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76 | P a g e
I.
II.
III.
IV.
V.
ISSUE
Whether or not the Joint Committee performing election canvass even after the
termination of congress session is constitutional.
VI.
HELD
Yes. Sec. 15. Art VI - 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.
Contrary to petitioner's argument, however, the term of the present Twelfth Congress did
not terminate and expire upon the adjournment sine die of the regular session of both
Houses on June 11, 2004.
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 (subject to the power of the
President to call a special session at any time).
Section 4 of Article VIII provides that "[t]he term of office of the Senators shall be six
years and shall commence, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election." Similarly, Section 7 provides that"[t]he
Members of the House of Representatives shall be elected for a term of three years.
Consequently, there being no law tothe contrary, until June 30, 2004, the present
Twelfth Congress to which the present legislators belong cannot be said to have" passed
out of legal existence.
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. In fact, the joint public session of both Houses of Congress
convened by express directive of Section 4, Article VII to canvass the votes for and
to proclaim the newly elected President and VP 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. Its membership
may change, but it retains its authority as a board until it has accomplished its purposes.
Since the Twelfth Congress has not yet completed its non-legislative duty to canvass the
votes and proclaim the duly elected President and VP, its existence as the National
Board of Canvassers, as well as that of the Joint Committee to which it referred the
preliminary tasks of authenticating and canvassing the certificates of canvass, has not
become functus officio.
VII.
DISPOSITIVE PORTION
WHEREFORE, the instant Petition is hereby DISMISSED.