Francisco vs House of Representatives

Impeachment; Political Question; Judicial Branch

FRANCISCO VS. HOUSE OF REPRESENTATIVES

G.R. NO. 160261. November 10, 2003

ERNESTO B. FRANCISCO, JR., petitioner,

NAGMAMALASAKIT NA MGA MANANANGGOL NG MGA MANGGAGAWANG PILIPINO, INC., ITS
OFFICERS AND MEMBERS, petitioner-in-intervention,
WORLD WAR II VETERANS LEGIONARIES OF THE PHILIPPINES, INC., 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:

1. On 28 November 2001, the 12th Congress of the House of Representatives adopted and
approved the Rules of Procedure in Impeachment Proceedings, superseding the previous House
Impeachment Rules approved by the 11th Congress.
2. On 22 July 2002, the House of Representatives adopted a Resolution, 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).
3. On 2 June 2003, former President Joseph E. Estrada filed an impeachment complaint (first
impeachment complaint) against Chief Justice Hilario G. Davide Jr. and seven Associate Justices
of the Supreme Court for “culpable violation of the Constitution, betrayal of the public trust and
other high crimes.” The complaint was endorsed by House Representatives, and was referred to
the House Committee on Justice on 5 August 2003 in accordance with Section 3(2) of Article XI
of the Constitution. The House Committee on Justice ruled on 13 October 2003 that the first
impeachment complaint was “sufficient in form,” but voted to dismiss the same on 22 October
2003 for being insufficient in substance.
4. The following day or on 23 October 2003, the second impeachment complaint was filed with
the Secretary General of the House by House Representatives against Chief Justice Hilario G.
Davide, Jr., founded on the alleged results of the legislative inquiry initiated by above-mentioned
House Resolution. The second impeachment complaint was accompanied by a “Resolution of
Endorsement/Impeachment” signed by at least 1/3 of all the Members of the House of
Representatives.
5. Various petitions for certiorari, prohibition, and mandamus were filed with the Supreme Court
against the House of Representatives, et. al., most of which petitions contend that the filing of
the second impeachment complaint is unconstitutional as it violates the provision of Section 5 of
Article XI of the Constitution that “[n]o impeachment proceedings shall be initiated against the
same official more than once within a period of one year.”

Issues:

1. Whether or not the offenses alleged in the Second impeachment complaint constitute valid
impeachable offenses under the Constitution.
2. Whether or not Sections 15 and 16 of Rule V of the Rules on Impeachment adopted by the
12th Congress are unconstitutional for violating the provisions of Section 3, Article XI of the
Constitution.
3. Whether the second impeachment complaint is barred under Section 3(5) of Article XI of the
Constitution.

Rulings:

1. This issue is a non-justiciable political question which is beyond the scope of the judicial
power of the Supreme Court under Section 1, Article VIII of the Constitution.
1. Any discussion of this issue would require the Court to make a determination of what
constitutes an impeachable offense. Such a determination is a purely political question which
the Constitution has left to the sound discretion of the legislation. Such an intent is clear
from the deliberations of the Constitutional Commission.
2. Courts will not touch the issue of constitutionality unless it is truly unavoidable and is
the very lis mota or crux of the controversy.
2. The Rule of Impeachment adopted by the House of Congress is unconstitutional.
1. Section 3 of Article XI provides that “The Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of this section.” Clearly, its power to
promulgate its rules on impeachment is limited by the phrase “to effectively carry out the
purpose of this section.” Hence, these rules cannot contravene the very purpose of the
 Constitution which said rules were intended to effectively carry out. Moreover, Section 3 of
Article XI clearly provides for other specific limitations on its power to make rules.
2. It is basic that all rules must not contravene the Constitution which is the
fundamental law. If as alleged Congress had absolute rule making power, then it would by
necessary implication have the power to alter or amend the meaning of the Constitution
without need of referendum.
3. It falls within the one year bar provided in the Constitution.
1. Having concluded that the initiation takes place by the act of filing of the
impeachment complaint and referral to the House Committee on Justice, the initial action
taken thereon, the meaning of Section 3 (5) of Article XI becomes clear. Once an
impeachment complaint has been initiated in the foregoing manner, another may not be filed
against the same official within a one year period following Article XI, Section 3(5) of the
Constitution.
2. Considering that the first impeachment complaint, was filed by former President
Estrada against Chief Justice Hilario G. Davide, Jr., along with seven associate justices of this
Court, on June 2, 2003 and referred to the House Committee on Justice on August 5, 2003,
the second impeachment complaint filed by Representatives Gilberto C. Teodoro, Jr. and Felix
William Fuentebella against the Chief Justice on October 23, 2003 violates the constitutional
prohibition against the initiation of impeachment proceedings against the same impeachable
officer within a one-year period.

Hence, 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.