Aquilino Q. Pimentel, Jr. v. Joint Canvassing Committee (Art.

6 (15))
G.R. No. 163783 22 June 2004

Facts:

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.

As for petitioner's argument that "the existence and proceedings of the Joint Committee of
Congress are invalid, illegal and unconstitutional following the adjournment sine die of both Houses of
Congress of their regular sessions on June 11, 2004," he cites in support thereof Section 15, Article VI of
the Constitution which reads:

Sec. 15. 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 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.

Issue:

Whether or not the term of the Twelfth Congress terminated and expired upon the
adjournment sine die of the regular session of both Houses on June 11, 2004.

Held:

Section 15, Article VI of the Constitution cited by petitioner 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.

The legislative functions of the Twelfth Congress may have come to a close upon the final
adjournment of its regular sessions on June 11, 2004, but this does not affect its non-legislative
functions, such as that of being the National Board of Canvassers. In fact, 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. For only when a board of
canvassers has completed its functions is it rendered functus officio.