Father Bernas explains that in these two provisions,
the common verb is "to initiate." The object in the first sentence is
"impeachment case." The object in the second sentence is "impeachment
proceeding." Following the principle of reddendo singuala sinuilis,
the term "cases" must be distinguished from the term "proceedings." An
impeachment case is the legal controversy that must be decided by the
Senate. Above-quoted first provision provides that the House, by a vote
of one-third of all its members, can bring a case to the Senate. It is
in that sense that the House has "exclusive power" to initiate all
cases of impeachment. No other body can do it. However, before a
decision is made to initiate a case in the Senate, a "proceeding" must
be followed to arrive at a conclusion. A proceeding must be
"initiated." To initiate, which comes from the Latin word initium,
means to begin. On the other hand, proceeding is a progressive noun.
It has a beginning, a middle, and an end. It takes place not in the
Senate but in the House and consists of several steps: (1) there is
the filing of a verified complaint either by a Member of the House of
Representatives or by a private citizen endorsed by a Member of the
House of the Representatives; (2) there is the processing of this
complaint by the proper Committee which may either reject the complaint
or uphold it; (3) whether the resolution of the Committee rejects or
upholds the complaint, the resolution must be forwarded to the House for
further processing; and (4) there is the processing of the same
complaint by the House of Representatives which either affirms a
favorable resolution of the Committee or overrides a contrary resolution
by a vote of one-third of all the members. If at least one third of
all the Members upholds the complaint, Articles of Impeachment are
prepared and transmitted to the Senate. It is at this point that the
House "initiates an impeachment case." It is at this
point that an impeachable public official is successfully impeached.
That is, he or she is successfully charged with an impeachment "case"
before the Senate as impeachment court.
Father Bernas further explains: The "impeachment
proceeding" is not initiated when the complaint is transmitted to the
Senate for trial because that is the end of the House proceeding and the
beginning of another proceeding, namely the trial. Neither is the
"impeachment proceeding" initiated when the House deliberates on the
resolution passed on to it by the Committee, because something prior to
that has already been done. The action of the House is already a
further step in the proceeding, not its initiation or beginning.
Rather, the proceeding is initiated or begins, when a verified complaint is filed and referred to the Committee on Justice for action. This is the initiating step which triggers the series of steps that follow.
The framers of the Constitution also understood
initiation in its ordinary meaning. Thus when a proposal reached the
floor proposing that "A vote of at least one-third of all the Members of
the House shall be necessary… to initiate impeachment proceedings,"
this was met by a proposal to delete the line on the ground that the
vote of the House does not initiate impeachment proceeding but rather
the filing of a complaint does.146 Thus the line was deleted and is not found in the present Constitution.
Father Bernas concludes that when Section 3 (5) says,
"No impeachment proceeding shall be initiated against the same official
more than once within a period of one year," it means that no second
verified complaint may be accepted and referred to the Committee on
Justice for action. By his explanation, this interpretation is founded
on the common understanding of the meaning of "to initiate" which means
to begin. He reminds that the Constitution is ratified by the people,
both ordinary and sophisticated, as they understand it; and that
ordinary people read ordinary meaning into ordinary words and not
abstruse meaning, they ratify words as they understand it and not as
sophisticated lawyers confuse it.
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