Gutierrez v House of Representatives Committee on Justice

February 15, 2011 | Carpio-Morales, J.

Topic
Impeachment; One-year Bar Rule

Quick Facts
Two impeachment complaints based on betrayal of public trust against
Ombudsman Ma. Mercedita Gutierrez were filed by Baraquel and Reyes
Group. Petitioner-Ombudsman challenges House Resolutions of Sept. 1 and 7,
2010 finding two impeachment complaints against the petitioner,
simultaneously referred to the House Committee on Justice, sufficient in form
and substance on grounds that she was denied due process and that the said
resolutions violated the one-year bar rule on initiating impeachment
proceedings for impeachable officers.

Relevant Law

Section 3(5), Article XI of the 1987 Constitution

"no impeachment proceedings shall be initiated against the same official
more thanonce within a period of one year."

Issue
WoN the One-Year Bar Rule was violated.

Held
No.

Ruling
Petition dismissed.

Doctrine
The term “initiate” means to file the complaint and take initial action on it. It refers
to the filing of the impeachment complaint coupled with Congress’ taking initial
action of said complaint. The initial action taken by the House on the complaint is
the referral of the complaint to the Committee on Justice.

Rationale of One-Year Bar

1)”to prevent undue or too frequent harassment; and 2) to allow the legislature
to do its principal task [of] legislation,”