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Force majeure rule applies only in extreme cases, Gatchalian says

Sen. Sherwin Gatchalian said the Senate’s teleconferencing rules can only be used under extreme circumstances such as a pandemic, stressing that conflicts abroad or El Niño conditions do not automatically qualify as force majeure, while assuring the public that ongoing tensions in the chamber will not derail impeachment proceedings against Vice President Sara Duterte.
Sen. Sherwin Gatchalian said the Senate’s teleconferencing rules can only be used under extreme circumstances such as a pandemic, stressing that conflicts abroad or El Niño conditions do not automatically qualify as force majeure, while assuring the public that ongoing tensions in the chamber will not derail impeachment proceedings against Vice President Sara Duterte.
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Sen. Sherwin Gatchalian said the Senate’s rules on teleconferencing can only be invoked under strict conditions and should not be loosely applied to situations such as the conflict in the Middle East or the El Niño phenomenon.

In an interview, Gatchalian clarified that Section 41 of the Senate rules allows teleconferencing only in cases of “force majeure,” which must first be determined by the majority of senators and must involve circumstances that prevent lawmakers from physically convening.

Sen. Sherwin Gatchalian said the Senate’s teleconferencing rules can only be used under extreme circumstances such as a pandemic, stressing that conflicts abroad or El Niño conditions do not automatically qualify as force majeure, while assuring the public that ongoing tensions in the chamber will not derail impeachment proceedings against Vice President Sara Duterte.
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“If we read Section 41 carefully, teleconferencing is allowed only under force majeure,” Gatchalian said. “First, the majority of senators must determine that there is force majeure. Second, senators must be unable to physically report for work or the Senate must be unable to function.”

He said the provision was crafted primarily for extraordinary situations similar to the COVID-19 pandemic, when lockdowns and health risks prevented senators from attending sessions in person.

“Even with El Niño, we can still report for work. Even with the war in Iran, which is very far away, we can still enter the Senate,” he said. “Just because something is happening in the world or in the country does not automatically justify teleconferencing.”

Gatchalian also recalled that Senate sessions were previously required to be conducted strictly in person, until the chamber amended its rules during the pandemic to permit remote participation under limited conditions.

“As a general rule, meetings should still be physical,” he said. “Teleconferencing is only allowed if the Senate truly cannot convene because of circumstances beyond our control.”

The senator also dismissed concerns that recent tensions between senators could disrupt the impeachment proceedings against Vice President Sara Duterte, saying the process already has established procedures, including pre-trial conferences, caucuses and voting mechanisms.

“The important thing is that the process continues,” Gatchalian said. “Our rules allow debate and voting, but what matters is that proceedings are not delayed.”

Asked about the possibility of another walkout if proposals to amend the rules on teleconferencing are pushed, Gatchalian said senators should instead seek compromise through discussion. However, he warned that alleged violations of Senate rules could eventually be challenged before the Supreme Court.

He also declined to speculate on possible leadership changes in the Senate amid ongoing tensions, saying lawmakers should focus on returning to work and addressing pending legislative matters.

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