Legislative Department- Powers

G.R. No. L-2821, March 4, 1949

JOSE AVELINO, petitioner,

vs.
MARIANO J. CUENCO, respondent.

FACTS:

In the session of the Senate of February 18, 1949, Senator Lorenzo Taada requested that his
privilege to speak on the next session (February 21, 1949) to formulate charges against the then
Senate President Jose Avelino be reserved. His request was approved. On the next session
however, Avelino delayed the opening of the session for about two hours. Upon insistent demand
by Cuenco and Sanidad, Avelino was forced to open the session. With the leadership of the
Senate President followed by his supporters, they deliberately tried to delay and prevent Tanada
from delivering his speech. The Senate President with his supporters employed delaying tactics,
Avelinos camp then moved to adjourn the session due to the disorder but Sanidad countered and
requested the said adjournment to be placed in voting the tried to adjourn the session then walked
out. The remaining twelve (12) senators who were left in the hall continued the session that
resulted in the approval of Resolution (No.67 and No. 68). The members of the senate left
continued the session and Senator Cuenco was appointed as the Acting President of the Senate
and was recognized the next day by the President of the Philippines. On March 14, 1949, Avelino
filed a Motion for Reconsideration and then filed a quo warranto proceeding before the Supreme
Court to declare him as the rightful Senate President. Avelino contends that there is no
constitutional quorum when Cuenco was elected president. There being only 12 senators when
Cuenco was elected unanimously there was no quorum.

ISSUE:

Whether or not the Supreme Court has jurisdiction over the case.

RULING:

The Court has NO jurisdiction of the case because the subject matter is political in nature and in
doing so, the court will be against the doctrine of separation of powers. The Constitutional grant
to the Senate of the power to elect its own president in which power should not be interfered
with, nor taken over, by the judiciary. The selection of the presiding officer affects only the
Senators themselves who are at liberty at any time to choose their officers, change or reinstate
them. Section 16 (1), Article VI of the Constitution states that the Senate shall elect its
President and the House of Representatives its Speaker, by a majority vote of all its respective
Members." Art. 3 (4) Title VI of the Constitution of 1935 provided that "the majority of all the
members of the National Assembly constitute a quorum to do business" and the fact that said
provision was amended in the Constitution of 1939, so as to read "a majority of each House shall
constitute a quorum to do business," Sec. 5 (5) Title VI of the original Constitution which
required "concurrence of two-thirds of the members of the National Assembly to expel a member"
was amended by Sec. 10 (3) Article VI of the present Constitution, so as to require "the
concurrence of two-thirds of all the members of each House".

HELD:

By a vote of six justices against four resolved to deny the petition. Therefore Cuenco has been
legally elected as Senate President.