IMPEACHMENT

A P O L IT ICAL AN D HI STORI CA L GU I DE

THE PHILIPPINE G OV E RNM E NT a representative government, the o cers being mere agents and not rulers of the people ... where every o cer accepts o ce pursuant to the provisions of law and holds the o ce as a trust for the people whom he represents
- Justice George Malcolm, in Cornejo v. Gabriel, 41 Phil. 188, 194 (1920)

The 1987 Constitution of the Philippines contains these provisions:

ARTI CLE I I SOVEREI GNTY R ESID ES IN T H E P EOP L E The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.
Art. II Sec. 1, 1987 Constitution of the Philippines

A RT ICLE XI PUB LIC OFFI CE I S A P UBLI C TRUST Accountability of public o cers. Public o ce is a public trust. Public o cers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and e ciency; act with patriotism and justice, and lead modest lives.
Art. XI Sec. 1, 1987 Constitution of the Philippines

W H AT ABOU T O U R E LECTORAL PROCESS? What if an executive, after ascending to o ce, would somehow be corrupted or become incompetent that a speedy and immediate remedy was necessary?
HISTORICA L P E RSP ECT IVE

Since 1935, Philippine Constitutions have adopted the American system of holding public o cials accountable for their actions through impeachment. Benjamin Franklin felt that impeachment was for the benet of the executive because the alternative to impeachment on the obnoxious chief magistrate was recourse to assassination.

The Americans believed that punishments involving the possible forfeiture of life, liberty, or property were best left to the determination of courts of law.

As a result, the penalties for political o enses resulting in conviction in cases of impeachment should be restricted to only two: removal from o ce and/or permanent disqualication from holding further o ce.

W H AT I S I M PEAC H MEN T ?

TRUST
It is a constitutional process of removing public servants from o ce as an assurance against abusive o cials in the country. It serves as protection for the state and not to accomplish criminal punishment. The object of impeachment is solely to determine whether or not the o cial is still worthy of the trust conferred upon him/her. It is NOT the determination of criminal guilt or innocence as in a criminal case.

W H O A R E S UB JEC T TO IMPEAC HME NT?

Members of the

President of the Philippines

Commission on Civil Service

Commission on Elections

Commission on Audit

The Ombudsman

Vice President of the Philippines

Members of the Supreme Court

W H AT A R E T H E G RO UN DS FOR IMP E ACHME NT?

TREASON Any person who, owing allegiance to the Government of the Philippines, not being a foreigner, levies war against it or adheres to its enemies by giving them aid or comfort within the Philippines or elsewhere. (Article 114, Revised Penal Code)
Instituted in the 1935 Constitution (Record of the Constitutional Convention of 1934, pp. 854 855)

BRIBERY Any public o cer who shall agree to perform an act constituting a crime, in connection with the performance of his o cial duties, in consideration of any o er, promise, gift or present received by such o cer, personally or through the mediation of another. (Article 210-211, Revised Penal Code)
Instituted in the 1935 Constitution (Record of the Constitutional Convention of 1934, pp. 854 855)

OTHER HIG H CRIMES O enses which, like treason and bribery, are indictable o enses and are of such enormous gravity that they strike at the very life or orderly working of government (Bernas, J. The 1987 Constitution of the Republic of the Philippines: A Commentary. 2003 ed, p. 1112)
Instituted in the 1935 Constitution (Record of the Constitutional Convention of 1934, pp. 854 855)

G RAFT AND CORRUPTI O N A public o cial found to have acquired, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary. (RA 3019)
Instituted in the 1973 Constitution (Bernas, J. The 1987 Constitution of the Republic of the Philippines: A Commentary, 2003 ed. p. 1113)

BETRAYAL OF PUBLIC TRUST Betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power, breach of o cial duty by malfeasance or misfeasance, cronyism favoritism, etc. to the prejudice of public interest and which tend to bring the o ce into disrespute. (Record of the Constitutional Commission of 1986, p. 272)
Instituted in the 1987 Constitution

W H O WI E L DS T H E POWER TO IMP E ACH?

The Philippine Congress holds the sole power in the impeachment process. 2 HO U S ES

HOUSE OF REPRESENTATIVES The House of Representatives initiates all cases of impeachment

S ENAT E Senate tries and decides on all the cases.

When the President of the Philippines is impeached, the Chief Justice presides over the impeachment trial; in all other cases of impeachment, the Senate President presides.

W H O C AN F ILE A N IMPEAC H MENT COMP LAINT?

Any member of the House of Representatives Any citizen with an endorsement of any member of the House of Representatives.

W H AT A R E T H E PROC ED URES FOR IMP E ACHME NT?

I . FAST-T RAC K PROCED URE If an impeachment complaint or resolution is led by at least one-third (1/3) of all members of the House, the Articles of Impeachment shall be sent to Senate for Trial - Article 2, Section 3, Paragraph 4

Complaint

1/3
I I . LO N GE R PR O CED URE Each Congress (the present Congress is the 15th of the Republic) adopts its rules for impeachment for each chamber. The House of Representatives adopts its rules, while the Senate adopts its rules for impeachment trials. The House of Representatives adopted its rules for the longer procedure on August 3, 2010. The Senate adopted its impeachment trial rules on March 23, 2011. The longer procedure of impeachment as set by the 1987 Constitution is as follows:

Initiate impeachment through a veried complaint led by any member of House or a citizen

10

Include in Order of Business within 10 session days

Referred to the proper committee within 3 session days

OR Majority NO Majority YES

Committee votes

Committee conducts hearing

60
House elects its prosecutors

Refer to the plenary within 60 days

Plenary votes AT L EAST 1 /3 OR L ESS T H AN 1 /3

Resolution and Articles of Impeachment referred to Senate M aj or i ty YES OR M aj or i ty NO TRIAL STAGE

Senate as plenary body drafts its rules on impeachment

Senate will vote on adoption of rules

Senate issues summons to respondent

Senate will vote on adoption of rules

Respondent appears and les answers

Senate receives testimonial and documentary evidence

Senators interpose questions

Removal from o ce and/or permanent disqualication

OR GU ILTY

NOT GU I LTY

Submission for voting

H OW M AN Y VOT ES A RE N EED ED TO AFFIRM OR OVE RRIDE T H E A RTI C L ES O F IMPEAC H MEN T OF THE COMMITTE E ?
PARAGRAPH (3 ) A vote of at least one-third of all the Members of the House shall be necessary either to a rm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.
CONSTITUTION Art. XI Sec. 3 Par. 3, 1987 Constitution of the Philippines

PARAGRAPH (4 ) In case the veried complaint or resolution of impeachment is led by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.
Art. XI Sec. 3 Par. 4, 1987 Constitution of the Philippines

1
HOUSE OF REPRESENTATIVES
IMPEACHMENT COMPLAINT

2
IMPEACHMENT COMPLAINT

The one-third vote can be achieved in two ways:

One-third of the House can sign an impeachment complaint, which, upon submission, is automatically sent to the Senate without need for deliberation or debate.

A complaint can be submitted to the Committee on Justice as with any bill, and debated and voted upon in committee, and if approved, submitted for plenary debate and consideration. The entire House can then vote to approve or disapprove the impeachment complaint. If one-third of the House votes in favor, it is then sent to the Senate as the Articles of Impeachment.

CAN TH E P ROC ESS BE FAST-T RACKE D?

Yes. The Constitution provides that if at least one-third of all members of the House les a complaint or resolution of impeachment, the trial by the Senate will commence.

CONSTITUTION

H OW I S A N IMPEAC H MEN T T RIA L CONDUCTE D?

They are conducted according to rules adopted by each Senate. In the absence of specic rules enumerated in the Senate Rules, the Rules of Court will be followed in the order of the presentation of evidence.

H OW I S CO N VIC T ION O R ACQUITTAL DE TE RMINE D? The standard of proof required is not beyond reasonable doubt,

because an impeachment is not a criminal trial.

Senators are expected to vote according to their conscience.

The Impeachment Court is not a Court of Law. It is a POLITICAL process, NOT criminal.
The Rules of Court are adopted for procedural purposes, and are therefore supplementary in nature to the Senate Rules on Impeachment.

H OW M AN Y VOT ES A RE N EED ED TO CONVICT AN OFFICIAL DUR I N G A N IMPEAC H MEN T T RIAL?

A vote of at least two-thirds of all members of the Senate for any one article of impeachment is needed for conviction.

Negative votes can prevent conviction on any article

16

Votes are required to convict on any article

WH AT I S THE RES ULT O F A CO N V ICTION?

PA RAGRAPH (7)
Art. XI Sec. 3 Par. 7, 1987 Constitution of the Philippines

Judgment in cases of impeachment shall not extend further than:

CONSTITUTION

Removal from o ce

The Senate can additionally impose the penalty of disqualication from holding any o ce in the Philippine government.

The party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law. Criminal liability must be established by a criminal trial. If impeachment were a criminal trial, further criminal liability could not be established because of the principle of double jeopardy.

AR E TH E R E LIMITS TO T H E IMPE ACHME NT P ROCE SS?

PA RAGRAPH (5)
Art. XI Sec. 3 Par. 5, 1987 Constitution of the Philippines

No impeachment proceedings shall be initiated against the same o cial more than once within a period of one year.
CONSTITUTION

Any conviction in impeachment is beyond the Presidents power of executive clemency.

AR E I M P E ACH MEN TS S UBJEC T TO J UDICIAL RE VIE W ?

CONSTITUTION

SUPR E ME COU RT

The Supreme Court has the power to review cases of impeachment, to see if they conform to the procedures and requirements enumerated in the Constitution. What the Supreme Court does not have the power to do, it said, is to comment on the actual charges. The charges themselves, since an impeachment is a political trial, are beyond judicial review.
- In Francisco v. House of Representatives

IM P E AC H M EN T: T H EORET IC A L A ND P OLITICAL SCIE NCE THOUGHT

Impeachment: a method of National Inquest into the conduct of public men

The design of impeachment is to remove the impeachable o cer from o ce, not punish him. An impeachment act need not be criminal.

ALEXANDER HAMILTON
One of the Founding Fathers of the USA, Economist and Political Philosopher.

Abuse or violation of public trust is POLITICAL, as they relate chiey to injuries done immediately to the society itself. The Senate is the t depository of this trust; they deal with political nature. The Supreme Court deals with the administration of justice.

Public opinion is expected to play a part in the impeachment process.

H I STO R I C AL DATA
1935
Impeachment was to be conducted by a committee of the unicameral legislature - the National Assembly

1940
Amendments to the Constitution, impeachment should be initiated in the House of Representatives and tried at the Senate

1973
An additional o ense was added: graft and corruption, government was back to a unicameral procedure (the Batasan Pambansa)

1987
Reinstated the bicameral House, from previous constitutions of 3/4 votes moved to 1/3; added betrayal of Public trust to the o enses

Since 1935, only three o cials have been impeached: President Joseph Ejercito Estrada, Ombudsman Merceditas Gutierrez, and Chief Justice Renato C. Corona.
CHARGES Wasting and misappropriation of public funds.
PRES. ELPIDIO QUIRINO

FILED BY

R E S U LT

Abuse of power, violation of laws, and immoral extravagance. Intervention prejudicial to the public interest in the transaction wherein his brother Antonio was in connivance with a Soviet citizen. Aiding and abetting graft and corruption. Gross o cial misconduct and acts, which deprived the government of substantial revenue. CHARGES Allegedly illegally importing rice for the Armed Forces and violating the Anti-Graft and Corrupt Practices Act. FILED BY R E S U LT

Juan Rodriguez on April 28, 1949

Dismissed on April 29, 1949 due to lack of factual and legal basis

PRES. DIOSDADO MACAPAGAL

Rep. Arturo M. Tolentino on, April 12, 1964

Dismissed on June 24, 1964, in committee

CHARGES Graft, economic plunder, unexplained wealth, cronyism, and other crimes

FILED BY

R E S U LT

58 opposition lawmakers on August 13, 1985

PRES. FERDINAND MARCOS

Resolution rejected by the Batasan Pambansa seven hours later for being insu cient in form and substance.

CHARGES Graft and corruption, betrayal of public trust, culpable violations of the Constitution
PRES. JOSEPH ESTRADA

FILED BY

R E S U LT

Oppostion Bloc led by House Minority Leader Feliciano Belmonte Jr. on October 19, 2000

Impeached on November 13, 2000. Transmitted to the Senate on November 14, 2000. Trial commenced on December 7, 2000. Impeachment trial ended after prosecutors walked out on January 16, 2001 R E S U LT

CHARGES Bribery, culpable violations of the Constitution, betrayal of public trust

OMBUDSMAN ANIANO DESIERTO

FILED BY

Ernesto Francisco on November 6, 2001

Dismissed on December 18, 2001

CHARGES Graft and corruption

FILED BY

R E S U LT

CHIEF JUSTICE HILARIO DAVIDE

Rep. Felix Fuentebella, Joseph Ejercito Estrada, on October 23, 2003

Dismissed on November 19, 2003 when House Plenary voted not to transmit the Articles of Impeachment to the Senate R E S U LT

CHARGES Culpable violations of the Constitution, bribery and graft and corruption, and betrayal of public trust
PRES. GLORIA ARROYO

FILED BY

Oliver Lozano, Jose Lopez on 2005

Dismissed on August 31, 2005 for complaint being insu cient in substance

Cheating her way to the presidency, corruption, political killings, and violation of the Constitution

June 26, 2006 Bienvenido Lumbera Imelda Nicolas Randy David Corazon Soliman Bro. Eddie Villanueva and around 200 citizen complainants Endorsed by Reps. Francis Escudero and Ronaldo Zamora June 27, 2006 Teosto Guingona, Jr. Endorsed by Rep. Teosto Guingona III June 28, 2006 Bishop Deogracias Iiguez Endorsed by Rep. Etta Rosales June 29, 2006 Atty. Abigail Binay Endorsed by Rep. Ruy Elias Lopez July 24, 2006 Relatives of human rights victims (14 signatories) Union of the Masses for Democracy and Justice (35) Various private and people's organizations (17) Gabriela (about 100) Representatives of religious groups (13) Public school teachers and farmers (48) And retired generals and colonels (13) Endorsed by Rep. Darlene Antonino-Custodio November 12, 2007 Bayan Karapatan VP Guingona et al. Endorsed by Rep. Teodoro Casio

Dismissed on August 26, 2006

Betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes

Roberto Rafael Pulido on October 5, 2007 Jose "Joey" de Venecia III, Rolex Suplico, Harry Roque Endorsed by Bayan Muna Reps. Satur Ocampo, Teddy Casino, and Gabriela Rep. Liza Maza in October 18, 2008 FILED BY

Dismissed on November 14, 2007 Dismissed on November 26, 2008

CHARGES Betrayal of public trust and culpable violation of the Constitution.

R E S U LT

OMBUDSMAN MERCEDITAS GUTIERREZ

Thirty-one civil society leaders led by former Senate President Jovito Salonga in 2009; Akbayan and Bagong Alyansang Makabayan in 2010 FILED BY

Impeached on March 22, 2011

CHARGES Betrayal of public trust, graft and corruption, and culpable violation of the Constitution.

R E S U LT

CHIEF JUSTICE RENATO CORONA

Ana Theresia Hontiveros-Baraquel, Rodolfo Lozada Jr., Juan Carlo Tejano, and Lea Lopez Navarro on December 12, 2011

Impeached on December 12, 2011. Articles of Impeachment transmitted to the Senate on December 13, 2011. Trial commenced on January 16, 2012

SOURCES:
http://law2.umkc.edu/faculty/projects/ftrials/impeach/constitution.html http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_2.htm http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_6.htm http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_8.htm Alexander Hamilton, Federalist No. 66 From Woodrow Wilson's book, Congressional government: a study in American politics http://www.ihr.org/jhr/v07/v07p175_Black.html Oxford Dictionary of Politics, denition of impeachment Wests Encyclopedia of American Law United States Senate:Impeachment trials Debate in the 1934 Constitutional Convention Cambridge History of Law in America pp. 544-545 Article on impeachment in unamended 1935 Constitution Article on impeachment in amended 1935 Constitution Article on impeachment in the 1943 Constitution Article on impeachment in the 1973 Constitution Bernas, J.The 1987 Constitution of the Republic Philippines: A Commentary p. 1113 Excerpt from the Record of the 1986 Constitutional Commission Excerpt from the Record of the 1986 Constitutional Commission Excerpt from the Record of the 1986 Constitutional Commission