FranciscoJr Vs house of Congress Compact Digest

Stages
Carpio
Question of Political Crisis can be solved by the constitution
Co-Equality of the Branches
Public Office is Public Trust
Difference between 11 congress and 12, - Initiated at filing
Various petition for Certiorari/Prohibition/Mandamus
Defining Judicial Review for Jurisdiction of the Case
LOCUS STANDI- Most have legal standings (PUBLIC FUNDS)

Facts: On November 21 2001, the 12
th
congress adopted and
approved the Rules and Procedure of Impeachment
Proceedings. On July 22 2002, HOR adopted a resolution that
directed to investigate, IN AID of LEGISLATION, the disbarments
and expenditures of the Chief Justice of the Judiciary
Development Fund. On June 2, 2003, President Estrada filed an
impeachment complaint against the CJ and 7 Assoc Judges for
culpable violation of the constitution, betrayal of public trust
and other high crimes

On October 13, 2003 , H.Com.Justice ruled that the
impeachment complaint was sufficient in form but insufficient
in substance. 10 days later, a second complaint was filed.
However various petitions were filed against the HOR most
notably citing that the complaint was in violation of Section 5
Article XI of the constitution, where it clearly states that only
one impeachment proceeding shall be initiated against the
same official in a period of one year.
ISSUES
LOCUS STANDING OF PETITIONER Most petitioners were
granted standing in relation to public funds that will be spent
on the impeachment proceedings.
Legislators claims his prerogatives are infringes
RIPENESS AND PREMATURITY - Withdrawal of signatures will
not cure the impeachment rules of their constitutional
infirmity. The legislative department cannot answer a question
of constitutionality, as they have no power to do so.
POLITICAL QUESTION/ JUSTICIABILITY Political question is a
question of policy. Courts have the right to determine grave
abuse of discretion amount to lack or excess of jurisdiction.
Judicial Power is not only a power but a duty.
Lis Mota maxim of adjudication that issue assailing the
constitutionality of governmental at should be avoided
whenever possible.



HOUSE EXCLUSIVEE POWER TO INITIATE ALL CASES OF
IMPEACHMENT

SENATE SOLE POWER TO DECIDE ALL CASES power of judicial
review includes the power of review over JUSTICIABLE ISSUES IN
IMPEACHMENT PROCEEDINGS
IT IS A DUTY OF THE SUPREMBE COURT. THERE ARE NO OTHER
OFFICE HAS THE AUTHORITY TO REVIEW THIS CASE.

CONSTITUTIONALITY OF THE HOUSE RULES ON IMPEACHMENT
Interpretation of Initiate = Facilitate First Action = Filing of the
complaint = it is clear that a period of one year should be
respected once filed.





Validity of the Second Impeachment Complaint
Initiatation takes place by the act of filing the complaint,
Section 3 article 11 becomes clear. June 2, 2003 October 23,
2003, the court decides that the impeachment complaint
violates constitutional prohibition against the initiation of
impeachment proceedings against the same impeacheable
officer within a one year period.

Judicial restrating, the court took cognizance and did not take
the hands-off stance as far as the question of constitutionality
for it is not only their power but also the duty of the courts to
review such question, judicial review. The court found that this
certain case has full of requisite for them to exercise judicical
review.


In Francisco v HR, the sc made reference to the use of well
settled principle of constitutional construction namely,

1.Verba Legis PLAIN MEANING RULE ORDINARY MEANING
2. Ratio Legis et anima ACCORDING TO SPIRIT
3. Ut Magis valeat quam pereat CONSTITUTION AS A WHOLE