Possibly frustrated over the issue on the legality of quorum in the Senate session which elected Senator Sherwin ‘Win’ Gatchalian as Senate president pro tempore, a teacher has filed a petition before the Supreme Court seeking a definitive ruling on the legality of the controversy which led to a major change in leadership in the Upper Chamber of Congress.
High school teacher John Barry Tayam submitted his 20-page petition for certiorari yesterday, urging the High Tribunal to declare that the attendance of 12 senators during the session constituted is a valid and constitutional quorum.
In his official request, Tayam asked the Court to affirm that the June 3 proceedings, including leadership elections, vacancy declarations and committee reorganizations, were legally binding and in accordance with the country’s Constitution.
The controversy arose amid the prolonged standoff in the Senate after members of the then-majority bloc led by Senator Alan Peter Cayetano allegedly skipped sessions, preventing the chamber from reaching the minimum number needed to conduct official business.
However, the impasse ended on June 3 when Senator Francis ‘Chiz’ Escudero joined 11 senators of the tech minority bloc who had been attending the session, allowing the Senate to reach the said number of 12 for a presumed valid quorum.
The senators then subsequently declared key leadership posts vacant and elected Gatchalian as Senate president pro tempore.
Supporters of the move cited the landmark 1949 Supreme Court ruling in Avelino v. Cuenco, which held that a quorum should be based on the number of available members rather than the total membership of the Senate.
Under that interpretation, only 22 senators were considered available, as Senator Ronald ‘Bato’ Dela Rosa was reportedly in hiding while Senator Jose ‘Jinggoy Estrada’ Ejercito Jr. remained under detention over plunder raps filed by the Office of the Ombudsman before the Sandiganbayan.
It was said that with 22 available members, the presence of 12 senators constituted a majority and therefore a valid quorum.
The Integrated Bar of the Philippines and several law school deans have alsoexpressed support for the legality of the June 3 session and the actions taken during the proceedings.
In his petition, Tayam enthused that he brought the matter to the Supreme Court to settle the conflicting interpretations circulating among legal observers and the public and thus allow all senators to go back to their duties and responsibilities.
“The Supreme Court has the final say on this issue,” the high school teacher stressed to conclude.