Avelino vs Cuenco GR No. L-2821 4 March 1949 Facts: Senator Avelino was the Senate President.

Senator Tanada and Senator Sanidad filed a resolution against Senator Avelino and wanted an investigation against the Senate President. Before Senator Tanada delivered his privilege speech, the senate president including 12 other senators walked out and left the 12 other senators to the meeting. The 12 remaining senators elected Marciano Cuenco as acting President . Senate President Avelino filed a quo warranto proceedings against Cuenco, contending that the latter had not been validly elected because the 12 senators who were left does not constitute a quorum. Issue: Whether or not the 12 senators constituted a quorum to elect Cuenco as the Senate President

Ruling: There is no controversythat at the session in question there were present in the session hall, only twelve senators. The constitution provides that a majority of each house shall constitute a quorum to do business. The total number of senators in the senate is 24, therefore its majority should not be less than 13. The members of the senate are free to elect another Senate President and their freedom to make such change is to the dictates of their own conscience and to anuverdict that the people, through electorate may render at the polls. But in making such changes of leadership, the senate and the senators are fbound to follow what is outlined by the constitution.