MANILA, Philippines--A faction of 10 senators led by ousted Senate president Alan Peter Cayetano has filed a petition before the Supreme Court seeking to nullify the June 3 leadership change in the Senate, labeling it a "rump session" conducted without the constitutionally required quorum .
In an 87-page petition for certiorari and prohibition, the group argued that the session where Sen. Sherwin Gatchalian was installed as Acting Senate President was invalid, as only 12 senators were physically present. The 1987 Constitution requires a majority of 13 senators to constitute a quorum and a majority vote of all 24 members to elect officers.
In an 87-page petition for certiorari and prohibition, the group—composed of Cayetano, Sens. Loren Legarda, Pia Cayetano, Jinggoy Estrada, Christopher Lawrence Go, Rodante Marcoleta, Imee Marcos, Robinhood Padilla, and Camille Villar, along with Senate Secretary Jose Luis Montales—argued that the respondents—Sens. Gatchalian, Juan Miguel Zubiri, and others—committed "grave abuse of discretion" by declaring all elective Senate positions vacant and electing new officers with only 12 votes .
Legality of the session debated
The controversy stemmed from a two-day impasse where the Cayetano-led majority bloc did not hold sessions. On June 3, the minority bloc, joined by Sen. Francis Escudero, convened and declared a quorum based on 12 members, citing the Supreme Court's 1949 ruling in Avelino v. Cuenco.
The Cayetano faction, however, contended that the Avelino ruling, decided under the 1935 Constitution, does not apply. They argued that the doctrine only permits the exclusion of senators who are outside the country or beyond the Senate's coercive powers—circumstances not present during the June 3 session.
Legarda, who was unseated as Senate President Pro Tempore, condemned the takeover as "unconstitutional." She emphasized that the Senate's rules require a majority vote of all members to elect officers, a threshold unmet with only 12 votes .
Counterarguments and institutional support
The Gatchalian bloc maintained that the session was valid. The Integrated Bar of the Philippines (IBP) has backed this position, asserting that the Avelino doctrine allows a practical interpretation of quorum when members are "unavailable."
Supporters of the takeover cited the detention of Sen. Estrada on plunder charges and the absence of Senator Ronald dela Rosa—who is evading an International Criminal Court warrant—as reasons for excluding them from the quorum count, effectively reducing the total membership to 22 and making 12 a majority .
The petition seeks a Status Quo Ante Order to revert the Senate to its state before June 3, effectively barring the Gatchalian faction from exercising official functions. It also asks the Court to declare all acts during the contested session null and void.
President Ferdinand Marcos Jr. has called for a special session on June 17 to address legislative backlogs, including confirmation of key appointments, potentially intensifying the standoff as both blocs are expected to assert their leadership.
