Cha Ferrer

not karla | this is now a taylor swift stan account

[Wimbledon @Wimbledon]

A grand statement. 🇵🇭

Alex Eala defeats defending champion Iga Swiatek 7-6(9), 6-2 with a stunning display on Centre Court

#Wimbledon

[Tessy | You're My Favorite Song | Reality TV @CollabS12PBB]

Yan this is a better rebuttal, hindi yung "History doesn't overrule plain text" (because this is categorically wrong - learn the law principle of "precedents")

To answer your hypothetical:
What's the solution - The Senate to force the Executive branch and undermine the Executive's authority and let the detained Senators attend? - that will open another set of problems.

---
Think of it this way.

In Avelino, the senator who was not counted was abroad. Technically, a senator abroad still has a possible way back: take a flight, return to Manila, attend the next session.

And yet, the Supreme Court still accepted the idea that because he could not participate at that moment, the Senate could be treated as having 23 active members instead of 24.

So if a senator abroad was given that consideration, why would a detained senator not be?

A senator abroad has a logistical problem.

A detained senator has a legal and physical restraint.

Mas mahirap makapunta sa plenary ang detained senator kaysa senator na nasa abroad. The senator abroad may still book a flight. The detained senator cannot simply walk out of custody and attend session.

So under the Avelino logic, the question is not - “Is the senator still alive or still elected?”

The better question is: “Can this senator actually participate in the Senate at that time?”

If the answer is no, then the Senate has a good-faith basis to treat its working membership as 23.

And if the working membership is 23, then 12 is a majority.

So no, Avelino is not a problem for the pro-Gatchalian camp. Avelino is their strongest legal anchor.

Because if the Court gave consideration to a senator abroad, then logically, it should give even stronger consideration to a senator who is detained and unable to attend.

[Tessy | You're My Favorite Song | Reality TV @CollabS12PBB]

Yes.

Because, the Constitution itself says "Quorum" is enough and defined by the Houses themselves.

Himayin natin!

1987 Constitution Article VI, Section 16

1. The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. // Each House shall choose such other officers as it may deem necessary.

2. A majority of each House shall constitute a quorum to do business // but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

The first part of Sec 16(1) is a specific definition on how to elect a Senate President majority vote of all its respective members = 13 votes.

Sec 16(1) continues that the choosing of other officers is deemed on sole jurisdiction of the Houses. (ie: Senate ang masusunod kung paano sila mamimili ng officers)

Sec 16(2) answers your question directly. The Constitution says that "... constitute a quorum to do business..."

With Sec 16(1) and Sec 16(2) together: it essentially says... that quorum can affect whether the Senate can proceed with business, and that the Senate’s power over its internal proceedings is given very wide respect.

So based on this. who defines quorum?
Senate Rules.

Anong sabi ng Senate Rules:
Avelino v Cuenco 1949 is upheld for decades.

"The quorum can become 12 when the 24 becomes 23."

[Tessy | You're My Favorite Song | Reality TV @CollabS12PBB]

EXPLANATION
Why Avelino vs Cuenco 1949 is enough for a quorum of 12

Normally, the Senate has 24 senators, so quorum is 13.

Senate PH Rule II says that for Senate officers: they are elected by “majority vote of all its members.”

So if all 24 are counted, 12 is not enough.

But the anti-Cayetano camp’s argument comes from Avelino v. Cuenco, 1949.

In that case, the Supreme Court accepted the idea that because one senator was outside the country and could not participate, the Senate could be treated as having only 23 participating members. That made 12 a majority.

The Supreme Court said that “an absolute majority (12)” of the Senate “less one (23)” could be quorum, and Justice Feria explained that the count may be based on “actual members or incumbents” who are not incapacitated or outside the Senate’s jurisdiction.

Applied today: if Jinggoy Estrada is unable to participate because he is arrested, they can argue the working Senate is 23, not 24.

So 12 becomes quorum under Avelino logic.

Now add the Cayetano issue.

A Senate President is not the owner of the Senate.

The Senate Rules say the Senate normally meets at 3 PM on weekdays, unless the Senate decides otherwise.

If a session is postponed, the Senate President must consult the Majority and Minority Leaders. And the Senate President cannot just suspend or adjourn a session by himself without a motion or resolution approved by senators present, except in the specific postponement situation.

So if Cayetano refuses to preside or tries to stop the chamber from functioning, the anti-Cayetano camp can say - the chair cannot kill the chamber.

That is also consistent with Avelino v. Cuenco, 1949.

In that case, the Senate President abandoned the chair and did not attend.

Worse, Cayetano not only was absent, he did not designate a Presiding Officer either - the Senate is not functioning.

The anti-Cayetano senators continued, and the case records say the deliberate abandonment made it necessary for the remaining members to continue “in order NOT TO PARALYZE the functions of the Senate.”

So the anti-Cayetano camp’s legal theory is basically this:

(1) The Senate is bigger than Former SP Cayetano.

(2) If he refuses to preside, and enough senators are present, the Senate can still function.

(3) If Jinggoy cannot participate, Avelino gives them an argument that 12 is quorum.

(4) Once quorum exists, the Senate can act on its internal organization, including committees per the Senate Rules.

They are on stronger ground when reorganizing committees, because committees are part of Senate internal organization.

Rule X says permanent committees are formed by the Senate after organization, including the Committee on Rules (take notice, yan ang unang call to motion ni Sotto).

So what did Cayetano did wrong?
Essentially by refusing to attend the Senate or any of the presiding officers (ie: Former Pro Tempore Legarda, and Former Majority Leaders), the situation became more and more similar to Avelino v. Cuenco, 1949.

The former Majority could even argue that Avelino v. Cuenco, 1949 is a "special circumstance" . However, the similarities between then and now became more apparent with the former Majority leaders absence and made the arguments of the anti-Cayetano camp stronger.

With this, the new Majority got their quorum and they rearranged leadership.

So why only the leaderships and not the actual Senate Presidency?

So the pro-Cayetano camp can ask: "If you truly have quorum, and the majority of all members, why not also elect a Senate President?"

Short answer: Because of the Constitution.

The Constitution makes electing a new Senate President more sensitive because it specifically requires a “majority vote of all its respective Members” for that office.

The Constitution then separately says each House may choose “such other officers as it may deem necessary.”

For Senate President:
The Constitution itself sets the rule. The Senate President must be elected by “a majority vote of all its respective Members.”

For President Pro Tempore and other officers:
The Constitution does not give a specific voting threshold. It only says each House may choose “such other officers as it may deem necessary.” (Sec. 16)

It also says each House may determine its own rules.

That is where Senate Rule II comes in:
the Senate used its rule-making power to say its officers, including the President Pro Tempore, Secretary, and Sergeant-at-Arms, are elected by majority vote of all members.

LOGICAL DIFFERENCE:
So the Constitution does not dictate the definition of "all members" for other Senate officers - only for the Senate President.

Thus, the dictation and definition of "all members" lies on Senate Rules per the Constitution Sec. 16, "...as they deem necessary..."

But with Avelino v. Cuenco 1949 coming in...

The Senate PH has already defined "majority of all members" to be "active members of the Senate - that could participate"

In the ruling,
Justice Feria said the count may be based on the Senate’s “actual members or incumbents,” excluding those unable to discharge their duties because of death, incapacity, absence from jurisdiction, or other causes making attendance impossible (ie: arrest).

Feria treated the Senate as having 23 actual members, so 12 became a quorum and majority.

[Cha Ferrer @charlanferrer]

@PopCrave What

[Demi Base @DemiBase_]

Demi Lovato and Joe Jonas performing Wouldn't Change a Thing - (Live from MetLife Stadium)

[AFP News Agency @AFP]

Zelensky says 11 countries have asked Ukraine for help in how to counter Iranian drones.

Ukraine has to fend off nightly barrages of Iranian-designed Shahed attack drones launched by Russia, an ally of Tehran

https://t.co/zb4a1WM1Mg

[Sidhant Sibal @sidhant]

UAE President Sheikh Md bin Zayed Al Nahyan

'We are in time of war'

'Residents who live with us, they our guest, extended families'

'UAE has thick skin, bitter flesh. It is not an easy prey'

'We will emerge stronger'

[محمد بن زايد @MohamedBinZayed]

To all those who call the UAE home and guests in our beloved nation.

The UAE places its security and the protection of all citizens, residents, and visitors at the very top of its priorities. With God’s grace, the UAE is fully prepared to confront these threats.

I extend my deepest appreciation to our brave armed forces, our committed security services, and all national institutions and teams working tirelessly to keep our country safe. They represent the highest standards of readiness and cooperation. We are truly proud of them.

I would also like to underscore my sincere gratitude for the awareness shown by our community of Emiratis and our resident brothers and sisters, partners in this nation, who have expressed their genuine love and loyalty to the UAE through both words and actions. In the UAE, everyone is Emirati through their love for this land and their contributions to it.

May God have mercy on the victims and grant the injured a speedy recovery. With God’s blessing, the UAE—the land of Zayed—will remain strong in its unity, steadfast in defending its sovereignty, and steadily advancing towards the future.

[The Spectator Index @spectatorindex]

BREAKING: Iran's president says attacks against neighboring countries will be stopped, 'unless attacks originate from there against Iran'.

[The Spectator Index @spectatorindex]

BREAKING: Iran's president says he apologizes to neighboring countries

[Cha Ferrer @charlanferrer]

Why the hosts were laughing?? What’s so funny?? And Anne should take it as a compliment???

Disgusting behavior.

[Decoy @22three7eleven]

BONG SUNTAY: ANNE CURTIS SHOULD TAKE MY REMARK AS A COMPLIMENT

📺 Storycon | @onenewsph

[NCEMA UAE @NCEMAUAE]

Air defense systems are currently responding to a missile threat. Please remain in a safe location and follow official channels for warnings and updates.

[Cha Ferrer @charlanferrer]

Sobrang unfair. Nakakagalit.

[ABS-CBN News @ABSCBNNews]

TINGNAN: Isiniwalat ni dating DPWH assistant engineer Brice Hernandez ang mga larawan ng limpak-limpak na salapi na 'for delivery' sa mga umano'y flood control project proponents ni dating district engineer Henry Alcantara.

LIVE: https://t.co/obPqavmwrE

[daniel @ohoneygotovegas]

demi lovato and joe jonas singing “this is me” wasn’t in my 2025 bingo card

[TIME @TIME]

Former Philippine President Duterte arrested on International Criminal Court warrant https://t.co/2GPVLktsyw

[David;⚡⁷ | VI A LADY GAGA @GAGAXBTS]

Lady Gaga performing a jazz version of her iconic song Applause is SNL history. #SNL50

[Punch Cat @PunchingCat]

she’s having a very stressful day 😔