CASE DIGEST

ERNESTO B. FRANCISCO,
REPRESENTATIVES

JR.

vs.

THE

HOUSE

OF

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

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
Constitution. 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.
ISSUES:
1. Whether or not the filing of the second impeachment complaint against Chief Justice Hilario G. Davide, Jr. with
the House of Representatives falls within the one year bar provided in the Constitution.
2. Whether the resolution thereof is a political question has resulted in a political crisis.

HELD:
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. In fine, 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.
2.From the foregoing record of the proceedings of the 1986 Constitutional Commission, it is clear that judicial power
is not only a power; it is also a duty, a duty which cannot be abdicated by the mere specter of this creature called the
political question doctrine. Chief Justice Concepcion hastened to clarify, however, that Section 1, Article VIII was not
intended to do away with "truly political questions." From this clarification it is gathered that there are two species of
political questions: (1) "truly political questions" and (2) those which "are not truly political questions." Truly political
questions are thus beyond judicial review, the reason for respect of the doctrine of separation of powers to be
maintained. On the other hand, by virtue of Section 1, Article VIII of the Constitution, courts can review questions
which are not truly political in nature.