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CONGRESS
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUN 22 2004.
G. R. No. 163783 (Aquilino Q. Pimentel, Jr. vs. Joint Committee of Congress to Canvass the Votes
Cast for President and Vice-President in the May 10, 2004 Elections.)
RESOLUTION
By the present Petition for Prohibition, petitioner Senator Aquilino Q. Pimentel, Jr. seeks a judgment
declaring null and void the continued existence of the Joint Committee of Congress (Joint Committee) 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. The petition corollarily 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.
Petitioner posits that with "the adjournment sine die on June 11, 2004 by the Twelfth Congress of
its last regular session, [its] term ... terminated and expired on the said day and the said Twelfth Congress
serving the term 2001 to 2004 passed out of legal existence." Henceforth, petitioner goes on, "all pending
matters and proceedings terminate upon the expiration of ... Congress." To advance this view, he relies on
"legislative procedure, precedent or practice [as] borne [out] by the rules of both Houses of Congress."
Given the importance of the constitutional issue raised and to put to rest all questions regarding
the regularity, validity or constitutionality of the canvassing of votes fro President and Vice-President in the
recently concluded national elections, this Court assumes jurisdiction over the instant 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
Section 1 of Article VIII of the Constitution and its original jurisdiction over petitions for prohibition under
Section 5 of the same Article.
After a considered and judicious examination of the arguments raised by petitioner as well as those
presented in the Comments filed by the Solicitor General and respondent Joint Committee, this Court finds
that the petition has absolutely no basis under the Constitution and must, therefore, be dismissed.
Petitioner's claim that his arguments are buttressed by "legislative procedure, precedent or practice
[as] borne [out] by the rules of both Houses of Congress" is directly contradicted by Section 42 of Rule
XIV of the Rules adopted by the Senate, of which he is an incumbent member. This section 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 Section 4, Article VII of the Constitution.
Moreover, as pointed out in the Comment filed by the Senate Panel for respondent Joint Committee
and that of the Office of the Solicitor General, the precedents set by the 1992 and 1998 Presidential
Elections do not support the move to stop the ongoing canvassing by the Joint Committee, they citing the
observations of former Senate President Jovito Salonga.
Thus, during the 1992 Presidential elections, both Houses of Congress adjourned sine die on May
25, 1992. On June 16, 1992, the Joint Committee finished tallying the votes for President and VicePresident. Thereafter, on June 22, 1992, the Eighth Congress convened in joint public session as the
National Board of Canvassers, and on even date proclaimed Fidel V. Ramos and Joseph Ejercito Estrada as
President and Vice-President, respectively.alaw
Upon the other hand, during the 1998 Presidential elections, both Houses of Congress adjourned
sine die on May 25, 1998. The Joint Committee completed the counting of the votes for President and
Vice-President on May 27, 1998. The Tenth Congress then convened in joint public session on May 29,
1998 as the National Board of Canvassers and proclaimed Joseph Ejercito Estrada as President and Gloria
Macapagal-Arroyo as President and Vice-President, respectively.[
As for petitioner's argument that "the [e]xistence and [p]roceedings [o]f the Joint Committee of
Congress [a]re [i]nvalid, [i]llegal and [u]nconstitutional [f]ollowing the [a]djournment [s]ine [d]ie [o]f
[b]oth Houses of Congress [o]f [t]heir [r]egular [s]essions on June 11, 2004," he cites in support thereof
PERTINENT ISSUE:
Whether or not the doctrine of command responsibility is applicable in an amparo
petition.