Senator Legarda: Senate takeover unconstitutional

Senator Loren Legarda on Wednesday said the move to replace her as Senate President Pro Tempore was unconstitutional.

The Senate minority on June 3, 2026, who call themselves the "Solid Bloc 11," had elected Senator Sherwin "Win" Gatchalian as the new Senate President Pro Tempore, replacing Legarda.

The move came after Senator Chiz Escudero, previously of the Senate majority bloc, attended the Senate session and voted for Gatchalian, bringing the total number of voting senators to 12.

READ: Senator Win Gatchalian elected Senate President Pro Tempore

However, in a statement, Legarda has pointed out that no senator can validly act as Senate President based on the strength of only 12 votes.

"Under Article VI, Section 16(1) of the 1987 Constitution, 'The Senate shall elect its President by a majority vote of all its respective Members,'” Legarda said.

"Since the Senate is composed of 24 Senators, that majority is thirteen. By the fact that the Senators present did not have 13 votes, they could not validly elect a Senate President or authorize any Senator to act as Senate President," she said.

in her statement, she said, "Under Rule II, Section 2 of the Rules of the Senate, “The officers of the Senate shall be elected by the majority vote of all its members.” This means that the Senate President Pro Tempore, the Senate Secretary, and the Sergeant-at-Arms also required at least 13 votes."

In an earlier report of the Philippine News Agency, Sotto had stated that at least 13 senators are needed for a change of leadership in the Senate.

The PNA report quoted Sotto as saying in a radio interview, “You will always need the 13 signatures. Kahit na 14 o 15 lang ang senador na present, you still have to have 13. That's the rule, that's the law in the Constitution kung paano mag-e-elect ng Senate President (Even if only 14 or 15 senators are present, you still need 13. That’s the rule, that’s the law in the Constitution on how to elect a Senate President)."

The new Senate majority: A screen grab of a photo posted on the website of Senator Francis "Kiko" Pangilinan.

THE NEW SENATE MAJORITY

On Wednesday, however, the new Senate majority cited a precedent on how 12 senators can effect a change in leadership in the chamber.

In a statement posted on the website of Senator Francis "Kiko" Pangilinan, the Senate majority said, "On the issue of quorum, this is not an uncharted matter. The Supreme Court, in Avelino v. Cuenco, recognized the principle that a quorum of 12 is determined based on the number of members who are legally able to discharge the functions of the Senate."

"There is likewise an institutional precedent. In 2015, the Senate recognized a quorum of 12 senators who were within its jurisdiction. The Senate continued to perform its constitutional duties because the work of government could not be placed on hold," the new Senate majority said.

A report of the PNA also cited Malacañang's support for the new Senate President Pro Tempore, saying Gatchalian's election was consistent with the law and democratic processes.

Palace Press Officer Claire Castro said the Executive respects the decision of senators and recognizes the leadership chosen by the chamber.

“Ang nangyari sa Senado ngayong hapon ay naaayon sa batas at rule of law (What happened in the Senate this afternoon is in accordance with the rule of law),” Castro said.

“Kinikilala at nirerespeto ng Palasyo ang desisyon ng bagong mayorya at ang liderato ni Acting Senate President Sherwin Gatchalian (The Palace recognizes and respects the decision of the new majority and the leadership of acting Senate President Win Gatchalian),” she added.

THIRTEEN VOTES

However, Legarda emphasized that the Constitution states that the votes of at least 13 senators are needed to effect a change in Senate leadership.

“When the Constitution and the rules are clear, these must be applied as written,” Legarda stressed.

She further explained that the absence of some senators during the Senate session should not be considered as a reason to lower the number of needed votes from 13 to 12.

“The temporary absence of some members should not become a reason to lower their representation or weaken the mandate of the people who elected them,” Legarda said. “Until there is a vacancy, resignation, expulsion, final disqualification, or other legal basis recognized by law, their seats remain part of the Senate’s full membership.”

“We remain firm in our respect for the Constitution,” Legarda added. “Any proceeding conducted without the constitutionally required quorum raises serious questions of validity and cannot be recognized as consistent with the clear mandate of the Constitution.”

Paraluman News