How does the Senate determine a quorum?

The Philippine Senate is embroiled in a legal controversy on whether or not the action taken by the block of Senators Tito Sotto, Ping Lacson, and Win Gatchalian have effectively taken over the leadership of the Upper Chamber. The resolution of that legal dispute hinges on the determination of the quorum.

The Sotto group says that the magic number is 12 because there are only 22 senators under the effective coercive power of the Senate. And since there were 12 senators who attended the June 3 Senate session, it follows that all the official decisions made therein were valid, legal, and binding. This definition is based on the provision of the Constitution as explained by the Supreme Court in the landmark case of Jose Avelino v. Mariano Jesus Cuenco.

The Alan Peter Cayetano group stands on the fundamental principle that there are 24 senators and that the quorum is 13. This group alleges that the decision in Avelino v. Cuenco is no longer applicable supposedly because that ruling was made when the applicable Philippine Constitution was the 1935 Charter. That fundamental law had already been repealed by both the 1973 Constitution, during the Ferdinand Marcos Sr. martial law regime, and later by the 1987 Constitution under the post-EDSA administration of President Corazon Aquino.

Tomorrow, in this column, I shall write about the case of Avelino vs. Cuenco. This is quite interesting to the Cebuanos, considering that the late Don Mariano Jesus Cuenco was one of the strongest pillars of Cebu politics, along with Don Sergio Osmeña Sr., Don Filemon and Vicente Sotto, Don Vicente Rama, Don Ramon Durano Sr. and other politicians in Cebu, including Isidro Kintanar of the old 4th District called SAAD for Sibonga, Argao, Alcoy, and Dalaguete.

The Cambridge English Dictionary defines a quorum as the minimum number of members who should be present for a particular organization, legislative body or set of officers to proceed legally and do official business with binding effect and implications. The Robert Rules of Procedure also adopts that Cambridge definition. The only problem is how the quorum is determined. What is the base number in determining the majority number?

The Integrated Bar of the Philippines, the official association of all Filipino lawyers, issued an official statement which declared that there was a quorum on June 3, 2026 when Senator Win Gatchalian was elected as Senate president pro tempore and as such, as acting Senate president. This opinion is also supported by top Law deans of the country's leading law schools, as well as student councils of many Law schools and other colleges and universities. The Gatchalian group enjoys the popular support of the civil society.

Officially, both the Office of the President and the speaker of the House have recognized officially the assumption of Senator Win Gatchalian. The Supreme Court cannot issue any statement because it does not want to prejudge the issue should an actual case be filed with the highest court of the land. At any rate, any such case would involve a political issue and an internal affair of the Senate. Based on the principle of separation of powers, the High Tribunal would not touch such an issue, unless there is an allegation of grave abuse of discretion under Rule 65 of the Rules of Court.

The bottom line of all this is that the determination of a quorum is an internal problem of the Senate. The Supreme Court would normally shy away from such a question. The Supreme Court would entertain issues only if that involved the constitutionality of an official act. This column aligns itself with the position of the IBP. I am a bonafide member of the Bar. I also associate myself with the opinion of the Law deans, I am a Law professor in four Law schools. I support the opinions of the student councils. I have been a Supreme Student Council president.

I reject the views of Cayetano's remaining 10. I believe that Gatchalian 12 is now the legitimate leadership team of the Philippine Senate. Senator Bato de la Rosa is now a fugitive of international justice, and Senator Jinggoy Estrada is unable to perform his duties because he is under the control and custody of the Sandiganbayan.