The true story behind "Avelino v. Cuenco"

Senator Jose Avelino was a very colorful senator from Calbayog, Northern Samar, a lawyer who graduated from Ateneo, AB, UST, LLB, and was a member of the Liberal Party affiliated with then President Elpidio Quirino. Senator Mariano Jesus Cuenco was a famous Cebuano who studied in San Carlos and then in Manila Law School.

In 1949, the 24-member Senate was split into two: 12 senators for Avelino and 12 for Cuenco. The Avelino faction included senators Vicente J. Francisco, Carlos P. Garcia (who later became president), Olegario Clarin from Bohol, Tomas Cabili from Iligan, Tomas Confesor, Prospero Sanidad, Salipada Pendatun, Vicente Rama, from Cebu, Carlos Tan, from Leyte, and Ramon Diokno, the grandfather of Chel Diokno.

The 12 Cuenco allies were Melencio Arranz (pro tempore), Lorenzo Tañada, Fernando Lopez, Pablo Angeles David, Ramon Torres, Justiniano Montano from Cavite, Alejo Mabanag, Jose Vera, Vicente Sotto (the grandfather of Tito Sotto), Enrique Magalona, and Eduardo Cojuangco Sr. (the father of the late Danding Cojuangco Jr.). On February 18, 1949, Senator Confesor was in the U.S. and Don Vicente Sotto was confined in the hospital.

On that day, there were 11 for Avelino and 11 for Cuenco. The Avelino group did not want Senator Tañada to deliver a speech denouncing President Quirino's alleged corrupt activities. Avelino adjourned the session. But the group of Cuneco proceeded with the session with Arranz presiding as the pro-tempore. The Avelino faction walked out. The Cuenco allies remained. The declared the position of Avelino vacant and elected Cuenco as the Senate president.

On the question of whether or not there was a quorum when Cuenco was elected, let us quote the decision of the Supreme Court En Banc, GR L-2821 dated March 4, 1949: "If the rump session was not a continuation of the morning session, was it validly constituted? In other words, was there the majority required by the Constitution for the transaction of the business of the Senate? Justice Paras, Feria, Pablo and Bengzon say there was, firstly because the minute say so, secondly, because at the beginning of such session there were at least fourteen senators including Senators Pendatun and Lopez, and thirdly because in view of the absence from the country of Senator Tomas Confesor twelve senators constitute a majority of the Senate of twelve three senators."

The Supreme Court held: "When the Constitution declares that a majority of "each House" shall constitute a quorum," the House: does not mean "all" the members. Even a majority of all the members constitute "the House". (Missouri Pac. vs. Kansas, 63 Law ed. [U. S.], p. 239). There is a difference between a majority of "the House", the latter requiring less number than the first. Therefore an absolute majority (12) of all the members of the Senate, less one (23), constitutes a constitutional majority of the Senate for the purpose of a quorum."

It was further emphasized by the High Court: “Mr. Justice Pablo believes furthermore than even if the twelve did not constitute a quorum, they could have ordered the arrest of one, at least, of the absent members; if one had been so arrested, there would be no doubt Quorum then, and Senator Cuenco would have been elected just the same inasmuch as there would be eleven for Cuenco, one against and one abstained."

There are some trivia that I need to state concerning the Cebuano senators then regarding Don Mariano Jesus Cuenco, Don Vicente Rama, Don Vicente Sotto, and the Boholano Senators Carlos P. Garcia and Olegario Clarin. We notice that one Cebuano, Don Vicente Rama and two Boholanos, Garcia and Clarin, were aligned with the Waray senator, Jose Avelino. The other two Cebuanos, Don Mariano Jesus Cuenco and Don Vicente Sotto were together. Justice Manuel C. Briones, however, dissented and held that Cuenco was not validly elected.