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Avelino vs. Cuenco G.R. No.

L-2821 March 4, 1949 Facts:

1. Senator Lorenzo M. Tanada requested that his right to speak on the floor on the next session
day to formulate changes against the then Senate President Jose Avelino be reserved. His request was approved. 2. During the session, all the Senators were present except for Senator Sotto who was confined in a hospital and Senator Confesor who was in the United States. 3. The petitioner and his followers kept on delaying the speech of Senator Tanada to the point of announcing that he would order the arrest of any senator who would speak without being previously recognized by him as a response to Senator Tanadas insistence. 4. Senator Pablo Angeles David, one of the petitioners followers, recognized by the petitioner, and he moved for adjournment of session. Senator Sanidad opposed and was seconded by Senator Cuenco who moved the motion of adjournment to be submitted to a vote. 5. The petitioner along with 6 of his followers walked out. Senator Arranz, the Senate President Pro-tempore, took the chair and proceeded with the session. He appointed Abad as Acting Secretary. 6. Senator Tanada finally delivered his privilege speech. Senator Sanidad read aloud the complete text of Resolution No. 68, and submitted his motion got approval and it was unanimously approved. 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 approved. 7. Petition asks the Court to declare him the rightful President of the Philippine Senate and oust respondents. Issue: Is the appointment of Cuenco valid in terms of the quorum? Held: Yes, the appointment is valid. Ratio: Since one of the senators is out of the country and he cannot be compelled to attend the meeting, the total members of the Senate should be reduced to 23 for the purpose of determining the quorum. Therefore, the majority is now 12 and since 12 approved the appointment of Cuenco, the appointment is valid.

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