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Francisco vs. House of Representatives
G.R. No. 160261

: Sheet Music November 10, 2003

Carpio Morales, J.:

Facts:

On July 22, 2002, the House of Representatives adopted a Resolution, sponsored by Representative Felix William D. Fuentebella,
which directed the Committee on Justice "to conduct an investigation, in aid of legislation, on the manner of disbursements and
expenditures by the Chief Justice of the Supreme Court of the Judiciary Development Fund (JDF)." On June 2, 2003, former
President Joseph E. Estrada filed an impeachment complaint against Chief Justice Hilario G. Davide Jr. and seven Associate
Justices of this Court for "culpable violation of the Constitution, betrayal of the public trust and other high crimes." The complaint
was endorsed by Representatives Rolex T. Suplico, Ronaldo B. Zamora and Didagen Piang Dilangalen, and was referred to the
House Committee. The House Committee on Justice ruled on October 13, 2003 that the first impeachment complaint was "sufficient
in form," but voted to dismiss the same on October 22, 2003 for being insufficient in substance. To date, the Committee Report to
this effect has not yet been sent to the House in plenary in accordance with the said Section 3(2) of Article XI of the Const itution.
Four months and three weeks since the filing on June 2, 2003 of the first complaint or on October 23, 2003, a day after the House
Committee on Justice voted to dismiss it, the second impeachment complaint was filed with the Secretary General of the House by
Representatives Gilberto C. Teodoro, Jr. and Felix William B. Fuentebella against Chief Justice Hilario G. Davide, Jr., founded on
the alleged results of the legislative inquiry initiated by above-mentioned House Resolution. This second impeachment complaint
was accompanied by a "Resolution of Endorsement/Impeachment" signed by at least one-third (1/3) of all the Members of the
House of Representatives.

Issue:
1. Whether or not the power of judicial review extends to those arising from impeachment proceedings.
2. Whether or not the essential pre-requisites for the exercise of the power of judicial review have been fulfilled

Held:

1. Yes. The power of judicial review extends to those arising from impeachment proceedings.
2. Yes. The essential pre-requisites for the exercise of the power of judicial review have been fulfilled

Ratio Decidendi:

1. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the government. T he Constitution sets forth in
no uncertain language the restrictions and limitations upon governmental powers and agencies. If these restrictions and
limitations are transcended it would be inconceivable if the Constitution had not provided for a mechanism by which to
direct the course of government along constitutional channels, the possession of this moderating power of the courts,
power is granted, if not expressly, by clear implication from section 2 of article VIII of our Constitution.
! Judicial Supremacy - is the power of judicial review under the Constitution. Who is to determine the nature,
scope and extent of such powers? The Constitution itself has provided for the instrumentality of the judiciary as
the rational way. And when the judiciary mediates to allocate constitutional boundaries, it only asserts the
solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under
the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures
and guarantees to them.
! Rules of Interpretation
! Verba Legis (The ordinary meaning, not primarily a lawyer’s document) the words used in the Constitution
must be given their ordinary meaning except where technical terms are employed. Thus, in J.M. Tuason &
Co., Inc. v. Land Tenure Administration,
! Ratio legis est anima (Where there is ambiguity) The words of the Constitution should be interpreted in
accordance with the intent of its framers Liberties Union v. Executive Secretary . The object is to ascertain
the reason which induced the framers of the Constitution to enact the particular provision and the purpose
sought to be accomplished thereby, in order to construe the whole as to make the words consonant to that
reason and calculated to effect that purpose.
! Ut magis valeat quam pereat. (The Constitution is to be interpreted as a whole). It is a well-established rule
in constitutional construction that no one provision of the Constitution is to be separated from all the others,
to be considered alone, but that all the provisions bearing upon a particular subject are to be brought into
view and to be so interpreted as to effectuate the great purposes of the instrument. Sections bearing on a
particular subject should be considered a nd interpreted together as to effectuate the whole purpose of the
Constitution and one section is not to be allowed to defeat another, if by any reasonable construction, the
two can be made to stand together Civil Liberties Union v. Executive Secretary.
2. Essential Requisites of Judicial Revieew:
! An actual case or controversy calling for the exercise of judicial power. Section 2 of Article XI of the
Constitution enumerates six grounds for impeachment, two of these, namely, other high crimes and betrayal of
public trust, elude a precise definition. In fact, an examination of the records of the 1986 Constitutional
Commission shows that the framers could find no better way to approximate the boundaries of betrayal of public

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trust and other high crimes than by alluding to both positive and negative examples of both, without arriving at
their clear cut definition or even a standard therefor.114 Clearly, the issue calls upon this court to decide a non-
justiciable political question which is beyond the scope of its judicial power under Section 1, Article VIII.
! "Political question" connotes, in legal parlance, what it means in ordinary parlance, namely, a
question of policy. In other words, in the language of Corpus Juris Secundum, it refers to "those
questions which, under the Constitution, are to be decided by the people in their sovereign capacity,
or in regard to which full discretionary authority has been delegated to the Legislature or executive
branch of the Government." It is concerned with issues dependent upon the wisdom, not legality, of a
particular measure.
! The person challenging the act must have "standing" to challenge; he must have a personal and substantial
interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement. Locus
standi or legal standing or has been defined as a personal and substantial interest in the case such that the
party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. At
all events, courts are vested with discretion as to whether or not a taxpayer's suit should be entertained. This
Court opts to grant standing to most of the petitioners, given their allegation that any impending transmittal to
the Senate of the Articles of Impeachment and the ensuing trial of the Chief Justice will necessarily involve the
expenditure of public funds.
! Standing - is a special concern in constitutional law because in some cases suits are brought not by
parties who have been personally injured by the operation of a law or by official action taken, but by
trust and other high crimes than by alluding to both positive and negative examples of both, without arriving at
concerned citizens, taxpayers or voters who actually sue in the public interest
their clear
!
cut definition or even a standard therefor.114 Clearly, the issue calls upon this court to decide a non-
Real party in interest - is whether he is "the party who would be benefited or injured by the judgment,
justiciable political question which is beyond the scope of its judicial power under Section 1, Article VIII.
! or the 'party entitled to the avails of the suit.
"Political question" connotes, in legal parlance, what it means in ordinary parlance, namely, a
! The question of constitutionality must be raised at the earliest possible opportunity. In Tan v. Macapagal,
question of policy. In other words, in the language of Corpus Juris Secundum, it refers to "those
! this Court, through Chief Justice Fernando, held that for a case to be considered ripe for adjudication, "it is a
questions which, under the Constitution, are to be decided by the people in their sovereign capacity,
prerequisite that something had by then been accomplished or performed by either branch before a court may
or in regard to which full discretionary authority has been delegated to the Legislature or executive
come into the picture." Only then may the courts pass on the the futility of seeking remedies from either or both
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branch of the Government." It is concerned with issues dependent upon the wisdom, not legality, of a
Houses of Congress before coming to this Court is shown by the fact that, as previously discussed, neither the
particular measure.
House of Representatives nor the Senate is clothed with the power to rule with definitiveness on the issue of
The person challenging the act must have "standing" to challenge; he must have a personal and substantial
constitutionality, whether concerning impeachment proceedings or otherwise, as said power is exclusively
interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement. Locus
vested in the judiciary by the earlier quoted Section I, Article VIII of the Constitution. Remedy cannot be sought
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standi or legal standing or has been defined as a personal and substantial interest in the case such that the
from a body which is bereft of power to grant it. Validity of what was done, if and when the latter is challenged in
party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. At
an appropriate legal proceeding.
all events, courts are vested with discretion as to whether or not a taxpayer's suit should be entertained. This
! The issue of constitutionality must be the very lis mota of the case . x It is a well-established rule that a
Court opts to grant standing to most of the petitioners, given their allegation that any impending transmittal to
court should not pass upon a constitutional question and decide a law to be unconstitutional or invalid, unless
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the Senate of the Articles of Impeachment and the ensuing trial of the Chief Justice will necessarily involve the
such question is raised by the parties and that when it is raised,if the record also presents some other ground
expenditure of public funds.
upon! which the court may rest its judgment, that course will be adopted and the constitutional question will be
Standing - is a special concern in constitutional law because in some cases suits are brought not by
! left for consideration until a case arises in which a decision upon such question will be unavoidable. Sotto v.
parties who have been personally injured by the operation of a law or by official action taken, but by
Commission on Election. This Court holds that the two remaining issues, inextricably linked as they are,
concerned citizens, taxpayers or voters who actually sue in the public interest
Real party in interest - is whether OR
!
constitute the very lis mota of the instant controversy: (1) whether Sections 15 and 16 of Rule V of the House
he is "the party who would be benefited or injured by the judgment,
Impeachment Rules adopted by the 12th Congress are unconstitutional for violating the provisions of Section 3,
or the 'party entitled to the avails of the suit.
Article XI of the Constitution; and (2) whether, as a result thereof, the second impeachment complaint is barred
The question of constitutionality must be raised at the earliest possible opportunity. In Tan v. Macapagal,
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under Section 3(5) of Article XI of the Constitution.
this Court, through Chief Justice Fernando, held that for a case to be considered ripe for adjudication, "it is a
prerequisite that something had by then been accomplished or performed by either branch before a court may
full documents.
Disposition: Sections 16 and 17 of Rule V of the Rules of Procedure in Impeachment Proceedings which were approved by the
come into the picture." Only then may the courts pass on the the futility of seeking remedies from either or both
House of Representatives on November 28, 2001 are unconstitutional. Consequently, the second impeachment complaint against
Houses of Congress before coming to this Court is shown by the fact that, as previously discussed, neither the
Chief Justice Hilario G. Davide, Jr. which was filed by Representatives Gilberto C. Teodoro, Jr. and Felix William B. Fuentebella with
House of Representatives nor the Senate is clothed with the power to rule with definitiveness on the issue of
constitutionality, whether Start Yourimpeachment
30 Day
the Office of the Secretary General of the House
!
of Representatives onFREE
OctoberTrial
23, 2003 is barred under paragraph 5, section 3 of
concerning proceedings or otherwise, as said power is exclusively
Article XI of the Constitution.
vested in the judiciary by the earlier quoted Section I, Article VIII of the Constitution. Remedy cannot be sought
from a body which is bereft of power to grant it. Validity of what was done, if and when the latter is challenged in
an appropriate legal proceeding.
The issue of constitutionality must be the very lis mota of the case . x It is a well-established rule that a
court should not pass upon a constitutional question and decide a law to be unconstitutional or invalid, unless
such question is raised by the parties and that when it is raised,if the record also presents some other ground
upon which the court may rest its judgment, that course will be adopted and the constitutional question will be
left for consideration until a case arises in which a decision upon such question will be unavoidable. Sotto v.
Commission on Election. This Court holds that the two remaining issues, inextricably linked as they are,
constitute the very lis mota of the instant controversy: (1) whether Sections 15 and 16 of Rule V of the House
Impeachment Rules adopted by the 12th Congress are unconstitutional for violating the provisions of Section 3,
Article XI of the Constitution; and (2) whether, as a result thereof, the second impeachment complaint is barred
under Section 3(5) of Article XI of the Constitution.

Disposition: Sections 16 and 17 of Rule V of the Rules of Procedure in Impeachment Proceedings which were approved by the
House of Representatives on November 28, 2001 are unconstitutional. Consequently, the second impeachment complaint against
Chief Justice Hilario G. Davide, Jr. which was filed by Representatives Gilberto C. Teodoro, Jr. and Felix William B. Fuentebella with
the Office of the Secretary General of the House of Representatives on October 23, 2003 is barred under paragraph 5, section 3 of
Article XI of the Constitution.

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Standing (Law) Impeachment Judicial Review Judiciaries United States Constitution

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