JOSE AVELINO V.

MARIANO CUENCO
G.R. NO. L-2821, 04 MARCH 1949

PONENTE: Per curiam

COURT DECIDING: En Banc

RELIEF: For the Court to declare the petitioner as the rightful President of the Philippine Senate
and oust respondent in the quo warranto proceeding

DOCTRINE: A quorum is reached

SUMMARY:

Senator Avelino, as the Senate President, prevented Senator Taada from delivering a privilege
speech regarding the resolution enumerating the chargest against Senator Avelino and ordering
the investigation thereof. Given the disorder during the session, Avelino and his followers in the
Senate walked out as a result. The remaining then voted Cuenco as the new Senate President,
which was then approved by the President. Noting that out of 24 Senators, 1 was in America,
another was in the hospital, and a number of Senators walking out of the session with him, Avelino
questioned the legitimacy of decision reached in electing the new SP. The Court denied the
petition given that it was evident that a quorum has been reached.

FACTS:
On 18 February 1949, Senator Taada requested for a privileged speech to be done
in the next session to present Resolution No. 68 enumerating the charges against
Senate President Jose Avelino and ordering the investigation thereof.
Senator Avelino employed dilatory tactics to prevent Senator Taada from delivering
his privilege speech, such as blocking the long established practice of dispensing the
roll call and reading the minutes of the previous session.
Senator Taada repeatedly stood up to claim his right to deliver his one-hour privilege
speech, but the Senate President continuously ignored him and even announced that
he would order the arrest of any senator who would speak without being previously
recognized by him.
Disorderly conduct broke out in the Senate gallery, which prompted Senator David,
one of Avelinos followers, to move for the adjournment of the session, evidently in
accordance with the conspiracy to prevent Taada from delivering his speech.
Senator Sanidad registered his opposition to the adjournment, which was seconded
by respondent Cuenco who moved that the motion of adjournment be submitted to a
vote, which resulted to another commotion.
Due to the disorder in the session, Avelino banged the gavel, abandoned the Chair,
and hurriedly walked out of the session hall with his followers. Senator Cabili then
stood up and asked that it be made of record that the deliberate abandonment of the
SP made it incumbent upon the remaining Senators, led by Senate President Pro-
tempore Arranz, to continue the session in order not to paralyze the functions of the
Senate. Senate President Pro-tempore Arranz then suggested for Cuenco to be
 designated to preside over the session, which was carried by the remaining Senators
unanimously.
After Senator Tanada read Resolution 68 which was unanimously approved, Senator
Sanidad introduced Resolution No. 67 entitled Resolution declaring vacant the
position of the President of the Senate and designated the Honorable Mariano
Cuenco Acting President of the Senate, which was also unanimously approved. The
next day, the President recognized the respondent as the acting president of the
Senate. This resulted to Avelinos petition in the quo warranto proceeding, asking the
Court to declare him the rightful President of the Senate and ousing the respondent.
ISSUE: WON there was a quorum in the session after Avelino and his followers walked out of the
session; WON Resolution Nos. 68 and 67 were validly approved given the questioned legitimacy
of the quorum.

HELD: The petition was denied, given that there is unanimity in the view that the session under
Senate President Arranz was a continuation of the morning session, thereby meeting the
requirements of a quorum.

RATIO:

A minority of ten senators walking out of the Hall does not prevent the other 12 senators from
passing a resolution that met with their unanimous endorsement. If the remaining Senators were
not considered a continuation of the morning session where quorum was met, the majority
required by the Constituion for the transaction of the business of the Senate was still met. In view
of Senator Confesors absence from the country, 12 senators constitute a majority of the Senate.