07/06/2026
โ๏ธ ๐ณ๐๐โ๐ ๐๐๐ ๐๐๐ ๐๐๐๐
๐๐ ๐๐๐๐ ๐ญ๐๐๐๐๐ ๐ช๐๐๐๐ ๐ฑ๐๐๐๐๐๐ ๐ด๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐
๐๐
๐๐๐๐ ๐๐๐๐ ๐
๐๐๐๐
๐๐
๐๐๐ ๐จ๐๐๐๐๐๐ ๐๐. ๐ช๐๐๐๐๐ ๐๐๐๐ ๐๐ 1949. ๐ญ๐ช๐ฑ ๐ด๐๐๐๐โ๐ ๐๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐. ๐น๐๐๐๐๐
๐๐, ๐๐ ๐๐ ๐๐๐ ๐ซ๐ซ๐บ, ๐๐๐ ๐ท๐๐ ๐ฉ๐ฉ๐ด, ๐๐๐ ๐ท๐๐๐, ๐๐๐ ๐๐๐๐๐๐ ๐ ๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐๐๐.
Here is the FULL TEXT of his opinion:
โMORAN, C.J., concurring:
I believe that this Court has jurisdiction over the case. The present crisis in the Senate is one that imperatively calls for the intervention of the Court.
Respondent Cuenco cannot invoke the doctrine of non-interference by the courts with the Senate because the legal capacity of his group of twelve senators to acts as a senate is being challenged by petitioner on the groundof lack of quorum (Attorney General ex rel. Werts vs. Rogers et al., Atl. 726; 23 L. R. A., 352). If this group is found sufficient to constitute a quorum under the Constitution, then its proceedings should be free from interference. But if it is not possessed of a valid quorum, then its proceedings should be voided.
The issue as to the legal capacity of the Cuenco group to act as a senate cannot be considered a political question the determination of which devolves exclusively upon the Senate. That issue involves a constitutional question which cannot be validly decided either by the Cuenco group or by the Avelino group separately, for, if the Cuenco group has no quorum, the Avelino has decidedly less. And for obvious reasons, the two groups cannot act together inasmuch as the members of the Avelino group, possibly to avoid trouble, do not attend the sessions presided by the respondent believing as they do that the latter was illegally elected. Upon the other hand, the Cuenco group believing itself as possessing the constitutional quorum and not desiring to make any semblance of admission to the contrary, does not find it convenient to compel the attendance of any senator of the Avelino group. Then the question arises--who will decide the conflict between the two groups? This anomalous situation will continue while the conflict remains unsettled, and the conflict will remain unsettled while this Court refuses to intervene. In the meantime the validity of all the laws, resolutions and other measures which may be passed by the Cuenco group will be open to doubt because of an alleged lack of quorum in the body which authored them. This doubt may extend, in diverse forms, to the House of Representative and to the other agencies of the government such as the Auditor General's Office. Thus, a general situation of uncertainty, pregnant with grave dangers, is developing into confusion and chaos with severe harm to the nation. This situation may, to a large extent, be stopped and constitutional processes may be restored in the Senate if only this Court, as the guardian of the Constitutional, were to pronounce the final word on the constitutional mandate governing the existing conflict between the two groups. And, in my opinion, under the present circumstances, this Court has no other alternative but to meet challenge of the situation which demands the utmost of judicial temper and judicial statesmanship. As hereinbefore stated, the present crisis in the Senate is one that imperatively calls for the intervention of this Court.
๐๐ฌ ๐ญ๐จ ๐ญ๐ก๐ ๐ฅ๐๐ ๐๐ฅ๐ข๐ญ๐ฒ ๐จ๐ ๐ซ๐๐ฌ๐ฉ๐จ๐ง๐๐๐ง๐ญ'๐ฌ ๐๐ฅ๐๐๐ญ๐ข๐จ๐ง ๐๐ฌ ๐๐๐ญ๐ข๐ง๐ ๐๐ซ๐๐ฌ๐ข๐๐๐ง๐ญ ๐จ๐ ๐ญ๐ก๐ ๐๐๐ง๐๐ญ๐,๐ ๐๐ข๐ซ๐ฆ๐ฅ๐ฒ ๐๐๐ฅ๐ข๐๐ฏ๐ ๐ญ๐ก๐๐ญ ๐๐ฅ๐ญ๐ก๐จ๐ฎ๐ ๐ก ๐ฉ๐๐ญ๐ข๐ญ๐ข๐จ๐ง๐๐ซ'๐ฌ ๐๐๐ฃ๐จ๐ฎ๐ซ๐ง๐ฆ๐๐ง๐ญ ๐จ๐ ๐ญ๐ก๐ ๐ฌ๐๐ฌ๐ฌ๐ข๐จ๐ง ๐จ๐ ๐
๐๐๐ซ๐ฎ๐๐ซ๐ฒ ๐๐, ๐๐๐๐, ๐ฐ๐๐ฌ ๐ข๐ฅ๐ฅ๐๐ ๐๐ฅ๐ข๐ญ๐ฒ ๐๐๐ง๐ง๐จ๐ญ ๐๐ ๐๐จ๐ฎ๐ง๐ญ๐๐ซ๐๐ ๐ฐ๐ข๐ญ๐ก ๐๐ง๐จ๐ญ๐ก๐๐ซ ๐ข๐ฅ๐ฅ๐๐ ๐๐ฅ๐ข๐ญ๐ฒ. ๐๐ก๐ ๐ฌ๐๐ฌ๐ฌ๐ข๐จ๐ง ๐ฐ๐ก๐๐ซ๐๐ข๐ง ๐ซ๐๐ฌ๐ฉ๐จ๐ง๐๐๐ง๐ญ ๐ฐ๐๐ฌ ๐๐ฅ๐๐๐ญ๐๐ ๐๐ฌ ๐๐๐ญ๐ข๐ง๐ ๐๐ซ๐๐ฌ๐ข๐๐๐ง๐ญ ๐จ๐ ๐ญ๐ก๐ ๐๐๐ง๐๐ญ๐ ๐ฐ๐๐ฌ ๐ข๐ฅ๐ฅ๐๐ ๐๐ฅ ๐๐๐๐๐ฎ๐ฌ๐ ๐ฐ๐ก๐๐ง ๐๐๐ง๐๐ญ๐จ๐ซ ๐๐๐๐๐ง๐๐ ๐ซ๐๐ข๐ฌ๐๐ ๐ญ๐ก๐ ๐ช๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง ๐จ๐ ๐ ๐ช๐ฎ๐จ๐ซ๐ฎ๐ฆ ๐๐ง๐ ๐ญ๐ก๐ ๐ซ๐จ๐ฅ๐ฅ ๐ฐ๐๐ฌ ๐๐๐ฅ๐ฅ๐๐, ๐จ๐ง๐ฅ๐ฒ ๐ญ๐ฐ๐๐ฅ๐ฏ๐ ๐ฌ๐๐ง๐๐ญ๐จ๐ซ๐ฌ ๐ฐ๐๐ซ๐ ๐ฉ๐ซ๐๐ฌ๐๐ง๐ญ. ๐๐ง ๐ญ๐ก๐ ๐๐ก๐ข๐ฅ๐ข๐ฉ๐ฉ๐ข๐ง๐๐ฌ ๐ญ๐ก๐๐ซ๐ ๐๐ซ๐ ๐ญ๐ฐ๐๐ง๐ญ๐ฒ-๐๐จ๐ฎ๐ซ ๐ฌ๐๐ง๐๐ญ๐จ๐ซ๐ฌ, ๐๐ง๐ ๐ญ๐ก๐๐ซ๐๐๐จ๐ซ๐, ๐ญ๐ก๐ ๐ช๐ฎ๐จ๐ซ๐ฎ๐ฆ ๐ฆ๐ฎ๐ฌ๐ญ ๐๐ ๐ญ๐ก๐ข๐ซ๐ญ๐๐๐ง. ๐๐ก๐ ๐๐ฎ๐ญ๐ก๐จ๐ซ๐ข๐ญ๐ข๐๐ฌ ๐จ๐ง ๐ญ๐ก๐ ๐ฆ๐๐ญ๐ญ๐๐ซ ๐๐ซ๐ ๐๐ฅ๐๐๐ซ.
The constitution of our state ordains that a majority of each house shall constitute a quorum. the house of representative consist of 125 members; 63 is a majority and quorum. When a majority or quorum are present, the house can do business; not otherwise. A quorum possessed all the powers of the whole body, a majority of which quorum must, of course, govern. (In re Gunn, 50 Kan., 155; 32 P., 470, 476; 19 L.R.A., 519.)
Quorum as used in U. S. C. A. Const. Art. 4 sec. 8, providi
