MANILA, Philippines — A group of legal scholars, law deans, and political thinkers has defended the legality of the controversial June 3 Senate session, arguing that a quorum does not necessarily require the presence of 13 senators and that legislative operations should not be paralyzed by rigid interpretations of constitutional provisions.
The statement comes amid ongoing disputes over the validity of the session that led to the designation of Senator Sherwin Gatchalian as acting Senate president pro tempore. Supporters of Senate President Alan Peter Cayetano have questioned the move, insisting that it lacked the constitutionally required quorum of 13 senators.
During the June 3 session, 11 senators from the minority bloc were present. The arrival of Senate President Francis Escudero allowed the chamber to proceed with its business, including the election of Gatchalian and other Senate officers.
In a manifesto released on Friday, the legal experts argued that democracy is sustained by keeping institutions functional and accountable rather than by adhering to what they described as a simplistic numerical interpretation of quorum requirements. They maintained that the Constitution’s provision defining a quorum as a majority of each House should be interpreted in light of practical realities when some members are unable to perform their legislative duties.
The scholars pointed out that Senator Ronald “Bato” dela Rosa has been unavailable due to legal circumstances, while Senator Jinggoy Estrada remains in detention, reducing the number of senators effectively able to participate in Senate proceedings. They argued that counting unavailable members in determining quorum could allow a small number of absent lawmakers to halt legislative work indefinitely.
To support their position, the group cited the landmark 1949 Supreme Court case Avelino v. Cuenco, in which the Court recognized 12 senators as constituting a majority of 23 active members. According to the scholars, the ruling demonstrated the Court’s willingness to consider political and institutional realities rather than relying solely on the chamber’s full membership count.
They also referenced a 2015 Senate precedent when then-Senate President Franklin Drilon declared a quorum with only 12 of 17 available senators present, due to the absence of several lawmakers who were either detained or on official travel.
Responding to arguments that 13 senators are always required for a quorum, the legal scholars stated that the figure is not a “magic number.” They argued that when 12 of 23 active senators voted to support Gatchalian’s appointment, the decision reflected the will of a majority of those available to discharge their duties.
The manifesto was signed by several prominent figures, including retired Supreme Court Justice Adolfo Azcuna, former University of the Philippines College of Law Dean Pacifico Agabin, San Beda Graduate School of Law professor Fr. Ranhilio Aquino, and Archbishop Socrates Villegas, among others.
The signatories also urged senators to end the ongoing leadership impasse and return their focus to pressing legislative matters, including the Senate’s constitutional responsibilities related to the impeachment proceedings involving Vice President Sara Duterte.
