BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


Francisco vs. House of Representatives GR, 160261 (Nov 10, 2003)

8/7/2022

0 Comments

 
Francisco vs. House of Representatives GR, 160261 (Nov 10, 2003) 
​

FACTS: 
An impeachment complaint against Chief Justice Hilario Davide and seven Asociate Justices was filed on 2 June 2003 but was dismissed by The House Committee on Justice on 22 October 2003 for being insufficient in substance. On 23 October 2003, Representative Gilbert Teodoro and Felix Fuentabella filed a new impeachment complaint against the Chief Justice. Thus arose the instant petitions against the House of Representatives et al, most of which contend that the filing of the second impeachment complaint is unconstitutional as it violates the provision of Section 5, Article XI of the Constitution, “no impeachment proceedings shall be initiated against the same official more than once within the period of one year.” Senator Aquilino Pimintel Jr, filed a Motion to Intervene, stating that the consolidated petitions be dismissed for lack of jurisdiction of the Court and that the sole power, authority and jurisdiction of the Senate as the impeachment court be recognized and upheld pursuant to the provision of Article XI of the Constitution. 

​
ISSUE: 
​
Whether or not the certiorari jurisdiction of the court may be invoked to determine the validity of the second impeachment complaint pursuant to Article XI of the Constitution. 

​
DECISION:  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 

RATIO DECIDENDI:  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. 


0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES