12 49. Resolution No. 0004-2003-TC was the result of an unconstitutionality suit filed by engineer Gustavo Pinto Albornoz with the backing of more than 1,000 citizens in order to challenge the constitutionality of Law No. 2002-88, in relation with Article 113 of the Labor Code on both substantive and procedural grounds. In relation to the form, the motion indicated that the National Congress erroneously characterized the law as one of interpretation and not as an amendment, and therefore sent it to the Official Registry for publication without having previously sent it to the President of the Republic for his approval or objection, as provided for in the Constitution. As for the merits, the unconstitutionality suit indicated that the modification of the legal reference for calculating the 14th remuneration or educational bond established by that law – which ceased being the general vital minimum salary (SMVG: salario mínimo vital general) and became the minimum basic remuneration – was three times the value of this supplemental wage, even for public sector workers, which implied a violation of the constitutional provision that only the President of the Republic shall be able to introduce legislation to increase public spending. The Constitutional Court ruled favorably on the positions put forth, and declared the unconstitutionality of Law No. 2002-88 on procedural grounds. 18 50. On May 31, 2004, legislator Segundo Serrano Serrano filed a motion of censure against Constitutional Court members Oswaldo Cevallos Bueno, Jaime Nogales Izurieta, Miguel Camba Campos, Luis Rojas Bajaña, Simón Zabala Guzmán, and Manuel Jaramillo Córdova, given that in Resolution No. 025-2003-TC “[they repudiated] a way of calculating proportional representation, which allows for plural and democratic representation, with the participation of the majorities and minorities. 19 On July 7, 2004, legislator Antonio Posso Salgado filed a motion to censure Constitutional Court members Miguel Camba Campos, Manuel Jaramillo Córdova, Luis Rojas Bajaña, Jaime Nogales Izurieta, and Simón Zavala Guzmán, on the same grounds. 20 51. Resolution No. 025-2003-TC resolved the unconstitutionality suit based on Articles 105 and 106 of the Electoral Law, brought by economist Xavier Neira Menéndez, with the clearance report (informe de procedencia) by the Human Rights Ombudsperson (Defensor del Pueblo), which indicates that the D’Hondt system for distributing legislative seats thwarted the intent of the electorate in those countries that have open-list electoral systems. The Constitutional Court ruled favorably on the arguments put forth and found Articles 105 and 106 of the Electoral Law to be unconstitutional. 21 52. Based on the call that went out on November 25, in the December 1 session, the first point of the Order of the Day was the debate on the censure motions filed in the four impeachment proceedings against the members of the Constitutional Court who were removed. As the first point on the Order of Business of the regular session for Wednesday, December 1, 2004. The censure motions that were raised in the impeachment proceedings against the following were debated: Oswaldo Cevallos, Luis Rojas, Jaime Nogales, Miguel Camba, Manuel Jaramillo, René de la Torre, and Simón Zavala, in their capacity as judges of the Constitutional Court, proposed by legislators Luis Villacís Maldonado, Antonio Posso Salgado, Marco Proaño Maya, and Segundo Serrano Serrano. In addressing this issue, it was decided to vote in chronological order; once this provision was executed, the following facts ensued. In chronological order, the first censure motion presented corresponds to legislator Segundo Serrano, who presented it on June 11, 2003. It was decided to vote on it, and the results 18 Annex 11. Resolution No. 004-2003-TC (annex to the petitioners’ brief of March 10, 2008). 19 Annex 12. Motion of Censure introduced by legislator Segundo Serrano Serrano, Official Note No. 106-SISS-KB-HCN-JP, of May 31, 2004 (annex to the petitioners’ initial petition). 20 Annex 13. Motion of Censure presented by legislator Antonio Posso Salgado, Official Note No. 535-APS-DPI-HCN, of July 7, 2004 (annex to the petitioners’ initial petition). 21 Annex 13. Resolution No. 025-2003-TC (annex to petitioners’ brief of March 10, 2008).