Avelino vs. Cuenco

GR L-2821, 4 March 1949


FACTS: Senator Tañada and Senator Sanidad filed a resolution enumerating charges against the then Senate President Jose Avelino and ordering the investigation thereof. Before Senator Tañada could deliver his privilege speech to formulate charges against the incumbent Senate President, the petitioner, motu propio adjourned the session of the Senate and walked out with his followers, leaving twelve other members who continued meeting and elected the respondent, Marciano Jesus Cuenco, as Acting President. Avelino thereupon filed quo warranto proceedings against 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.

ISSUES:

(1) Does the Court have jurisdiction over the subject-matter?

(2) If it has, were resolution Nos. 68 and 67 validly approved?

HELD: The Supreme Court dismissed the petition on the ground that it involved a political question. In view of the separation of powers, the judiciary should not interfere nor take over a political nature of the controversy and the constitutional grant to the Senate of the power to elect its own president.

Supposing that the Court has jurisdiction, there is unanimity in the view that the minority of ten senators who left the Hall may not prevent the other twelve senators from passing a resolution that met with their unanimous endorsement. The answer might be different had the resolution been approved only by ten or less. Hence, the Court ruled inter alia that there was a constitutional majority of the Senate for the purpose of a quorum required by the Constitution for the transaction of the business of the Senate. Firstly because the minute say so, secondly, because at the beginning of such session there were at least fourteen senators including Senators Pendatun and Lopez, and thirdly because in view of the absence from the country of Senator Tomas Confesor twelve senators constitute a majority of twenty-three senators. When the Constitution declares that a majority of "each House" shall constitute a quorum, "the House: does not mean "all" the members. A majority of all the members constitute "the House". Thus, the Court found it injudicious to declare the petitioner as the rightful President of the Senate, since the office depends exclusively upon the will of the majority of the senators, the rule of the Senate about tenure of the President of that body being amenable at any time by that majority.