Former Supreme Court Associate Justice Antonio Carpio said that twelve senators may be sufficient to elect an acting Senate President if one senator is under suspension and unable to exercise the functions of office.
Speaking to ANC, Carpio explained that a suspended senator should not be counted when determining the number needed to constitute a majority in the Senate.
According to Carpio, the issue arises from the suspension of a senator charged under the Plunder Law. He noted that the law provides for the suspension of a public official while the case is pending.
Carpio said a suspended senator cannot exercise the powers of office, including participating in Senate proceedings and voting.
“If you cannot vote, you should not be counted,” Carpio said during the interview.
Based on that view, Carpio said the Senate would effectively have 23 voting members instead of 24. A majority of 23 is 12.
For that reason, he said that 12 senators could constitute a majority and elect an acting Senate President.
ANC anchor Karen Davila asked whether this would allow Senator Win Gatchalian to be elected Acting Senate President by a group of 12 senators.
Carpio replied that it would.
During the interview, Carpio cited the Supreme Court’s ruling involving former Senator Antonio Trillanes IV, who was under preventive detention. He said the Court ruled that a senator under preventive detention could not attend Senate sessions or participate in Senate proceedings.
Carpio said the same principle applies to a senator who is suspended from office.
The former justice also pointed to the constitutional requirement that the Senate President is elected by a majority vote of all members of the Senate. His position is that a member who is suspended and unable to exercise the functions of office should not be included in determining that majority.
The discussion comes amid continuing questions over Senate leadership and the number of senators required to elect an acting Senate President under the current circumstances.