Impeachment Complaints Constitutional Violation

Summary

The impeachment complaints against President Bach raise a constitutional issue regarding the one-year bar rule, which prohibits initiating impeachment proceedings against the same official more than once within a year. The first complaint was filed on July 22, 2010, and the second on August 3, 2010, with both referred to the House Justice Committee on August 10, 2010. This simultaneous referral may lead the Supreme Court to rule in favor of President Bach, as it likely violates the one-year bar rule. Additionally, under the 1987 Philippine Constitution, Congress cannot alter the qualifications of judiciary members, as these are constitutionally defined in Article VIII, Section 7(1).

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ANSWER IN ALAC FORMAT
~Information:
**Issue:**
Violation of the one-year bar rule in impeachment proceedings
**Rule:**
The one-year bar rule states that no impeachment proceedings shall be initiated against the same official more than once within a one-year period.
**Application:**
- First impeachment complaint: Filed on July *, *
- Second impeachment complaint: Filed on August *, *
- Both complaints referred to the House Justice Committee on August *, *
**Conclusion:**
The Supreme Court may likely rule in favor of President Bach, as referring two impeachment complaints within the same year may violate the one-year bar rule.
PARAGRAPH FORM
Based on the information provided regarding the impeachment complaints against President Bach, the issue concerns the violation of the one-year bar rule in impeachment proceedings. The one-year bar rule states that no impeachment proceedings shall be initiated against the same official more than once within a one-year period. The first impeachment complaint was filed on July *, *, and the second on August *, *. Both complaints were referred to the House Justice Committee on August *, *. Considering these dates, the Supreme Court may likely rule in favor of President Bach, as referring two impeachment complaints within the same year may violate the one-year bar rule.
WHAT IS THE DECISION OF THIS SITUATION
Based on the one-year bar rule in impeachment proceedings, the Supreme Court is likely to rule in favor of President Bach. Referring two impeachment complaints within the same year (July *, *, and August *, *) to the House Justice Committee on August *, *, likely violates this rule.
PROVIDE LEGAL BASIS
Legal Basis:
**Issue:**
- Violation of the one-year bar rule in impeachment proceedings.
**Rule:**
- Article XI, Section *, Paragraph * of the * Philippine Constitution states: "No impeachment proceedings shall be initiated against the same official more than once within a period of one year."
**Application:**
- The first impeachment complaint against President Bach was filed on July *, *.
- The second impeachment complaint was filed on August *, *.
- Both complaints were simultaneously referred to the House Justice Committee on August *, *.
**Conclusion:**
- The Supreme Court may likely rule in favor of President Bach, as the simultaneous referral of two impeachment complaints within the same year may violate the one-year bar rule stipulated in the * Philippine Constitution.
(b) May Congress alter the qualifications of the members of the judiciary? (NOTE: To explain your answer, cite the constitutional provision that applies to the question.
Hello! I'd be happy to help you with your question.
Under the * Philippine Constitution:
- **Article VIII, Section *(*)** states the qualifications for members of the judiciary.
- Congress does not have the authority to alter these qualifications as they are constitutionally defined.
Do you need further information or have any other questions?