Last week’s column we discussed that the Philippine President, during his six year incumbency, is immune from suit and may not be sued criminally, civilly or administratively during his/her tenure. In this week’s column, the subject of our discussion will be centered on a proceeding where even the President of the Philippines may be subjected to if the latter committed culpable violation of our Constitution. This proceeding is called impeachment.
In the last twenty five (25) years, Philippine politics and history had been shaped by this so-called impeachment for several occasions. People Power 2, which forced Pres. Erap to resign, arose after the panel prosecutors walked out during his impeachment trial. Then Pres. GMA was subjected to impeachment complaints annually from 2005 to 2008. Both former President Duterte and Vice President Leni had impeachment complaints filed against them, respectively. Lastly, perhaps the most known impeachment proceeding, and the only one that resulted to removal, that of former Supreme Court Chief Justice Renato Corona.
In this column, we will discuss as to what impeachment is, the impeachable officers, the impeachable offenses and its process.
What is impeachment? Impeachment, in common law, is a proceeding instituted by the legislative body to address serious misconduct by a public official.[1] In the Philippines, impeachment is a constitutional process that takes place within the political department of our government. The House of Representatives accuses and the Senate, sitting as an Impeachment Court, decides.[2]
Who are the impeachable officials? And what are the impeachable offenses? The answer lies in Article XI, Section 2 of the 1987 Constitution of the Philippines. As enshrined therein: The President, the 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.
Culpable violation of the Constitution is defined as willful violation of the Constitution and excludes acts committed unintentionally or through an honest mistake of judgment. Treason according to Article 114, Section 1 of the Revised Penal Code, is defined as any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere. Bribery, according to Article 210 and 211 of the Revised Penal Code is classified into the following: (1)Direct bribery is committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another; (2) Indirect bribery is committed by a public officer when he accept gifts offered to him by reason of his office.
Graft and corruption generally refer to acts of public officials involving the use of their position or authority directly or indirectly for personal gain, often through dishonest or illegal means. The term “other high crimes” is often left to the interpretation of the lawmakers involved in the impeachment process. Both the House of Representatives and the Senate have discretion in determining whether an official’s actions meet the threshold for impeachment based on the gravity and impact of the offenses. While betrayal of public trust, as the Court held in Gonzales III v. Office of the President of the Philippines[3], is “less than criminal but must be attended by bad faith and of such gravity and seriousness as the other grounds for impeachment”.
The House of Representatives has the exclusive power to initiate all cases of impeachment. Impeachment complaints may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof. If the House of Representatives, through its Committee on Justice, finds the complaint sufficient in form and substance, it proceeds with the hearings. If the House, by a one-third vote of all its members, approves the articles of impeachment, the case is then sent to the Senate, which conducts the impeachment trial. In cases where the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside but shall not vote. A concurrence of two-thirds of all Members of the Senate is required to convict an official.
The punishment of impeachment is limited to removal from office and being banned from holding any future office in the Philippines. However, the convicted official can still be liable and subject to prosecution, trial, and punishment, according to law. An impeachable official cannot face impeachment proceedings more than once within a period of one year.
[1] Britannica Dictionary
[2] A.M. No. 20-07-10-SC