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In 1949, the Supreme Court rejected a similar motion involving a Senate takeover for lack of jurisdiction over a political issue
TAKING TIME. A manifesto calling for the dismissal of Spokesman of the House, Pantaleon Alvarez, is circulating in the Chamber of Representatives while Representative Gloria Macapagal-Arroyo looks at her. Picture of Mara Cepeda / Rappler
MANILA, Philippines – Can Pantaleon Alvarez overthrow Gloria Macapagal-Arroyo as Speaker of the House through a query of quo warranto?
He may try, but the precedent is not on his side
In 1949, Senator José Avelino The motion against Senator Mariano Cuenco against Senator Mariano Cuenco is similar to that which occurred in inside Batasang Pambansa on Monday, July 23rd.
Arroyo was sworn in on Monday afternoon in an apparent gesture to oust Alvarez
But in 1949, the Supreme Court (SC) dismissed Petition 6-4 because the majority ruled that the Court did not Does not have jurisdiction over the case, given its political nature.
"If, as the petition is to imply, the majority of senators want the petitioner to preside, his appeal is in the Senate chamber – not in the Supreme Court ", said the CS in 1949.
A crucial factor is also whether President Rodrigo Duterte will recognize Arroyo as the new head of the lower house. In 1949, former President Elpidio Quirino recognized Cuenco as the new Senate Speaker.
"It is further considered that the recognition given by the Chief of the Executive to the Respondent more than ever recommends wisely adopting the policy of non-intervention.
Quorum [19659015] During the Monday morning session, Alvarez delivered a speech after which his ally, deputy chief of the majority, Juan Pablo Bondoc, moved to
Meanwhile, the plot to oust Alvarez was already known to everyone
In the afternoon, members of the House returned to the meeting room and handed out a manifesto calling for the dismissal of Alvarez, Vice President Rolando Andaya said that the morning session should not have been adjourned because he was opposed to it.While all this was happening, journalists were forbidden inside the room and the his was cut off, leaving the rest of the country trying to interpret what happened
A few moments later, Arroyo was escorted to the rostrum to take an oath.
Flashback to 1949, the ally of Avelino Senator Pablo Angeles David was the one who proposed to adjourn the session to avoid the ouster. The adjournment received opposition, but Avelino slammed the hammer and just left out.
While he was outside the session hall, other senators elected the president of Cuenca Senate
to start, make the election valid. The judges argued that the old constitution required a majority to be present to constitute a quorum.
Article VI of the 1987 Constitution likewise requires a majority to establish a quorum for doing business.
"Assuming that the Court has jurisdiction, there is unanimous … that a minority of ten senators can not, on leaving the hall, prevent the twelve other senators from being elected. to adopt a resolution which has received unanimous approval.The answer could be different if the resolution was only approved by ten or less, "declared the SC
So, if Alvarez decided to pursue a path of Although warranto against Arroyo, there is no precedent for supporting it.But again, the ousting of Maria Lourdes Sereno across the warranto quo was also unprecedented, but was confirmed twice by the Supreme Court – Rappler.com
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