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Avelino vs. Cuenco [SEPARATE OPINIONS]

JOSE AVELINO, petitioner, vs. MARIANO J. CUENCO, respondent. [SEPARATE OPINIONS]

G.R. No. L-2821 | 1949-03-04

SEPARATE OPINIONS 

MORAN, C. J., concurring in part and dissenting in part:

I believe that this Court has jurisdiction over the case. 1 The present crisis in the Senate is one that imperatively calls for the intervention of this Court.

Respondent Cuenco cannot invoke the doctrine of noninterference by the courts with the Senate because the legal capacity of his group of twelve senators to act as a senate is being challenged by petitioner on the ground of lack of quorum (Attorney General ex rel. Werts vs. Rogers et al., 28 Atl. 726; 23 L. R. A., 354). If this group is found sufficient to constitute a quorum under the Constitution, then...