Loren Legarda insists Senate leadership reorganization ‘invalid’

[Updated June 3, 2026, 9:49 p.m.]

MANILA, Philippines — Sen. Loren Legarda on Wednesday maintained that the Senate leadership reorganization done without her and the rest of her senator-allies was invalid as they failed to reach the required 13 votes, citing the 1987 Constitution.

Legarda made the pronouncement as the new Senate majority convened on Wednesday after two days of canceled sessions due to the former majority’s absence, including former Senate President Alan Peter Cayetano.

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

The new majority reorganized the Senate leadership, now consisting of Senate President Pro Tempore Sherwin Gatchalian, Majority Leader Migz Zubiri, Sens. Francis Escudero, Bam Aquino, Erwin Tulfo, Raffy Tulfo, Risa Hontiveros, Kiko Pangilinan, Lito Lapid, Panfilo Lacson, and Vicente “Tito” Sotto III.

However, Legarda—who still referred to herself as Senate president pro tempore in a statement—pointed out that no senator can validly act as Senate President on the strength of only twelve votes.

This as she cited Under Article VI, Section 16(1) of the 1987 Constitution, which states that “the Senate shall elect its President by a majority vote of all its respective Members.” 

“Since the Senate is composed of twenty-four Senators, that majority is thirteen. By the fact that the Senators present did not have thirteen votes, they could not validly elect a Senate President or authorize any Senator to act as Senate President,” said Legarda.

She also stressed that other positions like Senate president pro tempore, Senate secretary and Sergeant-at-Arms, also required at least 13 votes under Rule II, Section 2 of the Rules of the Senate.

“When the Constitution and the rules are clear, these must be applied as written,” Legarda stressed.

“The Senate is composed of twenty-four members. A majority of twenty-four is thirteen. Without thirteen senators present, the Senate cannot validly transact business,” she added.

The same logic also applied to changes in committee chairmanships, according to Legarda, as it would not be valid without a quorum of 13 senators.

“The temporary absence of some members should not become a reason to lower their representation or weaken the mandate of the people who elected them,” Legarda said. 

“Until there is a vacancy, resignation, expulsion, final disqualification, or other legal basis recognized by law, their seats remain part of the Senate’s full membership.” 

With this, Legarda maintained that any proceeding conducted without the constitutionally required quorum “raises serious questions of validity and cannot be recognized as consistent with the clear mandate of the Constitution.”

READ: WATCH: Senate shakeup violates Constitution – Cayetano

Sen. Pia Cayetano likewise shared the same sentiments in a separate statement, also citing the 1987 Constitution and the rules of the Senate in needing 13 votes.

She also directly disputed citing the Supreme Court case of Avelino vs. Cuenco is considering 12 as the majority, stating that: “As any freshman law student knows, you can’t pull out the rationale of a case and use it to suit your needs. The specifics of the case are different.”

“12 is not 13. Even a Grade 1 student knows that,” she said.

Sen. Vicente “Tito” Sotto, for his part, hit back at senators from Alan Peter Cayetano’s bloc questioning the new changes by simply reminding them that there are currently only 22 senators.

“When does 13 become 12? It’s when 24 becomes 22!” said Sotto.

Meanwhile, Gatchalian earlier explained after the conclusion of the Wednesday session that the Senate was compelled to convene after Cayetano failed to appear during the scheduled resumption of sessions on Monday and Tuesday, which meant the Senate was on the brink of violating Article VI, Section 16(5) of the Constitution.

Article VI bars either chamber of Congress from adjourning for more than three days during session without the consent of the other house.

The new Senate president pro tempore and acting president also explained that the quorum of 12 was based on the majority number of 22 senators, citing a Supreme Court ruling in Avelino v. Cuenco.

To recall, Sen. Jinggoy Estrada and Sen. Ronald “Bato” dela Rosa cannot appear before the Senate in person as the former is currently detained due to plunder charges, while the latter remains in hiding amid an outstanding arrest warrant from the International Criminal Court. /mr