Case No.

8
Pimentel, Jr. v. Joint Committee of Congress, G.R. No. 163783, June 22, 2004

Facts: Senator Pimentel Jr. seeks to declare null and void the continued existence of the Joint
Committee and prohibit its continuous action. He claims that with the adjournment on June 11,
2004, by the 12th Congress of its last regular session, its legal existence has ended, and all
pending matters and proceedings end upon the expiration of the Congress.

Issue: Will Senator Pimentel's action prosper?

The main issue in the case of Pimentel v. Joint Committee of Congress is whether or not the
continued existence of the Joint Committee of Congress to canvass the votes for President and
Vice President upon its adjournment sine die is null and void. The petitioner, Sen. Pimentel, Jr.,
argues that the Joint Committee should cease conducting further proceedings after the
adjournment of Congress. However, the Supreme Court ruled that the Twelfth Congress did not
terminate upon adjournment and that the Joint Committee's existence was necessary to fulfill its
constitutionally mandated tasks.

Ruling:
The Supreme Court dismissed the petition, stating it had no constitutional basis. The term of the
Twelfth Congress did not terminate upon the adjournment sine die of the regular session. The
legislative functions of the Twelfth Congress, including being the National Board of Canvassers,
continue until the completion of its non-legislative duty to canvass the votes and proclaim the
duly elected President and Vice President. The joint public session can only adjourn sine die
once it has accomplished its constitutionally mandated task.

NO. The petitioner's claim that his arguments are buttressed by legislative procedure,
precedent, or practice as borne out by the rules of both Houses of Congress is directly
contradicted by Section 42 of Rule XIV of the Rules adopted by the Senate, of which he is an
incumbent member. This section provides that the Senate shall convene in joint session during
any voluntary or compulsory recess to canvass the votes for President and Vice-President by
thirty days after the day of the elections following Section 4, Article VII of the Constitution.
Moreover, as pointed out in the Comment filed by the Senate Panel for the respondent Joint
Committee and that of the Office of the Solicitor General, 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. Thus,
during the 1992 Presidential elections, both Houses of Congress adjourned sine die on May 25,
1992.

On June 16, 1992, the Joint Committee finished tallying the votes for President and
Vice-President. After that, on June 22, 1992, the Eighth Congress convened in a joint public
session as the National Board of Canvassers and, on the same date, proclaimed Fidel V.
Ramos and Joseph Ejercito Estrada as President and vice president, respectively. On the other
hand, during the 1998 Presidential elections, both Houses of Congress adjourned sine die on
May 25, 1998. The Joint Committee counted the votes for President and Vice President on May
27, 1998. The Tenth Congress convened as the National Board of Canvassers in a joint public
session on May 29, 1998. It proclaimed Joseph Ejercito Estrada as President and Gloria
Macapagal Arroyo as President and Vice-President, respectively.