PIMENTEL v. JOINT COMMITTEE OF CONGRESS, G.R. No.

163783, June 22, 2004 EN

BANC

FACTS:
Nature of Action: Petition for Prohibition Petitioner: 1. Sen. Pimentel, Jr., seeks a judgment
declaring 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. 2. He prays for issuing a writ
of prohibition directing the Joint Committee to cease conducting further proceedings according
to the Rules of the Joint Public Session of Congress on Canvassing. 3. With the adjournment
sine die by the Twelfth Congress on June 11, 2004, all pending matters and proceedings
terminate upon its expiration (citing Section 15, Art. VI/6 of the Constitution). Respondent: 1.
The precedents set by the 1992 and 1998 Presidential Elections do not support the move to
stop the ongoing canvassing by the Joint Committee.

ISSUE:
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,

RULING:
Sec. 15. Art. VI: The Congress shall convene once every year on the fourth Monday of July for
its regular session, unless a different date is fixed by law. It shall continue to be in session for as
many 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.

Contrary to the petitioner's argument, however, the term of the present Twelfth Congress did not
terminate and expire upon the adjournment sine die of the regular session of both Houses on
June 11, 2004.

Section 15 of Article VI of the Constitution cited by the petitioner does not pertain to the term of
Congress but to its regular annual legislative sessions and the mandatory 30-day recess
before the opening of its next regular session (subject to the power of the President to call a
special session at any time).

Section 4 of Article VIII/8 provides that "[t]he term of office of the Senators shall be six years
and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election." Similarly, Section 7 provides that the Members of the House of
Representatives shall be elected for a term of three years. Consequently, there being no law to
the contrary, until June 30, 2004, the present Twelfth Congress to which the current legislators
belong cannot be said to have passed out of legal existence."

The legislative functions of the Twelfth Congress may have come to a close upon the final
adjournment of its regular sessions on June 11, 2004, but this does not affect its
non-legislative functions. In fact, The joint public session of both Houses of Congress
convened by express directive of Section 4, Article VII/7, to canvass the votes for and to
proclaim the newly elected president and vice president has not, and cannot, adjourn sine die
until it has accomplished its constitutionally mandated tasks. Only when a board of canvassers
has completed its functions rendered functus officio. Its membership may change, but it
maintains authority as a board until it has accomplished its purposes.

Since the Twelfth Congress has not yet completed its non-legislative duty to canvass the votes
and proclaim the duly elected President and VP, its existence as the National Board of
Canvassers, as well as that of the Joint Committee to which it referred the preliminary tasks of
authenticating and canvassing the certificates of canvass, has not become
functus officio

HELD:
Supreme Court: The instant Petition is a result of this dismissal.
1. The Petition has no basis under the Constitution.
2. The term of the present Twelfth Congress did not terminate and expire upon the adjournment
sine die of the regular session of both Houses on June 11, 2004 (Section 15, Art. VI of the
Constitution does not pertain to the term of Congress but to its regular annual legislative
sessions).
3. The legislative functions of the Twelfth Congress may have come to a close upon the final
adjournment of its regular sessions on June 11, 2004, but this does not affect its non-legislative
functions, such as being the National Board of Canvassers.
4. The joint public session can only adjourn sine die once it has accomplished its constitutionally
mandated task.