In one of our earlier columns, we discussed the basic facts about “impeachment”. To recapitulate, Impeachment is a proceeding instituted by the legislative body to address serious misconduct by a public official.[1] As enshrined under. Article XI, Section 2 of the 1987 Constitution of the Philippines: 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.
The power to exclusively initiate all cases of impeachment is lodged in the House of Representatives. 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.
By reason, however, of the impeachment complaint filed against VP Sara Duterte, more queries pertaining the conduct of the impeachment process are being asked. Thus, in this week’s column, we will try to answer some of the frequently asked questions (FAQs) regarding impeachment.
- Who shall serve as prosecutor in the impeachment hearing?
The House of Representatives, having the exclusive power to initiate cases of impeachment, shall also act as the prosecutor. A committee of eleven (11) congressman or members of the House of Representatives shall form part as the prosecution panel.
- Who shall serve as counsel for the impeached official in an impeachment proceeding?
The impeached official has the right to choose his/her own legal team or defense team that shall be responsible for his/her defense during the course of the impeachment hearing.
- May the Senate preventively suspend an impeached official during the pendency of the impeachment proceeding?
The 1987 Constitution of the Philippines did not provide for a preventive suspension during the pendency of an impeachment trial. Therefore, unlike in administrative cases, the impeached official may still exercise the functions and discharge the duties of his/her office.
- What are the instances where the Supreme Court may intervene in an impeachment proceeding?
The Supreme Court may only intervene in an impeachment proceeding if the process is tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, particularly when the constitutional requirements are not complied of, such as the voting requirement and the one (1) year ban rule.
The Highest Court, however, may not overturn, reverse or modify a judgment of acquittal or conviction rendered by the House of Senate, acting as an impeachment court.
- Can the House of Representatives immediately file an impeachment complaint in case of acquittal of the impeached official?
As explicitly stated under Article XI, Section 3 (5), No impeachment proceeding shall be initiated against the same official more than once within a period of one (1) year.
Therefore, in case of acquittal of the impeached official, there is a one (1) year bar before another impeachment complaint may be filed against him/her.
[1] Britannica Dictionary