High school teacher asks SC to affirm quorum in Gatchalian-led session

MANILA, Philippines—A high school teacher on Friday asked the Supreme Court to affirm the legality of the June 3 session in the Senate where a quorum was declared with only 12 senators and a reorganization of the chamber was held.

Invoking the high tribunal’s own 1949 ruling in Avelino v. Cuenco case, Barry Tayam filed a petition for certiorari with Senate President Alan Peter Cayetano and Senators Pia Cayetano and Loren Legarda as respondents for failing to recognize the new Senate majority and continuing to claim chairmanship posts of the committees. 

“I trust in the wisdom of the Honorable Justices to determine whether the respondents committed grave abuse of discretion,” Tayam said.

“This Court has long held that political questions do not insulate co-equal branches from judicial review when constitutional limits are breached,” he told the justices.

Tayam told the high tribunal, in his 20-page petition, that he was filing as a taxpayer and a registered voter.

It is the first filing in the high court over the issue, which has been the subject of public discourse among legal experts.

He argued that the ruling in the Avelino v. Cuenco case should be applied in the present 20th Congress, unless the Supreme Court reverses this position on the question of what constitutes a quorum with an incomplete Senate attendance.

Tayam, a senior high school teacher in a private school, also addressed criticisms that the Supreme Court ruled under the 1935 Constitution, saying that this argument is “entirely untenable and devoid of merit.”

He stressed that the question of quorum is identical in the 1935 and 1987 Charter, citing the said provision: “A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.”

Aside from the Supreme Court decision, Tayam also pointed to the May 5, 2015 session, where a 12-member quorum was also constituted after three senators were detained due to nonbailable charges and the rest were either on business or official trips. 

This, Tayam, said was similar to the situation in the June 3 as Sen. Jinggoy Estrada and Sen. Ronald “Bato” dela Rosa already outside the “Senate’s power to compel attendance.”

Estrada is held at the New Quezon City Jail for his plunder case, while dela Rosa is still on the run after a warrant for his arrest from the International Criminal Court (ICC) was made public. 

“Even if this Honorable Court adopts a conservative approach and includes Senator Dela Rosa within the active roster thereby adjusting the denominator to (23) members as seen in the factual backdrop of Avelino v. Cuenco the legal outcome remains identical: Quorum Threshold = (23/2) + 1 = 12,” said Tayam.

Tayam denied having any backing or sponsor in submitting the petition. 

“It’s my duty to protect the Constitution. It is my way of patriotism. I’m filing this to avoid confusion with the leadership of the Senate and so that their work, especially on important laws, finally resumes,” he told Inquirer in a message. /apl