CONSTITUTIONAL

LAW 1 DEANS CIRCLE

2016

the US in 1991 and was naturalized as an American citizen in 2001. Immigration granted her reacquisition of
citizenship on July 18, 2006 and when she assumed her post as chairperson of MTRCB, she renounced her
American cirizenship. From then on, she stopped using her American passport. Several petitions were filed
before the COMELEC to prevent her candidancy on the ground that she is not a natural-born citizen as she has
not proven that her biological parents are Filipinos. The COMELEC en banc denied her candidancy for not
meeting the citizenship and residency requimrents and finds that she has done material misrepresentation in
her COC.

Issue:


Whether the COMELEC validly denied Grace Poes COC.

Ruling:


NO. The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.


The tribunals which have jurisdiction over the question of the qualifications of the President, the
Vice-President was made clear by the Constitution. The Constitution did not provide any provision for the
COMELEC to have jurisdiction over such issues.


The lack of provision for declaring the ineligibility of candidates, however, cannot be supplied by a
mere rule. Such an act is equivalent to the creation of a cause of action which is a substantive matter which
the COMELEC, in the exercise of its rule-making power under Art. IX, A, 6 of the Constitution, cannot do it. It is
noteworthy that the Constitution withholds from the COMELEC even the power to decide cases involving the
right to vote, which essentially involves an inquiry into qualifications based on age, residence and citizenship
of voters.


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.
G.R. No. 163783June 22, 2004 J. Puno


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.

Facts:


Senator Pimentel Jr. seeks to declare null and void the continued existence of the Joint Committee
and prohibit it with its continuous action. He claims that with the adjournment on June 11, 2004 by the 12th
Congress of its last regular session, its legal existence has ended thus all pending matters and proceedings
end upon the expiration of the Congress.


Issue:


Whether Senator Pimentels action will prosper.

Ruling:


NO. 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

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CONSTITUTIONAL LAW 1 DEANS CIRCLE

2016

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 Vice-President.
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 VicePresident, respectively.


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 VicePresident 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 MacapagalArroyo as President and Vice-President, respectively.


ATTY. EVILLO C. PORMENTO vs. JOSEPH "ERAP" EJERCITO ESTRADA and COMMISSION ON ELECTIONS
G.R. No. 191988 August 31, 2010 C.J. Corona


The Constitution prohibits a President from having the highest position twice but he is not considered as
having two terms if he does not win the elections.

Facts:


Former President Estrada won the presidency in the 1998 elections but was later on ousted by
former President Arroyo in which he was not able to finish his term. He sought to run again in 2010.
Pormento opposed such candidacy and filed a petition for Estradas disqualification which was denied by the
2nd division of the COMELEC. His motion for reconsideration was also denied by the COMELEC en banc.
Pormento filed for certiorari on May 7, 2010 but he did not file for any TRO or writ of preliminary injunction
thus Estrada was able to participate as a candidate for the position of President in May 10, 2010 where he
garnered the second highest number of votes.


Issue:


Whether Estrada violated the Constitution when he ran for president in the May 10, 2010 elections.

RULING:


NO. Private respondent was not elected President the second time he ran in the May 2010 elections.
Since the issue on the proper interpretation of the phrase any reelection will be premised on a persons
second (whether immediate or not) election as President, there is no case or controversy to be resolved in
this case. No live conflict of legal rights exists. There is in this case no definite, concrete, real or substantial
controversy that touches on the legal relations of parties having adverse legal interests. No specific relief may
conclusively be decreed upon by this Court in this case that will benefit any of the parties herein.

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I.
II.

SHORT TITLE: Pimentel vs. Congress

FULL TITLE: Pimentel, Jr. v. Joint Committee of Congress to Canvass the Votes Cast
for President and Vice President in the May 10, 2004 Elections, GR. No. 163783

III.

STATEMENT OF THE FACTS

Senator Aquilino Q. Pimentel,Jr. filed a petition for inhibition, seeking a judgement
declaring null and void the continued existence of the Joint Committee of Congress. The
petition corollary 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 (w/o date fixed)
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.

IV.

STATEMENT OF THE CASE

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.