Ombudsman Gutierrez Impeachment: A Constitutional Issue?

The impeachment of Ombudsman Merceditas Gutierrez stirred a strained issue concerning the Philippine judiciary and legislative departments of the Philippines. Although the Congress has the sole jurisdiction to initiate and hear all impeachment complaints against government officials (Art. XI, section 3.1), the status quo ante order of the Supreme Court hindered the Congress to pursue the impeachment hearing against Gutierrez. Congress now wails that the Supreme Court encroaches upon the jurisdiction of the Congress.

On the account that Gutierrez sought relief from the Supreme Court, the court has the power to give due recognition and to act upon issues or controversies involving rights that are legally demandable and enforceable with the power for judicial review whether there is any grave abuse of discretion amounting to lack or excess of jurisdiction in all branches or instrumentalities of the government (Art. VIII, section I) On the account of the Constitutional provision in Art. XI, sec. 5 that no impeachment proceedings shall be initiated against the same official more than once within a period of one year - and the fact that a previous impeachment complaint has been filed against Gutierrez on March 2009 and was dismissed on September 2009 - a new impeachment complaint was again filed thereafter on July or August 2010 - i think Gutierrez cannot be deprive with a due process of the law to determine whether there really was a Constitutional issue involved that the Supreme Court finds the duty to take cognizant thereof.

The Constitution is the supreme law of the land and it upholds the separation powers of the state & the principle of checks and balance should never be invalidated. I stand by my ground that it seems to be premature to declare there is constitutional crisis in the Philippines - yet. The Congress and Supreme Courts are doing their best to resolve the jurisdictional issue regarding the impeachment in order to prevent any Constitutional crisis to arise.