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IMPEACHABLE OFFICERS
GROUNDS
PROCEDURE
JUDGEMENT
Public officers and employees must at all times be
Accountable to the people, serve them with utmost
Responsibility, Integrity, Loyalty and Efficiency, act
with Patriotism and Justice, and lead Modest Lives.
Vice President
Ombudsman
Culpable Violation of the Constitution
Treason
Bribery
The House of
Representatives initiates
all cases of Impeachment.
Sec. 3 (1) The House of Representative shall
have the Exclusive power to initiate all cases
of Impeachment.
Any Citizen with an
Endorsement of any
Any Member of the member of the
House of House of
Representatives Representatives
Impeachment
Complaint
After hearing, and
by a majority vote of
all its Members,
A verified complaint shall submit its
must be filed by Referral to the report to the House
either a Member of Proper Committee within sixty
the House of within three session session days from
Representatives or days thereafter such referral,
by any citizen. together with the
corresponding
resolution.
A vote of at least
one-third 1/3 of
The resolution
all the Members
shall be It will constitute as
shall be necessary
calendared for the Articles of
to affirm or
consideration by Impeachment,
override its
the House within and trial by the
contrary
ten session days Senate shall
resolution. The
from receipt forthwith proceed.
vote of each
thereof.
Member shall be
recorded.
FACTS:
On July 22, 2002, the HR adopted a Resolution which directed the
Committee on Justice “to conduct an investigation, in aid of legislation,
on the manner of disbursements and expenditures by the Chief Justice
of the Supreme Court of the Judiciary Development Fund (JDF). Then,
former Pres. Estrada filed an impeachment complaint against Cj
Hilario Davide Jr. and 7 Associate Justices.
The House Committee on Justice ruled on October 13, 2003 that the
first impeachment complaint was “sufficient in form, but voted to
dismiss the same on October 22, 2003 for being insufficient in
substance. On October 23, 2003, a second impeachment complaint was
filed against Cj Hilario G. Davide, Jr., founded on the alleged results of
the legislative inquiry initiated by above-mentioned House Resolution.
This second impeachment complaint was accompanied by a
“Resolution of Endorsement/Impeachment” signed by at least one-
third (1/3) of all the Members of the House of Representatives.
ISSUE/S:
Can the Court make a determination of what
constitutes an impeachable offense?
Yes. Having concluded that the initiation takes place by the act of filing
of the impeachment complaint and referral to the House Committee
on Justice, the initial action taken thereon, the meaning of Section 3
(5) of Article XI becomes clear. Once an impeachment complaint has
been initiated in the foregoing manner, another may not be filed
against the same official within a one year period following Article XI,
Section 3(5) of the Constitution.
FACTS:
On 22 July 2010, Baraquel, et al. filed an impeachment
complaint against Ombudsman Ma. Merceditas N.
Gutierrez based on betrayal of public trust and
culpable violation of the Constitution.
,A Second Complaint was filed by Reyes against the
same respondent also based on the same grounds.
the two complaints were referred by the House Plenary
to the Committee on Justice at the same time and
found that the two complaints were sufficient in form
and substance.
Petitioner filed for certiorari
ISSUE/S:
Whether or Not an impeachment complaint need
to allege only one impeachable offense.
Whether or Not the Petitioner was denied of due
process because of the delay of publication of the
Impeachment Rules
HELD:
An impeachment complaint need not allege only
one impeachable offense. Multiple complaints may
be considered so long as they would all be
simultaneously referred/endorsed to the proper
committee of the HR, and would lead to only ONE
IMPEACHMENT PROCEEDING.
Since the ConCom did not restrict “promulgation” to
“publication”. The Former should be understood to
have been used in its General sense. Its within the
discretion of the Congress to determine how to
promulgate its Impeachment Rules.
The full Senate will act as the
Jurors (Senator-Judges) who
shall be on Oath or Affirmation.
Conviction
or
Acquittal
2/3 or 16 votes are 1/3 or 8 votes can
required to convict prevent conviction on
on any articles of any articles of
impeachment impeachment.
Shall be
Disqualified
Removed liable and
to hold any
from Office subject to
Office
prosecution
Facts:
On December 12, 2011, 188 of the 285 members of the
House of Representatives of the Philippines voted to
transmit the 56-page Articles of Impeachment against the
23rd Chief Justice of the Supreme Court Renato Corona.
There were 8 articles of Impeachment filed.
The Senate convened as an Impeachment court led by
Senator Juan Ponce Enrile as the Presiding Officer.
The Prosecution withdrew Articles 1, 4, 5, 6 and 8 on
February 29, 2012. The Senate continued to deliberate on
Articles 2, 3 and 7.
Serafin Cuevas
• Retired Supreme Court
Associate Justice.
• Lead Defense Counsel.