Avelino v.

Cuenco

Summary Cases:

● Avelino vs. Cuenco

Subject: Power of Judicial Review, Quorum

Facts:

During a Senate session, when Senator Tanada was to give a privilege speech to formulate charges
against the then Senate President, petitioner herein, disorder ensued, when the petitioner continuously
ignored the senator and thus, prevented him from making his speech. At some point during the
commotion, the petitioner banged his gavel and walked out of the session hall. With him gone, the
remaining senators resolved that the position of the Senate President was vacant and thus succeeded in
electing the respondent as the new Senate President. At the time, all senators were president except for
two, one of whom was at the hospital, and another was in the United States. Thus, petitioner filed a
petition before the Supreme Court to oust the respondent and to have himself be declared as the rightful
Senate President.

Held:

Power of Judicial Review

1. The Court will not interfere with the election of a Senate President, because the selection of the
presiding officer affects only the Senators themselves who are at liberty at any time to choose their
officers, change or reinstate them.

2. If, the majority of the Senators want a particular member to preside, their remedy lies in the Senate
Session Hall — not in the Supreme Court.

3. The Court will not sally into the legitimate domain of the Senate on the plea that its refusal to intercede
might lead into a crisis, even a resolution.

4. No state of things has been proved that might change the temper of the Filipino people as a peaceful
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and law-abiding citizens. And the Court should not be allowed to be stampeded into a rash action
inconsistent with the calm that should characterized judicial deliberations.

Quorum

5. 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.

6. Even if twelve does not constitute a quorum, the senators could have ordered the arrest of one, at
least, of the absent members; if one had been so arrested, there would be no doubt Quorum then, and
Senator Cuenco would have been elected just the same inasmuch as there would be eleven for Cuenco,
one against and one abstained.

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