The Integrated Bar of the Philippines (IBP) asserted that a Senate session attended by only 12 senators may still constitute a valid quorum if some members are beyond the chamber’s power to compel attendance.

In an official statement issued on June 4, the IBP’s 27th Board of Governors, through the Office of the National Director for Communications, said the June 3 Senate session remained valid despite the physical presence of only 12 senators, citing the Supreme Court’s (SC) 1949 ruling in Avelino v. Cuenco on the determination of quorum.

The statement came amid questions over whether the Senate had a valid quorum to conduct official business during the June 3 session, with the IBP asserting that official business conducted that day remained lawful under existing constitutional doctrine.

Under Article VI, Section 16(2) of the 1987 Constitution, “a majority of each House shall constitute a quorum to do business,” although a smaller number may adjourn proceedings and compel absent members to attend.

The IBP said the SC, in Avelino v. Cuenco, interpreted an identically worded constitutional provision to mean quorum may be determined based on members who can realistically be compelled to attend.

“When the Constitution declares that a majority of ‘each House’ shall constitute a quorum, ‘the House’ does not mean ‘all’ the members,” the Court said in Avelino v. Cuenco, as cited in the IBP statement.

The IBP said the doctrine applied to the June 3 session because two senators allegedly could not be compelled to attend — one due to detention in connection with a non-bailable offense and another whose whereabouts had reportedly been unknown since May 14, 2026.

“Therefore, these two (2) senators are considered as beyond the reach of the Senate and cannot be compelled to attend its sessions,” the IBP said.

With the exclusion of the two senators, the number of senators considered available for quorum purposes was reduced to 22, making the attendance of 12 senators sufficient to constitute a majority, according to the statement.

“Twelve (12) Senators therefore constituted a majority of those available, and thus a valid quorum was constituted for the Senate to conduct official business,” the IBP said.

According to the IBP, actions taken during the June 3 session are presumed official under the presumption of regularity in the discharge of official functions.

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