G.R. No.

160261 November 10, 2003

FRANCISCO,JR. vs. THE HOUSE OF REPRESENTATIVES

Carpio Morales, J.:

FACTS:

On July 22, 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

On June 2, 2003, former President Joseph E. Estrada filed an

impeachment complaint against Chief Justice Hilario G. Davide Jr. and
seven Associate Justices for "culpable violation of the Constitution,
betrayal of the public trust and other high crimes."

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.

After four months and three weeks since the filing of the first complaint,
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. (First District, Tarlac) and Felix William B. Fuentebella (Third District,
Camarines Sur) 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.

Thus arose the instant petitions 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 "no impeachment
proceedings shall be initiated against the same official more than once
within a period of one year."

ISSUE:

Whether the second impeachment complaint is barred under Section 3(5)

of Article XI of the Constitution.
RULING:

Yes, because the constitution does not allow another impeachment

proceeding to be initiated against the same official more than once within
a period of one year.

The court has held that 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.