MA. MERCEDITAS N. GUTIERREZ v. THE HOUSE OF REPRESENTATIVES COMMITTEE ON JUSTICE, et al.

G.R. No. 193459, 15 February 2011, EN BANC (Carpio-Morales, J.)

Two impeachment complaints were filed against Ombudsman Gutierrez, both were based betrayal of
public trust and culpable violation of the Constitution. The House Plenary referred the two complaints to
the House of Representative Committee on Justice. After hearing, the House of Representative
Committee on Justice issued a Resolution finding both complaints sufficient in form and substance.
Consequently, Ombudsman Gutierrez contended that the issued the Resolution violated the one-year
bar provision under Article XI, Section 3, paragraph 5 of the Constitution.

ISSUE:

Whether the HR Committee on Justice violated the one-year bar provision when it issued the Resolution

RULING:

No. Article XI, Section 3, paragraph (5) of the Constitution provides that, no impeachment proceedings
shall be initiated against the same official more than once within a period of one year. The act of
initiating the complaint means the filing of the impeachment complaint and the referral by the House
Plenary to the Committee on Justice. Once an impeachment complaint has been initiated, another
impeachment complaint may not be filed against the same official within a one year period. Therefore,
the one-year period ban is reckoned not from the filing of the first complaint, but on the date it is
referred to the House Committee on Justice. Hence, in this case, the HR Committee did not violate the
oneyear bar provision of the Constitution when it accepted the second impeachment complaint after
the first impeachment complaint was filed.

Also, it was held that the HR committee did not abuse its discretion in finding the complaints sufficient in
form in substance. The Impeachment Rules are clear in echoing the constitutional requirements and
providing that there must be a verified complaint or resolution, and that the substance requirement is
met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of
the committee.