Former Senate President Franklin Drilon said a move by 12 senators to declare leadership posts vacant and reorganize the chamber is supported by Supreme Court precedent.

In an interview on DZRH’s “Dos Por Dos,” Drilon cited Avelino v. Cuenco and his experience as previous Senate President as basis for its legality.

“Yung bilang po kung ilan ang Senador ay dapat doon lamang sa mga Senador na sakop ng jurisdiction ng Senado. Ibig sabihin wala sa labas, ibig sabihin pwedeng gampanan ang trabaho bilang Senador.”

He explained that the basis for determining a quorum should be the number of senators who are able to perform their duties, not the full 24-member chamber.

Drawing from his 2015 experience, Drilon said that when several senators were either detained or out of the country, the effective membership of the Senate was reduced, allowing a smaller number to constitute a quorum.

“Noong panahon ko noong March 2015, doon sa 24 na senador, mayroong 4 na nasa labas ng bansa at mayroong 3 nasa kulungan. Kaya ang bilang ng kabuoan ng Senado ay 17 senador lamang. At ang ruling ko noon ay labing dalawa ay quorum na. Ganun din ang nangyayari ngayon.”

Applying the same reasoning to the current situation, he said only 22 senators are considered “available,” making 12 votes sufficient to form a majority and take action.

He added that with a quorum established, the group of 12 senators had the authority to declare all Senate positions vacant, including that of the Senate president.

“Dahilan doon 22 ang nandoon, mayroon po silang quorum at mayroong kapangyarihan na i-declare na vacant ang lahat ng posisyon pati yung Senate President.”

However, Drilon clarified that while 12 votes may be enough to remove a Senate president, they are not sufficient to elect a new one permanently.

“Ang pagka-pangulo ng Senado ay dapat ihalal ng 13 senador, si Sen. Win Gatchalian ay acting Senate President lamang.”

Despite defending the move, Drilon reiterated that any legal challenge would ultimately be settled by the Supreme Court.