Instead of seeking intervention by the Supreme Court, the senators can—and must—decisively resolve the Senate…

Instead of seeking intervention by the Supreme Court, the senators can—and must—decisively resolve the Senate leadership row that threatens to derail the impeachment trial of Vice President Sara Duterte.

Ahead of the July 6 trial previously set by the Senate impeachment court, several pretrial activities have been scheduled for this month. On Monday, the House prosecution panel’s reply to the Vice President’s answer to the articles of impeachment was due for submission. This would be followed by the issuance today of the notice of pretrial, a pretrial conference from June 15-26, the issuance of the pretrial order on June 30, and the filing of comments on the pretrial order by the House prosecutors and the Vice President’s defense team from June 30 to July 5.

Lead House prosecutor and Batangas 2nd District Rep. Gerville Luistro affirmed that the panel recognizes Sen. Sherwin Gatchalian as the acting Senate president following the House leadership’s formal recognition, and would file their submissions to his office.

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Still, the Senate ruckus is far from over. While 12 senators succeeded in holding a session on June 3 and elected Gatchalian as Senate president pro tempore and acting Senate president, Sen. Alan Peter Cayetano adamantly clings to his post, projecting continuing chaos and uncertainty in the chamber.

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13 votes are needed

Former Senate presidents and legal luminaries unanimously affirmed that the 12 senators who showed up on the Senate floor had a constitutional basis and legal precedents to hold the session and reorganize the chamber. This followed Cayetano’s bloc boycotting the sessions for two days, ending up with only 10 members after Sen. Chiz Escudero joined Gatchalian’s bloc.

Malacañang and the House of Representatives immediately recognized Gatchalian as the new Senate president, albeit in an acting capacity.

There was recognition, however, that 13 votes are needed to duly elect a Senate president in accordance with the Constitution and Senate rules. The lack of 13 votes is why Gatchalian was designated acting Senate president, which gives Cayetano a weapon to continue questioning his legitimacy as the new leader of the chamber.

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Other legal experts have debated whether the absence of Sen. Ronald “Bato” dela Rosa, who is in hiding to avoid being served an arrest warrant from the International Criminal Court, and Sen. Jinggoy Estrada, who was detained in connection with a plunder case at the Sandiganbayan, would reduce the number of votes required for the Senate to reorganize and conduct its business.

Penultimate Sona

But a more decisive way out would be for the senators to hold a session and formally elect the Senate president with the prescribed vote. With 12 already constituting the new majority under Gatchalian, it only requires one or more senators to rise above their vested interests and political loyalties to officially elect him as Senate president. The more senators join the majority, the better for the Senate to restore order and legitimacy shattered by the chaos that marked Cayetano’s monthlong power grab.

And since Congress is in recess and due to resume sessions on July 27, coinciding with President Marcos’ State of the Nation Address (Sona), the President should call a special session of Congress right away. This would facilitate the approval of pending measures and provide the Senate an opportunity to resolve its leadership crisis.

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Mr. Marcos also would not want his penultimate Sona to be disrupted by another escalation of the Senate chaos, as this would further embarrass the country before the international community.

More importantly, it is paramount for the Senate to finally and firmly put its house in order so there won’t be any room to abort or sabotage the Vice President’s impeachment trial. Already, there are speculations that the Cayetano power grab and presentation of 18 alleged bagmen of flood control kickbacks are connected to the impeachment trial, with several senators widely known as staunch allies of Duterte and her father, former President Rodrigo Duterte.

Divisive actions

Hopefully, too, Cayetano will heed the appeals of his fellow senators and former Senate presidents to accept the decision of a new majority to break the deadlock and continue the Senate’s work.

The Senate presidency is a position bestowed by the collegial body on the one senator who inspires confidence and embodies calm and steady leadership to steer the chamber in fulfilling its mandate. Twelve senators have already lost confidence in Cayetano, whose divisive actions since leading a coup on May 11 have only spawned chaos, a shooting inside the Senate, the escape of a fugitive senator, and confusion and fear among Senate employees.

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Cayetano, no stranger to being elected and deposed, should read the room and step aside when he has lost the trust and confidence of even half of his colleagues. He must let others lead and rebuild the tarnished image and integrity of the Senate to face its solemn tasks ahead.