Escolar Documentos
Profissional Documentos
Cultura Documentos
March4,1949]
18
2.ID. ID. ID. CONSTITUTIONAL AND POLITICAL LAW SEPARATION OF POWERS WHEN MAY
SUPREME COURT ASSUME JURISDICTION OVER SENATE CONTROVERSY FOR SELECTION OF
PRESIDING OF
FICER.The Supreme Court assumed jurisdiction over this quo
warranto proceeding", in the light of events subsequent to the original
resolution.
3.ID. ID. ID. QUORUM OF PHILIPPINE SENATE.The Court held that there was a
quorum in the session of the Philippine Senate (composed of twentyfour
Senators) in which twelve Senators were present, one Senator being in the
UnitedStates.
ORIGINALACTIONintheSupremeCourt.Quowarranto.
Thefactsarestatedintheresolutionofthecourt.
VicenteJ.Franciscoforpetitioner.
to the Senate of the power to elect its own president, which power should not be
interfered with, nor taken over, by the judiciary.
2.) Yes, the resolutions are valid. The Constitution declares that a majority of
"each House" shall constitute a quorum, "the House: does not mean "all" the members.
Even a majority of all the members constitute "the House". There is unanimity in the
view that the session under Senator Arranz was a continuation of the morning session
and that a minority of ten senators may not, by leaving the Hall, prevent the other twelve
senators from passing a resolution that met with their unanimous endorsement. The
said twelve senators who approved the resolutions herein involved could ratify all their
acts and thereby place them beyond the shadow of a doubt.
VIII. DISPOSITIVE PORTION
The petition was dismissed by the Court. Without cost.