Once the decision becomes final, the committee can proceed with the impeachment complaints against Gutierrez for alleged culpable violation of the Constitution and betrayal of public trust for her reported failure to act on graft and corruption and violations of human rights during the Arroyo administration.

Under the rules, Gutierrez has 15 days within which to file a motion for reconsideration. If the SC ruling is not reversed, the House Committee on Justice can proceed with the impeachment without legal impediment.

A copy of the decision is not immediately available. Court Administrator and SC Spokesperson Jose Midas P. Marquez briefed members of the media on the ruling.

In a press statement emailed to justice reporters, Assistant Ombudsman Jose de Jesus said that the Office of the Ombudsman has not received a copy of the SC decision.

“Pending such receipt, the Ombudsman is still studying her options, including the filing of a motion for reconsideration,” he said.

Seven justices, led by Justice Conchita Carpio Morales who wrote the decision, voted to deny Gutierrez’s petition. Five justices voted to grant the petition, two justices voted to partially grant the petition, while one justice inhibited himself.

Aside from Justice Morales, those who voted to deny the petition were Justices Antonio T. Carpio, Antonio Eduardo B. Nachura, Martin S. Villarama Jr., Roberto A. Abad, Jose Catral Mendoza, and Ma. Lourdes P.A. Sereno.

Those who voted to grant the petition were Chief Justice Renato C. Corona and Justices Teresita Leonardo de Castro, Arturo D. Brion, Diosdado M. Peralta, and Lucas P. Bersamin.

Justices Mariano C. Del Castillo and Jose Portugal Perez voted to partially grant the petition, while Justice Presbitero J. Velasco Jr. inhibited himself.

In her petition filed Sept. 13, 2010, Gutierrez claimed that the House committee on justice violated the 1987 Constitution when it accepted two impeachment complaints against her filed by former Akbayan Rept. Risa Hontiveros Baraquel and the Bagong Alyansang Makabayan (Bayan).

She said the first impeachment complaint was filed with the Secretary General of the House of Representatives on July 22, 2010 while the second complaint was filed on Aug. 3, 2010, or just 12 days after the filing of the first complaint.

According to Gutierrez, Section 3(5), Article XI of the Constitution provides that “no impeachment proceedings shall be initiated against the same official more than once within a period of one year.”

In a press briefing, Court Administrator Marquez said that the majority decision found that while there were two complaints, these were referred to the House committee on justice at the same time and only one proceeding was undertaken to determine the form and substance.

Thus, he said, the majority ruling stated there was no violation of the constitutional provision on the filing of two or more impeachment complaints within a year.

“In this case there is only one proceeding, although there are two complaints,” he added.

Rey Panaligan, Manila Bulletin