Supreme Court asked to intervene in Senate leadership row — ANC

[0:00] On Jazz tonight, the Philippine Supreme Court is asked to intervene and settle the leadership row at the Senate. [0:06] But some experts doubt whether the High Court should involve itself in a highly political problem. [0:12] R.G. Cruz has tonight's top story. [0:16] Senator Sherwin Gachillian's rise to acting Senate President has led to a Senate with two faces of leadership. [0:22] Yung magdalo, magdiwang, yan ang unang-una. [0:24] Pero ngayon, nakita rin natin yan, nung panahon ni Salonga versus Neptali, nung panahon ni Angara versus Franklin Drelon versus Manny Villar, Franklin Drelon. [0:37] It is a crisis that is not complicated but extraneous issues, ranging from the impending impeachment trial of Vice President Sara Duterte to the intramurals for the 2028 elections. [0:47] This can be compared to a political trench warfare. Ito ay, kumbaga, nag-dig in na sila, nag-hukain na sila ng kanilang mga posisyon. [0:57] Hindi madide-delay, meron ng calendar. [0:59] And then there's the rival investigations on the flood control scandal. [1:03] The Block of Sen. Alan Cayetano carried out its hearing on Thursday without a Senate secretary or stenographers present. [1:09] The Gachillian Block will hold its own inquiry on Monday to be led by Sen. Erwin Tulfo as their hand-picked chairman of the Blue Ribbon Committee. [1:16] The Senate can't look for a middle ground. And that middle ground, I think at this point, at least in the next few weeks, doesn't necessarily have to be a president of the Senate that's selected by 13. [1:28] We need to look for a presiding officer at this point that will be acceptable to both Blocks. [1:33] Senator Loren Legarda insists a 1949 high court ruling on quorum cannot be used by the Gachillian Block to legitimize the reorganization of the Senate. [1:42] Legarda notes the country now operates under the 1987 Constitution, while the 1949 ruling was premised under the 1935 Constitution. [1:51] She notes the two charters had different wordings. [1:54] The 1987 Charter requires 13 to elect a Senate president, a majority of all members. [1:59] Wording that was carried over to the Senate rules to cover all Senate officials. [2:04] But those same wordings are not in the 1935 Constitution. [2:07] Legarda adds, the Senate rules explicitly state a stricter quorum for the election of Senate officers, that is, all members. [2:15] The same argument heard from Cayetano on Thursday. [2:18] You cannot declare all seats vacant with 12. You can declare all seats vacant below the Senate President and Senate Pro Tempore with 12. [2:30] High school teacher Barry Tayam asked the high court to intervene in Gachillian's favor. [2:35] Kasi nagkakagulo eh. Pati yung mga tao sa social media, pati ibang mga legal expert, nagkakagulo sila. [2:41] So at least nasa Supreme Court naman yung finance say. [2:44] Sen. Panfrio Laxon thinks Cayetano is the one who should go to the high court, which Cayetano shut down. [2:50] Gachillian says going to court is an option. [2:53] Sila ang dapat pumunta sa Korte Suprema, pero hindi nila gagawin yun dahil alam nyo yung mali sila. [2:59] Why would, that's a trap for them that they want me to go immediately to the Supreme Court because they know it will take time. [3:06] Kasali yan sa mga remedies. Kung gugustuhin ng sinong kampo pupunta, ay pwede silang pumunta sa Supreme Court para humingi ng desisyon. [3:21] But experts are wary about getting the court involved. [3:23] The Supreme Court is quite hesitant to rule on them anyway. [3:26] So everyone is now familiar with this 1949 case of Avelina v. Cuenco. [3:31] The first part of that decision is basically the court saying, you know, this question belongs to the Senate. [3:36] Malaganyang has already voiced support for Gachillian's leadership, calling the Senate reorganization above board. [3:42] Mahalagang ahensya at branches of government ay kinikilala yung ating liderato. [3:47] Ang House of Representatives na counterpart natin, sila ay nagbigay ng recognition sa ating liderato. [3:55] Ang Executive Branch ay nagbigay na rin ng kanilang recognition sa ating liderato. [4:02] At yung iba pang mga ahensya ay nag-uumpisa na rin. [4:06] Mga independent na pag-analyza tulad ng Integrated Power of the Philippines, [4:10] mga pahayag ng law deans, law school deans, lahat ay sinasabi na yun ang nangyayari. [4:17] Last Wednesday ay legal at naayon sa batas. [4:22] Cayetano ever insists the Constitution is on his side. [4:25] Gachilliana sure Senate staff they won't be caught in the crossfire. [4:29] Meanwhile, four former Senate presidents including two Gachillian allies issued a statement to de-escalate detention [4:34] and get back to parliamentary debates and the urgent tasks at hand. [4:38] They also maintain the highest duty of a Senate president is not to cling to office but to leave the institution stronger. [4:44] RG Cruz, ABS-CBN News.