PIMENTEL v.

JOINT COMMITTEE OF CONGRESS HELD

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
ajournment of Congress sine die on June 11, 2004.
Supreme Court: The instant Petition is hereby DISMISSED.
1. The Petition has no basis under the Constitution.
2. The term of the present Twelfth Congress did not terminate and
expire upon the ajournment 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 ajournment 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 cannot ajourn sine die until it has
accomplished its constitutionally mandated task.

2. He prays for the issuance of a 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.

3. With the adjournment sine die on June 11, 2004 by the Twelfth
Congress, all its pending matters and proceedings terminate upon its
expiration (citing Section 15, Art. VI 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 ajournment sine die is null and void.