Avelino vs Cuenco Case Digest – G.R. No. L-2821 March 4, 1949

Avelino vs Cuenco Case Digest

Avelino vs Cuenco Case Digest

In the session of the Senate of February 18, 1949, Senator Lorenzo M. Tañadare quested that his right to speak on the next session day, February 21, 1949, to formulate charges against the then-Senate President Jose Avelino be reserved. His request was approved.

On February 21, 1949, hours before the session, Senator Tañada and Senator Tañada and Senator Prospero Sanidad filed with the Secretary of the Senate a resolution enumerating charges against the then-Senate President and ordering the investigation thereof.

Although a sufficient number of senators to constitute a quorum were at the Senate session hall at the appointed time (10:00 A.M.), and the petitioner was already in his office, said petitioner delayed his appearance at the session hall until about 11:35 A.M. When he finally ascended the rostrum, he did not immediately open the session, but instead requested from the Secretary a copy of the resolution submitted by Senators Tañada and Sanidad and in the presence of the public he read slowly and carefully said resolution, after which he called and conferred with his colleagues Senator Francisco and Tirona.


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Senate President Avelino banged his gavel and walked out of the session hall followed by his followers ( leaving only 12 senators in the hall). Thereafter, senators who remained went on with the session and voted to declare the vacant position of the Senate President.

Then, they designated respondent Senator Cuenco as the Acting Senate President.

In this petition, Senator Avelino prayed for the Court to declare him the rightful Senate President and to oust respondent Senate Cuenco.


Whether the issue is justiciable or political.


Although political in nature, the question raised is justiciable because they involve the enforcement of legal percepts, such as the provisions of the Constitution and the rules of the Senate.

The power and authority to decide such questions of law form part of the jurisdiction

The Court advised the Cuenco group to convene a session with at least 13 senators and reiterate therein their resolution on the new Senate President.

Avelino vs Cuenco Case Digest

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