Republic of the Philippines
G.R. No. L-2821 March 4, 1949
JOSE AVELINO, petitioner,
MARIANO J. CUENCO, respondent.
Vicente J. Francisco for petitioner.
Office of the 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.
R E S O L U T I O N
In G.R. No. L-2821, Avelino vs. Cuenco, the Court by a vote of six justices against four resolved to deny the petition.
Without prejudice to the promulgation of a more extended opinion, this is now written briefly to explain the principal grounds for the denial.
The Court believes the following essential facts have been established:
In the session of the Senate of February 18, 1949, Senator Lorenzo M. Tañadare quested that his right to speak on the next session day, February 21, 1949, to formulate charges against the then Senate President Jose Avelino be reserved. His request was approved.
On February 21, 1949, hours before the opening of the session Senator Tañada and Senator Tañada and Senator Prospero Sanidad filed with the Secretary of the Senate a resolution enumerating charges against the then Senate President and ordering the investigation thereof.
Although a sufficient number of senators to constitute a quorum were at the Senate session hall at the appointed time (10:00 A.M.), and the petitioner was already in his office, said petitioner delayed his appearance at the session hall until about 11:35 A.M. When he finally ascended the rostrum, he did not immediately open the session, but instead requested from the Secretary a copy of the resolution submitted by Senators Tañada and Sanidad and in the presence of the public he read slowly and carefully said resolution, after which he called and conferred with his colleagues Senator Francisco and Tirona.