Certiorari and prohibition impeachment

11Aug2010: HOR simultaneously referred the two complaints to the House Committee on Justice (HCOJ for brevity)

After hearing, HCOJ by Resolution of September 1, 2010, found both complaints sufficient in form Date of Promulgation: February 15, 2011 Ponente: Carpio-Morales, J. QuickGuide: Petitioner-Ombudsman challenges House Resolutions of 2Sept2010: The Rules of Procedure of Impeachment Sept. 1 and 7, 2010 finding two impeachment complaints against the Proceedings of the 15th Congress was published petitioner, simultaneously referred to the House Committee on Justice, sufficient in form and substance on grounds that she was denied due After hearing, HCOJ by Resolution of September 7, 2010 found process and that the said resolutions violated the one-year bar rule on the two complaints, which both allege culpable violation of the initiating impeachment proceedings for impeachable officers. Court Constitution and betrayal of public trust, sufficient in substance dismissed the petition. Petitioner filed petitions for certiorari and prohibition challenging Resolutions of September 1 and 7 alleging that she was denied due process and that these violated the one-year bar rule on 22July2010: 4 days before the 15th Congress opened its first initiating impeachment proceedings session, private respondents Risa Hontiveros-Baraquel, Danilo Lim and spouses Pestao (Baraquel group) filed an impeachment complaint against Gutierrez upon endorsement of Party-List Representatives Walden Bello and Arlene Bag-ao Issue/s: Facts: 27July2010: HOR Sec-Gen transmitted the complaint to House Speaker Belmonte who then, on August 2, directed the Committee onWhether the case presents a justiciable controversy Whether the belated publication of the Rules of Procedure of Rules to include it in the Order of Business Impeachment Proceedings of the 15th Congress denied due process to the Petitioner 3Aug2010: private respondents Renato Reyes Jr., Mother Mary Whether the simultaneous referral of the two complaints violated the John Mananzan, Danilo Ramos, Edre Olalia, Ferdinand Gaite and James Constitution Terry Ridon (Reyes group) filed an impeachment complaint againsta Ruling: Petition DISMISSED. herein petitioner endorsed by Representatives Colmenares, Casio, Mariano, Ilagan, Tinio and De Jesus Ratio: HOR provisionally adopted the Rules of Procedure on NOT A POLITICAL QUESTION Impeachment Proceedings of the 14th Congress and HOR Sec-Gen 1. transmitted the complaint to House Speaker Belmonte who then, on - Francisco Jr. vs HOR: Judicial review is not only a power but a duty of August 9, directed the Committee on Rules to include it in the Order of the judiciary Business - the 1987 Constitution, though vesting in the House of Representatives the exclusive power to initiate impeachment cases,

provides for several limitations to the exercise of such power as embodied in Section 3(2), (3), (4) and (5), Article XI thereof. These 3. limitations include the manner of filing, required vote to impeach, and the one year bar on the impeachment of one and the same official.

THE ONE-YEAR BAR RULE

(P): start of the one-year bar from the filing of the first -the Constitution did not intend to leave the matter of impeachment to impeachment complaint against her on July 22, 2010 or four days the sole discretion of Congress. Instead, it provided for certain well- before the opening on July 26, 2010 of the 15th Congress. She posits defined limits, or in the language of Baker v. Carr, judicially that within one year from July 22, 2010, no second impeachment discoverable standards for determining the validity of the exercise of complaint may be accepted and referred to public respondent. such discretion, through the power of judicial review INITIATIVE: Filing of impeachment complaint coupled with 2. DUE PROCESS: Is there a need to publish as a mode of Congress taking initial action of said complaint (referral of the promulgation the Rules of Procedure of Impeachment Proceedings? complaint to the Committee on Justice) IMPEACH: to file the case before the Senate (P) alleges that the finding of sufficiency in form and substance of the impeachment complaints is tainted with bias as the Chairman of Rationale of the one-year bar: that the purpose of the one-year the HCOJs, Rep. Tupas, father has a pending case with her at the bar is two-fold: 1)to prevent undue or too frequent harassment; and Sandiganbayan 2) to allow the legislature to do its principal task [of] legislation, that there should only be ONE CANDLE that is kindled in a year, such that once the candle starts burning, subsequent matchsticks can The determination of sufficiency of form and exponent of the no longer rekindle the candle. (Gutierrez vs. HOR, 2011) express grant of rule-making power in the HOR the Impeachment Rules are clear in echoing the constitutional requirements and providing that there must be a verified complaint or resolution, and that the substance requirement is met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of the committee The Constitution itself did not provide for a specific method of promulgating the Rules. impeachment is primarily for the protection of the people as a body politic, and not for the punishment of the offender Presumption of regularity