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Ang cute ng DDS legal universe: noong kailangang isingit si Bato through remote voting, okay lang daw baluktutin ang rules. Pero ngayong nawawala sa bilang sina Bato at Jinggoy, biglang naging constitutional purists. Aba, himala. May selective reading comprehension na, may selective rule of law pa. Yes, the Constitution says a majority of each House constitutes a quorum. Pero basahin naman nang buo, hindi yung parang horoscope lang na pipiliin ang convenient line. The same provision also says a smaller number may compel the attendance of absent members. Ibig sabihin, quorum is tied not only to a number on paper, but also to the Senate’s real ability to function and compel attendance. This is why Avelino v. Cuenco matters. The point is not that anyone can invent quorum whenever convenient. The point is that quorum cannot be detached from legal and practical reality: sino ba talaga ang within reach ng Senado? Sino ang kaya nitong ipatawag, ipahuli, at papuntahin? Vacancy answers one question; quorum answers another. Hindi kailangang bakante ang seat para maging legally relevant ang tanong: kaya ba talaga siyang papuntahin ng Senado? At hindi ito bagong imbento. Noong May 5, 2015, the Senate Journal recorded that only 12 senators were present, yet the Chair declared a quorum. Why? Because out of 24 senators, four were abroad and were not counted “pursuant to the decision of the Supreme Court,” while three senators—Enrile, Estrada, and Revilla—could not physically attend because they were under detention. The Senate counted only 17 available senators. Majority of 17? Twelve. At yes, Alan Peter Cayetano was part of that very Senate. In the same Journal, he was listed as “Senator Cayetano (A)” on official business. So ang awkward naman kung ngayon, parang bagong alien species ang 12-senator quorum. Sir, hindi ito bagong imbento ng kalaban. Nasa Senate Journal na ito. May resibo. May institutional memory. Hindi lang kasya sa DDS script. Jinggoy is not merely “absent.” He was arrested on a non-bailable plunder charge and is under court custody. The Senate cannot simply send the Sergeant-at-Arms to drag him to plenary like a truant student. Court custody has legal weight. Hindi siya puwedeng gawing pampabuo ng quorum kapag convenient sa political arithmetic, habang ini-ignore ang reality na hindi naman siya freely compellable by the Senate. Bato is not merely “on leave” either. He is wanted by the ICC, has reportedly gone into hiding, and his whereabouts became a legal and institutional circus after his Senate appearance. If a senator is hiding from legal process, the Senate’s coercive power over him is, at the very least, seriously impaired. Hindi ito normal absence. Hindi ito “traffic lang, late ako.” So yes, there is a serious and defensible legal argument that the working quorum can be based on 22 senators, making 12 enough to do business. Kung may gustong kumwestiyon, dalhin sa Supreme Court. Pero habang wala pang ruling na nagsasabing mali, hindi puwedeng gawing hostage ang buong Senado dahil may isang senador na nakakulong at may isa pang nagtatago. At please, spare us the fake “binihag ang bayan” drama. Mas binihag ang bayan noong tinigil ang trabaho ng Senado dahil mas inuna ang proteksyon ng kaalyado kaysa batas, hearings, investigations, at public accountability. Mas binihag ang bayan kapag ang flood control corruption na may paper trail ay ayaw hayaang umusad, madinig, mabasa, at malantad sa publiko. The Blue Ribbon Committee exists precisely to investigate malfeasance, misfeasance, nonfeasance, and matters of public interest. Flood control corruption is exactly the kind of issue that should be investigated, not buried under tantrums, quorum theatrics, and DDS legal cosplay. Translation for the DDS: hindi porke natalo kayo sa bilang, coup na agad. Minsan, karma lang with jurisprudence and a Senate Journal entry. Balik trabaho na ang Senado.

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