The one-year-bar rule in impeachment proceedings is to be reckoned from the time the (1%)
(A) first impeachment complaint is filed
(B) impeachment complaint is referred to the Committee on Justice
(C) House of Representatives vote on the impeachment complaint
(D) House of Representatives endorses the Articles of Impeachment to the Senate
Suggested answer only. Not an official answer and not legal advice.
(B) Impeachment complaint is referred to the Committee on Justice. Under Section 3(5), Article XI of the Constitution and Francisco vs House of Representatives, no impeachment proceedings shall be initiated against the same official more than once
Unlock the full Political Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
From what event is the one-year-bar rule in impeachment proceedings reckoned under Francisco v. House of Representatives?
The one-year bar is reckoned from the referral of the impeachment complaint to the Committee on Justice.
What constitutes the 'initiation' of impeachment proceedings under Article XI, Section 3 of the 1987 Constitution?
Initiation requires filing the complaint coupled with Congress taking initial action through committee referral.
What is the primary constitutional objective of enforcing the one-year-bar rule in impeachment proceedings?
The one-year bar prevents harassment of impeachable officials by prohibiting multiple proceedings within one year.
Which government body has the exclusive power to initiate all cases of impeachment under the 1987 Constitution?
Choices available with full access.
If an impeachment complaint is referred to the Committee on Justice on March 1, when may a second impeachment complaint be initiated against the same official?
Choices available with full access.
Learn more about these topics
1. One-Year Bar Rule
Under Section 3(5), Article XI of the 1987 Philippine Constitution, no impeachment proceedings shall be initiated against the same official more than once within a period of one year. This constitutional prohibition, known as the one-year-bar rule, aims to prevent harassment of impeachable officers and protect the stability of government institutions. The one-year prohibition acts as a temporal limitation that bars the filing, referral, or initiation of any subsequent impeachment complaint against the same respondent official within twelve months from the initiation of the first impeachment proceeding.
2. Initiation Stage Meaning
In the landmark case of Francisco v. House of Representatives, the Supreme Court clarified that the term 'initiate' in impeachment proceedings means to file the complaint coupled with Congress taking initial action thereon. Initial action by the House of Representatives takes place when the impeachment complaint is formally referred by the Speaker to the Committee on Justice under Section 3(2), Article XI. Therefore, an impeachment proceeding is legally initiated not upon mere filing by a party, but upon referral of the complaint to the proper House committee.
3. Purpose of Limitation
The primary purpose of reckoning the one-year bar from committee referral is to balance accountability with protection against abusive legislative proceedings. By tying initiation to formal referral rather than mere filing in the Secretary General's office, the Constitution prevents frivolous complaints from triggering the one-year ban while ensuring that legitimate impeachment processes proceed without disruption. Once a complaint is referred to the Committee on Justice, no second impeachment complaint may be initiated against that same official for one full year.