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In a vote of 7-5-2, the Supreme Court has allowed the impeachment proceedings against Ombudsman Merceditas Gutierrez to proceed in the House of Representatives. The decision stemmed from the petition filed by Gutierrez last September to stop the House Committee on Justice from proceeding with her impeachment. Gutierrez claimed that there was a violation of the Constitution when the House committee heard two impeachment complaints against her which violated Article XI Section 3 (5) of the 1987 Constitution which provides that “no impeachment proceedings shall be initiated against the same official more than once within a period of one year.”

In its Decsion, the Court reiterated its previous ruling that what the 1987 Constitution prohibited was not the initiation of more than one complaint in one year but the initiation of more than one proceeding. Thus, it held:

“The Court, of course, does not downplay the importance of an impeachment complaint, for it is the matchstick that kindles the candle of impeachment proceedings.  The filing of an impeachment complaint is like the lighting of a matchstick.  Lighting the matchstick alone, however, cannot light up the candle, unless the lighted matchstick reaches or torches the candle wick.  Referring the complaint to the proper committee ignites the impeachment proceeding. With a simultaneous referral of multiple complaints filed, more than one lighted matchsticks light the candle at the same time.  What is important is that there should only be ONE CANDLE that is kindled in a year, such that once the candle starts burning, subsequent matchsticks can no longer rekindle the candle.”

Those who voted  for the continuation of the impeachment proceedings were Associate Justices Antonio Carpio, Conchita Carpio-Morales, Jose Mendoza, Roberto Abad, Maria Lourdes Sereno, Antonio Eduardo Nachura, and Martin Villarama. Those who dissented were Chief Justice Renato Corona, and Associate Justices Arturo Brion, Lucas Bersamin, Teresita Leonardo De Castro, and Diosdado Peralta. Associate Justices Mariano Del Castillo and Jose Perez concurred in part while Associate Justice Presbitero Velasco inhibited himself since his son is presently a Congressman.

Read the Decision here.

The Supreme Court has acquitted Hubert Webb, Antonio Lejano, Michael Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong from their conviction in the Vizconde massacre.

Voting 7-4, the Court overturned the verdict of then Paranaque RTC Branch 274 Judge and now Court of Appeals Justice Amelita Tolentino, and reversed the 15 December 2005 Decision and 26 January 2007 Resolution of the Court of Appeals.

The Supreme Court decision was penned by Associate Justice Roberto Abad. Concurring with the majority were Associate Justices Conchita Carpio-Morales, Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Mendoza and Ma. Lourdes Sereno. Those who dissented were led by Chief Justice Renato Corona  and includes Associate Justices Martin Villarama, Teresita Leonardo-De Castro and Arturo Brion.

Four other magistrates inhibited from the case namely, Associate Justices Antonio Carpio Mariano del Castillo, Presbitero Velasco Jr. and Antonio Eduardo Nachura.

The full text of the Decision can be found here:

http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm

The Supreme Court website has posted the questions for Mercantile Law, Criminal Law, Remedial Law and Legal Ethics which were asked during the third and fourth week of the Bar Exams. Click on the link to view the questionnaires. We welcome your suggested answers. Just post a comment to this post.

• Questions on Mercantile Law
• Questions on Criminal Law
• Questions on Remedial Law
• Questions on Legal Ethics

The Supreme Court website has posted the questions asked in last week’s Bar Exams for Civil Law and Taxation. Click on the link to view the questionnaires. We welcome your suggested answers. Just post a comment to this post.

• Questions on Civil Law
• Questions on Taxation