Sunday, January 22, 2012

Constitutional Law 101: What is Impeachment under Philippine Law

An impeachment is a written accusation by the House of Representatives to the Senate against an Officer.  According to the 1987 Philippine Constitution, the following Officers can be the subject of impeachment:
  • The President of the Philippines
  • The Vice President of the Philippines
  • Members of the Constitutional Commission (such as the Commission on Election, Commission on Audit, Civil Service Commission)
  • Office of the Ombudsman
  • Justices of the Supreme Court
All other public officers may be removed from office as provided by law (such as the Anti Graft and Corrupt Practices Act, Revised Penal Code, Civil Service Commission Rules and Regulations, etc) but not through impeachment.

The written accusation is called the Articles of Impeachment and the grounds for impeachment are:   culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, betrayal of public trust.   The Constitution is clear that the House of Representatives shall have the exclusive power to initiate all cases of impeachment, and that the Senate shall have the sole power to try and decide all cases of impeachment.

The constitutional process of impeachment can start through the following:

a)  Complicated process;
b) Simple process;

The Complicated Process starts with a verified complaint initiated by:  a) only one Member of the House of Representatives; or  b) A citizen of the Philippines through a resolution of endorsement by any member of the House of Representatives.    This process is tedious because such verified complaint  will have to be included in the Order of Business in the House within ten session days from receipt, and thereafter referred to the Committee on Justice of the House of Representatives within three session days.  There will be a hearing within the Committee on Justice and upon a vote of a majority of the members of the Committee on Justice,  such Committee must endorse a report (favorable or unfavorable) together with a Resolution to the House of Representatives within 60 session days from referral.     Such Resolution shall be calendared for reconsideration before the House of Representatives within 10 session days from receipt of the Resolution and report.  A vote of at least 1/3 of all the Members of the House of Representatives will be necessary to affirm the Articles of Impeachment, or override the resolution for unfavorable Resolution of the Committee on Justice, as the case may be.

The Simple Process, on the other hand, only requires a verified complaint or resolution filed by at least  1/3 of all the Members of the House of Representatives in order to constitute the Articles of Impeachment.

Once the Articles of  Impeachment has been affirmed, trial will proceed before the Senate.  Under the Constitution, the Senate shall take the oath for such purpose.    Conviction by impeachment shall require at least 2/3 vote of all the Members of the Senate.  

Judgment shall constitute no more than removal from office and disqualification to hold any public office in the Republic of the Philippines.  


References:

Bag-ao (2012), "Simplifying the Senate Rules on Impeachment Trials"  

TheLaw.com (The Law Network,  LLC).  

The Philippine Constitution (1987), Section 3 Article XI.





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