Allies, Cayetano file SC petition to restore pre-Gatchalian Senate

MANILA, Philippines — Senator Alan Peter Cayetano and his allies have sought the help of the Supreme Court amid the ongoing leadership row in the Senate. The Cayetano-led faction asked the high court to halt the “mob rule” and restore structural stability at the Senate.

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In an 87-page petition, the group sought a status quo ante order that would restore Cayetano as Senate President, Loren Legarda as Senate President Pro Tempore, and reinstate committee chairmanships and other Senate posts to their status before June 3.

The petition stemmed from the Senate session held after Sen. Jinggoy Estrada was arrested on a Sandiganbayan order. Cayetano-led majority boycotted the session in protest of what they called “selective prosecution”.

With Estrada under arrest and Sen. Ronald “Bato” dela Rosa in hiding, members of the Cayetano bloc stayed away from the session. However, instead of only 11 senators being present, Sen. Francis Escudero, who had previously been identified with the Cayetano bloc, attended the proceedings.

The session proceeded and designated Sen. Sherwin Gatchalian as acting Senate president and acting Senate president pro tempore. Senators also elected Sen. Juan Miguel Zubiri as majority leader, reassigned several key committee chairmanships, replaced the Senate secretary and sergeant-at-arms, and adjourned the First Regular Session of the 20th Congress sine die.

‘Mob rule, no quorum’

“What occurred on June 3, 2026 was nothing less than mob rule–a rule that is anathema to democratic system of government where laws, not men rule,” read the petition.

“With all due respect, given the audacious behavior of the 12 persons who conspired to call a rump session into order, mob rule may be seen to carry the day for the foreseeable future–having been emboldered by the Executive Branch and by the House of Representatives–unless the Honorable Court intervenes and sets them in place,” the petition further stated.

The petitioners argue that the June 3 event was unconstitutional as it lacked the required legislative quorum.

READ: Alan Peter Cayetano’s FB leadership blamed for Senate mess

Citing Section 16(2), Article VI of the Constitution, petitioners said a strict majority (at least 13 members) is required to do business. They maintain that in the absence of a quorum, the lesser number is constitutionally limited to only two actions: adjourning from day to day or compelling the attendance of absent members.

The petition characterizes the escalating conflict as a fundamental fight to protect the delicate system of checks and balances separating the co-equal branches of government.

‘Executive overreach’

They said the independent voice of the legislature has been severely compromised by executive overreach, pointing out that Malacañang recognized Gatchalian as the legitimate Senate leader the very next day.

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“This petition is not a mere dispute over political titles or legislative hierarchy; it is a defense of the constitutional architecture of our Republic. At its core, this controversy arises from a flagrant disregard for the fundamental rules that safeguard the independence of the Legislature, particularly the Senate. By engineering the ouster of the sitting Senate President and installing a successor favored by the Executive Branch – all during a session that conspicuously lacked the requisite legal quorum — a breakaway legislative bloc has not only subverted internal parliamentary rules but has struck a dangerous blow against the institutional integrity of the Senate and the bedrock constitutional principle of separation of powers,” they added.

They cautioned that if a minority faction is permitted to reshape leadership at the behest of the Executive, the upper chamber ceases to be a counterweight to power and instead transforms into a rubber stamp for executive ambition.

READ: Cayetano announces Senate work schedule asserts presidency

Earlier, in a Facebook post, Cayetano, said the petition seeks to protect the Senate as an institution and uphold constitutional safeguards, arguing that the issues raised go beyond personalities and political alignments.

As the petition explains, this is not about a Senate leadership issue,” Cayetano said. “Leadership positions are temporary stewardship. Leaders come and go. Political alliances change. Majorities rise and fall.”

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