Senate finally convened: Why and how?

BACK TO WORK. After two failed attempts to reconvene because of the absence of Senate President Alan Peter Cayetano and the rest of his 13-member bloc, the previous minority successfully reconvened the session on Wednesday, June 3, as Sen. Francis “Chiz” Escudero came to attend. PHOTO COURTESY OF SEN. RISA HONTIVEROS/FACEBOOK

The Senate resumed session Wednesday, June 3, despite the absence of senators allied with former Senate President Alan Peter Cayetano, with Senate President Pro Tempore Sherwin Gatchalian warning that continued inaction would put the chamber on the brink of a “constitutional violation.”

Only 11 senators were initially present when the session was called to order shortly after 3 p.m. Sen. Francis “Chiz” Escudero, considered part of Cayetano’s 13-member bloc, later arrived, bringing attendance to 12 — which Gatchalian said was enough for a quorum.

READ: Senate finally convenes amid alleged Cayetano-led group’s boycott

The session followed two failed attempts to reconvene after the Senate adjourned May 26. As Gatchalian noted, the Senate had been scheduled to resume on June 1 and June 2, but Cayetano, then Senate president, did not appear on both occasions, preventing the chamber from resuming regular session.

“We are compelled to call the session to order today,” Gatchalian said in a statement as he presided over the session, stressing that inaction threatened to breach constitutional limits on adjournment.

READ: Gatchalian elected Senate president pro tempore

Gatchalian cited Article VI, Section 16(5) of the 1987 Constitution, which states that neither chamber of Congress may adjourn for more than three days during session without the consent of the other chamber.

He argued that by Wednesday, lawmakers would be “on the brink of constitutional violation” if no session was held, saying senators who were present had an institutional obligation to reopen proceedings rather than allow the Senate to remain dormant indefinitely because of a leadership absence or political impasse.

READ: Alan Peter Cayetano ‘no longer SP’ – Senate majority

Election lawyer Romulo Macalintal said the move by the 12 senators to proceed with the session was “highly justified” under the Doctrine of Necessity.

“We cannot wait forever while a highly partisan majority forces the chamber into a state of suspended animation. The public is calling on our concerned senators to act, and their decisive steps will surely be vindicated by the people,” he said.

Macalintal said that by seizing the gavel to restore leadership, peace and order to the Senate, “these minority senators have indeed placed a high-stakes bet.”

“They are essentially telling the public: ‘Our actions may look extreme, but the majority’s inaction was a betrayal. Let us be answerable to you,’” Macalintal said.

READ: Dy congratulates Gatchalian, says fully functioning Senate needed

Under Senate rules and constitutional practice, a majority of members constitutes a quorum. Gatchalian, however, argued that the quorum should be computed not simply from the total number of senators, but from those over whom the Senate could realistically exercise jurisdiction.

Sen. Ronald “Bato” dela Rosa was absent again after an arrest warrant linked to an International Criminal Court case over the Duterte drug war, while Sen. Jinggoy Estrada was arrested Monday, June 1, for plunder tied to alleged flood-control kickbacks.

Gatchalian said the quorum was based on 22 senators, rather than the Senate’s full membership, producing a threshold of 12.

He said the interpretation was based on a Supreme Court ruling in Avelino v. Quenco, a dispute involving Senate leadership. In that case, he said, the court held that a constitutional majority may be computed based on members available to the chamber, recognizing that some senators may be outside the Senate’s coercive reach or otherwise unavailable.

Gatchalian also cited a May 5, 2015, Senate session in which quorum was reportedly computed based on 17 senators available to the chamber while seven others were considered beyond Senate jurisdiction. /dm