Avelino v. Cuenco

Avelino v. Cuenco

G.R. No. L-2821 March 4, 1949

Facts:

                In the session of the Senate of February 18, 1949, Senator Lorenzo M. Tañada requested that his right to speak on the next session day, February 21, 1949, to formulate charges against the then Senate President Jose Avelino be reserved. His request was approved.

On February 21, 1949, hours before the opening of the session Senator Tañada and Senator Tañada and Senator Prospero Sanidad filed with the Secretary of the Senate a resolution enumerating charges against the then Senate President and ordering the investigation thereof.

Although a sufficient number of senators to constitute a quorum were at the Senate session hall at the appointed time (10:00 A.M.), and the petitioner was already in his office, said petitioner delayed his appearance at the session hall until about 11:35 A.M. When he finally ascended the rostrum, he did not immediately open the session, but instead requested from the Secretary a copy of the resolution submitted by Senators Tañada and Sanidad and in the presence of the public he read slowly and carefully said resolution, after which he called and conferred with his colleagues Senator Francisco and Tirona.

Shortly before 12:00 noon, due to the session being opened, the petitioner finally called the meeting to order. Except Senator Sotto who was confined in a hospital and Senator Confesor who is in the United States, all the Senator were present.

Senator Sanidad, following a long established practice, moved that the roll call be dispensed with, but Senator Tirona opposed said motion, obviously in pursuance of a premeditated plan of petitioner and his partisans to make use of dilatory tactics to prevent Senator Tañada from delivering his privilege speech. The roll was called.

Senator Sanidad next moved, as is the usual practice, to dispense with the reading of the minutes, but this motion was likewise opposed by Senator Tirona and David, evidently, again, in pursuance of the above-mentioned conspiracy.

Before and after the roll call and before and after the reading of the minutes, Senator Tañada repeatedly stood up to claim his right to deliver his one-hour privilege speech but the petitioner, then presiding, continuosly ignored him; and when after the reading of the minutes, Senator Tañada instead of being recognized by the Chair, the petitioner announced that he would order the arrest of any senator who would speak without being previously recognized by him, but all the while, tolerating the actions of his follower, Senator Tirona, who was continuously shouting at Senator Sanidad “Out of order!” everytime the latter would ask for recognition of Senator Tañada.

At this juncture, some disorderly conduct broke out in the Senate gallery, as if by pre-arrangement. At about this same time Senator Pablo Angeles David, one of the petitioner’s followers, was recognized by petitioner, and he moved for adjournment of session, evidently, again, in pursuance of the above-mentioned conspiracy to muzzle Senator Tañada.

Senator Sanidad registered his opposition to the adjournment of the session and this opposition was seconded by herein respondent who moved that the motion of adjournment be submitted to a vote. Another commotion ensued.

Senator David reiterated his motion for adjournment and herein respondent also reiterated his opposition to the adjournment and again moved that the motion of Senator David be submitted to a vote. Suddenly, the petitioner banged the gavel and abandoning the Chair hurriedly walked out of the session hall followed by Senator David, Tirona, Francisco, Torres, Magalona and Clarin, while the rest of the senators remained. Whereupon Senator Melencio Arranz, Senate President Pro-tempore, urged by those senators present took the Chair and proceeded with the session.

Senator Cabili stood up, and asked that it be made of record — it was so made — that the deliberate abandonment of the Chair by the petitioner, made it incumbent upon Senate President Pro-tempore Arranz and the remaining members of the Senate to continue the session in order not to paralyze the functions of the Senate.

Senate President Pro-tempore Arranz then suggested that respondent be designated to preside over the session which suggestion was carried unanimously. The respondent thereupon took the Chair.

Upon motion of Senator Arranz, which was approved Gregorio Abad was appointedActing Secretary, because the Assistance Secretary, who was then acting as Secretary, had followed the petitioner when the latter abandoned the session.

Senator Tañada, after being recognized by the Chair, was then finally able to deliver his privilege speech. Thereafter Senator Sanidad read aloud the complete text of said Resolution (No. 68), and submitted his motion for approval thereof and the same was unanimously approved.

With Senate President Pro-tempore Arranz again occupying the Chair, after the respondent had yielded it to him, Senator Sanidad introduced Resolution No. 67, entitled “Resolution declaring vacant the position of the President of the Senate and designated the Honorable Mariano Jesus Cuenco Acting

President of the Senate.” Put to a vote, the said resolution was unanimously approved. Senator Cuenco took the oath. The next day the President of the Philippines recognized the respondent as acting president of the Philippines Senate.

Issue:

                Does the Court have jurisdiction over the subject-matter?

Held:

                No, in view of the separation of powers, the political nature of the controversy and the constitutional grant to the Senate of the power to elect its own president, which power should not be interfered with, nor taken over, by the judiciary. 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 petitioner to preside, his remedy lies in the Senate Session Hall — not in the Supreme Court.