MANILA, Philippines — Sen. Alan Peter Cayetano insisted that he remains the legitimate Senate president, even as Malacañang and the House of Representatives have recognized the leadership transition backed by the bloc of Senate President Pro Tempore Sherwin Gatchalian.
At a press briefing on Monday, June 8, Cayetano accused Gatchalian of usurping authority by acting as Senate president, saying the change in Senate leadership and the replacement of key Senate officials did not have the required number of votes.
“I sent a letter to our legitimate secretary of the Senate, legitimate because if you follow the rules, hindi siya pwedeng tanggalin kung walang 13 at hindi pwedeng palitan kung wala ring 13,” Cayetano said.
(I sent a letter to our legitimate secretary of the Senate, legitimate because if you follow the rules, he cannot be removed without 13 votes and cannot be replaced without 13 votes.)
“Senate president pro tempore, Senate president, secretary of the Senate, OSAA (Office of the Senate Sergeant-at-Arms), kailangan niyan 13 ang botong ilagay, 13 ang boto pag tinanggal. Hindi nila sinunod iyan,” he added.
Cayetano has argued that the Gatchalian bloc lacked the votes needed to validly reorganize the Senate, including the replacement of Senate Secretary Jose Luis Montales with Renato Bantug Jr.
Compromise rejected
Cayetano’s bloc earlier proposed an interim arrangement with Gatchalian’s bloc to shield Senate personnel from conflicting orders by allowing both sides to sign off on key documents that require approval.
Cayetano said the offer was not accepted, claiming the Gatchalian bloc told his camp it was no longer open to such a compromise.
Asked if he was giving up his signing powers, Cayetano said: “No, I’m not giving it up. I’m just saying hindi dumating sa opisina ko yung pipirmahan.”
(No, I’m not giving it up. I’m just saying the document to be signed did not reach my office.)
Website-official
On the Senate website, Gatchalian is now listed as Senate president pro tempore. Cayetano’s page does not carry the title of Senate president.
Since Gatchalian was elected Senate president pro tempore on June 3, Malacañang and the House of Representatives have dealt with his bloc as the recognized Senate leadership.
Earlier Monday, House Secretary General Cheloy Garafil filed the House prosecution team’s manifestation in the impeachment case against Vice President Sara Duterte before Bantug, whom Cayetano has also called illegitimate.
For preparations for President Ferdinand Marcos Jr.’s State of the Nation Address, Bantug was also invited instead of Montales, whom Cayetano recognizes as the legitimate Senate secretary.
Despite this, Cayetano has continued to insist that he remains Senate president. He also claimed that his bloc retains the chairmanships of Senate committees.
Carpio’s counterargument
For retired Senior Associate Justice Antonio Carpio, however, 12 senators could validly act on Senate leadership positions under the current circumstances.
Carpio said the count should be based on 23 senators, not 24, because Sen. Jinggoy Estrada should not be counted for purposes of determining the majority while he is facing a pending plunder case and is under detention.
“A majority of 23 is 12,” Carpio said an interview on ANC’s “Headstart” earlier on Monday.
Carpio cited two legal grounds: the Supreme Court doctrine that a public official under preventive detention for a criminal case filed in court cannot exercise public office, and the plunder law provision on the suspension of public officials charged in court.
“If you are suspended from office, that means you cannot exercise the functions and powers of that office, and one of those functions is to vote,” Carpio said.
Under that view, Cayetano’s insistence on a 13-vote threshold would not apply if the Senate membership count is reduced to 23 for purposes of determining the majority. — with reports from John Marwin Elao and Camille Diola