JOSE AVELINO vs. MARIANO J.

CUENCO
G.R. No. L-2821
March 4 1949
FACTS: In the session of the Senate in February 18 1949, disorderly conduct broke out in
the Senate gallery, wherein the petitioner Jose Avelino banged the gavel and abandoned
the Chair and hurriedly walked out of the session followed by other senators, including the
Assistant Secretary. As not to paralyze the functions of the Senate, the other members
moved to declare repsondent Mariano J. Cuenco and Gregorio Abad as the acting Senate
President and Secretary respectively. The next day, the President recognized the
appointment of the respondent. This is a petition made to declare Avelino as the rightful
Senate President and oust Cuenco.
ISSUE: Whether or not the Court has the jurisdiction in the internal matters of the Senate.
RULING: No. The Court refused to take cognizance of this matter in the light of the
principle of separation of powers. The political nature of the controversy and the
constitutional grant to the Senate of the power to elect its own president, which power
should not interfered with, nor taken over, by the Judiciary.