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[G.R. No.< 169244.� September 1, 2005]
FRANCISCO vs. HOUSE COMMITTEE ON JUSTICE
EN BANC
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated SEP 1 2005.
G.R. No. 169244 (Ernesto B. Francisco, Jr. vs. The House Committee on Justice, Represented by Its Chairman, Rep. Simeon Datumanong, The House of Representatives, Represented by its Speaker, Rep. Jose De Venecia, and President Gloria Macapagal-Arroyo.)
This treats of the Petition for certiorari, prohibition and mandamus with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction dated August 31, 2005 filed by Ernesto B. Francisco, Jr. The petition seeks to nullify Sections 2, 4, 5 and 6, Rule II of the Rules on Impeachment adopted by the 11th and 13th Congress of the House of Representatives (House); to enjoin further proceedings in the House being carried out under the assailed Rules on Impeachment; and to direct the House to admit all impeachment complaints against President Gloria Macapagal Arroyo. It claims that the Committee on Justice acted with grave abuse of discretion when it treated the Amended Complaint (for impeachment) filed by Atty. Oliver Lozano, opposition representatives led by Representative Francis G. Escudero, and heads/representatives of several non-governmental organizations as a second impeachment complaint barred by the original complaint also filed by Atty. Lozano.
In a more recent development not mentioned in the petition, the Committee on Justice voted to declare the original impeachment complaint filed by Atty. Lozano sufficient in form. Subsequently, it decided that the original impeachment complaint was insufficient in substance.1
According to petitioner, in barring the Amended Complaint, the Committee on Justice effectively stifled the right to file an impeachment complaint against an impeachable official guaranteed under the Constitution. The Rules on Impeachment allegedly contravenes the Constitution insofar as it provides that impeachment is initiated upon the filing of a verified complaint for impeachment by any member of the House, or by any citizen upon a resolution of endorsement by any member of the House, or by one-third (1/3) of all the members of the House. Such a provision is allegedly susceptible to abuse because all that an impeachable official needs to do to avoid being impeached is to yearly ask somebody to file a sham impeachment complaint or one which can easily be declared insufficient in form and substance and have the same endorsed by an ally in the House.
Petitioner likewise avers that a hearing should first be conducted by the Committee on Justice before it may dismiss an impeachment complaint on the ground that it is not sufficient in form and substance. Further, he argues that Article XI, Sec. 3(2) and (4) of the Constitution should be construed to mean that an impeachment complaint does not have to be filed by one-third of all the members of the House at the time of its filing for the complaint to constitute the articles of impeachment and for trial in the Senate to forthwith proceed, provided that the requirement of one-third of all members of the House is subsequently met.
The petition has not satisfied the threshold procedural requisite of ripeness. Consequently, the petition must be dismissed on the ground of prematurity.
Ripeness and prematurity are correlated matters. For a case to be considered ripe for adjudication, it is a prerequisite that something had by then been accomplished or performed by either branch before a court may come into the picture. Only then may the courts pass on the validity of what was done, if and when the latter is challenged in an appropriate legal proceeding.2 On the other hand, prematurity deals with the question of whether all remedies have been exhausted before resort to the courts could be had.
In this case, the resolution of the Committee on Justice to treat the Amended Complaint as a second impeachment complaint is yet to be passed upon by the House in a plenary session.
Sec. 3, Art. XI of the Constitution provides:
Sec. 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution of endorsement by any member thereof, which shall be included in the order of business within ten session days, and referred to the proper committee within three session days thereafter. The committee, after hearing, and by a majority vote of all its members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the committee, or override its contrary resolution. The vote of each member shall be recorded. [Emphasis supplied]
The Rules of Procedure in Impeachment Proceedings of the 13th Congress contains the relevant implementing provisions:
Section 4. Preliminary Determination of Sufficiency in Form and Substance.-Upon due referral, the Committee on Justice shall determine whether the complaint is sufficient in form and substance. If the committee finds that the complaint is insufficient in form, it shall return the same to the Secretary General within three (3) session days with a written explanation of the insufficiency. The Secretary General shall return the same to the complainant or complainants together with the committee's written explanation within three (3) session days from receipt of the committee resolution finding the complaint insufficient in form.
Should the committee find the complaint sufficient in form, it shall then determine if the complaint is sufficient in substance. The requirement of substance is met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of the committee. If the committee finds that the complaint is not sufficient in substance, it shall dismiss the complaint and shall submit its report as provided hereunder. (Rule III)
Section 6. Submission of Evidence and Memoranda.- After receipt of the pleadings and affidavits and counter-affidavits and relevant documents provided for in Section 5, or the expiration of the time within which they may be filed, the Committee shall determine whether the complaint alleges sufficient grounds for impeachment.
If it finds that sufficient grounds for impeachment do not exist, the Committee shall dismiss the complaint and submit the report required hereunder. If the Committee finds that sufficient grounds for impeachment exist, the Committee shall conduct a hearing. To that end, the Committee, through the chairman, may limit the period of examination and cross-examination. The Committee shall have the power to issue compulsory processes for the attendance of witnesses as well as the production of documents and other related evidence.
The hearing before the Committee shall be open to the public except when the security of the State or public interest requires that the hearing be held in executive session.
After the submission of evidence, the Committee may require the submission of memoranda, after which the matter shall be submitted for resolution. (Rule III)
Section 7. Protection to Complainant or Witness.-The House may, upon proper petition, provide adequate protection to a complainant or witness if it is shown that his personal safety is in jeopardy because of his participation in an impeachment proceeding. (Rule III)
Section 8. Report and Recommendation.-The Committee on Justice after hearing, and by a majority vote of all its members, shall submit its report to the House containing its findings and recommendations within sixty (60) session days from the referral to it of the verified complaint and/or resolution. Together with the report shall be a formal resolution of the committee regarding the disposition of the complaint which shall be calendared for consideration by the House within ten (10) session days from receipt thereof.
If the Committee finds by a vote of majority of all its members that a probable cause exists, it shall submit with its report a resolution setting forth the articles of impeachment on the basis of the evidence adduced before the Committee. Otherwise, the complaint shall be dismissed subject to Section 11 of these Rules. (Rule III) (Emphasis supplied.)
Section 9. Report to be Calendared.-The Committee on Rules shall calendar the report and the accompanying resolution of the Committee on Justice regarding the disposition of the complaint in accordance with the Rules of the House of Representatives. The House shall dispose of the report within sixty (60) session days from its submission by the Committee on Justice (Rule III) (Emphasis supplied.)
Section 10. Vote Required for Approval.- A vote of at least one-third (1/3) of all the members of the House is necessary for the approval of the resolution setting forth the articles of Impeachment. If the resolution is approved by the required vote, it shall then be endorsed to the Senate for its trial.
On the other hand, should the resolution fail to secure the approval by the required vote, the same shall result the dismissal of the complaint for impeachment. (Rule 3) (Emphasis supplied.)
Section 11. Where Dismissal Recommended. - When the report of the Committee on Justice dismisses the complaint, it shall submit to the House a resolution for the dismissal of the verified complaint and/or resolution of impeachment. A vote of at least one-third (1/3) of all the members of the House shall be necessary to override such resolution, in which case the Committee on Justice shall forthwith prepare the articles of impeachment.
Section 12. Vote by Roll Call.-The voting on a favorable resolution with the articles of impeachment of the Committee on Justice or a contrary resolution shall be by roll call, and the Secretary General shall record the vote of each member. (Rule III) (Emphasis supplied.)
Thus, the Committee on Justice should submit to the House a report on its action to treat the Amended complaint as a second impeachment complaint and also on its determinations on the sufficiency in form and substance of the impeachment complaint. Then, the report shall be deliberated and acted upon by the House. The Court should, therefore, wait until after all the remedies in the House are exhausted. Indeed, this is not yet the auspicious time to resolve the issues raised in the petition.
WHEREFORE, the instant petition is hereby DISMISSED.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
1 Philippine Daily Inquirer, September 1, 2005, p. 1, "President's men upholds Lozano case, then kill it", by Michael Lim Ubac.
2 Francisco, Jr. v. House of Representatives, G.R. No. 160261, November 10, 2003, 415 SCRA 44.
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