NAAWAN, Misamis Oriental (MindaNews / 11 June 2026) — There has been so much drama in the Senate recently.
The International Criminal Court fugitive Senator Bato dela Rosa, who has been in hiding since November 2025, suddenly emerged from his rathole to join the coup that ousted Sotto. Because of Bato’s bold move, Sotto was replaced by Cayetano as Senate President.
A shooting occurred in the Senate hallway. Bato, whom Cayetano declared under his custody, disappeared, eluding the arresting authorities in a getaway car of fellow senator Robin Padilla.
The duo could face a charge for obstruction of justice or have already been.
Suddenly, Jinggoy Estrada was arrested by the Ombudsman for plunder.
Then came the challenge to the Cayetano leadership.
The disappearance of Bato and the arrest of Estrada altered the majority-minority composition of the Senate. A deadlock resulted at 11:11. Then, from the majority bloc Chiz Escudero unexpectedly crossed over to the minority. The minority turned to 12 and claimed they are now the majority. The former minority leader became the new majority leader and declared all positions vacant. Thereupon, they elected Sherwin Gatchalian as Senate Pro Tempore and acting Senate President. Cayetano and his followers, of course, protested. Cayetano asserted he is still the Senate President and won’t give up.
Was the election of Gatchalian legal and valid?
What number constitutes a majority, 12 or 13?
This is the raging question of the day.
Lawyers, deans of law schools, former justices of the Supreme Court, and some political pundits who preamble their arguments with citations of their titles and accomplishments, are divided on the matter.
Suffice it to say that the Philippines Constitution (Article VI, Section 16) provides that the Senate President and the House of Representatives, its Speaker, shall be elected by the majority vote of all its respective members.
The Constitution is silent as to what constitutes a majority vote.
The Supreme Court is the final arbiter of this concern.
Meanwhile, here’s my piece of cake on the raging issue or question.
A more resonant meaning of majority is 50+1 of those who are present and can vote. A quorum comprises or refers to the majority of the members of a body to do business. This is what I learned as early as grade 1 when we elected class officers. Those who are absent or not physically present cannot vote or be voted upon. So, why should they be counted in determining a quorum?
In the Philippine Senate scenario, Senator Bato is hiding and cannot vote on a measure. Jinggoy Estrada is charged and is detained for plunder. Those charged with plunder, a crime for which reclusion perpetua is the penalty, are disqualified from holding public office. Estrada, who is in jail for that crime, cannot vote. In effect and for all intents and purposes, the current Senate has only 22 eligible members. A majority of 22 is 12. Thus, the 12 senators elected their Senate Pro tempore and acting Senate President, Sherwin Gatchalian.
But what stopped them from electing a separate Senate Pro Tempore and Senate President? What are they wary of?
At any rate, Gatchalian immediately put the Senate back in business, which was in hiatus during the two-day boycott of its constitutional duties under Cayetano.
The Lower House recognized Gatchalian as a legitimate acting Senate President, and so does the Executive Department.
So far, Gatchalian is secure in his post.
He even declared his readiness to preside over the Senate Impeachment Court to try VP Sara Duterte
Cayetano, to stay in power, may run for help from the Supreme Court.
The Supreme Court, however, is unlikely to poke its nose into a Senate controversy.
(MindaViews is the opinion section of MindaNews. William R. Adan, Ph.D., is retired professor and former chancellor of Mindanao State University at Naawan, Misamis Oriental.)
