Integrated Bar of the Philippines (IBP) National President and 27th Board of Governors Chairperson Atty. Allan G. Panolong said Sen. Sherwin Gatchalian may serve as acting Senate President following the declaration of all Senate positions as vacant and his election as Senate President Pro Tempore.
In an interview, Panolong said the June 3, 2026 Senate proceedings carry a presumption of regularity and legality unless questioned and overturned by the Supreme Court.
“What happened was that nagkaroon ng declaration of vacant positions at si Win Gatchalian was elected as Senate President Pro Tempore, and in the meantime he is now acting as Senate President,” Panolong said.
“So legal po yan dahil meron tayong doktrina sa ating Philippine jurisdiction na ang nangyaring session, ang nangyaring transaction noong araw na yan kahapon ay binibigyan ng presumption of regularity or legality,” he added.
Panolong said those disputing the Senate leadership change must bring the matter before the Supreme Court.
On the issue of quorum, Panolong cited the Supreme Court ruling in Avelino v. Cuenco, saying 12 senators may constitute a quorum if the count is based on senators whose attendance may be compelled by the chamber.
The IBP chief explained that under the doctrine of coercive jurisdiction, the Senate may count only those members who can be compelled to attend session. In the Avelino case, Panolong said the baseline for quorum was reduced because one senator was abroad while another was confined in a hospital.
He said the same principle was applied in the latest Senate session, where 22, instead of 24 senators, appeared to have been used as the basis for determining quorum because one senator was under legal restraint while another senator’s whereabouts were unknown.
“Paano mo i-compel his attendance to the Senate because there is a legal impediment?” Panolong said, referring to detained Senator Jinggoy Estrada.
As for Senator Bato Dela Rosa, whose whereabouts were unknown, Panolong added: “Paano mo i-compel yung attendance ng isang senador na hindi mo naman alam saan siya mahagilap.”
“So that is why ang basihan, naging baseline ng kanilang counting is 22 instead of 24,” he said.
However, Panolong stressed that having a quorum is different from electing a Senate President.
He said the Constitution requires a majority of all Senate members, or 13 votes, to elect a Senate President. Because of this, he said the 12 senators were able to declare all positions vacant but could not elect a full Senate President.
“Sa Constitution ang ibig sabihin, the Senate President shall be elected by majority of all, ibig sabihin lahat ng membro ng Senado. So ibig sabihin kung ano ang majority ng lahat ng membro ng Senado yan po ay 13. Maliwanag po yan,” Panolong said.
“While it may be true nagkaroon ng quorum, pero hindi sila nagkaroon ng election ng bagong Senate President,” he added.
Asked about the status of Sen. Alan Peter Cayetano after the declaration of vacancy, Panolong said all Senate positions were declared vacant, but no new Senate President was elected because the required 13 votes were not reached.
“So that was the declaration of the vacancy of all the positions,” Panolong said.
“But as far as election of the new leadership noong pag-elect po ng bagong Senate President, hindi nagawa dahil very strict ang ating Constitution,” he added.
Panolong also acknowledged the opposing view of Sen. Pia Cayetano, who questioned the application of Avelino v. Cuenco, but said the doctrine remains part of jurisprudence and has been used in Senate practice.
He said the Supreme Court may ultimately settle the dispute if the issue is formally raised, especially under the expanded judicial power of the 1987 Constitution to determine whether there was grave abuse of discretion.
Panolong warned that a prolonged standoff could further affect the image and integrity of the Senate, especially with major proceedings pending before the chamber, including the impeachment case.
“The issues can be properly thrashed out in a proper forum, which is the Supreme Court,” Panolong said.