CASE DIGEST
Francisco, Jr. v. House
of Representatives
G.R. No. 160261,
November 10, 2003
EN BANC, CARPIO MORALES, J
Rules on Impeachment;
Verba Legis Construction
Salus populi est suprema lex. The welfare of the people is the supreme law.
First impeachment complaint filed by
Joseph Estrada on June2003 against Chief Justice Davide for “culpable violation
of the Constitution, betrayal of public trust and other high crimes”.
Second impeachment complaint on October 2003 signed by at least 1/3 of the members of the House of Representative in accordance with the Rules on Impeachment passed and promulgated by the Congress.
Whether filing of 2nd impeachment complaint unconstitutional as it violated the Section 5 Art. XI of the Constitution “no impeachment proceeding shall be initiated against the same official more than once within a period of one year”.
YES. The rule of impeachment adopted by the Congress is unconstitutional. The rule cannot contravene the Constitution – which is the fundamental law. 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.
Clearly the 2nd complaint violates the
constitutional prohibition against the impeachment proceedings against the same
impeachable officer within one year period.
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