The Senate leader maintained that the proceedings that day were designed solely to ensure the chamber would “not be left unable to function.”
Senator Alan Cayetano and his allies in the minority filed a similar petition urging the SC to declare their ouster “unconstitutional, null, and void ab initio (from the start)” and to reinstate them to their previous posts.
The SC has not yet resolved it, though some legal experts have already labeled it moot because 13 senators eventually elected Gatchalian as Senate president, ending the deadlock.
The 3 June coup ousted then Senate President Cayetano and removed his allies as committee heads, giving the Gatchalian-led faction complete control of the upper chamber.
The leadership revamp was triggered by the three-day boycott staged by Cayetano and allies in protest of Senator Jinggoy Estrada’s arrest on plunder on 1 June, which they criticized as “selective prosecution” by the administration.
Their no-show paralyzed the Senate’s legislative work, including the passage of crucial bills.
The paralysis prompted Senator Chiz Escudero—formerly allied with Cayetano—to switch sides, allowing the Gatchalian bloc to secure a 12-member quorum, declare all positions vacant, and install Gatchalian as acting Senate president.
The Gatchalian faction insisted their takeover was legal and valid, citing the 1949 Supreme Court decision (Avelino v. Cuenco). In that ruling, the SC said 12 senators could establish a quorum and conduct official business.
The decision allowed the adjustment of the base number of senators (24) when certain members are legally beyond the Senate’s coercive reach. Because of this, Gatchalian and allies maintained that the simple majority has been reduced to 12, as their base has dropped from 24 to 22 due to Estrada's arrest and the continued hiding of Senator Bato dela Rosa amid an ICC warrant.
Cayetano’s bloc derided the takeover as an illegal “mob rule,” adding that the 3 June session was “rump.”
Cayetano eventually conceded defeat after Senator Joel Villanueva, another ally of his, switched to Gatchalian’s bloc, allowing the latter to secure its 13th vote.