(Revised) Art. 7 Sec. 4 Ruy Elias Lopez v. Senate
(Revised) Art. 7 Sec. 4 Ruy Elias Lopez v. Senate
(Revised) Art. 7 Sec. 4 Ruy Elias Lopez v. Senate
SENATE
Doctrine:
Congress may validly delegate the preliminary determination of the authenticity and due execution of
the certificates of canvass to a Joint Congressional Committee constituted under the Rules adopted by
the Joint Session of Congress.
FACTS
The case is a petition for prohibition and mandamus seeking to nullify Section 13, Rule VIII of the Rules
of the Joint Public Session of Congress. It created a Joint Committee that would preliminary canvass the
votes of the candidates for president and vice-president in the May 2004 election.
ISSUE
WON the creation by Congress of the Joint Committee to canvass the votes for president and vice
president in the 2004 elections is unconstitutional. (NO)
HELD
Section 4, Article VII of the Constitution expressly empowers Congress to promulgate its rules
for the canvassing of the certificates.In the exercise of this power, Congress may validly delegate the
initial determination of the authenticity and due execution of the certificates of canvass to a Joint
Congressional Committee, composed of members of the House of Representatives and of the Senate
The creation of the Joint Committee does not constitute grave abuse and cannot be said to
have deprived petitioner and the other members of Congress of their congressional prerogatives,
because under the very Rules under attack, the decisions and final report of the said Committee shall be
subject to the approval of the joint session of both Houses of Congress, voting separately.