Senator Pia Cayetano on Wednesday questioned the legality of the Senate session attended by 12 senators, arguing that the Constitution requires 13 members to constitute a quorum.
In a statement, Cayetano cited Article VI of the 1987 Constitution, which states that the Senate is composed of 24 members and that a majority of each House shall constitute a quorum to do business.
She also pointed to Senate rules requiring that Senate officers be elected by a majority vote of all members.
“So today, when 12 senators convened and purportedly held session, how can that be valid?” Cayetano said.
The senator also disputed the use of the Supreme Court ruling in Avelino v. Cuenco to justify the proceedings, arguing that the circumstances of the case differ from the current Senate dispute.
“But as any freshman law student knows, you can’t pull out the rationale of a case and use it to suit your needs. The specifics of the case are different,” she said.
Cayetano cited constitutionalist Fr. Joaquin Bernas, who warned against an overly broad application of the ruling.
“12 is not 13. Alam ng Grade 1 student yan,” she added.
