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Lopez vs. Senate of the Philippines et al. [SEPARATE OPINION, QUISUMBING, J.]

CONGRESSMAN RUY ELIAS C. LOPEZ, PETITIONER, VERSUS 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, RESPONDENTS.

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

SEPARATE OPINION

QUISUMBING, J.:

In this petition before us for prohibition and mandamus under Rule 65 of the Rules of Court, petitioner invokes the extraordinary jurisdiction and duty of the Supreme Court pursuant to the Constitution, Article VIII, Section 1, par. 2, "to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government."

Yet, basing on his arguments, we can say that the pith of petitioner's plea goes deeper than the averment of personal exclusion from the select panel tasked as "a joint committee of Congress to...