Francisco v House OF Representatives PDF

Title	Francisco v House OF Representatives
Author	Ferdinand Uy
Course	Agrarian Law and Social
Institution	De La Salle University
Pages	1
File Size	41.3 KB
File Type	PDF
Total Downloads	86
Total Views	146

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Francisco v House OF Representatives...

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FRANCISCO v HOUSE OF REPRESENTATIVES GR 160261, 10 November 2003

FACTS 

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President Estrada filed an impeachment complaint against Chief Justice Davide and seven Associate Justices for culpable violate of the Constitution, betrayal of the public trust and other high crimes. First impeachment complaint was voted by the House Committee on Just to be dismissed for insufficient substance. The second impeachment case which was the result of the legislative inquiry was filed a day after the dismissal of first impeachment case. Petitions stated that the second impeachment case is unconstitutional. Section 5 of Article XI of the Constitution provides that “No impeachment proceedings shall be initiated against the same official more than once within a period of one year.”

DECISION WHEREFORE, 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....