San Beda University Graduate School of Law Dean Fr. Ranhilio Aquino on Wednesday said the 12 senators who convened and elected new Senate officers acted within the rules, citing the Supreme Court ruling in Avelino v. Cuenco.

In an interview over IBC 13, Aquino said the Senate was placed in an “abnormal” situation after failing to hold sessions for two days due to the refusal of the majority bloc to attend.

He said the issue of whether 12 senators could constitute a quorum should be viewed in light of the senators over whom the chamber could exercise jurisdiction.

“Sa kaso na yun, sinabi ng Supreme Court, hindi binibilang pag you are determining the majority, hindi binibilang yung mga hindi sakop sa tinatawag na coercive powers ng Senado (In that case, the Supreme Court said that in determining the majority, those who are not within the coercive powers of the Senate are not counted),” Aquino said.

Aquino said the Senate has coercive power to compel absent members to attend sessions, but this cannot apply to a senator whose whereabouts are unknown or who is outside the chamber’s reach.

He referred to Sen. Ronald “Bato” Dela Rosa, whose continued absence from the Senate has been cited in the quorum dispute.

“In this case, Bato is the senator involved kasi hindi natin alam kung andito sa bansa, hindi natin alam kung saan nagtatago. So, labas siya. Hindi siya sakop sa kapangyarihan ng Senado ng pag-aresto ng mga absent na senador. So, pag iyan ang bilangan at hindi binibilang si Bato, 12 constitutes a majority (In this case, Bato is the senator involved because we do not know if he is in the country, and we do not know where he is hiding. So, he is excluded. He is not within the Senate’s power to arrest absent senators. If that is the count and Bato is not included, 12 constitutes a majority),” Aquino said.

He said the 12 senators therefore made a lawful call to conduct business.

Asked whether Sen. Alan Peter Cayetano remains Senate President after the session, Aquino said Cayetano could no longer claim the post if he no longer had majority support.

He said Cayetano’s bloc had only 12 senators when Sen. Francis “Chiz” Escudero was still with them, and was reduced to 11 after Escudero joined the group that convened Wednesday’s session.

“If you don’t count Bato, he doesn’t have 12 votes. He can count only 11. And so, nung kumpleto pa sila, nung kasama pa niya si Chiz, 12 lang sila. Ngayon, nawala si Chiz Escudero at lumipat sa isang grupo, 11 lang sila (When they were complete, when Chiz was still with him, they only had 12. Now that Chiz Escudero has left and moved to another group, they are only 11). So he doesn’t have the majority. He can’t claim to be the Senate President,” Aquino said.

On the Senate Blue Ribbon Committee hearing on the flood control inquiry, Aquino said the new committee chair should preside if the Senate had already changed the committee leadership.

He said Sen. Pia Cayetano would have “no business” calling a Blue Ribbon meeting if the chairmanship had already been transferred to Sen. Erwin Tulfo. (PNA)