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(Revised) Art. 7 Sec. 4 Ruy Elias Lopez v. Senate

The document summarizes a case about the constitutionality of Congress creating a Joint Committee to canvass votes for president and vice president. It held that: 1) Congress has the express power under the Constitution to promulgate rules for canvassing electoral votes, including delegating the determination of vote authenticity to a joint committee. 2) The creation of the Joint Committee did not constitute abuse of power or deprive members of Congress of their prerogatives, since the committee's decisions were subject to approval by the joint session of Congress voting separately. 3) Therefore, the creation of the Joint Committee to canvass the 2004 election votes was constitutional.

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Jennilyn Tugelida
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2K views1 page

(Revised) Art. 7 Sec. 4 Ruy Elias Lopez v. Senate

The document summarizes a case about the constitutionality of Congress creating a Joint Committee to canvass votes for president and vice president. It held that: 1) Congress has the express power under the Constitution to promulgate rules for canvassing electoral votes, including delegating the determination of vote authenticity to a joint committee. 2) The creation of the Joint Committee did not constitute abuse of power or deprive members of Congress of their prerogatives, since the committee's decisions were subject to approval by the joint session of Congress voting separately. 3) Therefore, the creation of the Joint Committee to canvass the 2004 election votes was constitutional.

Uploaded by

Jennilyn Tugelida
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RUY ELIAS LOPEZ V.

SENATE

Doctrine:
Congress may validly delegate the preliminary determination of the authenticity and due execution of
the certificates of canvass to a Joint Congressional Committee constituted under the Rules adopted by
the Joint Session of Congress.

FACTS
The case is a petition for prohibition and mandamus seeking to nullify Section 13, Rule VIII of the Rules
of the Joint Public Session of Congress. It created a Joint Committee that would preliminary canvass the
votes of the candidates for president and vice-president in the May 2004 election.

ISSUE
WON the creation by Congress of the Joint Committee to canvass the votes for president and vice
president in the 2004 elections is unconstitutional. (NO)

HELD

Section 4, Article VII of the Constitution expressly empowers Congress to promulgate its rules
for the canvassing of the certificates.In the exercise of this power, Congress may validly delegate the
initial determination of the authenticity and due execution of the certificates of canvass to a Joint
Congressional Committee, composed of members of the House of Representatives and of the Senate
The creation of the Joint Committee does not constitute grave abuse and cannot be said to
have deprived petitioner and the other members of Congress of their congressional prerogatives,
because under the very Rules under attack, the decisions and final report of the said Committee shall be
subject to the approval of the joint session of both Houses of Congress, voting separately.

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