G.R. No.

L-2821 March 4, 1949

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

Short Title: Avelino vs Cuenco

Doctrine: Political Question; Quorum

FACTS:
In a session of the Senate, Senator Tañada’s request to deliver a
speech in order to formulate charges against the then Senate President
Avelino (petitioner) was approved. All the Senator were present except
Senator Sotto, who was confined in a hospital, and Senator Confesor who is
in the United States. Hours before the opening of the session Senator Tañada
and Senator Sanidad filed with the Secretary of the Senate a resolution
enumerating charges against the then Senate President and ordering the
investigation thereof. The Senate President, along with his supporters,
deliberately delayed and prevented Senator Tañada from delivering his
speech. Before Senator Tañada could deliver his privilege speech, the Senate
President motu proprio adjourned the session of the Senate and walked out
together with his supporters. The rest of the senators remained.

Senator Arranz, Senate President Pro-tempore, took the Chair and

proceeded with the session. As put in record, the deliberate abandonment
of the Chair by petitioner made it incumbent upon Senate President Pro-
tempore Arranz and the remaining members of the Senate to continue the
session in order not to paralyze the functions of the Senate. Senate President
Pro-tempore Arranz suggested that Senator Cuenco (respondent) be
designated to preside over the session which suggestion was carried
unanimously. The respondent, thereupon, took the Chair.

Senator Tañada, after being recognized by the Chair, was then finally
able to deliver his privilege speech. Thereafter, Senator Sanidad read aloud
the complete text of said Resolution No. 68 (Resolution ordering the
investigation of charges filed against the Senate President Jose Avelino), and
submitted his motion for approval thereof and the same was unanimously
approved. Senator Sanidad introduced Resolution No. 67 (Resolution
declaring vacant the position of the President of the Senate and designated
the Honorable Mariano Jesus Cuenco Acting President of the Senate). Put to
a vote, the said resolution was unanimously approved. Senator Cuenco took
the oath. The next day, the President of the Philippines recognized the
respondent as acting president of the Philippines Senate.

Senator Avelino, in a quo warranto proceeding, asked the court to

declare, him the rightful Senate President and oust the respondent, Cuenco,
contending that the latter had not been validly elected because twelve
members did not constitute a quorum (the majority required of the 24-
member Senate).

CALELAO, Kyla Ellen M.

ISSUES:
1.) WON the Court has jurisdiction over the subject-matter
2.) If the Court has jurisdiction, WON Resolution Nos. 68 and 67 were
validly approved
3.) WON the petition be granted

RULING:
1.) No. The Supreme Court has no jurisdiction over the case. Should the
Court will take cognizance over the case, the Court will be against the
doctrine of 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. Suppose the Court has jurisdiction, Resolution Nos. 68 and 67
were validly approved. During the said session, there was the majority
required by the Constitution for the transaction of the business of the
Senate. In view of the absence from the country of Senator Confesor,
twelve senators constitute a majority of the Senate of twenty-three
senators. Thus, an absolute majority of (12) of all the members of the
Senate less one (23) constitutes a constitutional majority of the Senate
for the purpose of a quorum.

3.) No. The Court adopts a hands-off policy on this matter. It would be
most injudicious to declare the latter as the rightful President of the
Senate since that office being essentially one that depends exclusively
upon the will of the majority of the senators, and the rule of the Senate
about tenure of the President of that body amenable at any time by
that majority.

CALELAO, Kyla Ellen M.