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.
x x x
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.
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