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Twelve senators were physically present at the Senate plenary on June 3, 2026, and, citing existing jurisprudence and precedent from 2015, declared that there was a quorum to hold a session.
The arrival of Senator Chiz Escudero had brought the physical attendance to 12 after the previous minority of 11 couldn’t muster the needed quorum to resume the session in the previous two days.
With 12 members present, the senators in the bloc led by Senator Sherwin Gatchalian declared a quorum and initiated leadership changes. The move has since triggered a sharp constitutional debate over how a legislative quorum is legally defined.
The debate over the magic number
Under Rule XV, Section 44 of the Senate Rules, a majority of senators must be present to conduct official legislative business. Since the Senate consists of 24 members, at least 13 senators are required to establish a quorum.
The new majority bloc has said that the base number should be reduced because two senators could not be compelled to attend.
Senator Jinggoy Estrada is under arrest, and Senator Ronald “Bato” Dela Rosa is reportedly in hiding with a pending warrant of arrest from the International Criminal Court.
The bloc maintains that only 22 senators are currently active.
“The quorum of 12 senators is based on the majority of 22 senators,” Gatchalian said.
Historical and legal precedents
To justify the 12-member quorum, the new majority cited the 1949 Supreme Court landmark case Avelino v. Cuenco.
In that ruling, the High Tribunal recognized that a quorum baseline can be calculated using only the members who possess the legal capacity to perform their duties, rather than the full constitutional roster.
The bloc also pointed to a May 5, 2015 Senate session as a precedent. During that session, only 12 senators were physically present, while four were abroad and three were detained.
The presiding officer ruled that only 17 senators were “available,” thereby validating a 12-member quorum.
National Union of Peoples’ Lawyers (NUPL) president Ephraim Cortez agreed that the current move has legal merit.
“They only need a majority to have a quorum and to conduct business,” Cortez said. “With the arrest of Senator Estrada and while Senator Dela Rosa is in hiding, they are not counted in the determination of the quorum.”
‘An illegal coup’
The bloc led by Senator Alan Peter Cayetano said that he’s still the legitimate Senate President, saying the other side has yet to gain a 13th senator to validly elect a new Senate President.
“This is an illegal coup d’état na may kasamang pagbabasura ng ating Konstitusyon (accompanied by the trashing of our Constitution),” Cayetano warned. “I warned everyone about this from day one… Under our Constitution, under our Rules of the Senate, thirteen are required.”
No Senate President?
The Gatchalian-led bloc has issued a statement declaring that Cayetano is no longer the Senate President.
However, while the new majority claims a quorum of 12 is enough to conduct basic business, they admit they cannot officially elect Gatchalian as the new Senate President yet.
The 1987 Constitution requires 13 votes, a majority of all the 24 senators, to elect a new Senate President.
“What is clear and important right now: all positions are vacant, the previous leadership is done, and the work of the Senate must continue for the people,” the new majority bloc stated. –NB, GMA News
