A member of the former majority bloc on Wednesday questioned the validity of the Senate session convened by 12 senators, insisting that the number fell short of the constitutional and rules-based requirement for the chamber to do business and elect its officers.
In a statement, Senator Pia Cayetano rejected the position that 12 senators could validly constitute a quorum or act as a majority of the Senate.
“When did 12 = 13?” she said.
Cayetano cited Article VI, Section 2 of the 1987 Constitution, which provides that the Senate is composed of 24 senators. She also referred to Section 16(2), which states that a majority of each House constitutes a quorum to do business.
She further pointed to Rule II, Section 2 of the Senate Rules, which provides that Senate officers shall be elected by a majority vote of all its members.
“So today, when 12 senators convened and purportedly held a session, how can that be valid?” Cayetano said.
She also disputed the reliance of the 12 senators on the Supreme Court ruling in Avelino v. Cuenco, where 12 senators were considered a majority under the circumstances of that case.
Cayetano argued that the ruling could not be applied broadly without considering its specific factual context.
“But as any freshman law student knows, you can’t pull out the rationale of a case and use it to suit your needs. The specifics of the case are different,” she said.
She also cited constitutionalist Fr. Joaquin Bernas, who warned that such an approach could lead to absurd results if most members of a legislative body were abroad and beyond its coercive power.
Cayetano maintained that the number required remains clear.
“12 is not 13. Alam ng Grade 1 student yan,” she said.