Author: Marielle Corpin
Avelino v. Cuenco  The petitioner announced that he would order the arrest of any
Petition: To declare petitioner the rightful Senate President and oust
respondent.
Petitioner: Jose Avelino – the former Senate President
Respondent: Mariano Cuenco – the new Senate President thru Resolution
No. 67
DOCTRINE:
When the Constitution declares that a majority of "each House" shall
constitute a quorum, "the House: does not mean "all" the members. Even a
majority of all the members constitute "the House". There is a difference
between a majority of "the House", the latter requiring less number than the
first. Therefore an absolute majority (12) of all the members of the Senate
less one (23), constitutes constitutional majority of the Senate for the
purpose of a quorum.
FACTS:
 On February 21, 1949, Senator Tañada and Senator Prospero
Sanidad filed with the Secretary of the Senate a resolution
enumerating charges against the then Senate President and
ordering the investigation thereof. (Mentioned in the dissent, the
petitioner delivered a speech wherein he advocated the protection of,
or at least, tolerance, of graft and corruption in the government and
placed the interest of grafters and corrupt officials as supreme and
above the welfare of the people, doctrine under which it is impossible
for an honest and clean government to exist )
 During the session, all senators were present except Senator Sotto
who was confined in a hospital and Senator Confesor who is in the
United States
 Petitioner was late and procrastinated in opening the session by
taking all his time in reading first the Tanada and Sanidad resolution,
conferring with Senators Cuenco and Sanidad and in not calling to
order the members of the senate.
 Senator Sanidad moved that the roll call and the reading of the
minutes be dispensed with but Senator Tirona and Senator David
opposed said motion, obviously in pursuance of a premeditated plan
of petitioner and his partisans to make use of dilatory tactics to
prevent Senator Tañada from delivering his privilege speech.
 Before and after the roll call and the reading of the minutes, Senator
Tañada repeatedly stood up to claim his right to deliver his one-hour
privilege speech but the petitioner, then presiding, continuously
ignored him.
senator who would speak without being previously recognized by
him.
 At this juncture, some disorderly conduct broke out in the Senate
gallery, as if by pre-arrangement (Mentioned in the dissent, there
were fights and gunshots). At about this same time Senator Pablo
Angeles David, was recognized by petitioner, and he moved for
adjournment of session
 Senator Sanidad and respondent registered their opposition to the
adjournment and moved that the motion of Senator David be
submitted to a vote.
 Suddenly, the petitioner banged the gavel and abandoning the Chair
hurriedly walked out of the session hall followed by Vicente J.
Francisco, Fernando Lopez, Emiliano Tria Tirona, Pablo Angeles
David, Sulipada Pendatun, Ramon Torres, Enriquez Magalona,
Carlos Tan, and Olegario Clarin, while the rest of the senators
remained.
 Senator Melencio Arranz, Senate President Pro-tempore, urged by
those senators present took the Chair and proceeded with the
session.
 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),
and submitted his motion for approval thereof and the same was
unanimously approved.
 With Senate President Pro-tempore Arranz again occupying the
Chair, after the respondent had yielded it to him, Senator Sanidad
introduced Resolution No. 67, entitled "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 by the remaining 12
senators, 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 Philippine Senate.
ISSUES:
1. WoN the quorum assembled with 22 senators (only) is valid
2. WoN Resolution Nos. 67 and 68 are valid
Issue not related to the topic but I’ll just include for further info
3. WoN the court has jurisdiction over the case
PROVISION:
Article 5 Section 16 Paragraph 2
Author: Marielle Corpin
A majority of each House shall constitute a quorum to do business, but
a smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner and under such
penalties as such House may provide.
RULING + RATIO:
1. YES. Twelve senators constitute a majority of the Senate 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.
Even a majority of all the members constitute "the House". There is a
difference between a majority of "the House", the latter requiring less
number than the first. Therefore an absolute majority (12) of all the
members of the Senate less one (23), constitutes constitutional
majority of the Senate for the purpose of a quorum.
2. YES. There is unanimity in the view that the session under Senator
Arranz was a continuation of the morning session and that a minority
of ten senators may not, by leaving the Hall, prevent the other twelve
senators from passing a resolution that met with their unanimous
endorsement.
3. NO. The controversy is political in nature. The constitutional grant to
the Senate of the power to elect its own president should not be
interfered with, nor taken over, by the judiciary. It is furthermore
believed that the recognition accorded by the Chief Executive to the
respondent makes it advisable, more than ever, to adopt the hands-
off policy wisely enunciated by this Court in matters of similar nature.
DISPOSITION: The Court by a vote of six justices against four resolved to
deny the petition.
DISSENTING OPINION: (**IMPORTANT TO KNOW)
Perfecto, J.
 The rump session held by twelve Senators, the respondent and his
supporters, after petitioner and his nine supporters had walked out
from the session hall, had no constitutional quorum to transact
business. The majority mentioned in the provision cannot be other
than the majority of the actual members of the Senate. The words
"each House" in the above provision refer to the full membership of
each chamber of Congress.
 The Senate was and actually is composed of 24 Senators, and a
majority of them cannot be less than thirteen. Twelve is only half of
twenty-four. Nowhere and at no time has one-half even been the
majority. Majority necessarily has to be more than one-half.
 The resolution declaring vacant the position of the President of the
Senate and choosing respondent as acting President of the Senate,
has been adopted in contravention of the Constitution for lack
of quorum. The fact that respondent has been designated only as
acting President of the Senate, a position not contemplated by the
Constitution or by Republic Act No. 181 on presidential succession,
so much so that his position in acting capacity, according to his own
counsel, would not entitle respondent to succeed to the position of
the President of the Philippines, emphasizes the invalidity of
respondent's election.
Tuason, J.
 It appears to me that the basis for computing a quorum of the
Senate is the number of senators who have been elected and
duly qualified and who have not ceased to be senators by death
or legal disqualification. If this were not so, what is the standard
of computation? No satisfactory, reasonable alternative has been
or can be offered.
 Absence abroad cannot be a disqualification unless by such
absence, under the Constitution, a member of the Senate loses
his office, emoluments, and other prerogatives, temporarily or
permanently. There is no claim that this happens when a
senators' presence at the session be the criterion, then serious
illness or being in a remote island with which Manila has no
regular means of communication should operate to eliminate the
sick or absent members from the counting for the purpose of
determining the presence of a majority.