Sen. Alan Peter Cayetano has invited Sen. Sherwin “Win” Gatchalian to a meeting in a bid to resolve the ongoing dispute over who is the legitimate Senate president.
In a Facebook livestream on Saturday, Cayetano said he is open to discussions to settle the leadership issue.
“I’ll offer you a solution, Senator Win. Mag-meeting tayo. May naiisip akong solusyon. Mahirap humanap ng solusyon kung sino ang tunay na Senate president kasi ’yung tatlong libro na hawak ko ay nagsasabing ang legitimate Senate president ay ’yung nahalal ng 13,” Cayetano said, referring to the Philippine Constitution, the Rules of the Senate, and the Bible.
The leadership row stems from a June 3 Senate session where 12 senators were present, including minority senators and Sen. Francis “Chiz” Escudero. A quorum was declared based on the Supreme Court ruling in Avelino v. Cuenco (1949), which held that an absolute majority of 12 may constitute a quorum under certain circumstances.
During that session, all Senate posts were declared vacant, and Gatchalian was elected Senate President Pro Tempore, later being recognized by the minority bloc as acting Senate President. Senate committee leaderships were also reorganized. A statement from the new majority said Cayetano is no longer Senate President.
However, Cayetano insisted he remains the “legitimate, legal and moral” Senate president, adding that the election of Senate officers requires 13 votes.
Sen. Loren Legarda also expressed a similar position, saying the 1949 Avelino v. Cuenco ruling was decided under the 1935 Constitution and may no longer apply under the 1987 Constitution.
“Dito, malinaw na labing tatlo ang kinakailangang boto para maghalal ng pangulo ng Senado, at parehong bilang din ang kinakailangan para sa pagboto ng mga opisyal,” Legarda said.
Gatchalian, meanwhile, said he respects Legarda’s opinion but pointed to other legal interpretations supporting the opposing view.
“Of course, we respect her opinion, but matibay rin ang opinion ng Integrated Bar of the Philippines, ‘yung association ng mga law school deans, of course, ‘yung mga former Senate presidents,” he said.
Cayetano also warned Gatchalian against being influenced by Malacañang or members of the new bloc.
“Mag-ingat si Sen. Win kasi maganda naman ang future niya. Huwag kang magpagamit sa Malacañang at doon sa mga kasamahan mo kahit binibigyan ka ng high position,” Cayetano said.
Citing a Supreme Court (SC) ruling, the Integrated Bar of the Philippines (IBP) on Thursday said that the Senate quorum that vacated all seats and installed Gatchalian as Senate President Pro Tempore was “lawful” and “valid,” despite contentions raised by other senators.
Malacañang, for its part, has recognized Gatchalian’s leadership, saying the developments in the Senate were in accordance with law and the rule of law.
