Case Summary (G.R. No. L-2821)
Rump Session and Resolutions
Twelve senators remained. President Pro-Tempore Arranz ordered a roll call, declared quorum, and ceded the chair to Cuenco. Tanada delivered his privilege speech; Resolution No. 68 was unanimously approved. Thereafter, Resolution No. 67 declared the presidency vacant and named Cuenco Acting President. Cuenco took oath and was recognized by the Chief Executive.
Issues Presented
- Does the Supreme Court have jurisdiction to adjudicate this intra-Senate leadership dispute?
- If jurisdiction lies, were Resolutions 68 and 67 validly adopted under constitutional quorum requirements?
- Should the quo warranto petition succeed?
Majority’s Jurisdiction Analysis
A six-justice majority declined to intervene, deeming the dispute political and internal to the Senate’s power to choose its presiding officer. Citing separation of powers and precedents (Alejandrino v. Quezon; Vera v. Avelino; Mabanag v. Lopez Vito), the majority held that senators dissatisfied with their leadership must seek remedy on the Senate floor, not in court.
Dissenting Justices on Jurisdiction
Chief Justice Moran and Justices Perfecto, Briones, and Tuason argued that the deadlock threatened legislative functioning and public order, imperatively calling for judicial intervention. They viewed the question of valid quorum as a justiciable constitutional issue.
Quorum Requirement under the 1935 Constitution
Article VI Sec. 10 provides that “a majority of each House shall constitute a quorum to do business.” Four justices assumed jurisdiction arising from subsequent events and held that with one senator absent abroad, the Senate’s active members
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Facts
- In the Senate session of February 18, 1949, Sen. Lorenzo M. Tanada reserved his right to speak on February 21 to formulate charges against Senate President José Avelino.
- On February 21, Tanada and Prospero Sanidad filed with the Secretary of the Senate Resolution No. 68, detailing serious charges against President Avelino.
- Although twenty-two senators were present by the scheduled 10 a.m. call, Avelino delayed opening the session until about 11:35 a.m., reading the resolution in full and conferring with Senators Francisco and Tirona.
- When the session was finally convened, Sen. Sanidad moved to dispense with the roll call; Sen. Tirona opposed. A roll call then showed twenty-two senators present.
- A motion to dispense with the reading of the minutes was likewise opposed by Senators Tirona and David, part of alleged dilatory tactics to prevent Tanada’s privilege speech.
- Tanada repeatedly sought recognition to speak; Avelino threatened to order the arrest of any senator ignoring the Chair, while Tirona shouted “Out of order!” at Sanidad.
- Disorder broke out in the gallery. Sen. Pablo Angeles David moved to adjourn; Sanidad and Cuenco opposed. Around noon, Avelino declared the session adjourned until February 24 and exited with nine supporters, leaving twelve senators.
- Senate President Pro-Tempore Melecio Arranz took the Chair, declared a quorum among the twelve remaining senators, and, by unanimous consent, designated Sen. Mariano J. Cuenco Acting President of the Senate.
- Gregorio Abad was appointed Acting Secretary. Tanada delivered his speech; Resolution No. 68 was unanimously approved. Thereafter Resolution No. 67 declared Avelino’s position vacant and designated Cuenco Acting President, who then took his oath.
- The President of the Philippines recognized Cuenco as Acting President of the Senate