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SEPARATE OPINION

AZCUNA, J. :

The petitioner raises a constitutional issue that this Court has to resolve, namely, whether the adjournment of Congress sine die renders its Joint Committee to Canvass the Votes Cast for President and Vice-President in the May 10, 2004 Elections, inexistent and its further proceedings void.

The flaw in petitioner's submission lies in the failure to distinguish between two kinds of powers given to Congress under the Constitution.

There is, firstly, the legislative power or the power to make laws. This is set forth in Article VI of the Constitution. Secondly, there are those other powers that do not involve legislation but are by specific and express mandate of the Constitution, lodged with Congress. I call these its constituent powers and these are:

(1) The power to confirm the President's nominee for Vice-President (Sec. 9, Art VII); (2) the power to determine whether the President is unable to discharge the powers and duties of his office (Sec. 11, Art. VII); (3) the power to revoke a proclamation of martial law or the suspension of the privilege of the writ of habeas corpus (Sec. 18, Art VII); (4) the power to declare the existence of a state of war (Sec. 23[1], Art. VI); (5) the power to concur with the President's grant of amnesty (Sec. 19, Art. VII); (6) the power to initiate, and the power to try and decide, all cases of impeachment (Sec. 3, Art. XI); (7) the power to propose amendments to, or revisions of, the Constitution (Sec. 1, Art XVII); (8) the power to call a national referendum to ratify a treaty allowing foreign military bases, troops or facilities in the Philippines (Sec. 25, Art. XVIII).

And included in these constituent powers is the power to canvass the votes for President and Vice-President and proclaim the persons elected (Sec. 4, pars. 4, 5 and 6, Art. VII of the Constitution).

The fact, therefore, that Congress has adjourned its regular session has to do with its legislative powers. It does not refer to its constituent powers herein involved, in regard to which the present Congress not only still exists, including its appropriate committee or committees, but is mandated by the Constitution to carry out and finish its task, until noon of June 30, the end of the term of office of its present members, except half of the Senators.

I, therefore, vote to dismiss the petition for lack of merit.

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