PDP to take Senate power shake-up to SC

GATCHALIAN, CAYETANO
GATCHALIAN, CAYETANO

MANILA — The Partido Demokratiko Pilipino (PDP) is set to challenge before the Supreme Court the legality of the recent Senate leadership overhaul, insisting that the installation of a new leadership bloc was unconstitutional because it allegedly lacked the required majority vote of all 24 senators.

In a statement, the PDP announced it would soon file a petition before the high court questioning the validity of the leadership transition that elevated the bloc led by Sen. Sherwin Gatchalian and sideling the bloc of Sen. Alan Peter Cayetano, arguing that the move was supported by only 12 senators—one vote short of the majority required under the Constitution.

“Kaya naman po ang Partido Demokratiko Pilipino (PDP) ay maghahain, sa lalong madaling panahon, ng kaso sa Korte Suprema, upang itaguyod ang saloobin ng mga mamamayang Pilipino… at ipagtanggol ang Rule of Law laban sa mga bastos na Senador, na nais na lapastanganin at yurakan ito,” the PDP said.

The planned legal challenge adds a new dimension to the ongoing dispute over the Senate’s leadership transition, which has triggered conflicting interpretations of constitutional provisions governing the election of Senate officers.

The PDP maintained that the 1987 Constitution clearly requires the vote of a majority of all members of the Senate before leadership positions can be validly filled or changed.

The party also disputed the reliance of Gatchalian’s group on the Supreme Court’s 1949 ruling in Avelino vs. Cuenco, which was cited as the legal basis for declaring key Senate positions vacant and reorganizing the chamber’s leadership.

According to the PDP, the framers of the 1987 Constitution deliberately revised the language of the charter to depart from the doctrine established in the landmark case.

Noong nagdedebate pa ang mga may akda ng 1987 Constitution, dahil nga alam nila ang nasabing doktrina at nais na nila itong palitan sa panibagong Konstitusyon, sadya nilang binago ang phrase sa Section 16, Article VI kung saan, kapag naghalalan ang mga Senador ng kanilang Pangulo ay nangangailangan ito ng majority vote of all its respective members,” the PDP said.

The party argued that in a 24-member Senate, a valid election of a Senate president or any leadership restructuring requires at least 13 votes, regardless of absences or vacancies.

“Ito ay kahit may absent pa o mayroong may sakit, o mayroong nakapiit, o nasa ibang bansa,” PDP said.

The controversy stems from the recent Senate reorganization that saw Gatchalian’s bloc assume key leadership positions after a session attended by 12 senators, a move that supporters say was consistent with existing jurisprudence but which critics contend violated the Constitution.

With the PDP preparing to elevate the issue to the Supreme Court, the dispute is expected to test the constitutional boundaries of Senate leadership transitions and could have significant implications for the chamber’s future proceedings./PN

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