Impeachment in the Philippines: What you need to know

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Here are the basic points to understand about the impeachment here in the Philippines.

What is Impeachment?

Impeachment is a constitutional process of removing public servants from offie as an assurance against abusive officials in the country.

The object of impeachmen is solely to determine whether or not the official is still worthy of the trust conferred upon him/her. It is not the determination of criminal guilt or innocence as in a criminal case.

Who are subject to Impeachment?

Aside from the President, the Vice President and the Members of the Supreme Court, public officials who are subject to impeachment include members of the Civil Service Commission (CSC), Commission on Elections (Comelec), Commission on Audit (COA), and the Ombudsman.

What are the Grounds for Impeachment?

The 1987 Philippine Constitution says the grounds for impeachment include culpable violation of the Constitution, bribery, graft and corruption, and betrayal of public trust. These offenses are considered "high crimes and misdemeanors" under the Philippine Constitution.

Who has the power to Impeach?

The Philippine Congress holds the sole power in the impeachment process consisting of the House of Representatives and the Senate.

The House of Representatives initiates all cases of impeachment while the Senate tries and decides on all the cases.

When the President of the Philippines is impeached, the Chief Justice presides over the impeachment trial. In all other cases of the impeachment, the Senate President presides.

Who can file an Impeachment Complaint?

An impeachment complaint can be filed by any member of the House of Representatives. It can also be filed by any citizen with an endorsement of any member of the House of Representatives.

What are the Procedures for Impeachment?

In the Fast Track Procedure, if an impeachment complaint or resolution is filed by at least one-third (1/3) of all members of the House, the Articles of Impeachment shall be sent to Senate for Trial.

In the Normal Procedure, if an impeachment complaint by any members of the House but lower than one-third (1/3), the complaint will undergo the process of voting among the members of the House before it can be sent to the Senate. This process can take up to more than two months.

In the Senate, an Impeachment trial is conducted with the Senators sitting as Senator Judges. After the trial, the Senators are expected to vote according to their conscience. A vote of at least two-thirds of all members of the Senate for ay one article of impeachment is needed for conviction.

In case of conviction, the impeached official will be removed from office. The Senate can additionally impose penalty of disqualificiation from holding any office in the Philippine government. The party convicted shall also be tried criminally thereafter.

Are there Limits to the Impeachment Process?

No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

Any conviction in impeachment is beyond the President's power of executive clemency.

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