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Law Expert Affirms 12-Senator Quorum Valid Under Supreme Court Ruling

Manila: San Beda University Graduate School of Law Dean Fr. Ranhilio Aquino on Wednesday stated that the 12 senators who convened and elected new Senate officers acted within their rights, referencing the Supreme Court ruling in Avelino v. Cuenco. Aquino noted that the Senate faced an unusual situation after failing to hold sessions for two days due to the majority bloc's refusal to attend.

According to Philippines News Agency, Aquino explained that whether 12 senators constitute a quorum should be assessed considering the senators over whom the chamber can exercise jurisdiction. He mentioned that the Supreme Court ruling specifies that those not within the Senate's coercive powers are not counted when determining a majority.

Aquino emphasized that the Senate can compel absent members to attend sessions, but this does not apply to senators whose whereabouts are unknown, such as Sen. Ronald 'Bato' Dela Rosa. Dela Rosa's continued absence has been a point of contention in the quorum dispute. Aquino clarified that if Dela Rosa is not counted, the 12 present senators form a majority, thus allowing the session to proceed lawfully.

Regarding Sen. Alan Peter Cayetano's status as Senate President, Aquino stated that Cayetano could no longer claim the post if he lacked majority support. He pointed out that Cayetano's bloc had 12 senators with Sen. Francis 'Chiz' Escudero but was reduced to 11 after Escudero joined the opposing group. Without Dela Rosa, Cayetano's faction falls short of a majority, which undermines his claim to the presidency.

Aquino also addressed the Senate Blue Ribbon Committee hearing on the flood control inquiry, suggesting that the new committee chair should preside if leadership had changed. He noted that Sen. Pia Cayetano should not call a Blue Ribbon meeting if the chairmanship had been transferred to Sen. Erwin Tulfo.