Malacañang on Thursday said it recognizes the Senate leadership under Acting Senate President and Senate President Pro Tempore Sherwin Gatchalian, citing the rule of law, Supreme Court rulings and established congressional practice.
Palace Press Officer Claire Castro made the statement after Sen. Alan Peter Cayetano accused Malacañang of recognizing a fake Senate leadership.
“Ang ehekutibo ay naniniwala sa rule of law, sa batas, at sa mga desisyon ng Korte Suprema. Maliwanag na ang nagpadeklara na vacant ang lahat ng mga elected Senate positions ay 12 active senators na may recognized base number na 22 dahil beyond the coercive reach ng Senado sina Senator Jinggoy at Senator Bato,” Castro said.
Castro said the Palace believes the vote of the 12 senators who declared all elected Senate positions vacant was valid, as only 22 senators were considered within the coercive reach of the chamber. She said Sen. Jinggoy Estrada and Sen. Ronald “Bato” Dela Rosa could not be compelled by the Senate to attend.
She said the situation was not new, citing a similar case in 2015 under then Senate President Franklin Drilon, when 12 senators declared a quorum based on a reduced number of active senators because several were abroad or under detention.
“Nung nangyari noon ang kaparehong sitwasyon noong 2015 sa Senado sa pamumuno ni Senator Drilon ay nagdeklara rin na may quorum ang 12 senators … at nandoon sina Senator Alan at Senator Pia at hindi nila ito na-question man lamang o tinutulan,” Castro said.
Castro said the Palace position is also supported by the 1949 Supreme Court ruling in Avelino v. Cuenco, which has been cited in determining quorum when some senators are beyond the chamber’s coercive reach.
Asked why Malacañang quickly recognized the new Senate leadership, Castro said it was necessary to show the public that the proper process had been followed and recognized.
The Senate leadership change happened after Sen. Francis Escudero attended Wednesday’s session, giving the former minority bloc enough members to declare a quorum and proceed with chamber business.
The senators later declared all elected Senate positions vacant and elected Gatchalian as acting Senate President and Senate President Pro Tempore. Former Senate President Vicente Sotto III, the chamber’s most senior member, administered Gatchalian’s oath.
Castro also said President Ferdinand Marcos Jr. is inclined to call a special session of Congress if the Senate submits a formal request with valid grounds.
“Yes, opo, inclined ang Presidente na to give in to the official request for the special session,” Castro said.
“Bakit? Kasi kung marami maaantala dahil sa mga nangyayaring ganitong kaganapan, hindi po nais ng Pangulo na magkaroon ng pag-antala sa trabaho ng Senado, provided lamang po na ang official request ay dapat po ring kinapapalooban ng valid grounds for the calling of a special session,” she added.
Castro said Marcos does not want the work of the Senate delayed, especially with priority measures still pending. Among them is the anti-political dynasty bill, which the President wants enacted within his term.
Gatchalian earlier said senators were studying the possibility of requesting a special session due to pending bills and appointments.
The Senate had suspended session for two days due to lack of quorum after the then-majority bloc under Cayetano skipped plenary sessions.