ERNESTO B. FRANCISCO, JR. vs.

THE HOUSE OF
REPRESENTATIVES
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.