Malacañang on Thursday defended the legality of the recent Senate leadership election, saying the process remains consistent with established legal precedent on determining quorum in exceptional circumstances.

During a Palace press briefing, a journalist asked whether the Senate vote was valid amid references to the 1949 Supreme Court ruling in Avelino v. Cuenco, which has been cited in discussions surrounding the computation of a working quorum.

In response, Palace Press Officer Undersecretary Claire Castro explained that similar principles had been applied in past Senate proceedings, including during the 2015 leadership period under then Senate President Franklin Drilon, when some members were abroad or unable to physically attend sessions.

Castro said the determination of the “recognized base number” is crucial in identifying a valid quorum, particularly when some senators are either detained or unavailable.

She cited the case of Sen. Jinggoy Estrada, who is currently detained, and Sen. Bato dela Rosa, whose whereabouts were also raised during the discussion.

“Dahil nakadetain si Sen. Jinggoy Estrada, definitely masasabi natin na 17… He is beyond coercive reach… At si Sen. Bato ay hanggang ngayon ay hindi natin alam kung nasaan… So definitely he is beyond coercive reach,” Castro said.

She explained that under this computation, the recognized base number may be adjusted to 22, making 12 senators sufficient to form a majority and establish a quorum, consistent with the doctrine applied in Avelino v. Cuenco.

“Lumabas na 22 ang recognized base number… 12 ay masasabi nating majority para mag-form ng isang quorum,” Castro added.

The Palace emphasized that the Senate’s internal procedures and adherence to legal precedents are key to ensuring the legitimacy of its actions, particularly in leadership transitions.