ERNESTO B. FRANCISCO, JR.

vs THE HOUSE OF REPRESENTATIVES

G.R. No. 160261. Nov. 10, 2003 - (MAE CLARE D. BENDO)

Caprio Morales, J.:

JURISPRUDENCE:
Words and phrases; “initiate” of course is understood by ordinary men to mean, as dictionaries do, to begin, to
commerce, or set going.
FACTS:
Former President Estrada filed an impeachment complaint against Chief Justice Davide and seven other
associate justices. However, it was dismissed. A second impeachment complaint accompanied by a resolution
of impeachment/endorsement signed by atleast one third od all the members of the house of representatives
was filed by members of the house.
Thus, arose instant petition, which contends that the second filing of impeachment complaint is unconstitutional.
On the other hand, respondent house of representatives argues that Sec. 16 & 17 of Rule V of house
impeachment rules do not violate Sec. 3 (5) of Art. XI of the Constitution, contending that the term “initiate” does
not mean “to file”.

ISSUES:

1.) Whether or not the term initiate does not mean to file, thus the filing of second impeachment complaint is
unconstitutional.

HELD:

No. The resolution of this issue thus hinges on the interpretation of the term "initiate." Resort to statutory
construction is, therefore, in order.

That the sponsor of the provision of Section 3(5) of the Constitution, Commissioner Florenz Regalado, who
eventually became an Associate Justice of this Court, agreed on the meaning of "initiate" as "to file," as
proffered and explained by Constitutional Commissioner Maambong during the Constitutional Commission
proceedings, which he (Commissioner Regalado) as amicus curiae affirmed during the oral arguments on the
instant petitions held on November 5, 2003 at which he added that the act of "initiating" included the act of
taking initial action on the complaint, dissipates any doubt that indeed the word "initiate" as it twice appears in
Article XI (3) and (5) of the Constitution means to file the complaint and take initial action on it.

"Initiate" of course is understood by ordinary men to mean, as dictionaries do, to begin, to commence, or set
going. As Webster's Third New International Dictionary of the English Language concisely puts it, it means "to
perform or facilitate the first action," which jibes with Justice Regalado's position, and that of Father Bernas,
who elucidated during the oral arguments of the instant petitions on November 5, 2003. Thus the second
impeachment complaint is Constitutional.