A.M. No. 03-8-22-SC. September 16, 2003 RE: EM NO.

03-010 010 - ORDER OF THE FIRST DIVISION OF THE COMMISSION ON ELECTIONS DATED AUGUST 15, 2003. EN BANC Gentlemen: Quoted hereunder, for your information, information, is a resolution of the Court En Banc dated 16 SEP 2003 A.M. No. 03-8-22 22 SC. (Re: EM No. 03-010 010 Order of the First Division of the Commission on Elections dated August 15, 2003.)

Ma. Linda Olaguer Montayre) and Rodolfo. T. Albano III against Chief Justice On 10 September 2003, the First Division bf the Commission Elections (COMELEC) Hilario G. promulgated a Resolution in EM Nos. 03-010 & 03-011,[1] which disposed thus: Davide, Jr. and "WHEREFORE, for the reasons given, this Commission may be Associate persuaded to pronounce the existence of sufficient grounds to declare Justices respondents in contempt of this Commission and accordingly impose the Josue N. proper penalty. Nevertheless, we are constitutionally enjoined from Bellosillo, doing so without respondents first going through the process of Reynato S. impeachment. Puno and "As prayed for by Petitioner Rodolfo T. AIbano III and Artemio V. Intervenor Rodrigo B. Gutang, let [a] copy of this resolution be Panganiba forwarded [to] the House of Representatives. n before "However, in the light of the foregoing discussion, we find the the First filing of the present petitions premature because of the authoritative Division of doctrine that impeachable officers must first be removed from office by Comelec impeachment before any punitive measure may be imposed against on July 15, them. Consequently, the actions being untimely filed, as explained by 2003 and the Supreme Court, the Petitions for Indirect Contempt deserve nothing August 11, less than outright dismissal. Let the above-captioned cases be, as they 2003, are hereby ordered, DISMISSED. respectivel y. In its "SO ORDERED." Order dated On 26 August 2003, prior to the promulgation of the above Resolution of the August 15, COMELEC's First Division, this Court en banc issued its own Resolution, quoted in full 2003, as follows: Commissio ner Rufino "Acting on the Order of the Commission on Elections dated S. B. August 15, 2003 signed by Presiding Commissioner Rufino SB. Javier Javier, of the Comelec First Division addressed to Chief Justice Hilario G. Presiding Davide Jr. and Associate Justices Josue N. Bellosillo, Reynato S. Puno Officer of and Artemio V. Panganiban, sending them copies of Petition's for the First Indirect Contempt filed against them in the Commission by the Malay Division, Democrats of the Philippines (signed by Ma. Linda Olaguer Montayre), granted the Rodolfo T. Albano III and Rodrigo B. Gutang, and advising them that motion of they may, if they so desire, send to (the) Commission within a Mr. reasonable time their observation or comment on the afore-enumerated Rodrigo pleadings to help the Commission in intelligently disposing of them, the Gutang, Court RESOLVED (1) to treat it as an administrative matter cognizable member of by the Courts en banc as it affects the entire Court, and (2.) to inform the the Commission that the subject matter of the Petitions involves a, review of Veterans the final decision and/or official actions of this Court in G.R. Nos. Federation 147589 and 147613, June 26, 2001 (Ang Bagong Bayani-OFW Labor Party, to Party vs. commission on Elections, et al.), a review that is, intervene unquestionably beyond the jurisdiction of the Commission. Under the in the Constitution and pursuant to the principle of separation of powers, Petitions. decisions, orders and official actions of the Supreme Court and its
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Members cannot be reviewed, passed upon, modified, much less reversed by any department, agency or branch of government, whether directly or indirectly under any guise whatsoever. Accordingly, the Petitions for Indirect Contempt deserve nothing less than outright dismissal.

Ma. Linda Olaguer Montayre) and Rodolfo. T. Albano III against Chief Justice Hilario G. Davide, Jr. and Associate Justices Josue N. Bellosillo, Reynato S. Puno and Artemio V. Panganiba n before the First Division of Comelec on July 15, 2003 and August 11, 2003, respectivel y. In its Order dated August 15, 2003, Commissio ner Rufino S. B. Javier, Presiding Officer of the First Division, granted the motion of Mr. Rodrigo Gutang, member of the Veterans Federation Party, to intervene in the Petitions.