FRANCISCO v.

HOUSE OF REPRESENTATIVES
G.R. NO. 160261. November 10, 2003

TOPIC: Constitutional Construction

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:
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.
RULING:
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.

DB: ADPG