[G.R. No. L-2821. March 4, 1949. ]
JOSE AVELINO, Petitioner, v. MARIANO J. CUENCO, Respondent.
Vicente J. Francisco for Petitioner.
Solicitor General Felix Angelo Bautista, Ramon Diokno and Lorenzo M. Tañada for Respondent.
Teehankee, Fernando, Sunico & Rodrigo; Vera, Montesines & Navarro; Felixberto M. Serrano and Vicente del Rosario as amici curiae.
1. CONSTITUTIONAL LAW; SEPARATION OF POWERS; SUPREME COURT HAS NO JURISDICTION OVER SENATE CONTROVERSY FOR SELECTION OF PRESIDING OFFICER. — The subject matter of this quo warranto proceeding — to declare petitioner the rightful President of the Philippines Senate and oust respondent — is not within the jurisdiction of the Supreme Court, in view of the separation of powers, the political nature of the controversy (Alejandrino v. Quezon 46 Phil., 83., 1) and the constitutional grant to the Senate of the power to elect its own president, which power should not be interfered with nor taken over by the judiciary. The selection of the presiding officer of the Philippine Senate affects only the senators themselves who are at liberty at any time to choose their officers, change or reinstate them.
2. ID.; ID.; ID.; CONSTITUTIONAL AND POLITICAL LAW; SEPARATION OF POWERS; WHEN MAY SUPREME COURT ASSUME JURISDICTION OVER SENATE CONTROVERSY FOR SELECTION OF PRESIDING OFFICER. — 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 twenty-four Senators being in the United States.