AQUILINO V. PIMENTEL v.

JOINT COMMITTEE OF CONGRESS TO CANVASS VOTES CAST FOR

PRESIDENT AND VICE-PRESIDENT IN THE MAY 10, 2004 ELECTIONS.
G.R. No. 163783 June 22, 2004 J. Puno

FACTS:

 Senator Aquilino Q. Pimentel filed a petition for Prohibition seeking to declare null and void the
continued existence of the Joint Committee of Congress to determine the authenticity and due
execution of the certificates of canvass and preliminarily canvass the votes cast for Presidential
and Vice- Presidential candidates in the May 10, 2004 elections following the adjournment of
Congress sine die on June 11, 2004.
 The petitioner prays for the issuance of the writ of prohibition directing the Joint Committee to
cease and desist from conducting any further proceedings pursuant to the Rules of the Joint
Public Session of Congress on Canvassing.

PETITIONER’S ARGUMENTS:

 According to petitioner, the 12th Congress has been adjourned which indicates that the joint house
committee must be terminated. Henceforth, petitioner contends that “all pending matters and
proceedings terminate upon the expiration of the Congress.”
 He relies on the “legislative procedure, precedent, or practice borne by the rules of both Houses
of Congress.”
 Petitioner contends that the existence and proceedings of the Joint Committee of Congress are
invalid, illegal, and unconstitutional following the adjournment sine die of both houses of
Congress of their regular sessions on June 11, 2004.
 He cited Section 15, Article VI of the Consitution:
Sec 15. The Congress shall convene once every year on the fourth Monday of July for its regular
session, unless a different date is fixed by the law, and shall continue to be in session for such
number of days as it may determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special
session at any time.

RESPONDENT’S ARGUMENTS:
 The precedents set by the 1992 and 1998 Presidential Elections do not support the move to stop
the ongoing canvassing by the Joint Committee citing the observations of former Senate President
Jovito Salonga.
 During the 1992 Presidential Elections, both Houses of Congress adjourned on May 25, 1992. On
June 16, 1992, the Joint Committee finished tallying the votes for President and Vice-President.
Thereafter, Fidel Ramos and Joseph Ejercito Estrada were proclaimed President and Vice-
President, respectively.
 In the 1998 Presidential Elections, both Houses adjourned on May 25, 1998. The Joint Committee
finished tallying the votes on May 27, 1998 and the proclamation of President and Vice-President
was held on May 29, 1998.

ISSUE:
Will Senator Pimentel’s action prosper?

RULING:
 The petition has absolutely no basis under the constitution and must be dismissed.
 Petitioner’s arguments directly contradicted by Section 42 of Rule XIV of the Rules adopted by
the Senate.
 Section 42 clearly provides that the Senate shall convene in joint session during any voluntary
or compulsory recess to canvass the votes for President and Vice- President not later than thirty
(30) days after the election in accordance with Section 4, Article VII of the Constitution.
 The term of the Twelfth Congress did not terminate and expire upon the adjournment of the
regular sessions of both Houses of Congress.
 Section 15, Article VI does not pertain to the term of Congress, but to its regular annual
legislative sessions.
 The legislative functions of the Twelfth Congress may have come to a close upon the final
adjournment of its regular sessions, but this does not affect its non-legislative functions, such as
that of being the National Board of Canvassers.
 The joint public session convened by express directive of Section 4, Article VII of the
Constitution to canvass the votes for and to proclaim the newly elected President and Vice-
President has not and cannot adjourn until it has accomplished its constitutionally mandated
tasks.
 Despite the adjournment of the Congress, there is no legal impediment to the Joint Committee
completing the tasks assigned and transmitting its report for the approval of the joint public
session of both Houses of Congress.