Another leadership overhaul dramatically unfolded in the Senate on Wednesday after Senator Chiz Escudero made a sudden appearance at the plenary, giving the former minority lawmakers enough numbers to constitute a quorum and declare all positions vacant, including the Senate president.
Another leadership overhaul dramatically unfolded in the Senate on Wednesday after Senator Chiz Escudero made a sudden appearance at the plenary, giving the former minority lawmakers enough numbers to constitute a quorum and declare all positions vacant, including the Senate president.
Senator Win Gatchalian would be the acting Senate president in his capacity as the newly elected Senate President Pro-Tempore. He replaced Senator Loren Legarda, who also boycotted the session with Cayetano and their allies since Monday.
Cayetano was effectively ousted as Senate president, but the post would remain vacant unless the new majority, composed of Gatchalian and allies, convinced another senator from Cayetano’s camp to switch allegiance.
Under the Constitution, the minimum threshold to oust and elect a Senate president is 13. Due to this, the new 12-member majority cannot yet officially install Gatchalian as the Senate chief.
The dramatic shakeup occurred during the last session day of Congress before it adjourned sine die.
The new majority argued that the reorganization was valid despite falling short of the 13-member majority threshold. They 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 De la Rosa.
They cited a 1949 Supreme Court jurisprudence involving the Avelino v Cuenco case as their legal precedent.
The case in question involves then Senate president Jose Avelino, who was ousted in favor of the late Mariano Cuenco with only a vote of 12 senators. Avelino and allies walked out of the session to prevent a quorum, but the 12 senators proceeded and declared all positions vacant. Avelino contested his removal to the SC, but it was denied.
The SC 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,” the new majority bloc said.
Gatchalian has long been a rumored contender for the Senate presidency to replace Cayetano, who has been in hot water since he assumed the chamber’s top post on 11 May.
Cayetano’s presidency has been hounded by counter-coup threats stemming from the recent tumultuous events that rocked the institution, particularly the 13 May gunfire incident, which was suspected to be staged to allow Senator Bato dela Rosa to escape and evade an International Criminal Court warrant.
Cayetano-led bloc boycott blamed
The Cayetano-led bloc’s deliberate no-show for three consecutive days in protest of the arrest of Estrada drew mounting criticism not only from lawmakers but also from political observers and civil groups.
Escudero said the current impasse in the Senate convinced him to join in the session on Wednesday after being a no-show for two days in compliance with Cayetano’s marching orders.
He immediately left the hall after the session adjourned, but his statement states, “I am not taking sides. I am taking a stand for the Senate. My allegiance is not to any faction, personality, group, or alliance. This is not about loyalty, betrayal, or choosing one group over the other—this is about duty.”
Escudero previously voted to oust then Senate president Tito Sotto in favor of Cayetano in a surprise coup on 11 May, following the abrupt appearance of Dela Rosa at the session after six months of hiding. Dela Rosa’s physical presence gave Cayetano 13 votes to snatch the presidency from Sotto.
Gatchalian took his oath before Sotto shortly after the election. He defended the surprise reorganization of the Senate, saying it would place them “on the brink of a Constitutional violation” had we not convened on Wednesday.
It would have marked the third consecutive day the Senate did not convene, which Gatchalian argued was in violation of Article VI, Section 16(5) of the Constitution, which restricts a chamber from adjourning for more than three days without the consent of the other House.
“Thus, in the absence of a duly consulted postponement and the continued absence of the Senate President, Senate President Pro Tempore, and members of the majority, we were compelled to call the session to order,” he said in his speech before they adjourned.