Former Senate President Pro Tempore Loren Legarda strongly questioned the alleged attempt to change the Senate leadership using only 12 votes on Wednesday, June 3, insisting it violates the Constitution and the existing rules of the Upper Chamber.
It will be recalled that during yesterday's plenary session, senators from the minority bloc, together with Senator Francis "Chiz" Escudero from the majority bloc, installed Senator Sherwin "Win" Gatchalian as the new Senate President Pro Tempore and acting Senate President, following the absence of several senators from the majority bloc.
In her statement, Legarda said that no senator can be elected or act as Senate President without the required majority vote of the entire Senate. She emphasized that Article VI, Section 16(1) of the 1987 Constitution clearly states that the Senate President must be elected by a majority vote of all members of the Senate.
"Since the Senate is composed of twenty-four Senators, that majority is thirteen. By the fact that the Senators present did not have thirteen votes, they could not validly elect a Senate President or authorize any Senator to act as Senate President," Legarda said.
The senator also explained that other Senate officers, such as the Senate President Pro Tempore, Senate Secretary, and Sergeant-at-Arms, also require at least 13 votes to be elected in accordance with Senate Rules.
"Under Rule II, Section 2 of the Rules of the Senate, the officers of the Senate shall be elected by the majority vote of all its members," Legarda stated.
The veteran lawmaker emphasized that even members of the minority bloc recognize this requirement, which is why they did not vote in the said process. "That is why the minority Senators did not vote for a Senate President: they lacked the required thirteen (13) votes," she added.
According to Legarda, the Senate cannot conduct official business without a sufficient quorum. "A majority of twenty-four is thirteen. Without thirteen senators present, the Senate cannot validly transact business. Without a quorum of thirteen (13), it is clear that no change of committee chairmanships can be done," she said.
She also insisted that the representation of elected senators should not be diminished simply because of the temporary absence of some of them. "The temporary absence of some members should not become a reason to lower their representation or weaken the mandate of the people who elected them," Legarda said.
She added that every member remains part of the entire Senate unless there is a legal reason such as resignation, expulsion, or other recognized grounds under the law.
Finally, Legarda called for strict adherence to the Constitution amid the heated issue of Senate leadership. "We remain firm in our respect for the Constitution," she said.
