“Ousted” Senate President Alan Cayetano denounced Wednesday’s leadership takeover as “illegal coup d’etat”, asserting that he still retains the chamber’s top post, citing the lack of quorum required for a revamp. 

Cayetano went on a Facebook live to contest the reorganization that put Senator Win Gatchalian acting in his place after being elected as Senate president pro tempore.

“They did not oust me... There is no ground for having an acting [Senate] president," he said in Filipino. “This is an illegal coup d'état that tramples upon the Constitution.”

Cayetano claimed that the leadership was unlawful because only 12 senators were present, thereby falling short of the required 13-member majority threshold to declare a quorum.

“The majority of the 24 is 13. The number is thirteen,” he stressed. “I repeat, if they have thirteen, I will administer their oath [but] they don't have 13.”

Senator Chiz Escudero made a surprise appearance at the session on Wednesday after he and allies in the Cayetano-led bloc had boycotted the session since Monday.

Escudero’s presence increased the number of senators from 11 to 12, which the new majority, comprising Gatchalian and allies, said is enough to constitute a quorum.

Legarda, who was ousted as Senate president pro tempore in favor of Gatchalian, echoed Cayetano’s position. 

She argued the takeover was unconstitutional, citing Article VI, Section 16(1) of the Constitution, which mandates that a Senate president shall be elected by a majority vote of all its members.

“The Senate is composed of 24 members. A majority of 24 is 13. Without 13 senators present, the Senate cannot validly transact business,” she insisted.

“Without a quorum of 13, it is clear that no change of committee chairmanships can be done,” she added.

Majority bloc rebuts: Nah, y’all ousted

The new majority bloc pushed back, saying they had enough to quorum to launch the reorganization.

They cited a 1949 Supreme Court jurisprudence involving the Avelino v Cuenco case as their legal precedent. The ruling “recognized the principle that a quorum of 12 is determined based on the number of members who are legally able to discharge the functions of the Senate,” according to the majority.

“For clarity, Sen. Alan Peter Cayetano is no longer Senate President after the Senate, with 12 senators present and a quorum declared based on the recognized base number of 22 under Avelino v. Cuenco, voted to declare all positions vacant, including the presidency of the institution,” their joint statement reads.

They contend that Gatchalian would officially take over Cayetano once they secure another vote from the Cayetano-led bloc to reach the 13 votes required by the Constitution.

“But this is what is clear and important: all positions are vacant, the previous leadership is over, and the Senate's work for the people must continue,” the statement further reads.

The new majority insisted that their base number is now down to 22 from 24 due to the arrest of Senator Jingggoy Estrada and the continued hiding of Senator Bato dela Rosa. 

Despite the supposed lack of quorum, Gatchalian took his oath as acting Senate president before Senator Tito Sotto.