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

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 cr eated 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  creation  of the Joint Committee does not constitute grave abuse  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 subject to the approval of approval  of the joint the joint session of both Houses of o f Congress, voting separately.”