By Tracy Cabrera
MANILA — Saddened by the breaking away of one of its members, Cebu City Councilor Mike Rama, over the issue of the legality of a Senate quorum of 22 working members, the Integrated Bar of the Philippines (IBP) has reiterated its stand to support the validity of a quorum with 12 members.
To strengthen its stand, the IBP cited the landmark 1949 Supreme Court ruling in Avelino vs. Cuenco that supports its position that the Senate validly constituted a quorum with only 12 members.
“The ruling allows the Senate to exclude lawmakers who fall beyond its coercive powers when computing a quorum,” the organization pointed out.
The legal opinion stemmed from a 1949 Senate leadership dispute in which the Supreme Court held that an “absolute majority” of senators, who could realistically participate in legislative proceedings, could constitute a constitutional quorum.
Applying that doctrine to the current situation, the IBP argued that Senators Ronald ‘Bato’ Dela Rosa and Jose ‘Jinggoy Estrada’ Ejercito Jr. could not be compelled to attend Senate sessions because one remains outside the Senate’s reach while the other remains under detention.
With the Senate’s effective roster reduced from 24 to 22 members, the IBP thus concluded that 12 senators constituted a valid majority.
“This Avelino ruling emphasizes a practical approach: the Constitution should be interpreted in a way that allows the Senate to function and not be blocked by the absence of members who cannot realistically be made to attend,” it stated.
The IBP further maintained that all actions taken during the June 3 session enjoy a presumption of regularity.
Its position aligns with that of former Senate President Franklin Drilon and political coalition 1Sambayan that recognizes the legality of the Senate reorganization.
However, several senators, including Alan Peter Cayetano, Lorna Regina ‘Loren’ Legarda and Pilar Juliana ‘Pia’ Cayetano, have rejected this interpretation.
Legarda has argued that the Constitution requires 13 votes because the Senate consists of 24 members, while Pia Cayetano has questioned the applicability of the Avelino doctrine to the present controversy.
The argument is supported by former Cebu City mayor Michael ‘Mike’ Rama and local members of the pro-Duterte group Hakbang Maisug-Cebu who have denounced the Senate shakeup, insisting that the chamber cannot legally conduct business without 13 senators.
ia/xf
