Amid an escalating leadership impasse in the upper chamber, Senator Sherwin Gatchalian dug deep into Senate historical archives on Tuesday to defend the validity of the June 3 session that installed him as Senate President Pro Tempore and acting Senate President, asserting that a 12-member quorum is a well-established legislative precedent.
In a press release, Gatchalian provided official records detailing numerous plenary sessions spanning over a decade—between 2008 and 2020—where only 12 lawmakers were physically present, yet a valid quorum was officially recognized and business proceeded.
Among the precedents cited was a May 2020 session conducted while former senator Leila de Lima was under detention, meaning the active roster of functioning lawmakers was reduced.
“Hindi natin pwedeng baguhin ang kasaysayan. Ang Senate records mismo ang nagpapatunay na hindi na bago ang nangyaring sesyon noong June 3 at ito ay lehitimo,” Gatchalian said. (“We cannot change history. The Senate records themselves prove that what happened on June 3 is nothing new and is entirely legitimate.”)
The current procedural war stems from the June 3 session where a 12-member bloc—consisting of the former minority and newly aligned Senator Francis “Chiz” Escudero—declared all leadership seats vacant, electing Gatchalian to the rostrum. The move has been officially recognized by Malacañang and the House of Representatives, with the official Senate website updating its directory to list Gatchalian as Senate President Pro Tempore.
However, Senator Alan Peter Cayetano has adamantly refused to step down, maintaining that he remains the “legitimate, legal, and moral Senate President.” Cayetano’s camp insists that under standard Senate rules, an absolute majority of 13 out of 24 members is required to establish a quorum and conduct business, labeling the takeover an “illegal coup d’état.”
Gatchalian’s camp counters that the traditional base number of 24 must be adjusted downward to 22 active members. They argue that Senator Jinggoy Estrada (currently under arrest) and Senator Ronald “Bato” Dela Rosa (reportedly in hiding over an International Criminal Court warrant) lack the legal capacity to fulfill their duties and cannot be compelled to attend. Relying on the landmark 1949 Supreme Court ruling Avelino v. Cuenco, Gatchalian maintains that a quorum is calculated based only on the number of senators within the jurisdiction of the body and capable of participating.
The continuous standoff has prompted several former Senate presidents to issue public appeals, urging the fractured chamber to resolve the leadership paralysis immediately and pivot back to passing crucial legislation addressing national economic, food, and energy security.
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