SC junks petition seeking to affirm 12-senator quorum during June 3 session
The Supreme Court has dismissed a petition seeking to validate the presence of 12 senators as a quorum during the controversial June 3 Senate session, ruling that the petitioner lacked the legal standing to bring the case.
In a petition, high school teacher John Barry Tayam sought to have the High Court declare that the attendance of 12 senators during the session constituted a valid quorum under existing jurisprudence, particularly the 1949 Supreme Court ruling in Avelino v. Cuenco.
Tayam pointed out that Senator Ronald "Bato dela Rosa had gone into hiding to evade an arrest warrant issued by the International Criminal Court, while Senator Jinggoy Estrada was arrested on June 1 due to his plunder charges.
Because of these events, Tayam maintained that the quorum requirement should be based on the number of senators who are "active and available" to attend sessions, rather than the full 24-member Senate.
"The roster of active, available incumbent senators stands at 22. By mathematical deduction, a strict division yields 11 members for each opposing bloc. Therefore, the minimum numerical threshold required to establish a functioning majority and a valid constitutional quorum is exactly 12," he said.
He also asserted that as a citizen, taxpayer, voter, and teacher, he has a legal standing to challenge the legislative impasse.
"The ongoing leadership crisis directly deprives me, and the electorate at large, of the continuous and unhindered public service guaranteed by law," he said.
"As an educator tasked with molding the minds of the youth and future leaders of this nation, I have a civic and moral duty to seek judicial clarity from this Honorable Court, ensuring that the student youth witness a government ruled by law, not by political expediency," he added.
However, in their resolution issued on June 10, the SC junked his petition for lack of legal standing.
They ruled that Tayam "failed to show that he suffered, or was at imminent risk of suffering, any direct injury from the actions he challenged."
The tension between the senators began after Estrada surrendered himself to authorities on June 1 for his plunder charges. Afterwards, the majority bloc decided to skip the next two sessions, putting legislative proceedings on hold.
However, on June 3, the 11-member minority bloc managed to convene following the surprise appearance of Senator Francis "Chiz" Escudero. With Escudero joining them, the group established a 12-member quorum and moved to declare all positions vacant, including the position of Senate President held by Sen. Alan Peter Cayetano.
They explained that while they were able to declare the seat vacant, they could not immediately vote to replace Cayetano with Sen. Sherwin "Win" Gatchalian because the Constitution strictly requires a minimum of 13 votes to elect a Senate President.
"For clarity, Senator 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 institutio," the Gatchalian bloc said in a joint statement.
But Cayetano had rejected that interpretation, describing the move as an "illegal coup d’etat" and maintaining that he remains the chamber's rightful leader. He argued that the position can only be filled in these instances: resignation, removal, death, or absolute incapacity.
The Senate had adjourned sine die on June 3, ending the first regular session of the 20th Congress. The lawmakers will not reconvene until July 27.
