Académique Documents
Professionnel Documents
Culture Documents
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.
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