A new Senate majority unexpectedly emerged on Wednesday, with 12 senators electing Sen. Sherwin Gatchalian as Senate president pro tempore and acting Senate president, ending the chaotic three-week leadership of Sen. Alan Peter Cayetano.
The change occurred after the Cayetano bloc’s Sen. Francis Escudero showed up and joined the 11-member minority on the last session day before Congress was to go into sine die adjournment. The Cayetano bloc had been boycotting the session since Monday.
Escudero’s appearance at the session hall, which drew hugs and handshakes from the “Solid Bloc 11” led by Sen. Vicente Sotto III and surprised the people in the gallery, made him the 12th member of the new majority. The equation is now 12 led by Gatchalian and 11 led by Cayetano.
Because a leadership change in the chamber requires a vote of 13, Gatchalian was elected Senate president pro tempore and acting Senate president by the 12 senators, who said they now comprised the required quorum that can legally discharge functions. They cited Senate rules and practices, as well as Supreme Court jurisprudence, in making this determination.
Explaining why the 12 senators were compelled to convene the session, Gatchalian said the Senate was “on the brink of constitutional violation had we not convened today.” He said the Senate adjourned last May 26 and was supposed to return on June 1 and 2, but “the former Senate president failed to appear in both instances.”
Gatchalian cited Article VI Section 16(5) of the Constitution, which prohibits Congress from adjourning for more than three days without the consent of the other chamber.
He also said the quorum of 12 senators was based on “a majority of 22 senators over whom jurisdiction can be obtained by the Senate.” It was an apparent reference to the fact that two members of the chamber can no longer be part of the then majority: Sen. Jinggoy Estrada was arrested last Monday on suspicion of plunder in connection with the corruption in flood control projects, and Sen. Ronald “Bato” dela Rosa, who is wanted by the International Criminal Court based in The Hague on charges of crimes against humanity in Rodrigo Duterte’s “war on drugs,” is on the lam.
Gatchalian cited the Supreme Court ruling in Avelino vs Cuenco, “that an absolute majority of 12 out of 23 senators can constitute a constitutional majority of the Senate for the quorum purpose.” He said there was a precedent on this in the Senate session of May 5, 2015, “where the quorum was based on 17 available senators, with seven others beyond the Senate’s coercive jurisdiction.”
‘Back to work’
The chamber is “back to work for the Filipino people,” according to the members of the new Senate majority. “At a time when the nation faces pressing challenges, the Filipino people expect their Senate to work, deliberate, and fulfill its constitutional mandate,” they said in a statement.
“The institution cannot remain stalled by disagreements or uncertainty. Our duty is clear: to legislate, provide oversight, and serve the public interest,” they said, adding: “The Filipino people deserve a Senate that shows up, does its job, and places public service above politics. It is time for the Senate to move forward and get back to work for the Filipino people.”
Speaker Faustino Dy III immediately acknowledged and recognized the new Senate leadership. He congratulated Gatchalian “on behalf of the House of Representatives” for assuming “an important responsibility.”
“At a time when our nation looks to institutions for stability and leadership, a fully functioning Senate is essential to advancing legislation, exercising oversight, and upholding democratic governance,” Dy said.
In Malacañang, press officer Claire Castro said the development at the Senate was “in accordance with the law and the rule of law.” Reading from a statement, she said: “The Palace recognizes and respects the decision of the new majority and the leadership of Acting Senate President Sherwin Gatchalian.”
‘Illegal coup’
Cayetano, however, contested the move taken by the new Senate majority, claiming that he remains “the legitimate, legal and moral Senate president.”
“This is an illegal coup that comes with the trampling of our Constitution,” he said in a Facebook Live session. He also said the Senate blue ribbon committee will proceed on Thursday with its inquiry into the flood control corruption, and called on his supporters to hold a prayer vigil at the Senate grounds.
Cayetano later issued a memorandum informing Senate officials and personnel that his office “remains fully operational” and that he continues to exercise its powers. He also made it clear that the resumption of the Senate blue ribbon committee’s inquiry will take place as scheduled.
In its statement, the members of the new Senate majority thanked and praised Escudero “for tak[ing] the floor today and confront[ing] the issues facing the institution.”
“His action sent a clear message: that his commitment to the country, to the Senate, and to the Constitution would prevail above all else,” they said. His presence “enabled the Senate to proceed with the discussion of matters that are too important to be left unresolved and too consequential to be set aside,” they added.
Explaining his decision to join Sotto’s group, Escudero said he was “not taking sides” but “taking a stand for the Senate.”
“My allegiance is not to any faction, personality, group, or alliance. This is not about loyalty, betrayal, or choosing one group over the other—this is about duty,” he said in a statement.
He decried the Senate impasse as “untenable and unacceptable,” saying: “When political divisions become too extreme and obstruct our mandate, we must all have the courage to pause, gain perspective, reflect, consider, and realize that we should put the Senate, as the institution that we serve, above ourselves.”
Session called to order
Escudero entered the session hall shortly after 3 p.m., and was welcomed by Sotto and the 10 others.
Gatchalian immediately went to the rostrum and the session was called to order, drawing cheers from the gallery. He then asked for a minute of prayer, after which he requested a roll call of senators.
But Senate Secretary Jose Luis Montales refused to comply. This prompted Gatchalian to direct Deputy Senate Secretary Marivic Garcia to conduct the roll call, and she proceeded to do so.
With 12 senators present, Gatchalian declared a quorum, drawing yet another round of applause from the gallery.
Sotto then rose to declare all Senate positions vacant. When his motion was seconded and approved, he proceeded to nominate Gatchalian as Senate president pro tempore.
Sotto also nominated Sen. Miguel Zubiri as majority leader and chair of the Senate rules committee; his motion was duly seconded and approved. He then swore in Gatchalian as Senate president pro tempore.
On Zubiri’s nomination, Ray Bantug was elected Senate secretary and Alfredo Sotto Corpuz as Senate sergeant at arms.
New committee chairs
Also on Zubiri’s nomination, the following were elected as committee chairs:
• Sen. Erwin Tulfo, blue ribbon committee, and social justice, welfare and rural development committee
• Sen. Bam Aquino, basic education committee
• Sen. Risa Hontiveros, health and demography committee
• Sen. Panfilo Lacson, public order and dangerous drugs committee, and accounts committee
• Sen. Francis Escudero, urban planning, housing, and resettlement committee
• Sen. Vicente Sotto III, national defense and security, peace, unification, and reconciliation committee
• Sen. Raffy Tulfo, public services committee
• Sen. Francis Pangilinan, agriculture, food, and agrarian reform committee
• Sen. JV Ejercito, finance committee
• Sen. Lito Lapid, games and amusement committee
• Sen. Miguel Zubiri, rules committee and foreign relations committees
Speaking to reporters after the session, Sen. Erwin Tulfo said there will be no hearing of the old blue ribbon committee on Thursday.
Tulfo said that as the new committee chair, he will hold the inquiry into the flood control mess on June 8, and that all the senators are committee members.
Special session
Meanwhile, Sen. Panfilo Lacson said in a television interview on Wednesday night that he and his colleagues will ask for a special session of Congress to approve pending measures and act on pending matters at the Commission on Appointments.
The new majority also adopted a new rule that allows another senator to be elected by a majority of members present as the presiding officer of the Senate impeachment court
Senate Resolution No. 430 amends Rule II on the existing rules of procedure, which designate the Senate president as presiding officer of impeachment cases, except when the president himself/herself is on trial.
The Senate impeachment court is scheduled to begin the trial of Vice President Sara Duterte on July 6. CS
