01. Francisco v Nagmamalasakit

October 17, 2017 | Author: Aices Salvador | Category: Impeachment, United States House Of Representatives, Supreme Courts, Judicial Review, Judiciaries
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01. Francisco v Nagmamalasakit...


G.R. 160261 November 10, 2003 Francisco, Jr. V Nagmamalasakit na mga Manananggol ng mga Mangagawang Pilipino, Inc. Facts: • On 28 November 2001, The 12th congress adopted and approved the Rules of Procedure in Impeachment Proceedings superceding the rules that were approved by the 11th congress. • On 22 July 2002, The House of representatives adopted a resolution which directed the Committee on Justice to conduct an investigation in aid of legislation with regard to the manner of disbursement and expenditures by Chief Justice of the Supreme Court of the Judiciary Development Fund. • On 2 June 2003, Former President Estrada filed the first impeachment complaint against Chief Justice Hilario Davide and seven associate justices of the Supreme Court for culpable violation of the Constitution and betrayal of public trust and other high crimes. • The complaint was endorsed by the House of Representatives. • On 5 August 2003, the complaint was referred to the House Committee on Justice in accordance with Section 3(2) or Article XI of the • On 13 October 2003, the Committee on Justice ruled that the complaint was sufficient in form. However • On 22 October 2003, the Committee voted to dismiss for being insufficient in substance • On 23 October 2003, a second impeachment complaint was filed with the Secretary General of the House by the House of Representatives against Chief Justice Hilario Davide Jr. • The 2nd impeachment complaint was founded on the alleged results of the legislative inquiry by above mentioned house resolution • The 2nd impeachment complaint was signed by 1/3 of all the members of the House of Representatives • Various petitions for certiorari, prohibition, and mandamus were filed with the Supreme Court against the House of Representatives, et. al., most of which petitions contend that the filing of the second impeachment complaint is unconstitutional as it violates the provision of Section 5 of Article XI of the Constitution that "No impeachment proceedings shall be initiated against the same official more than once within a period of one year." Issue: • Whether or not the Supreme Court has the power to exercise judicial review to determine if the second impeachment filed against Chief Justice Davide is valid. • On the petitions filed against the second impeachment complaint against Chief Justice Davide, will it have any merit? Held:

To determine the merits of the case, The courts must turn to the constitutions itself which uses well settled principle of constitutional construction which is Verba Legis or Letter of the law, “ the words used in the constitutions must be given their ordinary meaning” , Legis est anima or the reason of the law, “ the words of the constitution should be interpreted in accordance with the intent of the framers and last, the constitution should be read as a whole and one section should not be allowed to defeat another. The Supreme Court may exercise their power of Judicial Review for they maintain the idea of Checks and Balances in the Republic.

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