The document discusses a case where the Senate President continuously ignored a senator trying to give a privilege speech, causing disorder. The remaining senators then resolved that the position was vacant and elected a new Senate President. The Supreme Court ruled that it would not interfere with the Senate's selection of its presiding officer and that a majority of senators present constituted a quorum.
The document discusses a case where the Senate President continuously ignored a senator trying to give a privilege speech, causing disorder. The remaining senators then resolved that the position was vacant and elected a new Senate President. The Supreme Court ruled that it would not interfere with the Senate's selection of its presiding officer and that a majority of senators present constituted a quorum.
The document discusses a case where the Senate President continuously ignored a senator trying to give a privilege speech, causing disorder. The remaining senators then resolved that the position was vacant and elected a new Senate President. The Supreme Court ruled that it would not interfere with the Senate's selection of its presiding officer and that a majority of senators present constituted a quorum.
The document discusses a case where the Senate President continuously ignored a senator trying to give a privilege speech, causing disorder. The remaining senators then resolved that the position was vacant and elected a new Senate President. The Supreme Court ruled that it would not interfere with the Senate's selection of its presiding officer and that a majority of senators present constituted a quorum.
Before and after the roll call and before and after 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, continuosly ignored him; and when after the reading of the Facts: minutes, Senator Tañada instead on being recognized by the Chair, the petitioner announced that he would order the arrest of any senator who would speak without being previously recognized by him, but all the while, tolerating the actions of his follower, Senator Tirona, who was continuously shouting at Senator Sanidad "Out of order!" everytime the latter would ask for recognition of Senator Tañada.
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 Present 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. 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, the said resolution was unanimously approved. Held: Senator Cuenco took the oath.
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.
| Page 1 of 2 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 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.
