Yung mga ulalo na nagsasabing pro temp lang daw naman, di na kailangan ng 13, ay hindi binasa ang Rule II, Sec. 2 ng Senate rules. πππππ
Section 16, Article VI of the 1987 Constitution says:
"The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of ALL its respective Members."
What did the framers mean by "all the members of the Senate"? They meant a literal count, not quorum or those present. "All the members" equals 24 senators. The Constitution fixed Senate membership at 24 in Sec. 2, Art. VI.
Fr. Joaquin Bernas, ConCom member, confirmed the intent in his commentary on the 1987 Constitution: they rejected the phrase βmajority of those presentβ because the Senate President is 3rd in line to the presidency. They wanted a 13/24 MINIMUM, even with absences or vacancies.
The Supreme Court uses this exact phrase to strike down β12-senator electionsβ
When the Senate tried electing an SP with only 12 senators present, the SC cited Sec. 16(1) and said, in effect, that the Senate is composed of 24 members. A majority of 24 is 13. Without 13 senators present, the Senate cannot validly transact business.
It's all very simple arithmetic. I don't know why the ulalo minority has to complicate it.