POLITICAL LAW REVIEW

Presidency

PIMENTEL V. JOINT COMMITTEE Doctrine

G.R. No. 163783 | June 22, 2004 | Resolution
Petitioners: Aquilino Q. Pimentel, Jr.
Respondents: Joint Committee of Congress to
Canvass the Votes Cast for President and Vice-
President in the May 10, 2004 Elections
The joint public session of both Houses of Congress
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 sine die until it has accomplished its
constitutionally mandated tasks.

Facts: Senator Pimentel sought to declare as unconstitutional the continued existence of the Joint Committee
of Congress in charge of canvassing the votes cast for Presidential and Vice-Presidential candidates in the
2004 elections following the adjournment of Congress sine die on June 11, 2004. Petitioner asserts that upon
the adjournment sine die by the 12th Congress, its term terminated and expired and such Congress passed out
of legal existence. Hence, all pending matters and proceedings have been terminated, and the Joint Committee
has become functus officio.

Main Issue: Whether the continued existence of the Joint Committee is unconstitutional – NO

Ruling: Despite the adjournment sine die of Congress, the existence of the Joint Committee remains
constitutional. The Senate Rules clearly provide 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 days
after the day of the elections. Moreover, Art. VIII, Secs. 4 and 7 state that the term of Congress shall begin at
noon on the 30th day of June next following their election, unless otherwise provided by law. There being no law
to the contrary, the 12th Congress cannot be said to have passed out of legal existence until June 30, 2004.
Finally, while the legislative functions of the 12 th Congress ended upon the final adjournment of its regular
session, it has not yet completed its non-legislative duty to canvass the votes and proclaim the duly elected
President and Vice-President as the National Board of Canvasser in accordance with Art. VII, Sec. 4 of the
Constitution. Accordingly, the Joint Committee has not yet become functus officio and it must still complete the
tasks assigned to it and transmit its report for the approval of the joint public session of both Houses of
Congress.

Pertinent Provision: 1987 Const., Article VII, Sec. 4, par. 4. The returns of every election for President and
Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of
the Senate shall, not later than thirty days after the day of the election, open all certificates in the
presence of the Senate and the House of Representatives in joint public session, and the Congress,
upon determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

FACTS
● Petitioner Senator Pimentel filed a petition for prohibition, seeking to declare as unconstitutional the
continued existence of the Joint Committee of Congress to canvass the votes cast for Presidential
and Vice-Presidential candidates in the 2004 elections following the adjournment of Congress
sine die1 on June 11, 2004.
o According to petitioner, upon the adjournment sine die by the 12th Congress, its term terminated
and expired and such Congress passed out of legal existence. Hence, all pending matters and
proceedings have been terminated, and the Joint Committee has become functus officio.
o This is based on Art. VI, Sec. 15 of the Constitution, which states that “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, and shall continue to be in session for such number of days as it may

1
There are three types of Congress adjournment: (1) day-to-day; (2) yearly; and (3) sine die. Adjournment sine
die means that the Congress adjourns with no appointed date for resumption.
DELA CRUZ, Cedric
POLITICAL LAW REVIEW
Presidency

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.”
o Likewise, his claims are supported by legislative procedure, precedent or practice as borne out by
the rules of both Houses of Congress.
● The Court assumed jurisdiction over the petition pursuant to its power and duty "to determine whether or
not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government" under Art. VIII, Sec. 1 of the Constitution and its original
jurisdiction over petitions for prohibition under Sec. 5 of the same Article.

ISSUES + HELD
Whether the continued existence of the Joint Committee is unconstitutional – NO, despite the
adjournment sine die of Congress, the existence of the Joint Committee is still constitutional.
● Contrary to petitioner’s claim, Sec. 42, Rule XIV of the Senate Rules 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 days after the day of the elections in accordance with
Sec. 4, Art. VII of the Constitution.
● The precedents set by the 1992 and 1998 Presidential Elections do not support the move to stop
the ongoing canvassing by the Joint Committee.
○ 1992 – Congress adjourned sine die on May 25, Joint Committee finished tallying the votes on
June 16, and the 8th Congress convened as the National Board of Canvassers and proclaimed
the newly elected President and Vice President on June 22
○ 1998 – Congress adjourned sine die on May 25, Joint Committee completed the counting of votes
on May 27, and the 10th Congress convened on May 29 and proclaimed the newly elected
President and Vice President on June 22
● Moreover, the term of the 12th Congress did not terminate and expire upon the adjournment sine
die of the regular session of both Houses on June 11, 2004.
○ Art. VI, Sec. 15 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.
○ Instead, the term of Congress, as provided under Art. VIII, Secs. 4 and 7, shall begin at noon on
the 30th day of June next following their election, unless otherwise provided by law.
○ There being no law to the contrary, until June 30, 2004, the 12 th Congress cannot be said to have
passed out of legal existence.
● Finally, Congress has both legislative and non-legislative functions. Although the legislative
functions of the 12th Congress ended upon the final adjournment of its regular session on June 11, 2004,
the same is not true for its non-legislative functions, such as that of being the National Board of
Canvasser.
○ The Joint Committee convened by express directive of Art. VII, Sec. 4 of the Constitution
to canvass the votes for and to proclaim the newly elected President and Vice-President
cannot adjourn sine die until it has accomplished its constitutionally mandated tasks.
○ Only when a board of canvassers has completed its functions is it rendered functus officio. Its
membership may change, but it retains its authority as a board until it has accomplished its
purposes. (Pelaez v. COMELEC)
○ Therefore, since the 12th Congress has not yet completed its non-legislative duty to canvass the
votes and proclaim the duly elected President and Vice-President, 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.
● Accordingly, the Joint Committee must complete the tasks assigned to it and transmit its report for
the approval of the joint public session of both Houses of Congress, which may reconvene
without need of call by the President to a special session.

DELA CRUZ, Cedric

POLITICAL LAW REVIEW
Presidency

RULING
WHEREFORE, the instant Petition is hereby DISMISSED.

DELA CRUZ, Cedric