Get 13 senators, call special session

Senator Alan Peter Cayetano advised Malacañang Thursday to wait for a 13th senator to join what he called “11 plus 1” and call for a special session of Congress, to settle the leadership issue in the Senate.

Cayetano, who still claims to be the Senate President, said he is willing to step down from his post if doing so would resolve the situation and ensure compliance with the 1987 Constitution.

"So Malacañang, iyon lang advice ko sa inyo, hintayin ninyo na makatrese, tawagin ninyo special session. Puwede siguro tayo magpahiram ng isa para makatrese na sila," Cayetano said during a Senate hearing on the flood control issue.

(So Malacañang, that is my advice to you: wait until they reach 13, call a special session. Perhaps we can lend them one senator so they can reach 13.)

Cayetano issued his remarks amid reports that President Ferdinand Marcos Jr. is inclined to call a special session should Senator Sherwin Gatchalian request for one.

"The news ngayon, Mr. Chairman, is that the President will call a special session. That's good," Cayetano told Senator Rodante Marcoleta, who was presiding over the hearing at the time.

Cayetano said he is prepared to relinquish his post if it would help break the impasse and allow the chamber to comply with constitutional requirements.

"Kumuha kayo ng isa pang senador para sa special session. (Bababa) ako bilang Senate President para wala tayong problema pare-pareho pero para masunod ang Constitution," he said.

(Get one more senator for the special session. I'll step down as Senate President so there will be no problem for everyone and so the Constitution can be followed.)

Under the 1987 Constitution, a vote of 13 senators is needed to elect a Senate President.

Cayetano added that he would step down immediately if circumstances allowed.

"Kung puwede lang bumaba ako today, gusto ko na bumaba today as Senate President," he said.

(If I could step down today, I would want to step down today as Senate President.)

However, he noted that the Senate has yet to elect a successor.

Cayetano lamented what he described as a situation in which the chamber could not fully comply with legal requirements.

"I hate the fact that we're in a situation that we cannot follow the law," he said.

'No violation'

Malacañang, meanwhile, maintained that no law was violated following the change in leadership at the Senate on Wednesday.

“Wala tayong nilalabag na anumang probisyon ng Konstitusyon. Maliwanag naman, 'di ba, nakalagay sa Konstitusyon: The Senate shall elect the Senate President by the vote of a majority of all the members,” Palace Press Officer Undersecretary Claire Castro said in an interview on Thursday.

(No provision of the Constitution was violated. It was clear, right? The Constitution states: The Senate shall elect the Senate President by the vote of a majority of all the members.)

“May in-elect ba na Senate President? Di ba wala. Pero nung nagkaroon ng quorum, pwede silang gumawa ng transaksyon at legal ang pag-deklara na bakante lahat ang…elected Senate positions,” she added.

(Was there a Senate President elected? There was none. But when they had a quorum, they could make a transaction and it was legal to declare all the elected Senate positions vacant.)

Castro also cited the case of Avelino v. Cuenco, where the Supreme Court (SC) found that an absolute majority of 12 out of 23 members could constitute a constitutional majority for quorum purposes.

“Wala namang naging pagtutol dito. Wala namang ginawa na aksyon na sinampa sa Korte Suprema. So ‘yan ang nasusunod na jurisprudence sa ngayon,” she said.

(There was no objection to this. No action was filed with the Supreme Court. So that is the jurisprudence being followed today.)

Malacañang earlier said it recognized the leadership change in the Senate, namely the installation of Gatchalian as the new acting Senate President.

Senate personnel

Meanwhile, Cayetano said the Senate staff and personnel should pray and reflect following the shakeup in the Senate’s leadership on Wednesday.

“Here today, who is the legitimate Senate President? Because hindi ito away ng dalawang barkada. Ang lahat ng empleyado natin dito will have to decide on Monday,” he said.

(Here today, who is the legitimate Senate President? Because this is not just a quarrel between two groups of friends. All of our employees here will have to decide on Monday.)

“Do we follow the Philippine Constitution or the Constitution of the 11 plus one Do we follow the Senate rules or do we follow the rules of the 11 plus one,” he added. — RSJ, GMA News