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Lopez vs. Senate of the Philippines et al. [SEPARATE OPINION, DAVIDE, JR., C.J.]

CONGRESSMAN RUY ELIAS C. LOPEZ VS. SENATE OF THE PHILIPPINES (REPRESENTED HEREIN BY THE HON. FRANKLIN DRILON, PRESIDENT OF THE SENATE), HOUSE OF REPRESENTATIVES (REPRESENTED HEREIN BY THE HON. JOSE DE VENECIA, SPEAKER OF THE HOUSE OF REPRESENTATIVES), JOINT COMMITTEE OF CONGRESS TO CANVASS THE VOTES CAST FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES IN THE MAY 10, 2004 NATIONAL ELECTIONS, THE CHIEF FINANCIAL OFFICER AND CHIEF BUDGET OFFICER OF THE SENATE, AND THE CHIEF FINANCIAL OFFICER AND CHIEF BUDGET OFFICER OF THE HOUSE OF REPRESENTATIVES

G.R. No. 163556 | 2004-06-08

SEPARATE OPINION

DAVIDE, JR., C.J.:

In his petition for prohibition and mandamus filed on 2 June 2004, Ruy Elias C. Lopez, Representative representing the 3rd Legislative District of the City of Davao, asks this Court to declare unconstitutional the Rules of the Joint Public Session of Congress on Canvassing the Votes Cast for Presidential and Vice-Presidential Candidates in the May 10, 2004 Elections (hereafter, Canvassing Rules), which the Senate and the House of Representatives, in joint session, approved, after much debate, on 28 May 2004.

Petitioner alleges that the Canvassing Rules was adopted by both Houses of Congress with grave...