Senator Francis “Chiz” Escudero’s surprise appearance at the Senate plenary on Wednesday shifted the chamber’s balance of power, allowing the minority lawmakers to form a quorum and move to declare all leadership positions vacant, including the Senate presidency.
Senate President Alan Peter Cayetano denounced the move as an “illegal coup d’état,” insisting that he remains the legitimate Senate president and arguing that at least 13 senators are needed for the Senate to validly conduct official business and effect any leadership change.
Cayetano said the move was intended to derail the Blue Ribbon Committee hearing on the flood control scandal that was deferred “until further notice.”
“As Senate president, nasa authority ko ang premises ng Senado,” he said. “Do not padlock the Senate.”
12 senators oust Cayetano
Twelve senators, however, maintained that Cayetano was no longer president and installed Senator Win Gatchalian as acting Senate head.
Under the Constitution, at least 13 senators are required to oust and elect a Senate president, meaning the 12-member bloc could not formally install Gatchalian as the chamber’s new leader.
The dramatic shakeup occurred on the last session day of Congress before it adjourned sine die.
The new majority argued the reorganization was valid despite falling short of the 13-member threshold, saying the Senate base was now down to 22 from 24 due to the arrest of Senator Jinggoy Estrada and the continued absence of Senator Ronald “Bato” dela Rosa.
They cited the 1949 Supreme Court ruling in Avelino v. Cuenco as a precedent where a 12-senator bloc was upheld after a walkout reduced the Senate’s effective membership.
The new majority bloc said the ruling supported the principle that a quorum is based on the number of members legally able to perform Senate functions.
No legal basis
Cayetano and Senator Loren Legarda rejected the legitimacy of the move.
“There are still functioning committees. I am still the legitimate, legal, moral Senate President of the Republic of the Philippines,” Cayetano said in an online rant.
He said there was no legal basis for an acting Senate president, saying that he had neither resigned, been removed, nor become incapacitated.
“Wala pong ground para magkaroon ng acting president,” he said. (There is no ground for having an acting president.)
Legarda, who was replaced by Gatchalian as Senate President Pro Tempore, echoed Cayetano, citing Article VI, Section 16(1) of the Constitution requiring a majority vote of all 24 members.
“The Senate is composed of 24 members. A majority of 24 is 13,” she said. “Without a quorum of 13, it is clear that no change of committee chairmanships can be done.”
The dispute has escalated into a broader constitutional standoff, with both camps asserting their competing claims over the Senate leadership and authority.
BRC hearings to push through
The Blue Ribbon Committee (BRC) meeting has been suspended indefinitely. The new majority elected Senator Erwin Tulfo as committee chair.
Cayetano said the opposing bloc immediately moved to change the panel leadership and postpone hearings, which he opposed.
“I’m even more intrigued. What would the Marines say? What would the Ombudsman, DoJ and DPWH say when even our Constitution would be set aside just for this?” he said.
He also warned that the Senate turmoil could delay the impeachment trial of Vice President Sara Duterte.
“The impeachment will be delayed,” he said.
He urged the public and the Senate staff to defend what he described as the institution’s independence.
“This is not about me. This is not about the position,” he said. “This is about democracy. This is about an independent Senate. This is about fighting corruption.”
Palace, House back transition
Meanwhile, House lawmakers and Malacañang expressed support for the Senate leadership change following the realignment that unseated Cayetano and installed Gatchalian as Senate President Pro Tempore.
House Speaker Faustino “Bojie” Dy congratulated Gatchalian, expressing confidence in his leadership.
“We wish Acting Senate President Gatchalian every success as he leads the chamber in addressing the challenges and opportunities before our country,” Dy said, adding that he expects Gatchalian to serve with “integrity, independence, and dedication to the public interest.”
“Whatever happened in the Senate this afternoon is in accordance with the law and the rule of law,” said Palace press officer Undersecretary Claire Castro.
“The Palace recognizes and respects the decision of the new majority and the leadership of Acting Senate President Sherwin Gatchalian,” she said.