Is the majority’s absence from the session a violation of Senate rules?
All the members of the Senate majority bloc skipped attending the session on June 1 and 2.
The left aisle of the Senate plenary hall, where majority senators usually sit, was empty for its scheduled 5 p.m. session on Monday and 3 p.m. session on Tuesday. Sen. Raffy Tulfo also shared that the air conditioning and internet inside the plenary hall were turned off while the minority waited for the other senators.
Sen. Win Gatchalian told the media on June 1 that the minority bloc is eyeing to file an ethics complaint over the majority's absence, stressing it violated the Senate's rules.
"Ayun ang pinag-uusapan namin ngayon, but definitely may violation. Hindi puwedeng basta-bastang kina-cancel ang session nang walang abiso sa majority and minority," he said.
What do the Senate Rules say about skipping or canceling sessions?
Is the majority's absence a violation?
UP College of Law Assistant Professors Michael Tiu Jr. and Paolo Tamase explained that being absent is not a violation in itself.
"There is no requirement that Senators attend, and ethics complaints versus chronic absenteeism in the Senate have also failed," Tamase told PhilSTAR L!fe.
"That doesn't mean that senators do not have a constitutional duty to attend their sessions, since the work of legislation is in fact done during these plenary meetings."
Meanwhile, Tiu said that the majority may have violated Senate rules by effectively postponing the session without consulting the minority.
"Sec. 40 of the Senate Rules says the Senate SHALL meet in session on weekdays, and they put in their calendar that there are sessions on Monday. And in this case, there was no decision otherwise. And Sec. 41 says that a postponement is done after consultation by the SP of the majority and minority leaders, and Minority Leader Sotto was not consulted when Sessions was not convened, effectively postponed, or cancelled," he said.
The absent majority senators could be compelled to attend if the lawmakers present choose to do so, according to the professors, citing Article VI, Sec. 16 (2) of the Constitution.
"(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide,'" the rules state.
Tiu added that Sec. 99 of the Senate Rules implements this constitutional provision, although it remains unclear whether the rule can be applied if a session has not started or was not convened.
Sec. 99 states: "Notwithstanding the provision of the preceding section, the lack of quorum shall compel the President to adjourn the session, unless, by means of motion, which shall not be subject to debate, a majority of the Senators present agree to its suspension and ask the President or Presiding Officer to order the Sergeant-at-Arms to require the appearance of the absent members or, if it is deemed necessary, to order their arrest so as to form the necessary quorum."
Tamase noted that arresting senators to force them to appear "is not a power that is used lightly."
"In procedural issues, the Senate has traditionally operated by consensus. So it’s important to try to exhaust those avenues first," he said.
'Let the Senate go quiet'
On Monday, Senate President Alan Cayetano issued a letter addressed to the minority bloc. He called on the minority bloc to "let the Senate go quiet," as the upper chamber's independence is "being tested."
That same day, Sen. Jinggoy Estrada was arrested and detained at Quezon City Jail - Male Dormitory in Payatas, as well as his other three co-accused. Other majority bloc members, Cayetano, Imee Marcos, Rodante Marcoleta, and more, were seen standing on the sidelines as Estrada addressed the media.
Because the chamber failed to reach a quorum, or at least 13 senators physically present to make official decisions, several measures were left hanging, including the Magna Carta of Barangay Health Workers, the Anti-Hospital Detention Bill, the confirmation of generals before the Commission on Appointments, and bills granting Philippine citizenship to Bennie Boatwright III and Matthew James Ramos.
On June 2, Cayetano confirmed that the majority bloc is skipping the session again.
"Walang quorum, walang session yesterday and today. May kasamang protesta 'yun against a puppet Senate na gusto nila," he said in his Facebook Live.
"Ginamit (ng minority) 'yung parliamentary tool na walkout para 'di matuloy ang change ng rules. So ngayon, ang majority, ginagamit ang rules sa tama, morally, legally, to ensure na hindi agawin ang mga committee para matuloy ang hearing ng Blue Ribbon sa Thursday," the Senate President added.
After the session failed to convene on Tuesday, the minority bloc called for Cayetano's resignation.
"This is not merely a procedural lapse; it is a direct violation of the rules of the Senate and a serious disrespect for the institution and the Filipino people. Senate President Alan Peter Cayetano should resign as he has shown that he cannot function as leader of the Senate anymore," minority member Sen. Erwin Tulfo told the media.
