GUTTIEREZZ v HOR COMMITTEE ON JUSTICE GR. 193459 FEB 15 2011 J.

CARPIO MORALES

IMPEACHMENT

FACTS:

On July 22, 2010, private respondents known as the Baraquel group filed an
impeachment complaint against Ombudsman Ma. Merceditas N. Gutierrez, based on
betrayal of public trust and culpable violation of the Constitution.

Private respondents collectively known as the Reyes group filed another impeachment
complaint against petitioner on August 3, 2010 based on betrayal of public trust and
culpable violation of the Constitution.

After hearing, public respondent, by Resolution, found the two complaints, which both
allege culpable violation of the Constitution and betrayal of public trust, sufficient
in substance.

Petitioner filed with this Court the present petition with application for injunctive
reliefs. The Court En Banc RESOLVED to direct the issuance of a status quo suspending
the impeachment proceedings against petitioner because of the one year bar rule

ISSUE Do the simultaneous complaints vilate the one year bar rule?

HELD:

No.

Article XI, Section 3, paragraph (5) of the Constitution reads: “No impeachment
proceedings shall be initiated against the same official more than once within a period
of one year.”

However, the term “initiate” means to file the complaint and take initial action on it. The
initiation starts with the filing of the complaint which must be accompanied with an
action to set the complaint moving. 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.

In this case, both complaints were referred to the committee on justice at the same
time. The Court decided that only one case would survive but there was no violation of
the one year bar rule in this case.

WHEREFORE, the petition is DISMISSED.