Theresa T.

Godinez Constitutional 1 (Weekdays)

G.R. No. 160261 November 10, 2003

ERNESTO B. FRANCISCO, JR., petitioner, petitioner-in-intervention, vs. THE HOUSE

OF REPRESENTATIVES, REPRESENTED BY SPEAKER JOSE G. DE VENECIA,
THE SENATE, REPRESENTED BY SENATE PRESIDENT FRANKLIN M. DRILON,
REPRESENTATIVE GILBERTO C. TEODORO, JR. AND REPRESENTATIVE FELIX
WILLIAM B. FUENTEBELLA, respondents.

JAIME N. SORIANO, respondent-in-Intervention,

SENATOR AQUILINO Q. PIMENTEL, respondent-in-intervention.

Facts:

The Committee on Justice was tasked by way of resolution made by the House of
Representatives “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 July 22, 2002.
On June 2, 2003, an impeachment complaint was filed by former Pres. Estrada against
Chief Justice Hilario G. Davide Jr. and seven (7) Associate Justices of this Court for
“culpable violation of the Constitution, betrayal of the public trust and other high crimes.”
On October 13, 2003, the House Committee on Justice did not prosper the case for it is
“sufficient in form” but insufficient in substance. A second complaint against Chief
Justice Davide was then filed four (4) months and three (3) weeks after the first one was
lodged upon the result of the earlier resolution. The impeachment complaint was duly
signed by east one-third (1/3) of all the Members of the House of Representatives.

Issues:

Whether or not the House of Representatives can file a second impeachment complaint
within the one-year bar as prescribed by the Constitution.
Theresa T. Godinez Constitutional 1 (Weekdays)

Held:

No. Under Article XI, Section 3 of the Constitution, a second impeachment complaint
against the same official within a one-year period is not permissible under law
regardless if it has the minimum required votes from the House of Representatives.
Emphasis is given to the word “initiated” as having the basic meaning of starting the act
of filing which, in this case, falls with the one (1) year bar.

WHEREFORE, 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.