03/06/2026
12 Senators, 24 Seats: Was There Really a Quorum?
To my dearest fellow Argaowanons, a blessed day to all of us.
Allow me to express and share my thoughts on the recent events that have transpired in the Senate of the Philippines.
As an ordinary Filipino just like you, I am saddened by the political exercise that has unfolded in the Senate of the Philippines before our very eyes.
First, the walk-out by the Minority Bloc (11 Senators) last May 26, 2026 when the Majority Bloc led by Senate President Allan Peter S. Cayetano thru Senator Rodante Marcoleta introduced an amendment on the Senate House Rules that would allow online participation on Senate Session, including on-line voting by Senators, during Plenary Session and even Committee Hearings without qualification as to the occurrence of extraordinary circumstances like fortuitous event and/or force majeure.
On June 1, 2026, Senator Jinggoy Estrada of the Majority Bloc was arrested by CIDG in the presence of SILG Jonvic Remulla over and above the protestation of Senate President Cayetano. On the same day, June 1, 2026, the Majority Bloc was a no-show during the scheduled Plenary Session resulting to absence of quorum. The same fate occurred on June 2, 2026.
However, on June 3, 2026, Senator Chiz Escudero of the Majority Bloc appeared on the scheduled Plenary Session together with the 11 Senators of the Minority Bloc.
With the presence of Sen. Escudero plus the 11 Senators of the Minority Bloc, those present deemed that they have attained a quorum and proceeded with the Roll Call and thereafter the acting Presiding Officer declared a quorum. Subsequently, those present conducted Plenary Session and proceeded with the election of Sen. Gatchalian as Senate President Pro Tempore, putting him at the helm in the absence of the erstwhile Senate President Allan Peter S. Cayetano.
For me, as a disciple of law and practitioner, what transpired today, June 3, 2026 before the Senate is something unprecedented. While the so-called Minority Bloc justified its action by referring similar incident before the Senate in 2015 with reference to the old case of "Avelino vs. Cuenco", it is my respectful and humble contention that the aforementioned justification by the Minority group does not hold water and do not find support and application under our present 1987 Constitution.
In this respect, it is my humble submission that there was NO Valid Quorum in the true legal sense of the word applying it in the context of the Senate composition vis-a-vis our present and subsisting Constitution.
There are 24 duly elected Senators sitting in the Senate. The fact that Sen. Jinggoy Estrada is now incarcerated does not divest him of being a Senator of the Republic of the Philippines. He is presumed innocent until proven otherwise, a fundamental right under the Bill of Rights in our Constitution. The same truism is applicable to Senator "Bato" dela Rosa. His being a fugitive in the eyes of the International Criminal Court does not unmake him as duly-elected Senator by the Filipino people.
Having said the foregoing, for purposes of determining quorum to conduct business as the Upper House (to contra distinguish it from the House of Representatives as the Lower House) of Congress, I honestly opined that the formula should be 24-Member Senate divided 2 plus 1 equals (=) 13.
Thus the presence of 12 Senators today, June 3, 2026 does not and cannot constitute quorum in its true legal sense of the word. This is just my own humble legal view and position which anyone may freely disagree.
Upon the other hand, I am equally and continually baffled why the Majority Bloc lead by Senate President Cayetano continues to boycott the scheduled regular Session of the Senate to the detriment of the entire Filipino nation to whom they are duty-bound to serve.
I understand the worries of the Majority Bloc. The passage of certain measures before the Senate is premised on “simple majority” in the event of "division of the house". Simple majority means the majority based on the number of Senators present constituting a quorum. The Majority Bloc of Senate President Cayetano is worried that whatever measure the Majority Bloc would be pushing will be blocked by the minority bloc through “simple majority” in the event of division of the house (e.g. Minority Bloc has originally 11 warm bodies of Senators and just today it becomes 12 with the transfer of Sen. Escudero from the Majority to the Minority Bloc compared to the original 11 warm bodies of Senators in the Majority Bloc that is now reduced to 10 Senators, thus the Bloc of Senate President Cayetano can easily be blocked by the now 12-Member Senators of then Minority Bloc).
Be that as it may, however, Senate President Cayetano and his group should not and must not shrink and abandon its solemn duty of serving the Filipino people by attending and participating in the Plenary Session. All their worries, apprehensions, and anticipations must not prevail over and above their solemn oath to serve the Filipino people without fear or favor.
Why would the group of Senator Cayetano be worried or apprehensive about what? To whom are they serving? Should it be the interest of one or few or should it be the collective indivisible interest of the entire Filipino nation? The same questions go to the group of then Senate President Tito Sotto.
I hope and pray that the Holy Spirit will hover on all our Senators. May GOD SAVE OUR COUNTRY AND ALL OF US FILIPINO PEOPLE.
