Professional Documents
Culture Documents
_______________
* EN BANC.
45
46
47
48
49
50
51
52
53
54
55
56
57
59
60
61
62
63
64
65
66
67
68
69
tion that Congress has absolute power to promulgate its rules. This
assumption, however, is misplaced. Section 3 (8) of Article XI
provides that “The Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of this section.”
Clearly, its power to promulgate its rules on impeachment is limited
by the phrase “to effectively carry out the purpose of this section.”
Hence, these rules cannot contravene the very purpose of the
Constitution which said rules were intended to effectively carry out.
Moreover, Section 3 of Article XI clearly provides for other specific
limitations on its power to make rules, viz.: It is basic that all rules
must not contravene the Constitution which is the fundamental
law. If as alleged Congress had absolute rule-making power, then it
would by necessary implication have the power to alter or amend
the meaning of the Constitution without need of referendum.
Same; Same; Where the construction to be given to a rule affects
persons other than members of the Legislature, the question becomes
judicial in nature.—In Osmeña v. Pendatun, this Court held that it
is within the province of either House of Congress to interpret its
rules and that it was the best judge of what constituted “disorderly
behavior” of its members. However, in Paceta v. Secretary of the
Commission on Appointments, Justice (later Chief Justice) Enrique
Fernando, speaking for this Court and quoting Justice Brandeis in
United States v. Smith, declared that where the construction to be
given to a rule affects persons other than members of the
Legislature, the question becomes judicial in nature. In Arroyo v. De
Venecia, quoting United States v. Ballin, Joseph & Co., Justice
Vicente Mendoza, speaking for this Court, held that while the
Constitution empowers each house to determine its rules of
proceedings, it may not by its rules ignore constitutional restraints
or violate fundamental rights, and further that there should be a
reasonable relation between the mode or method of proceeding
established by the rule and the result which is sought to be
attained. It is only within these limitations that all matters of
method are open to the determination of the Legislature.
Same; Same; The provisions of Sections 16 and 17 of Rule V of
the House Impeachment Rules clearly contravene Section 3 (5) of
Article XI as they give the term “initiate” a meaning different from
“filing.”—The provisions of Sections 16 and 17 of Rule V of the
House Impeachment Rules which state that impeachment
proceedings are deemed initiated (1) if there is a finding by the
House Committee on Justice that the verified complaint and/or
resolution is sufficient in substance, or (2) once the House itself
affirms or overturns the finding of the Committee on Justice that
the verified complaint and/or resolution is not sufficient in
substance or (3) by the filing or endorsement before the Secretary-
General of the House of Representatives of a verified complaint or a
resolution of impeachment by at least 1/3 of the members of the
House thus clearly con-
70
71
72
73
74
75
76
76 SUPREME COURT REPORTS ANNOTATED
77
78
79
80
is political in nature and hence its initiation and decision are best
left, at least initially, to Congress, a political organ of government.
The political components of impeachment are dominant and their
appreciation are not fit for judicial resolution. Indeed, they are
beyond the loop of judicial review. Second, judicial deferment will,
at the very least, stop our descent to a constitutional crisis. Only
those with the armor of invincible ignorance will cling to the fantasy
that a stand-off between this Court and Congress at this time will
not tear asunder our tenuous unity. There can be no debate on the
proposition that impeachment is designed to protect the principles of
separation of powers and checks and balances, the glue that holds
together our government. If we weaken the glue, we shall be
flirting with the flame of disaster. An approach that will bring this
Court to an irreversible collision with Congress, a collision where
there will be no victors but victims alone, is indefensible.
Same; Same; Same; Same; The 1987 Constitution expanded the
parameters of judicial power, but that by no means is a justification
for the errant thoughts that the Constitution created an imperial
judiciary; It is true that the Supreme Court has been called the
conscience of the Constitution and the last bulwark of
constitutional government, but that does not diminish the role of
the legislature as co-guardian of the Constitution.—The Court
should strive to work out a constitutional equilibrium where each
branch of government cannot dominate each other, an equilibrium
where each branch in the exercise of its distinct power should be left
alone yet bereft of a license to abuse. It is our hands that will cobble
the components of this delicate constitutional equilibrium. In the
discharge of this duty, Justice Frankfurter requires judges to
exhibit that “rare disinterestedness of mind and purpose, a freedom
from intellectual and social parochialism.” The call for that quality
of “rare disinterestedness” should counsel us to resist the temptation
of unduly inflating judicial power and deflating the executive and
legislative powers. The 1987 Constitution expanded the parameters
of judicial power, but that by no means is a justification for the
errant thought that the Constitution created an imperial judiciary.
An imperial judiciary composed of the unelected, whose sole
constituency is the blindfolded lady without the right to vote, is
counter-majoritarian, hence, inherently inimical to the central ideal
of democracy. We cannot pretend to be an imperial judiciary for in a
government whose cornerstone rests on the doctrine of separation of
powers, we cannot be the repository of all remedies. It is true that
this Court has been called the conscience of the Constitution and
the last bulwark of constitutional government. But that does not
diminish the role of the legislature as co-guardian of the
Constitution. In the words of Justice Cardozo, the “legislatures are
ultimate guardians of the liberties and welfare of the people in quite
as great a degree as courts.” Indeed, judges take an oath to preserve
and protect the Constitution but so do our legislators.
81
82
83
84
86
87
88
89
VOL. 415, NOVEMBER 10, 2003 89
90
91
92
93
95
96
97
power found in Article XI, Sec. 3. Precisely, the first part of the
power is lodged with the House, that of initiating impeachment, so
that a respondent hailed by the House before the Senate is a fact
and in law already impeached. What the House initiates in the
Senate is an impeachment CASE, not PROCEEDINGS. The
proceedings for impeachment preceded that and took place
exclusively in the House (in fact, non-members of the House cannot
initiate it and there is a need for a House member to endorse the
complaint). And what takes place in the Senate is the trial and the
decision. For this reason, Subsections (1) to (5) of Article XI, Section
3 apply to the House whereas Subsections (6) and (7) apply to the
Senate, and Subsection (8) applies to both, or to “Congress.” There is
therefore a sequence or order in these subsections, and the contrary
view disregards the same.
Same; Accountability of Public Officers; The placement of the
power of impeachment, not in the Articles on governmental powers,
but in the Article on accountability indicates that such power is not
essentially legislative in character, and is not primarily intended as
a check by the Legislative Department on the other branches—its
main purpose is to achieve accountability, but this is to be done
without detriment to the governmental power of legislation under
Article VI.—I earlier adverted to the placement of the power of
impeachment, not in the Articles on governmental powers, but in
the Article on accountability. This indicates that such power is not
essentially legislative in character, and is not primarily intended as
a check by the Legislative Department on the other branches. Its
main purpose, at least under our Constitution, is to achieve
accountability, but this is to be done without detriment to the
governmental power of legislation under Article VI.
Same; It is not certain whether the Senate is called upon to
review what the House has done in the exercise of its exclusive power
to initiate all cases of impeachment, any more than the House is
wont to interfere with the sole power of the Senate to try and decide
all such cases.—Prudential considerations are urged to allow the
political Departments to correct any mistake themselves, rather
than for the Court to intervene. It is not certain, however, whether
the Senate is called upon to review what the House has done in the
exercise of its exclusive power to initiate all cases of impeachment,
any more than the House is wont to interfere with the sole power of
the Senate to try and decide all such cases. Besides, the Senate
action would itself be part of what is sought to be avoided by
Subsection 5, namely, disruption of legislative work.
98
99
VOL. 415, NOVEMBER 10, 2003 99
100
101
102
103
CARPIO-MORALES, J.:
ARTICLE XI
107
_______________
108
_______________
109
_______________
110
_______________
111
_______________
112
_______________
113
_______________
114
_______________
116
_______________
117
_______________
118
_______________
119
Judicial Review
_______________
121
122
_______________
123
_______________
29 In In re Prautch, 1 Phil. 132 (1902), this Court held that a statute
allowing for imprisonment for non-payment of a debt was invalid. In
Casanovas v. Hord, 8 Phil. 125 (1907), this Court invalidated a statute
imposing a tax on mining claims on the ground that a government grant
stipulating that the payment of certain taxes by the grantee would be in
lieu of other taxes was a contractual obligation which could not be
impaired by subsequent legislation. In Concepcion v. Paredes, 42 Phil.
599 (1921), Section 148 (2) of the Administrative Code, as amended, which
provided that judges of the first instance with the same salaries would, by
lot, exchange judicial districts every five years, was declared invalid for
being a usurpation of the power of appointment vested in the Governor
General. In McDaniel v. Apacible, 42 Phil. 749 (1922), Act No. 2932, in so
far as it declares open to lease lands containing petroleum which have
been validly located and held, was declared invalid for being a depravation
of property without due process of law. In US. v. Ang Tang Ho, 43 Phil. 1
(1922), Act No. 2868, in so far as it authorized the Governor-General to fix
the price of rice by proclamation and to make the sale of rice in violation
of such a proclamation a crime, was declared an invalid delegation of
legislative power.
30 VICENTE V. MENDOZA, SHARING THE PASSION AND
ACTION OF OUR TIME 62-53 (2003).
31 Supra note 23.
124
ernment and insures that its vast powers are utilized only
for the benefit of the people for which it serves.
_______________
125
The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
126
_______________
127
_______________
128
_______________
43 Id., at p. 775.
44 Supra note 38.
45 Id., at pp. 330-331.
129
_______________
130
_______________
131
_______________
132
_______________
133
_______________
134
tion of actual cases and controversies must reflect the wisdom and
justice of the people as expressed through their representatives in
68
the executive and legislative departments of the government.
(Italics in the original)
Standing
Locus standi or legal standing has been defined as a
personal and substantial interest in the case such that the
party has sustained or will sustain direct injury as a result
of the governmental act that is being challenged. The gist of
the question of standing is whether a party alleges such
personal stake in the outcome of the controversy as to
assure that concrete adverseness which sharpens the
presentation of issues upon which the court depends69
for
illumination of difficult constitutional questions.
Intervenor Soriano, in praying for the dismissal of the
petitions, contends that petitioners do not have standing
since only the Chief Justice has sustained and will sustain
direct personal injury. Amicus curiae former Justice
Minister and Solicitor General Estelito Mendoza similarly
contends.
Upon the other hand, the Solicitor General asserts that
petitioners have standing since this Court had, in the past,
accorded standing to taxpayers, voters, concerned citizens, 70
legislators in cases involving paramount
71
public interest
and transcendental importance, and that procedural
matters are subordinate to the need to determine whether or
not the other branches of the government have kept
themselves within the limits of the Constitution and the
laws and
72
that they have not abused the discretion given to
them. Amicus curiae Dean Raul Pangalangan of the U.P.
College of Law is of the same opinion, citing transcendental
importance and the well-entrenched rule exception that,
when the real party in interest is unable to vindicate his
rights by seeking the
_______________
135
_______________
136
136 SUPREME COURT REPORTS ANNOTATED
Francisco, Jr. vs. Nagmamalasakit na mga Manananggol
ng mga Manggagawang Pilipino, Inc.
_______________
77 Agun, Jr. v. PIATCO, G.R. No. 155001, May 5, 2003, 402 SCRA
612, 402 SCRA 612 citing BAYAN v. Zamora, 342 SCRA 449, 562-563
(2000) and Baker v. Carr, supra note 57; Vide Gonzales v. Narvasa, 337
SCRA 733 (2000); TELEBAP v. Commission on Elections, 289 SCRA 337
(1998).
78 Chavez v. PCGG, supra note 15.
79 Del Mar v. PAGCOR, 346 SCRA 485, 501 (2000) citing Kilosbayan,
Inc., et al. v. Morato, supra note 70; Dumlao v. COMELEC, 95 SCRA 392
(1980); Sanidud v. Commission on Elections, 73 SCRA 333 (1976);
Philconsa v. Mathay, 18 SCRA 300 (1966); Pascual v. Secretary of Public
Works, 110 Phil. 331 (1960); Vide Gonzales v. Narvasa, supra p. 77;
Pelaez
137
_______________
138
_______________
139
_______________
140
_______________
141
_______________
142
_______________
96 Id., at p. 681.
143
Justiciability
98
In the leading case of Tañada v. Cuenco, Chief Justice
Roberto Concepcion defined the term “political question,”
viz.:
_______________
97 SECTION 3. x x x
(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.
_______________
145
The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
146
147
148
_______________
149
_______________
150
In the case now before us, the jurisdictional objection becomes even
less tenable and decisive. The reason is that, even if we were to
assume that the issue presented before us was political in
nature, we would still not be precluded from resolving it
under the expanded, jurisdiction conferred upon us 110 that
now covers, in proper cases, even the political question. x x
x (Emphasis and italics supplied.)
_______________
151
VOL. 415, NOVEMBER 10, 2003 151
Francisco, Jr. vs. Nagmamalasakit na mga Manananggol
ng mga Manggagawang Pilipino, Inc.
152
Lis Mota
It is a well-settled maxim of adjudication that an issue
assailing the constitutionality of a governmental act should
be avoided
_______________
153
whenever possible.
115
Thus, in the case of Sotto v. Commission
on Elections, this Court held:
_______________
154
_______________
155
_______________
156
_______________
157
Judicial Restraint
Senator Pimentel urges this Court to exercise judicial
restraint on the ground that the Senate, sitting as an
impeachment court, has the sole power to try and decide all
cases of impeachment. Again, this Court reiterates that the
power of judicial review includes the power of review over
justiciable issues in impeachment proceedings.
On the other hand, respondents Speaker De Venecia et
al. argue that “[t]here is a moral compulsion for the Court to
not assume jurisdiction over the impeachment because 125
all
the Members thereof are subject to impeachment.” But
this argument is very much like saying the Legislature has
a moral compulsion not to pass laws with penalty clauses
because Members of the House of Representatives are
subject to them.
_______________
158
_______________
159
161
_______________
136 Board of Optometry v. Colet, 260 SCRA 88, 103 (1996); Joya v. PCGG,
supra note 69 at 575; Macasiano v. National Housing Authority, 224 SCRA 236,
242 (1993); Santos III v. Northwestern Airlines, 210 SCRA 256, 261-262 (1992),
National Economic Protectionism Association v. Ongpin, 171 SCRA 657, 665
(1989).
137 Supra note 2 at p. 353.
163
_______________
164
166
_______________
168
_______________
170