Former Senate President Franklin Drilon clarified that Sen. Alan Peter Cayetano remains Senate President in title, while Sen. Sherwin “Win” Gatchalian should be considered acting Senate President following a leadership dispute in the chamber.
Speaking on DZRH’s “Dos Por Dos,” Drilon explained that Gatchalian assumed the role in an acting capacity after 12 senators declared all Senate leadership positions vacant in an effort to break a legislative impasse.
Drilon, a three-time Senate President who also served as majority leader, minority leader, and Senate President pro tempore, said the chamber cannot elect a permanent Senate President without at least 13 votes.
“Si Win Gatchalian, sa aking tingin, ang acting Senate President. Iyan ay dahil hindi ka pwedeng maghalal ng isang Senate President permanently kung wala kang 13 boto.”
He explained that while the group of 12 senators had enough votes to declare the leadership posts vacant, this number is still short of the majority required to formally elect a new Senate President in the 24-member chamber.
Under Senate rules, the Senate President pro tempore assumes the duties of the Senate President when the position becomes vacant. Gatchalian previously held this post, allowing him to take on the role in an acting capacity.
The leadership dispute comes after the Senate failed to hold sessions for two consecutive days due to the absence of several members, raising concerns over its ability to function, including on a pending impeachment trial.
Drilon said the move to declare the positions vacant was necessary to allow the Senate to function.
“Ultimately, ang Korte Suprema ang siyang magpapasiya, ngunit kailangan ang nangyari kahapon dahil hindi naman puwedeng naka-impasse ang ating Senado habang buhay.”
He cited the Supreme Court ruling in Avelino v. Cuenco, as well as a precedent during his tenure in 2015, to support the position that quorum and majority may be based on the number of senators able to perform their duties.
Drilon said the group backing Gatchalian considers only 22 senators as available, citing one detained lawmaker and another who is in hiding, effectively lowering the number needed for a majority to 12 for certain actions, such as declaring posts vacant.
However, he stressed that the constitutional requirement of 13 votes to elect a Senate President remains.
“Dineklara na vacant ng labing-dalawang senador ang lahat ng posisyon, pati ang Senate President. Kaya nagkaroon ng vacancy.”
“Kaya naging acting Senate President si Win Gatchalian dahil hindi sila makapaghalal ng regular Senate President at walang 13 boto,” the former Senate President added.
Drilon also noted that while Cayetano may continue to assert his position, recognition ultimately depends on the support of the majority of senators and the Senate bureaucracy.
“Wala pong makakapigil kay Sen. Alan na ideklara ang sarili niya bilang Senate President. Pero ang mangyayari talaga, hindi siya ire-recognize ng mas maraming senador at ng burukrasya sa Senado.”
