The Impeachment Process



First of all, what is impeachment? In my own term, it is a process of removing a high government official using high standards to ensure full accountability in governance.

Here in the Philippines, some high officials of the Government under the Constitution, the highest law of the land are subjected to the process of impeachment: The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions (CSC, COA, COMELEC) and the Ombudsman.

How is the process being done: Article 11 of the Constitution provides the following:

1.) The House of Representatives is the initiator of all cases of impeachment. At this point let me tackle how to do this:

First, a verified complaint for impeachment could be filed by a Member of the House of Representatives or by any citizen upon endorsement of such Member;

Second, the Speaker of the House will include the complaint in the Order of Business of the House within ten session days and shall be referred to proper Committee, the Committee on Justice within three session days;

Third, in the House Committee on Justice, after hearings and by a majority vote of all its Members, shall submit its report on the verified complaint for impeachment before the full House within sixty session days for discussion and voting, together with corresponding resolution as to whether to impeachment any abovementioned impeachable officer or to dismiss the complaint. It must be calendared for ten session days.

Fourth, if at least one third of all the Members of the House of Representatives voted to affirm a favorable resolution with the Articles of Impeachment prepared by the Justice Committee, the abovementioned impeachable officer would be impeached and the case will go to the Senate for trial. If one third of all the Members of the House voted to overrride the complaint, it will be dismissed. Each vote of the Member shall be recorded.

Fifth, and this is the speedy part, if one third of all the Members of the House signed the complaint, it will constitute the Articles of Impeachment and be sent to the Senate for immediate trial.

The Senate, on the other hand will try and decide the case for impeachment. Here, the Senators will take an oath, because they will sit as a trial court judges. Thus, the Senate will becomes a judicial body. If the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside but not to vote.

No impeachable officer shall be convicted without the concurrence of the two thirds of all the Members of the Senate. And the penalty if convicted is permament disqualification from holding any elective or appointive positions in Government. The person convicted may be subjected to criminal proceedings under the law.

And each House shall do its rules on impeachment to implement the impeachment clauses of the Constitution.

Is impeachment process a political one? Yes and the investigative and judicial trial procedures set forth in the Rules of Court is not being strictly applied before the House and the Senate and it is a "Sui Generis" the Latin of "A Class of Its Own." In case of the Senate, the Senators are expected to be impartial judges regardless of political affiliation.

Thank you.

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