Avelino v.
Cuenco - Senator Cabili stood up, and asked that it be made of
G.R. No. L-2821, March 04, 1949
TOPIC: Justiciable and political question
Petitioner: Jose Avelino
Respondent: Mariano J. Cuenco
FACTS
- February 18, 1949, Senator Lorenzo M. Taada
requested that his right to speak on the floor on the
next session day, February 21, 1949, to formulate
charges against the then Senate President Jose Avelino
be reserved. His request was approved.
- February 21, 1949, hours before the opening of the
session Senator Taada and Senator Prospero Sanidad
filed with the Secretary of the Senate a resolution
enumerating charges against Avelino and ordering
investigation
- a quorum was already present at 10 a.m., but Avelino
delayed his appearance until 11:35 although he was
already at the office at 10. When he came up the
rostrum, he did not open the session but requested a
copy of the resolution, and read it slowly, then
conferred with colleagues Senators Francisco and
Tirona
- shortly before 12nn, he opened the session at the
insistence of Sen SAnidad and Cuenco
- only 2 were not present, as Senator Sotto who was
confined in a hospital and Senator Confesor who is in
the United States
- Senator Sanidad moved that the roll call be dispensed
with but Senator Tirona opposed said motion, obviously
in pursuance of a premeditated plan of petitioner and
his partisans to make use of dilatory tactics to prevent
Senator Taada from delivering his privilege speech.
The roll was called.
- Senator Sanidad next moved, as is the usual practice,
to dispense with the reading of the minutes, but this
was opposed by Sen. Tirona and David
- Senator Taada repeatedly stood up to claim his right
to deliver his one-hour privilege speech, but Avelino
continuously ignored him, and announced that he
would order the arrest of any senator who would speak
without recognition, but he tolerated it when TIrona
would shout out of order whenever Sen SAnidad
would ask for recognition of Sen Tanada.
- At this juncture, some disorderly conduct broke out in
the Senate gallery, as if by pre-arrangement. At about
this same time Senator Pablo Angeles David was
recognized by Avelino, and he moved for adjournment.
Senator Sanidad registered his opposition to the
adjournment of the session and this opposition was
seconded by herein respondent who moved that the
motion of adjournment be submitted to a vote. Another
commotion ensued.
- David moved for adjournment and SAnidad opposed it
again, but AVelino banged his gavel and hurriedly
walked out, followed by Senators David, Tirona,
Francisco, Torres, Magalona and Clarin, while the rest of
the senators remained. 10 left, and 12 remained
recordit was so madethat the deliberate
abandonment of the Chair by AVelino
- Senate President Pro-Tempore Arranz and the
remaining members of the Senate to continued the
session in order to not paralyze the functions of the
senate Arranz suggested that Cuenco be designated
to preside, and everyone voted unanimously, so
Cuenco took the chair
- Tanada was recognized by CUenco, and he delivered
his speech. SAnidad read aloud the complete text of
said Resolution (No. 68), and submitted his motion for
approval, and it was approved unanimously
- With Senate President Pro-Tempore Arranz again
occupying the Chair, after the respondent had yielded
it to him, Senator Sanidad introduced Resolution No.
67, entitled "Resolution declaring vacant the position of
the President of the Senate and designating the
Honorable Mariano Jesus Cuenco Acting President of
the Senate." it was unanimously approved
- Sen, Cuenco took the oath. The next day the
President of the Philippines recognized Senator Cuenco
as acting Senate President
- Avelino filed the instant quo warranto proceeding
asking the court to declare him the rightful senate
president
ISSUES
1. Does the Court have jurisdiction over the
subject matter? NO
2. If it has, were resolutions Nos. 68 and 67
validly approved?
3. Should the petition be granted?
HELD
Petition dismissed.
RATIO
1.
The Court has no jurisdiction because it is a political
question pertaining to the constitutional grant to the
senate to elect its own president
- if the majority of the Senators want petitioner to
preside, his remedy lies in the Senate Session Hall
not in the Supreme Court.
- The precedent of Werts vs. Rogers does not apply
because in that situation, there were two functioning
senates, and there is only one Philippine senate, and
the petitioner and his cohorts have not formed another
senate of their own
- the court also wants to abstain even more so that the
Chief Executive has recognized the acting senate
president
2.
- 2 subquestions moot because court has no
jurisdiction
(1) Was the session of the so-called rump Senate a
continuation of the session validly assembled with
twenty two Senators in the morning of February 21, one that depends exclusively upon the will of the
1949?; majority of the senators
(2) Was there a quorum in that session? - And at any Session hereafter held with thirteen or
more senators, the said 12 could ratify their acts and
- assuming that the SC has jurisdiction thereby place them beyond the shadow of a doubt.
- When the Constitution declares that a majority of
"each House" shall constitute a quorum, "the House"
does not mean "all" the members. Even a majority of
all the members constitute "the House".
- There is a difference between a majority of "all the
members of the House" and a majority of "the House",
the latter requiring less number than the first.
Therefore an absolute majority (12) of all the members
of the Senate less one (23), constitutes constitutional
majority of the Senate for the purpose of a quorum.
- twelve senators will support Senator Cuenco and, at
most, eleven will side with Senator Avelino, it would be
most injudicious to declare the latter as the rightful
President of the Senate, that office being essentially