Avelino V Cuenco

FACTS: The petitioners, Senator Jose Avelino, in a quo warranto proceeding, aske d the court to declare him the rightful Senate President and oust the respondent , Mariano Cuenco. In a session of the Senate, Tanada s request to deliver a speech i n order to formulate charges against then Senate President Avelino was approved. With the leadership of the Senate President followed by his supporters, they de liberately tried to delay and prevent Tanada from delivering his speech. The SP with his supporters employed delaying tactics, the tried to adjourn the session then walked out. Only 12 Senators were left in the hall. The members of the sena te left continued the session and Senator Cuenco was appointed as the Acting Pre sident of the Senate and was recognized the next day by the President of the Phi lippines. ISSUES: 1. Whether or not the court has jurisdiction of the case. 2. Whether or not Resolutions 67 & 68 was validly approved. HELD: 1. The Court has no jurisdiction of the case because the subject matter is polit ical in nature and in doing so, the court will be against the doctrine of separa tion of powers. To the first question, the answer is in the negative, in view of the separation of powers, the political nature of the controversy (Alejandrino vs. Quezon, 46 Phil. 83; Vera vs. Avelino, 77 Phil. 192; Mabanag vs. Lopez Vito, 78 Phil. 1) and the constitutional grant to the Senate of the power to elect it s own president, which power should not be interfered with, nor taken over, by t he judiciary. We refused to take cognizance of the Vera case even if the rights of the electors of the suspended senators were alleged affected without any imme diate remedy. A fortiori we should abstain in this case because the selection of the presiding officer affect only the Senators themselves who are at liberty at any time to choose their officers, change or reinstate them. Anyway, if, as the petition must imply to be acceptable, the majority of the Senators want petitio not in the Supreme Co ner to preside, his remedy lies in the Senate Session Hall urt. 2. It was held that there is a quorum that 12 being the majority of 23. In fine, all the four justice agree that the Court being confronted with the practical s ituation that of the twenty three senators who may participate in the Senate del iberations in the days immediately after this decision, twelve senators will sup port Senator Cuenco and, at most, eleven will side with Senator Avelino, it woul d be most injudicious to declare the latter as the rightful President of the Sen ate, that office being essentially one that depends exclusively upon the will of the majority of the senators, the rule of the Senate about tenure of the Presid ent of that body being amenable at any time by that majority. And at any session hereafter held with thirteen or more senators, in order to avoid all controvers y arising from the divergence of opinion here about quorum and for the benefit o f all concerned,the said twelve senators who approved the resolutions herein inv olved could ratify all their acts and thereby place them beyond the shadow of a doubt.