The Integrated Bar of the Philippines (IBP) on Thursday released its legal position supporting the validity of the Senate plenary session held Wednesday, June 3, amid an ongoing leadership standoff in the upper chamber.
In a formal statement released by its 27th Board of Governors, the organization asserted that the 12 senators present during the session constituted a legal quorum under existing jurisprudence.
The precedent set by 'Avelino v. Cuenco'
The IBP noted that while a traditional quorum requires a physical majority of all 24 elected members (13 senators), exceptions exist under constitutional law. The legal body highlighted the 1949 Supreme Court landmark case Avelino v. Cuenco, which established that a quorum can be calculated based on the number of senators within the actual coercive jurisdiction of the legislative body.
According to the IBP, two lawmakers are currently excluded from the total functional count: Sen. Jinggoy Estrada, who remains detained on a non-bailable offense and cannot legally be compelled to attend, and Sen. Ronald “Bato” Dela Rosa, whose whereabouts have remained unknown since May 11.
By subtracting these two missing lawmakers from the chamber, the active roster drops to 22. The IBP stated that the 12 lawmakers who attended the June 3 assembly constituted a clear majority of that functional 22-member body.
Presumption of regularity
The legal organization emphasized that the Philippine Constitution must be interpreted in a practical manner that allows the Senate to function rather than being gridlocked by absent members.
"This Avelino ruling emphasizes a practical approach: the Constitution should be interpreted in a way that allows the Senate to function, and not be blocked by the absence of Members who cannot realistically be made to attend," the IBP statement said.
Consequently, the IBP noted that all resolutions, official votes, and organizational shifts executed during Wednesday's session carry a presumption of legality in the discharge of official functions.
Written by Jacob Bernardo
Jacob Bernardo is a dedicated campus journalist and contributor. Their insightful writing sparks meaningful conversations and keeps the community informed.
