University of the Philippines College of Law

Block F2022

Topic Constitutional Litigation

Case No. G.R. No. 160261 | November 10, 2003
Case Name FRANCISCO VS. HOUSE OF REPRESENTATIVES
Ponente CARPIO-MORALES, J.

RELEVANT 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.

ISSUE

W/N Sections 16 and 17 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
W/N the second impeachment complaint is barred under Section 3(5) of Article XI of the Constitution

RATIO DECIDENDI

Issue
W/N Sections 16 and 17
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
Ratio
Yes, the Rule of Impeachment adopted 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.
 University of the Philippines College of Law
Block F2022

W/N the second Yes, it falls within the one year bar provided in the Constitution.
impeachment complaint
is barred under Section 1. Having concluded that the initiation takes place by the act of filing of the
3(5) of Article XI of the impeachment complaint and referral to the House Committee on Justice, the
Constitution 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.

RULING

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.

SEPARATE OPINION

IN VIEW OF THE FOREGOING, I maintain that in disposing of this case we

should exercise judicial restraint and leave the matter to the Senate unless such
BELLOSILLO, J. exercise is fraught with grave abuse of discretion. Hence, I find no legal obstacle
to dismissing the instant petitions.

IN VIEW WHEREOF, I CONCUR with the majority decision insofar as it held

that
(a) Petitioners in all the above-captioned cases, except Atty. Dioscoro U.
Vallejos, Jr. in G.R. No. 160397, have legal standing to institute these petitions; and
(b) The constitutionality of the second impeachment complaint filed by
YNARES-SANTIAGO, JJ. Representatives Gilberto C. Teodoro, Jr. and Felix William B. Fuentebella against
Chief Justice Hilario G. Davide, Jr. is a justiciable issue which this Court may take
cognizance of.
However, I vote that this Court must observe judicial self-restraint at this time
and DISMISS the instant petitions.