Case Digest (G.R. No. L-2821)
Facts:
Jose Avelino v. Mariano J. Cuenco, G.R. No. L-2821, March 04, 1949, the Supreme Court En Banc, Per Curiam. Petitioner Jose Avelino, then President of the Senate, filed a quo warranto petition asking the Court to declare him the rightful President of the Senate and to oust respondent Mariano J. Cuenco, who had been designated Acting President after a contested session on February 21, 1949.Antecedent events: on February 18, 1949 Senator Lorenzo M. Tanada announced he would use his privilege hour on February 21 to present charges against Senate President Avelino. On the morning of February 21 a resolution containing those charges was filed. Although a large number of senators were in the Senate building at 10:00 a.m., Avelino delayed opening the session until about 11:35 a.m., read the resolution aloud and conferred with his allies. During proceedings the roll call and the reading of the minutes were resisted and a motion to adjourn was moved; dissension and disturbances in the gallery followed.
The controversy culminated when Avelino banged the gavel, declared the session adjourned and left the chamber with nine supporters; twelve senators remained. Senate President Pro-Tempore Melecio Arranz took the chair, the remaining senators (the “Cuenco group”) continued the session, recognized Tanada and approved Resolution No. 68 (investigation of charges) and then Resolution No. 67, declaring the presidency vacant and designating Senator Cuenco Acting President; Cuenco took the oath and the President recognized him.
Proceedings below and path to the Court: Avelino brought a quo warranto in this Court challenging the legality of the adjournment, the validity of the rump session, the existence of a quorum, and Cuenco’s election. The Court received evidence to determine contested facts. By an initial resolution of March 4, 1949 the Court, by a vote of six to four, denied the petition (refusing to assume jurisdiction); several justices filed separate opinions. A motion for reconsideration followed. On March 14, 1949 the Court, by a majority ...(Pro-only)
Issues:
- Does the Supreme Court have jurisdiction to entertain this quo warranto action challenging the actions of the Senate and the election of its presiding officer?
- Were Resolutions No. 68 (investigation) and No. 67 (declaring the presidency vacant and designating Cuenco Acting President) validly approved — specifically, was Avelino’s adjournment legal and was there a constitutional quorum for the rump session and election?
- Should the petition be granted (i.e., should Avelino be dec...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)