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AVELINO VS.

CUENCO

Senator Jose Avelino, in a quo warranto proceeding, asked the court to declare him the rightful Senate President
and oust the respondent, Mariano Cuenco, contending that the latter had not been validly elected because twelve
members did not constitute a quorum – the majority required of the 24-member Senate.

Issue:
Was there a quorum constituting such session?

Ruling:
Yes. There were 23 senators considered to be in session that time (including Soto, excluding Confesor). Hence,
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 “all the
members of the House” and 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. Furthermore, even if the twelve did not constitute a quorum, they 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.

MOTION FOR RECONSIDERATION (filed by Avelino on March 14, 1949)


Avelino and his group (11 senators in all) insist that the SC take cognizance of the case and that they are willing
to bind themselves to the decision of the SC whether it be right or wrong. Avelino contends that there is no
constitutional quorum when Cuenco was elected president. There are 24 senators in all. Two are absentee
senators; one being confined and the other abroad but this does not change the number of senators nor does it
change the majority which if mathematically construed is ½ + 1; in this case 12 (half of 24) plus 1 or 13 NOT 12.
There being only 12 senators when Cuenco was elected unanimously there was no quorum.
The Supreme Court, by a vote of seven resolved to assume jurisdiction over the case in the light of subsequent
events which justify its intervention. The Chief Justice agrees with the result of the majority’s pronouncement
on the quorum upon the ground that, under the peculiar circumstances of the case, the constitutional requirement
in that regard has become a mere formalism, it appearing from the evidence that any new session with a quorum
would result in Cuenco’s election as Senate President, and that the Cuenco group, taking cue from the dissenting
opinions, has been trying to satisfy such formalism by issuing compulsory processes against senators of the
Avelino group, but to no avail, because of the Avelino’s persistent efforts to block all avenues to constitutional
processes. For this reason, the SC believes that the Cuenco group has done enough to satisfy the requirements
of the Constitution and that the majority’s ruling is in conformity with substantial justice and with the
requirements of public interest. Therefore Cuenco has been legally elected as Senate President and the petition
is dismissed.

Note: The basis in determining the existence of a quorum in the Senate shall be the total number of Senators
who are in the country and within the coercive jurisdiction of the Senate

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