The Impeachment process

Article XI, Section 2: The President, Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

What is Impeachment?
A method of removing certain public officials who have committed violations while in office or who have betrayed the trust given by the public and must now be held accountable. a political process dealing with the misconduct of specific high-ranking public officials that belongs more to the people than to lawyers, more to public wisdom than to legalisms.(Former CJ Panganiban) DOES NOT automatically result in imprisonment or other penalties However, once removed from office a public official may be subject to prosecution Penalties are: Censure Removal and Disqualification from holding public office

Purpose
Part of the system of Checks and Balances exercised by the legislative over the executive, judiciary and independent constitutional commissions

Officials Removable through Impeachment

President

 Vice President Justices of the Supreme Court Members of the Constitutional Commissions COA COMELEC CSC CHR

The Ombudsman

Other officials are NOT removeable by impeachment

Members of Congress may be suspended or expelled with the concurrence of 2/3 of al the members of a House. (Art. VI, Sec. 16 par. 3). Judges of lower courts may be dismissed by SC (Art. VIII, Sec. 11). Cabinet secretaries may be removed by the President any time he or she wishes.

Grounds for Impeachment

Culpable Violation of the Constitution willful and intentional breach of the Constitution Treason giving aid and comfort to enemies of the Philippines Bribery Direct or Indirect

Graft and Corruption Other High Crimes Betrayal of Public Trust

What are the Articles of Impeachment?

 The Articles of Impeachment is the legal document drawn up by the House of Representatives charging an official with specific impeachable offenses.

Procedure (Art. XI, Sec. 3)

Step 1 Filing of Verified Complaint Filed with the House of Representatives If filed by a citizen or any member of the House, must be endorsed by majority vote of the proper Committee and affirmed by at least 1/3 of all the members of the House (Sec.3[2] and [3]). If filed by at least 1/3 of all the Members of the House the complaint will constitute the Articles of Impeachment and trial by the Senate will begin (Sec. 3[4]). Filing of more than one complaint within 1 year is prohibited (Sec. 3 [5]).

Step 2 Trial by the Senate The Senate shall have the sole power to try and decide all cases of impeachment. (Sec. 3 [6]). House of Representatives designates some of its members to constitute the prosecution panel Senate sits as an impeachment court and swears oath since they now act as a court If the President is on trial, the Chief Justice presides but does not vote Defense panel is composed of private lawyers

Step 3 Decision No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate (Sec. 3*6+). Normally, the number of senators is 24 so number of votes needed is 16

But current Senate is composed of only 23 members with another vacancy forthcoming so 15 votes would be sufficient to convict

Examples of Impeached Officials

Pres. Joseph Estrada (November 2000) Ombudsman Merceditas Gutierrez (March 2011) resigned before trial began Chief Justice Renato Corona (December 2011) Impeachment complaints were filed against Former Ombudsman Aniano Desierto (2001) and Former Chief Justice Hilario Davide (2003) but was not endorsed by the House of Representatives And of course, Pres. Gloria Macapagal Arroyo (2005, 2006, 2007, 2008)