Legarda says Senate leadership changes unconstitutional

MANILA, Philippines — Senate President Pro Tempore Loren Legarda on Saturday questioned the legality of recent leadership changes in the Senate, arguing that the appointment of key Senate officers and committee chairpersons violated the Constitution and the chamber’s rules because only 12 senators were present to vote.

In a statement, Legarda said the 1987 Constitution requires a majority vote of all Senate members to elect a Senate president and other Senate officers.

Quoting Article VI, Section 16 of the Constitution, Legarda noted that “The Senate shall elect its President by a majority vote of all its Members.”

According to Legarda, the Senate’s 24 elected members mean that at least 13 votes are needed to constitute a majority.

She also cited Rule II, Section 2 of the Senate Rules, which states that Senate officers must be elected by “the majority vote of all its members.”

“The officers of the Senate shall be elected by the majority vote of all its members,” Legarda said, referring to the positions of Senate president, Senate president pro tempore, Senate secretary, and sergeant-at-arms.

Legarda argued that the appointment of the Senate president pro tempore, Senate secretary, and sergeant-at-arms was unconstitutional because only 12 senators were present in the plenary session.

“One vote short” of the required majority, she said, invalidated the changes in Senate leadership.

The veteran lawmaker likewise questioned the declaration of vacancies and appointment of new committee chairpersons, saying the Constitution requires a majority of each chamber, or 13 senators, to constitute a quorum for official Senate business.

Legarda also rejected comparisons to the 1949 Supreme Court case Avelino v. Cuenco, which some lawmakers have cited to support the leadership reorganization.

She said the ruling was decided under the 1935 Constitution and should not be used to override the provisions of the 1987 Constitution.

“If we accept that the number of senators required for the election of officers and the reorganization of the Senate can simply be reduced, it will have a significant impact on the operations of the chamber,” Legarda said.

She warned that future Senate reorganizations could be carried out whenever senators are absent due to illness, travel, detention, or other reasons.

“The Constitution is the guide of our democracy. It is what we must defend for the Senate, for our institutions, and above all, for every Filipino,” she said. /dm