Section 1, Article XI of the 1987 Constitution declares that "Public
office is a public trust. 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." These words echo loud and clear today as our country's
leaders find themselves at the brink of conducting this constitutional
process.
Impeachment has been defined as a national inquest into the conduct
of public men. It is a necessary safeguard to ensure that public officers
have the moral fitness and integrity to fulfill their mandate. The provisions
on impeachment are enshrined in Article XI of the 1987 Constitution.
WHO MAY BE IMPEACHED
Under the Constitution only the following public officers may be impeached:
The President, Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman. This list of officers
is exclusive. All other public officers and employees may be removed from
office as provided by law, but not by impeachment.
GROUNDS FOR IMPEACHMENT
The grounds for impeachment are: culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal
of public trust. These grounds are exclusive and offenses not falling within
these parameters shall not be sufficient for impeachment purposes.
PROCESS AT THE HOUSE
The process begins at the House of Representatives, which has the exclusive
power to initiate all cases of impeachment. A verified complaint must be
filed by either a Member of the House of Representatives or by any citizen
upon a resolution of endorsement by any Member thereof. Once the verified
complaint has been filed it shall be included in the Order of Business
within ten session days, and referred to the proper Committee within three
session days thereafter. The Committee, after hearing, and by a majority
vote of all its Members, shall submit its report to the House
within sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the
House within ten session days from receipt thereof. In the committee hearings,
a vote of at least one-third of all the Members of the House shall be necessary
either to affirm a favorable resolution with the Articles of Impeachment
of the Committee, or override its contrary resolution. The vote of each
Member shall be recorded.
If however, the verified complaint or resolution of impeachment is filed
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.
TRIAL AT THE SENATE
The Senate has the sole power of sole power to try and decide all cases
of impeachment. When sitting for that purpose, the Senators shall be on
oath
or affirmation. When the President of the Philippines is on trial,
the Chief Justice of the Supreme Court shall preside, but shall
not
vote. No
person shall be convicted without the concurrence of two-thirds
of
all the Members of the Senate.
CONSEQUENCES OF CONVICTION
The person impeached shall be removed from office and shall be
disqualified
to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial,
and punishment according to law. It is clear that the liability does not
end at the Senate, the person impeached shall also be held for appropriate
action as a result of his illegal and improper acts.
In addition, a limitation is set where no impeachment proceedings shall
be initiated against the same official more than once within a period of
one year.