Friday, September 28, 2012

Francisco vs. House of Representatives

TOPIC: Political Question
GR 160261
10 November 2003

Facts: On 28 November 2001, the 12th Congress of the House of Representatives adopted and approved the Rules of Procedure in Impeachment Proceedings, superseding the previous House Impeachment Rules 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, on the manner of disbursements and expenditures by the Chief Justice of the Supreme Court of the Judiciary Development Fund (JDF). On 2 June 2003, former President Joseph E. Estrada filed an impeachment complaint (first impeachment complaint) against Chief Justice Hilario G. Davide Jr. and seven Associate Justices of the Supreme Court for "culpable violation of the Constitution, betrayal of the public trust and other high crimes." The complaint was endorsed by House Representatives, and was referred to the House Committee on Justice on 5 August 2003 in accordance with Section 3(2) of Article XI of the Constitution. The House Committee on Justice ruled on 13 October 2003 that the first impeachment complaint was "sufficient in form," but voted to dismiss the same on 22 October 2003 for being insufficient in substance. The following day or on 23 October 2003, the second impeachment complaint was filed with the Secretary General of the House by House Representatives against Chief Justice Hilario G. Davide, Jr., founded on the alleged results of the legislative inquiry initiated by above-mentioned House Resolution. The second impeachment complaint was accompanied by a "Resolution of Endorsement/Impeachment" signed by at least 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 "[n]o impeachment proceedings shall be initiated against the same official more than once within a period of one year."
Issue: Whether or not the petitions are plainly premature and have no basis in law or in fact, adding that as of the time of filing of the petitions, no justiciable issue was presented before it.
Held: The court’s power of judicial review, like almost all powers conferred by the Constitution, is subject to several limitations, namely: (1) an actual case or controversy calling for the exercise of judicial power; (2) the person challenging the act must have “standing” to challenge; he must have a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement; (3) the question of constitutionality must be raised at the earliest possible opportunity; and (4) the issue of constitutionality must be the very lis mota of the case.
This Court did not heed the call to adopt a hands-off stance as far as the question of the constitutionality of initiating the impeachment complaint against Chief Justice Davide is concerned.  The Court found the existence in full of all the requisite conditions for its exercise of its constitutionally vested power and duty of the judicial review over an issue whose resolution precisely called for the construction or interpretation of a provision of the fundamental law of the land.  What lies in here is an issue of a genuine constitutional material which only this Court can properly and competently address and adjudicate in accordance with the clear-cut allocation of powers under our system of government. 

This Court in the present petitions subjected to judicial scrutiny and resolved on the merits only the main issue of whether the impeachment proceedings initiated against the Chief Justice transgressed the constitutionally imposed one-year time bar rule.  Beyond this, it did not go about assuming jurisdiction where it had none, nor indiscriminately turn justiciable issues out of decidedly political questions.  Because it not at all the business of this Court to assert judicial dominance over the other two great branches of the government.

Political questions are “those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government.”  It is concerned with issues dependent upon the wisdom, not legality, of a particular measure.

Citing Chief Justice Concepcion, when he became a Constitutional Commissioner: “…The powers of government are generally considered divided into three branches: the Legislative, the Executive, and the Judiciary.  Each one is supreme within its own sphere and independent of the others.  Because of that supremacy power to determine whether a given law is valid or not is vested in courts of justice… courts of justice determine the limits of powers of the agencies and offices of the government as well as those of its officers.  The judiciary is the final arbiter on the question whether or not a branch of government or any of its officials has acted without jurisdiction or in excess of jurisdiction, or so capriciously as to constitute an abuse of discretion amounting to excess of jurisdiction or lack of jurisdiction.  This is not only a judicial power but also a duty to pass judgment on matters of this nature…” a duty which cannot be abdicated by the mere specter of the political law doctrine.

The determination of a truly political question from a non-justiciable political question lies in the answer to the question of whether there are constitutionally imposed limits on powers or functions conferred upon political bodies.  If there are, then our courts are duty-bound to examine whether the branch or instrumentality of the government properly acted within such limits. 

The Court held that it has no jurisdiction over the issue that goes into the merits of the second impeachment complaint.  More importantly, any discussion of this would require this Court to make a determination of what constitutes an impeachable offense.  Such a determination is a purely political question which the Constitution has left to the sound discretion of the legislation.

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