The Philippine Senate is currently embroiled in a power struggle between two factions. One faction supports Senator Win Gatchalian as Senate President Pro Tempore, while the other backs Senator Allan Peter Cayetano as Senate President.
Cayetano's Shaky Majority
Cayetano was elected Senate President by 13 out of 24 senators. However, Senator Ronald “Bato” de la Rosa, who voted for Cayetano, has a warrant of arrest from the International Criminal Court (ICC) for crimes against humanity. Bato surfaced momentarily to vote before going into hiding, leaving only 12 functional senators in Cayetano's majority. This makes his position precarious.
Because of this, Cayetano has refused to preside over Senate sessions, and his faction has also been absent. The balance shifted when Senator Francis Escudero moved from the majority to the minority, expanding the minority from 11 to 12 senators and reducing the former majority to 11 (with Bato in hiding). Subsequently, Senator Jinggoy Estrada was arrested on plunder charges, further reducing the Cayetano faction to 10 functional senators.
Gatchalian's Ascendancy
With Bato in hiding and Estrada in detention, the Gatchalian faction now has 12 functional senators out of 22 total. They consider themselves the majority and elected Gatchalian as Senate President Pro Tempore. They also declared all committee chairmanships and the Senate President position vacant.
While Cayetano's faction does not recognize Gatchalian, the latter's faction is now numerically superior. Additionally, Malacañang and the House of Representatives recognize Gatchalian's faction, further undermining Cayetano's claim.
Legal and Procedural Implications
The recognition by Senate staff is crucial; without proper recording, actions by a faction may not be valid. For instance, a recent hearing by the Cayetano faction of the Blue Ribbon Committee involving 18 former soldiers would only be formalized if recorded.
The Supreme Court (SC) could intervene on constitutional grounds, but only if a case is filed. Observers are urging either faction to seek SC resolution to end the confusion over which Senate faction is legitimate.
