G.R. No. L-2821 - Avelino vs. Cuenco

On February 18, 1949, Senator Lorenzo M. Tanada reserved his privilege hour for the next session to formulate charges against Senate President Jose Avelino; his request was approved.
On the morning of February 21, Tanada and Senator Prospero Sanidad filed Resolution No. 68 with the Secretary of the Senate, prefacing serious charges against Avelino supported by alleged graft-related documentary evidence.

Although a quorum (22 senators) was present by 10:00 A.M., Avelino delayed the opening until about 11:35 A.M., read aloud the charges against him, and conferred privately with Senators Tirona and Francisco.
When finally opened, motions to dispense with roll call and with reading of the minutes—pursuant to established practice—were each opposed by Senators Tirona and David, in apparent concert to delay Tanada’s privilege speech.

Tanada repeatedly sought recognition to deliver his speech but was ignored; Avelino threatened to arrest any senator speaking without recognition while tolerating interruptions by his allies shouting “Out of order!”
A disorderly scene erupted in the gallery. Thereupon Senator David moved to adjourn; though opposed by Sanidad and Cuenco, Avelino banged the gavel, declared the session adjourned to February 24, 1949, and withdrew with nine allied senators.

Left with twelve senators (excluding Avelino’s ten), Senate President Pro Tempore Melecio Arranz convened a “continuation” of the session. He proposed and the body unanimously designated Mariano J. Cuenco as Acting President.
Tanada delivered his privilege speech; Resolution No. 68 (investigating Avelino) and Resolution No. 67 (declaring the presidency vacant and seating Cuenco) were each unanimously approved. The President of the Philippines recognized Cuenco the next day.

Avelino filed a petition in the Supreme Court (G.R. No. L-2821), seeking restoration as Senate President and ouster of Cuenco, raising primarily:

Lack of Court jurisdiction over purely political questions and separation-of-powers limits.
Alleged invalidity of Resolutions 68 and 67 for lack of proper adjournment and quorum.

Whether the Supreme Court may entertain a quo warranto petition challenging the internal proceedings of the Senate and the election of its presiding officer.

Whether the purported adjournment by Avelino was legal.
Whether the rump session of twelve senators constituted a lawful continuation with a constitutional quorum.

Whether the petition should be granted, restoring Avelino as Senate President and decreeing Cuenco’s ouster.