May the Congress continue to canvass the presidential and vice-presidential election results even if it has adjourned its regular session without need of any call for a special session?

Petitioner's argument is 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.

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 also of the Constitution clearly 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 of the same Article provides that "[t]he Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election." Consequently, there being no law to the 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, 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. 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 Vice-President, 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.

In sum, despite the adjournment sine die of Congress, there is no legal impediment to the Joint Committee completing the tasks assigned to it and transmitting its report for the approval of the joint public session of both Houses of Congress, which may reconvene without need of call by the President to a special session. (Aquilino Pimentel, Jr. vs. Joint Committee of Congress, G.R. No 163783, June 22, 2004)