Barok’s Verdict: When Senators Act Like Tipsy Barangay Tambays
By Louis “Barok” C. Biraogo — June 5, 2026
LET me be blunt. On June 4, 2026, the Philippine Senate — a co-equal branch of government — reduced itself to a shoving match in a lobby. Senator Robin Padilla jostled Secretary of the Department of the Interior and Local Government (DILG) Jonvic Remulla. Why? Because Remulla, at a disputed Senate leadership’s request, stood with arms outstretched like a mall security guard who forgot his jurisdiction.
Senator Imee Marcos — the President’s own sister — asked the only legally precise question of the day: “Bakit po narito ang DILG Secretary? Maraming nagtatanong kung LGU na lamang ang Senate?”
The answer: No, the Senate is not a Local Government Unit (LGU). But on June 4, it acted like one.

The Senate Shove: Legally Nil, Symbolically Seismic
Against Padilla: Under Articles 262–266 of the Revised Penal Code (Act No. 3815), physical injuries require actual harm. None reported. Direct assault under Article 148 of the RA 3815? Remulla is a public authority, but a brief push caught on video falls below “attack, force, or serious intimidation.”
For Padilla: Under Article VI, Section 21 of the 1987 Constitution of the Republic of the Philippines, a senator facilitating witness access to a committee hearing performs an official legislative function. That cloak of independence is constitutionally thicker than Remulla’s DILG windbreaker.
Barok verdict: Two grown men engaged in slight physical contact while P805 billion in alleged flood control kickbacks waited in the background. This is not a crime. This is Exhibit A in the theater of the absurd: a shoving match to distract from the grand heist of public trust.
The June 3 “Coup”: Quorum Games and Constitutional Gray Areas
The Gatchalian bloc invoked Avelino v. Cuenco, G.R. No. L-2821, March 4, 1949 — when senators are beyond the Senate’s coercive jurisdiction, the quorum base reduces from 24, allowing 12 senators to act.
Legal merit: Former Senate Presidents Drilon and Pimentel III affirmed it. The Integrated Bar of the Philippines agreed.
Legal poison: Cayetano’s counter-argument has genuine doctrinal weight. The Senate adjourned on May 26 and reconvened on June 1. Avelino v. Cuenco applies to absences during a continuous session, not a fresh roll call after adjournment. That distinction has never been squarely ruled upon.
And under Article VI, Section 16(1) of the 1987 Constitution, a full Senate President requires 13 votes — an absolute majority of all 24 members. The Gatchalian bloc elected only a President Pro Tempore. Legally clever. Constitutionally unsettled.
Jonvic Remulla’s Unauthorized Stroll: Executive Intrusion in Senate Territory
Under Article VI, Section 1 of the 1987 Constitution, legislative power is vested in Congress. The Senate is co-equal and independent. A Cabinet secretary — a creature of the Executive under Article VII, Section 17 of the 1987 Constitution — has no constitutional authority to be deployed to Senate premises to “maintain order” at any faction’s direction.
Precedent: Arnault v. Nazareno, G.R. No. L-3820, July 18, 1950 affirmed the Senate’s inherent contempt power and autonomy from executive interference. Bengzon v. Senate Blue Ribbon Committee, G.R. No. 89914, November 20, 1991 cuts both ways — just as the judiciary cannot intrude, neither can the executive.
The Remulla brothers‘ conflict: Jonvic disrupting testimony feeding into the docket of his brother, Ombudsman “Boving” Remulla. Under Section 4 of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and Section 5 of Republic Act No. 6770 (The Ombudsman Act of 1989), that is a structural conflict of constitutional gravity.
Remulla’s defense: “I was walking out.” Video shows arms outstretched at the lobby entrance. The defense does not survive freeze-frame.
Eviscerating the Players: No One Leaves the Kweba Clean
Alan Peter Cayetano: Your hearing proceeded without Senate stenographers — under Senate v. Ermita, G.R. No. 169777, April 20, 2006 and Section 21, Article VI of the 1987 Constitution, that casts doubt on its legal status. Your investigation names every political enemy of your Duterte patrons. That is not impartial inquiry. That is a political hit list with gavels.
Sherwin Gatchalian: Your 12-vote quorum maneuver is legally clever but democratically unsettling. Your authority rests on a 1949 case applied to a 2026 situation the Court has never blessed. You are acting Senate President pro tempore. The “temp” is doing heavy lifting.
Imee Marcos: Your question was constitutionally precise. But you are positioning for 2028. Your loyalty to the Duterte bloc outweighs fraternal solidarity. That is not patriotism. That is political calculus with a family discount.
The Palace: “Umayos kayo,” said Press Officer Castro — from an administration whose own Cabinet secretary was physically embedded in one side of the conflict. The immediate recognition of the Gatchalian faction serves one interest: redirecting the flood control investigation away from the President’s name.
The 18 Ex-Marines: Credible Witnesses or Convenient Weapons?
For credibility: Corroborates Orly Guteza’s testimony. Specific operational detail — a Makati money exchange, P50–60 million, delivery to Romualdez. Twelve additional ex-Marines feared for their safety.
Against credibility: Senator Sotto accused of receiving kickbacks when he was not a senator. An alleged “executive assistant” reportedly died in 2015. Those are not minor inconsistencies. Those are catastrophic factual errors.
Under Rule 130, Section 22 of the Rules of Court, witnesses must have personal knowledge. Under People v. Mamalias (G.R. No. 132325, July 26, 2001, accomplice testimony requires corroboration. The suitcase testimony is inherently corroborable — delivery records, surveillance footage, bank records. Where are they?
P805 Billion Flood Control Kickbacks: The Real Engine of the Coup
The Cayetano-led investigation was targeting the administration. The Gatchalian coup removed the Cayetanos from investigative power. The new Tulfo-led committee will redirect, slow-walk, or bury the inquiry.
If true: Plunder under Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) — reclusion perpetua, non-bailable. Malversation under Article 217 of the Revised Penal Code (Act No. 3815). Graft under Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
The Ombudsman has already filed charges against contractors. The question is whether the chain reaches upward — a question whose answer depends entirely on who controls the Blue Ribbon Committee.
Escape Routes from the Absurd: Three Scenarios
Scenario 1 — Supreme Court intervention: The cleanest resolution. The Court must rule on the June 3 session’s validity and the impermissibility of executive officers on Senate premises. But the Court moves slowly.
Scenario 2 — State of the Nation Address (SONA) compromise before July 27: The administration’s preference. Cayetano steps down in exchange for concessions. The investigation continues but is “managed.” This is not resolution. This is a stay of execution.
Scenario 3 — Gatchalian secures the 13th vote: Most probable. Constitutional ambiguity dissolves. The investigation continues under Tulfo — meaning it likely goes nowhere near the President.
Barok’s Rx: What the Supreme Court, Ombudsman, and Senate Must Do
- To the Supreme Court: Accept jurisdiction. Rule on Avelino‘s application to post-adjournment reconvening. Rule that no executive officer may be deployed to Senate premises absent a specific security threat handled through the Senate Sergeant-at-Arms.
- To the Ombudsman: Publicly address the Remulla brothers’ conflict. Under Section 9 of RA 6713, formal recusal is not optional — it is mandatory.
- To the Senate: Elect a full Senate President with 13 clear votes. Then agree that the flood control investigation proceeds with full official support — regardless of where it leads.
- To the 18 Marines: Apply for witness protection under Republic Act No. 6981 (Witness Protection, Security and Benefit Act). File supplemental affidavits addressing the Sotto inconsistency.
- To the politicians: Stop using the Senate as a 2028 campaign stage. The country has P805 billion reasons to want the truth.
Final Verdict: This Is Not Democracy — It’s Constitutional Theater of the Absurd
The Padilla–Remulla jostle is legally nothing. But symbolically, it is everything — the visible symptom of a Senate that has ceased to function as a co-equal branch and become an arena for dynastic warfare.
A Senate that cannot enter its own plenary hall without a Cabinet secretary blocking the corridor. Hearings without official records. Two blocs simultaneously claiming the right to legislate.
This is not democracy. This is not the rule of law. This is constitutional theater of the absurd — and Barok is not clapping.
— Barok, mula sa kweba
“Kapag ang Senado ay naging sabungan, ang nanalo ay hindi ang manok — kundi ang bulok na sistema.”
Key Citations
A. Legal & Official Sources
- Philippines. The 1987 Constitution of the Republic of the Philippines. 1987. Official Gazette of the Republic of the Philippines, www.officialgazette.gov.ph/constitutions/1987-constitution/.
- Philippines, Supreme Court. Arnault v. Nazareno. G.R. No. L-3820, 18 July 1950. Lawphil Project, lawphil.net/judjuris/juri1950/jul1950/gr_l-3820_1950.html.
- Philippines, Supreme Court. Avelino v. Cuenco. G.R. No. L-2821, 4 Mar. 1949. Lawphil Project, lawphil.net/judjuris/juri1949/mar1949/gr_l-2821_1949.html.
- Philippines, Supreme Court. Bengzon v. Senate Blue Ribbon Committee. G.R. No. 89914, 20 Nov. 1991. Lawphil Project, lawphil.net/judjuris/juri1991/nov1991/gr_89914_1991.html.
- Philippines, Supreme Court. Senate v. Ermita. G.R. No. 169777, 20 Apr. 2006. Lawphil Project, lawphil.net/judjuris/juri2006/apr2006/gr_169777_2006.html.
- Philippines. Supreme Court. People v. Mamalias. G.R. No. 132325, 26 July 2001. The LawPhil Project, Arellano Law Foundation, lawphil.net/judjuris/juri2001/jul2001/gr_132325_2001.html.
- Philippines. Republic Act No. 3019: Anti-Graft and Corrupt Practices Act. 17 Aug. 1960. Lawphil Project, lawphil.net/statutes/repacts/ra1960/ra_3019_1960.html.
- Philippines. Republic Act No. 6713: An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees. 20 Feb. 1989. Official Gazette of the Republic of the Philippines, https://www.officialgazette.gov.ph/1989/02/20/republic-act-no-06713/.
- Philippines. Republic Act No. 6770: An Act Providing for the Functional and Structural Organization of the Office of the Ombudsman, and for Other Purposes. 17 Nov. 1989. Lawphil Project, lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html.
- Philippines. Republic Act No. 6981: An Act Providing for a Witness Protection, Security and Benefit Program and for Other Purposes. 24 Apr. 1991. Lawphil Project, lawphil.net/statutes/repacts/ra1991/ra_6981_1991.html.
- Philippines. Republic Act No. 7080: An Act Defining and Penalizing the Crime of Plunder. 12 July 1991. Lawphil Project, lawphil.net/statutes/repacts/ra1991/ra_7080_1991.html.
- Philippines. Revised Penal Code, Act No. 3815. 8 Dec. 1930. Lawphil Project, https://lawphil.net/statutes/acts/act1930/act_3815_1930b.html.
- Philippines, Supreme Court. Rules of Court, Rule 130. 1 July 1989. Lawphil Project, https://lawphil.net/courts/rules/rc_128-134_evidence.html.
B. News Reports
- Rita, Joviland “Robin Padilla, Jonvic Remulla Jostle as 18 Ex-Marines Enter Senate.” GMA News Online, 4 June 2026, http://www.gmanetwork.com/news/topstories/nation/990183/robin-padilla-jonvic-remulla-jostle-as-18-ex-marines-enter-senate/story/.

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