Case Digest: Francisco v. House of Representatives, GR No. 160261, November 10, 2003

 Political Law Review | Interpretation/Construction of the Constitution

  • Chief Justice Hilario G. Davide Jr. faced two impeachment complaints within less than a year:

    • On June 2, 2003, former President Joseph E. Estrada filed the first impeachment complaint for “culpable violation of the Constitution, betrayal of the public trust, and other high crimes,” which the Committee on Justice later dismissed as insufficient in substance.

    • On October 23, 2003, a second impeachment complaint was filed with the House, endorsed by at least one-third of all Members of the House of Representatives.

  • Petitioners contend that the second complaint violated Section 5, Article XI of the 1987 Constitution which prohibits initiating impeachment proceedings against the same official more than once within one year.

  • In Sections 16–17 of the House Impeachment Rules, impeachment proceedings are deemed initiated:

    • If there is a finding by the House Committee on Justice that the verified complaint and/or resolution is sufficient in substance, or 

    • once the House itself affirms or overturns the finding of the Committee on Justice that the verified complaint and/or resolution is not sufficient in substance or 

    • by the filing or endorsement before the Secretary-General of the House of Representatives of a verified complaint or a resolution of impeachment by at least 1/3 of the members of the House. 


Whether the House Impeachment Rules (Rule V, sections 16–17) permitting multiple filings within one year were constitutional. NO

  • The Supreme Court applied the principle of verba legis, giving the words of Section 5 their ordinary meaning: initiation of impeachment occurs when proceedings are first deemed initiated under the Constitution’s text, not at some later time as in the House Rules.

  • The Constitution is not meant to be a specialized lawyer’s document, but must be comprehensible to the general public.

  • The Court then invoked ratio legis et anima, interpreting Section 5 in light of the framers’ intent to prevent harassment of public officers through repeated impeachment efforts within a twelve-month period. 

    • The  Court referred to the records of the Constitutional Commission (e.g. statements by Fr. Joaquin Bernas) to clarify if the term “to initiate” refers to the filing of the impeachment complaint coupled with Congress taking initial action on it—namely, referral to the House Committee on Justice.

    • Father Bernas also emphasized that initiation occurs at the moment a “verified complaint is filed and referred to the Committee”—this kicks off the impeachment proceeding as a whole

  • It held that the second complaint was filed within one year of when the first impeachment proceedings were validly initiated, and thus barred by the Constitution.

  • Accordingly, the Supreme Court declared Sections 16 and 17 of Rule V of the House Impeachment Rules unconstitutional for being inconsistent with the clear language and purpose of Section 5, Article XI, and enjoined the House of Representatives from further proceeding on the second impeachment complaint.

  • Thus, once an impeachment complaint is filed and referred or endorsed by 1/3 members and filed with the Secretary General, it is “initiated.”

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