Primer on Impeachment in the Philippines

IMPEACHMENT - DEFINITION
• A method of national inquest into the conduct of public men.
(Alexander Hamilton, Federalist No. 65, Federalist Papers)
2

• IMPEACHMENT is a method of national inquest to protect the state. It
does not intend to prosecute; it is not intended for its retributory or
restitutory effects. Rather, it is in the nature of an exemplary act by
which the state infuses the highest sense of responsibility to public
service.
(Commissioner Felicitas Aquino, Record of the Constitutional Commission, Vol. II, p. 354
July 28, 1986)
IMPEACHMENT - DEFINITION3

• IMPEACHMENT refers to the power of Congress to remove a public
official for serious crimes or misconduct, as provided in the
Constitution. A mechanism designed to check abuse of power,
Impeachment has its roots in Athens and was adopted in the United
States (US) through the influence of English common law on the
framers of the US constitution.
(Corona v. Senate, G.R. No. 200242, July 17, 2012)
IMPEACHMENT - DEFINITION4

CONSTITUTIONAL BASIS
ARTICLE XI - Accountability of Public Officers
SECTION 1. 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.
SECTION 2. 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. All other
public officers and employees may be removed from office as provided by
law, but not by impeachment.
5

PROCEDURE
FILING OF A VERIFIED COMPLIANT
FOR IMPEACHMENT
- By a MEMBER of the HREP; or
- BY ANY CITIZEN, upon a
RESOLUTION OF ENDORSEMENT by
a Member of the HREP
COMPLAINT TO BE
INCLUDED IN THE
ORDER OF
BUSINESS within
10 SESSION DAYS
COMPLAINT
REFERRED TO THE
PROPER COMMITTEE
(Committee on
Justice) within 3
SESSION DAYS
thereafter
COMMITTEE DETERMINES:
- WHETHER THE COMPLAINT IS
SUFFICIENT IN FORM
- WHETHER THE COMPLAINT IS
SUFFICIENT IN SUBSTANCE
- WHETHER THE COMPLAINT
ALLEGES SUFFICIENT GROUNDS
FOR IMPEACHMENT
- WHETHER PROBABLE CAUSE
EXISTS
COMMITTEE SUBMITS ITS
REPORT AND RESOLUTION TO
THE PLENARY WITHIN 60
SESSION DAYS FROM REFERRAL
COMMITTEE RESOLUTION
CALENDARED FOR
CONSIDERATION WITHIN 10
SESSION DAYS FROM RECEIPT
FILING OF A VERIFIED COMPLIANT
FOR IMPEACHMENT
- By AT LEAST 1/3 OF ALL
MEMBERS OF HREP
TRANSMIT
ARTICLES OF
IMPEACHMENT TO
THE SENATE
HOUSE OF REPRESENTATIVES
EXCLUSIVE power to initiate all
cases of impeachment
Vote to AFFIRMfavorable
resolutionor to OVERRIDE
contraryresolution – 1/3
of ALL members of HREP
(HREP has 292 MEMBERS;
1/3 is 98)
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VOTEREQUIREMENT–
MAJORITY OF THE
MEMBERSPRESENT
Vote to approve report
and resolution –
MAJORITY of ALL members
(Committeeon Justice has
55 MEMBERS)

SENATE
SOLE POWER to try and decide
all cases of impeachment
PROCEDURE
SENATE CONVENES AS
IMPEACHMENT COURT
• Upon receipt of
ARTICLES OF
IMPEACHMENT
• Senators shall be
on oath or
affirmation
SENATE PRESIDENT
SITS AS PRESIDING
OFFICER
• Except when
President of the
Philippines is on
trial, in which case,
CHIEF JUSTICE
presides
JUDGMENT – REMOVAL
AND
DISQUALIFICATION
• Judgment in cases
of impeachment
shall not extend
further than
removal from office
and
disqualification to
hold any office
under the Republic
of the Philippines
VOTE REQUIREMENT
• 2/3 of ALL MEMBERS
OF THE SENATE
7

No impeachment proceedings shall be initiated against the same official more than
once within a period of one year.
(interpreted by the Supreme Court in the cases of Francisco v. House of Representatives and Gutierrez
v. House of Representatives)
ONE-YEAR BAR RULE
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•CULPABLE VIOLATION OF THE CONSTITUTION
Refers to “willful and intentional violation of the
Constitution”
Implies deliberate intent, even a certain degree of
perversity
Not a violation committed unintentionally or involuntarily
or in good faith or through an honest mistake of judgment
(Record of the Constitutional Commission, July 26, 1986, Vol. II, p. 278)
GROUNDS FOR IMPEACHMENT
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• TREASON, BRIBERY, GRAFT AND CORRUPTION
 The Commissioners did not the feel the need to elaborate on the grounds of Treason, Bribery and Graft
and Corruption, as these are all covered by law. (Record of the Constitutional Commission, Volume II, July 26, 1986,
p. 278)
 TREASON - committed by any person who, owing allegiance to the Government of the Philippine
Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or
comfort within the Philippine Islands (Art. 114, RPC)
 BRIBERY
DIRECT BRIBERY - The act of a public officer who shall agree to perform or refrain from performing an act, in
connection with the performance of his official duties, in consideration of any offer, promise, gift or present
received by such officer, personally or through the mediation of another. (Art. 210, RPC)
INDIRECT BRIBERY - If a public officer accepts gifts offered to him by reason of his office. (Art. 211, RPC)
Bribery is qualified if the same is committed by any public officer is entrusted with law enforcement and he
refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise, gift or present, in which case the public officer
shall suffer the penalty for the offense which was not prosecuted. If it is the public officer who asks or
demands such gift or present, he shall suffer the penalty of death. (As amended by section 4, RA no. 7659)
GROUNDS FOR IMPEACHMENT10

 GRAFT AND CORRUPTION
 Acts enumerated in RA 3019 (Anti-Graft and Corrupt Practices Act)
 Defined by development agencies as follows:
WORLD BANK : the abuse of public office for private gain
UN: the misuse of public powers, office and authority for private gain through bribery, extortion,
influence peddling, nepotism fraud, speed, money or embezzlement.
ADB: the behavior of officials in the public and the private sectors, who improperly and unlawfully
enrich themselves and/or those close to them, or induce others to do so, by misusing the position they
occupy.
TRANSPARENCY INTERNATIONAL: defines corruption on the part of public officials, whether they be
politicians or civil servants, in terms of their improperly and unlawfully enriching themselves, or those
close to them, by the misuse of the public power entrusted to them.
: further describes corruption as a perversion of morality as well as
integrity, particularly in public offices and institutions.

•OTHER HIGH CRIMES
High crimes refer to those offenses which, like treason
and bribery, are indictable offenses and are of such
enormous gravity that they strike at the very life or
orderly working of the government.

• BETRAYAL OF PUBLIC TRUST
 Betrayal of Public Trust was placed to relax the grounds for impeachment.
(See discussion Record of the Constitutional Commission, July 26, 1986, Vol. II, p. 279)
 A catch-all phrase to include all acts which are not punishable by statutes as
penal offense, but nonetheless, render the officer unfit to continue in office. It
includes betrayal of public interest, inexcusable negligence of duty,
tyrannical abuse of power, breach of official duty by malfeasance or
misfeasance, cronyism, favoritism, etc. to the prejudice of public interest and
which tend to bring the office into disrepute.

The concept is that this is a catchall phrase. It refers to his oath of office,
in the end that the idea of a public trust is connected with the oath of office
of the officer, and if he violates that oath of office, then he has betrayed
that trust.
(Record of the Constitutional Commission, July 26, 1986, Vol. II p. 272)
Acts which are just short of being criminal but constitute gross
faithlessness against public trust, tyrannical abuse of power, inexcusable
negligence of duty, favoritism and gross exercise of discretionary power.

 Nevertheless, to constitute Betrayal of Public Trust, the act must be of such nature
as to strike at the very heart of government.
 According to Fr. Joaquin Bernas, “betrayal of public trust” was a 1987 addition.
What is noteworthy, however, is that they are mentioned together with the old
grounds of “culpable violation of the constitution, treason, bribery, other high
crimes.” The effect of putting all of these together, following what lawyers call the
rule of ejusdem generis, is that “graft and corruption” and “betrayal of public trust”
are given a meaning vested with the severity of the traditional grounds.
 Not every form of graft and corruption or every form of betrayal of public trust can
be considered a ground for impeachment. These must also be of a nature as to
strike at the very heart of government.
(Bernas, Joaquin. A Living Constitution: The Abbreviated Estrada Presidency, “Impeachment can Work,”
page 241. Ateneo de Manila University, 2003)

QUANTUM OF PROOF
• The Constitution did not provide for the quantum or standard of proof that
should be used in impeachment cases.
• Exchange between Commissioner Davide and Commissioner Romulo on the
subject:
MR. DAVIDE: And, finally, for convicting a person for impeachment, would proof
beyond reasonable doubt be required?
Mr. ROMULO: Again, this is not a criminal proceeding, I would not think so.
(Record of the Constitutional Commission, July 26, 1986, Vol. II, pp. 280-281)
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Former Solicitor General Florin T. Hilbay, “The Nature and Function of
Impeachment: A Practical Theory” published in the IBP Journal, Special
Issue on Impeachment, on March 2012
• Each and every member of the Senate is given by the Constitution full and
final discretionary authority to determine what kind or quantum of
evidence would be needed to satisfy him or her on any decision. To use any
specific standard of proof used in judicial proceedings would make the trial
before the Senate susceptible to an appeal before the Supreme Court
because they end up tying the hands of the Senate to a standard of
discretion which may be open to “grave abuse.”
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Primer on Impeachment in the Philippines

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