Jose Avelino v. Mariano J.
Cuenco ISSUE:
March 4, 1949
FACTS:
- Sen. Lorenzo Tañ ada, along with Sen. Prospero Sanidad, filed
with the Secretary of the Senate Resolution No. 68,
enumerating charges and ordering an investigation against
Avelino.
- That same morning, a sufficient number of senators were
already present to constitute a quorum, but petitioner Avelino
did not immediately appear at the session hall. Neither did he
immediately open the session upon his appearance. Instead,
several delaying tactics were employed by the petitioner’s
colleagues, during which Tañ ada repeatedly demanded his
right to deliver his privilege speech. He was continuously
ignored by the petitioner.
- Following some disorder in the gallery, it was moved that the
session be adjourned, and such motion was supposed to be
submitted to a vote when Avelino hurriedly walked out of the
session hall with his followers.
- Twelve senators remained to continue the session, during
which they introduced Resolution No. 67. The resolution
declared the post of Senate President vacant and designated
respondent Sen. Mariano Cuenco to the position.
- This was unanimously approved by the remaining senators.
Cuenco took the oath, and was recognized the next day as the
President of the Senate of the Philippines by the Chief
Executive.
- In this petition, Avelino asked that the Court declare him the
rightful Senate President and oust respondent Cuenco.
A. Does the Court have jurisdiction over the matter at
hand? 

B. If it does, was the approval of Resolution Nos. 67 and
68 valid? 

HELD:
The Court voted to dismiss the petition on the following
grounds:
A. The Court ruled that it does not have jurisdiction.

 This is because of the separation of powers and the
political nature of the issue. The Constitution grants the
Senate the liberty to choose, change or reinstate their
officers, and the Court believed that this is a power that
“should not be interfered with, nor taken over, by the
judiciary.”
 The Court further believed that, given the recognition
the President of the Philippines has given to Cuenco as
the new Senate President, it is wise to adopt a “hands-
off policy” on the matter.
B. Supposing that the Court did have jurisdiction, the
resolution of the second issue was hinged on two questions:
1. Was the session in which only 12 members remained a
continuation of the session validly assembled 
that
same morning, with 22 senators? 

2. Was there a quorum in that session? 

 The Court unanimously believed that the session
following Avelino’s walk-out was a continuation of
the morning session. The minority of 10 senators who
left the session hall could not have prevented the
remaining 12 to pass a resolution that was
unanimously endorsed by the latter.
 As to the second question, the Court likewise believed
that the 12 senators constituted a quorum, since
their number represents a constitutional majority of
the Senate—an absolute majority (12) of the total
number of senators (24) less one (23).

 The Court further believed that since 12 senators had

shown support to Cuenco and 11 had sided with
Avelino, “it would be most injudicious to declare the
latter as the rightful President of the Senate.” GDR