The Senate minority bloc threatened to escalate the dispute over remote sessions and online voting to the Supreme Court if they lose the Monday poll against Senate President Alan Cayetano and allies.

Senator Ping Lacson warned that the so-called “Solid Bloc 11” will be forced to play their last card through seeking a judicial review before the high court to stop the 13-member majority from expediting an amendment to Senate rules, which he derided as “grave abuse of discretion” and “unacceptable.”

“If they really force it, probably minority members will have the option to bring the case before the Supreme Court,” Senator Ping Lacson told ANC’s Headstart. “The Supreme Court can step in and intervene because clearly, there's a grave abuse of discretion.”

The plan to move the case to the SC was motivated by former Senate president Franklin Drilon’s suggestion to bring the case to the SC, accusing the majority bloc of abusing its power by rushing the amendments without first confronting them at the committee level.

Initially, Senator Rodante Marcoleta introduced an amendment to Rule 14, Section 41 of the Senate Rules on 11 May. However, Senator Kiko Pangilinan argued that the motion had already lapsed, and the one raised on Tuesday must take precedence.

The proposed amendment seeking to allow senators—for justifiable reasons—to participate in sessions remotely failed to materialize on Tuesday after minority lawmakers staged a walkout in protest. 

They accused the majority of “railroading” the process, which was viewed as a veiled effort designed to allow the voting of their colleagues—Senators Bato de la Rosa, Jinggoy Estarada, and Joel Villanueva—who are likely to face arrest and warrants.

Remote sessions not allowed unless there’s force majeure

Under the current Senate's rules, virtual participation is allowed only during force majeure or unexpected and uncontrollable circumstances, or during emergencies and health crises such as the Covid-19 pandemic.

The discussion is expected to continue on Monday, with Lacson saying they are gearing up for a prolonged debate to contest and halt the approval.

With De la Rosa’s continued hiding and a looming warrant against Estarada, there is a high chance that the majority and minority members will be tied at 11 on Monday. Lacson said they will not hesitate to walk out again on Monday to deliberately stop the proceedings by calling for an adjournment due to a lack of quorum.

"They cannot force the resolution to be adopted on the floor if there's no quorum. So we may also do that again: the minority leader will be left on the floor to question the quorum, a repeat of what happened last Tuesday," he stressed.

Cayetano’s insistence on dividing the house for voting despite vehement objections prompted the minority to walk out of the session hall, leaving only Senate Minority Leader Tito Sotto. The lack of quorum forced Sotto to call for an adjournment, effectively halting the majority’s plan to amend the rules.

Robin drew flak

Senator Robin Padilla, who is allied with Cayetano, suggested that the Middle East war and the Philippines' potential involvement in the China-Taiwan conflict should be considered “force majeure.”

Padilla implied that these grounds are enough to justify allowing senators to hold sessions and vote virtually.

This drew flak from minority senators, with Senator Risa Hontiveros explicitly suggesting it was false, while Lacson derided it as an “unforced error.” 

Members of the majority cried foul over the walkout, calling it unfair and a blatant mockery of the legislative proceedings. They accused the minority of double standards, citing a resolution filed by Lacson, Hontiveros, and Drilon in the 18th Congress to allow then Senator Leila de Lima to join sessions while she was detained for drug-related charges in 2017.

The resolution, however, did not materialize, and De Lima was not allowed to join in-person or remote Senate sessions, despite lawmakers eventually resorting to hybrid sessions due to the Covid-19 pandemic from 2020 to 2023.