Former Senate President Franklin Drilon emphasized the legal basis for the leadership changes that took place in the Senate on Thursday, citing the Supreme Court’s ruling in the Avelino vs. Cuenco.
According to Drilon, the ruling established that a quorum is determined by the number of senators who are available in the country and capable of attending Senate sessions.
A quorum was achieved after Francis Escudero arrived at the plenary session. Following this, Win Gatchalian presided over the session as the new Senate President Pro Tempore.
In an interview, Drilon noted that the Avelino vs. Cuenco ruling also served as a basis for Senate proceedings in 2015, when four senators were abroad and three others were detained, leaving only 17 senators available for quorum purposes.
He said the events that transpired were consistent with the Supreme Court ruling and with precedents established by previous Senate decisions.
As a result, Drilon said there is legal basis for the election of new committee chairpersons in the Senate.
He explained that 12 senators have the authority to declare all Senate positions vacant, including the position of Senate President. However, he clarified that under the Constitution, 13 votes are required to elect a Senate President, which means Gatchalian currently serves only as Acting Senate President.
Drilon concluded by saying that the Senate should now recognize and follow Gatchalian’s leadership in running the institution.
(PHOTO COURTESY: Senator Win Gatchalian | Facebook)
