[No.L2821.

March4,1949]

JOSE AVELINO, petitioner, vs. MARIANO J. CUENCO,

respondent.
1.CONSTITUTIONAL LAW SEPARATION OF POWERS SUPREME COURT HAS NO JURISDICTION OVER
SENATE CONTROVERSY FOR SELECTION OF PRESIDING OFFICER.The subject matter of
thisquowarrantoproceedingtodeclarepetitionertherightfulPresidentof
thePhilippineSenateandoustrespondentisnotwithinthejuris
d ictionof
theSupremeCourt,inviewoftheseparationofpowers,thepoliticalnatureof
thecontroversy(Alejandrinovs. Quezon46Phil.,83Veravs. Avelino, 77
Phil.,192Mabanagvs. LopezVito,78Phil.,1)andtheconstitutionalgrant
totheSenateofthepowertoelectitsownpresident,whichpowershouldnot
be interfered with nor taken over by the judiciary. The selection of the
presidingofficerofthePhilippineSenateaffectsonlythesenatorsthemselves
who are at liberty at any time to choose their officers, change or reinstate
them.
18

18

PHILIPPINE REPORTS ANNOTATED

Avelino vs. Cuenco

2.ID. ID. ID. CONSTITUTIONAL AND POLITICAL LAW SEPARATION OF POWERS WHEN MAY
SUPREME COURT ASSUME JURISDICTION OVER SENATE CONTROVERSY FOR SELECTION OF
PRESIDING OF
FICER.The Supreme Court assumed jurisdiction over this quo
warranto proceeding", in the light of events subsequent to the original
resolution.
3.ID. ID. ID. QUORUM OF PHILIPPINE SENATE.The Court held that there was a
quorum in the session of the Philippine Senate (composed of twentyfour
Senators) in which twelve Senators were present, one Senator being in the
UnitedStates.

ORIGINALACTIONintheSupremeCourt.Quowarranto.
Thefactsarestatedintheresolutionofthecourt.
VicenteJ.Franciscoforpetitioner.

Solicitor General Felix Angelo Bautista, Ramon Diokno and

LorenzoM.Taadaforrespondent.

I. SHORT TITLE: AVELINO v. CUENCO

II. FULL TITLE: Jose Avelino versus Mariano J. Cuenco,
G.R. No. L-2821, March 4, 1949
III. TOPIC: Quorum
IV. STATEMENT OF THE FACTS:
Senator Taada quested that his right to speak on the next session day to
formulate charges against Senator Avelino be reserved and his request was approved.
Senators Taada and Sanidad filed Resolution no. 68 which enumerates the charges
against Senator Avelino. Senator Avelino did not immediately open the session instead
he requested the resolution and read it. Senator Avelino called the meeting to order,
senator Taada invoked his right to deliver his privilege speech but petitioner ignored
him.
Some disorderly conduct broke out in the Senate. Senator Sanidad registered his
opposition to the adjournment of the session. However, commotion ensued. Senator
David reiterated his motion for adjournment. Suddenly, petitioner banged the gavel and
abandoned his chair leaving the hall together with other senators.
Senator Arranz became the Senate President Pro-tempore and the remaining
senators continued the session. Senator Taada finally is able to deliver his privilege
speech and read the text of Resolution No. 68 and submitted his motion for approval
and thereafter, the resolution was unanimously approved. Senator Sanidad introduced
Resolution No. 67 declaring the position of the president of the senate and designating
Senator Cuenco as acting senate president. The President of the Philippines
recognized respondent as acting senate president.
V. STATEMENT OF THE CASE
Petitioner asked the Court to declare him as the rightful president of the
Philippine Senate and oust respondent.
VI. ISSUE
1.) Whether or Not the Court has jurisdiction over the subject matter.
2.) Whether or Not Resolutions 67 and 68 are validly approved.
VII. RULING
1.) No, the Court has no jurisdiction over the subject matter. In view of the
separation of powers, the political nature of the controversy and the constitutional grant

to the Senate of the power to elect its own president, which power should not be
interfered with, nor taken over, by the judiciary.
2.) Yes, the resolutions are valid. The Constitution declares that a majority of
"each House" shall constitute a quorum, "the House: does not mean "all" the members.
Even a majority of all the members constitute "the House". There is unanimity in the
view that the session under Senator Arranz was a continuation of the morning session
and that a minority of ten senators may not, by leaving the Hall, prevent the other twelve
senators from passing a resolution that met with their unanimous endorsement. The
said twelve senators who approved the resolutions herein involved could ratify all their
acts and thereby place them beyond the shadow of a doubt.
VIII. DISPOSITIVE PORTION
The petition was dismissed by the Court. Without cost.