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    64 Consti 1 - Art VI Board of Canvassers - 2 Pimentel V Joint Commitee of Congress

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    Janmari G. Fajardo
    The Supreme Court ruled that the continued existence of the Joint Committee of Congress to canvass votes for President and Vice President was not null and void, despite Congress adjourning sine die. The Constitution provides that Congress' term does not end until June 30, and it has a non-legislative duty to canvass votes and proclaim the winner, which was not yet completed. Section 15 pertains to legislative sessions, not the term of Congress or its duty as the National Board of Canvassers. As this duty was still ongoing, the Joint Committee retained authority to accomplish its purpose of canvassing votes.

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    64 Consti 1 - Art VI Board of Canvassers - 2 Pimentel V Joint Commitee of Congress

    Uploaded by

    Janmari G. Fajardo
    38 views2 pages
    The Supreme Court ruled that the continued existence of the Joint Committee of Congress to canvass votes for President and Vice President was not null and void, despite Congress adjourning sine die. The Constitution provides that Congress' term does not end until June 30, and it has a non-legislative duty to canvass votes and proclaim the winner, which was not yet completed. Section 15 pertains to legislative sessions, not the term of Congress or its duty as the National Board of Canvassers. As this duty was still ongoing, the Joint Committee retained authority to accomplish its purpose of canvassing votes.

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    64 Consti 1 - Art VI Board of Canvassers_2 Pimentel v Joint Commitee of Congress

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    The Supreme Court ruled that the continued existence of the Joint Committee of Congress to canvass votes for President and Vice President was not null and void, despite Congress adjourning sine die. The Constitution provides that Congress' term does not end until June 30, and it has a non-legislative duty to canvass votes and proclaim the winner, which was not yet completed. Section 15 pertains to legislative sessions, not the term of Congress or its duty as the National Board of Canvassers. As this duty was still ongoing, the Joint Committee retained authority to accomplish its purpose of canvassing votes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views2 pages

    64 Consti 1 - Art VI Board of Canvassers - 2 Pimentel V Joint Commitee of Congress

    Uploaded by

    Janmari G. Fajardo
    The Supreme Court ruled that the continued existence of the Joint Committee of Congress to canvass votes for President and Vice President was not null and void, despite Congress adjourning sine die. The Constitution provides that Congress' term does not end until June 30, and it has a non-legislative duty to canvass votes and proclaim the winner, which was not yet completed. Section 15 pertains to legislative sessions, not the term of Congress or its duty as the National Board of Canvassers. As this duty was still ongoing, the Joint Committee retained authority to accomplish its purpose of canvassing votes.

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    © All Rights Reserved
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    of 2

    Political Law: 1987 Philippine Constitution in session for a such number of days as it

    Topic: Article VI (Legislative Department): Board of may determine until thirty days before the
    Canvassers opening of its next regular session, exclusive
    of Saturdays, Sundays, and legal holidays.
    Relevant Provision/s: Sec 15 Art VI of the 1987 The President may call a special session at
    Constitution any time.
     Contrary to the petitioner's argument,
    Aquilino Q. Pimentel Jr. v Joint Committee of however, the term of the present Twelfth
    Congress did not terminate and expire upon
    Congress to Canvass the Votes Cast for President
    the adjournment sine die of the regular
    and Vice-President on the May 10, 2004, Elections
    session of both Houses on June 11, 2004.
    G.R. No. 163783, June 22, 2004
     Section 15, Article VI of the Constitution cited
    Ponente:
    by the petitioner does not pertain to the term
    of Congress, but to its regular annual
    Facts: legislative sessions and the mandatory 30-
    day recess before the opening of its next
     Sen. Pimentel, Jr. seeks a judgment regular session (subject to the power of the
    declaring null and void the continued President to call a special session at any
    existence of the Joint Committee of time).
    Congress to determine the authenticity and  Section 4 of Article VI provides that "[t]he
    due execution of the certificates of canvass terms of office of the Senators shall be six
    and preliminarily canvass the votes cast for years and shall commence, unless otherwise
    Presidential and Vice-Presidential provided by law, at noon on the thirtieth day
    candidates in the May 10, 2004 elections of June next following their election."
    following the adjournment of Congress sine Similarly, Section 7 provides that "[t]he
    die on June 11, 2004. Members of the House of Representatives
     The petitioner prays for the issuance of a writ shall be elected for a term of three years.
    of prohibition directing the Joint Committee Consequently, there being no law to the
    to cease and desist from conducting any contrary, until June 30, 2004, the present
    further proceedings according to the Rules of Twelfth Congress to which the present
    the Joint Public Session of Congress on legislators belong cannot be said to have
    Canvassing. "passed out of legal existence."
     With the adjournment sine die on June 11,  The legislative functions of the Twelfth
    2004, by the Twelfth Congress, all its Congress may have ended upon the final
    pending matters and proceedings terminate adjournment of its regular sessions on June
    upon its expiration (citing Section 15, Art. VI 11, 2004, but this does not affect its non-
    of the Constitution). legislative functions. In fact, the joint public
     Respondent argued that the precedents set session of both Houses of Congress
    by the 1992 and 1998 Presidential Elections convened by express directive of Section 4,
    do not support the move to stop the ongoing Article VII to canvass the votes for and to
    canvassing by the Joint Committee. proclaim the newly elected President and VP
    has not, and cannot, adjourn sine die until it
    Hence, this Petition.
    has accomplished its constitutionally
    Issue: mandated tasks. Only when a board of
    canvassers has completed its functions is it
    Whether or not the continued existence of rendered functus officio. Its membership may
    the Joint Committee of Congress to canvass change, but it retains its authority as a board
    the votes for President and Vice-President until it has accomplished its purposes.
    upon its adjournment sine die is null and  Since the Twelfth Congress has not yet
    void. completed its non-legislative duty to canvass
    Ruling/s: the votes and proclaim the duly elected
    President and VP, its existence as the
     NO. National Board of Canvassers, as well as
     Sec. 15. Art VI - The Congress shall convene that of the Joint Committee to which it
    once every year on the fourth Monday of referred the preliminary tasks of
    July for its regular session, unless a different authenticating and canvassing the
    date is fixed by law, and shall continue to be
    certificates of canvass, has not become
    functus officio.
    Therefore, the Court, speaking thru Justice, dismissed
    the petition.

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