Power of Impeachment | Powers of Congress | LEGISLATIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

Legislative Department – Powers of Congress: Power of Impeachment

The power of impeachment is a unique mechanism in the Constitution of the Philippines designed to remove from office certain high-ranking officials for serious offenses. It is vested in Congress, comprising both the House of Representatives and the Senate, with specific roles assigned to each chamber in the process. This power reflects the principle of checks and balances, ensuring accountability of high-ranking public officials.

Constitutional Basis

The power of impeachment is explicitly provided in Article XI, Section 2 of the 1987 Philippine Constitution, which outlines the grounds and procedure for impeachment. The same article and subsequent sections provide the specific roles of the House of Representatives and the Senate in the process.

Who Can Be Impeached?

The Constitution provides that the following officials may be removed from office through impeachment:

1. The President
2. The Vice President
3. The Members of the Supreme Court
4. The Members of the Constitutional Commissions (Commission on Elections, Civil Service Commission, and Commission on Audit)
5. The Ombudsman

These are the highest officials in the government, reflecting the gravity of impeachment as a political and legal remedy.

Grounds for Impeachment

Impeachment can only proceed based on any of the following serious offenses:

1. Culpable Violation of the Constitution – A deliberate and willful breach of the Constitution.
2. Treason – Betrayal of the country, typically by aiding its enemies during wartime.
3. Bribery – Offering, giving, receiving, or soliciting anything of value to influence the actions of an official.
4. Graft and Corruption – Illegal or unethical actions that enrich oneself or others to the detriment of public interest.
5. Other High Crimes – Serious offenses which demonstrate an abuse of power or breach of the public trust.
6. Betrayal of Public Trust – Acts that are considered reprehensible by the standard of public accountability, often involving ethical misconduct or gross negligence.

The Impeachment Process:

The impeachment process consists of two main phases: impeachment proper in the House of Representatives and the trial in the Senate.

1. Impeachment in the House of Representatives:

   • Initiation of the Complaint:

     • An impeachment complaint may be initiated either by one-third (1/3) of all the members of the House of Representatives through a verified complaint or resolution of endorsement.
     • Alternatively, any Filipino citizen can file a verified complaint, but it must be endorsed by any member of the House of Representatives.
     • Once initiated, no other impeachment proceedings can be filed against the same official within a period of one year (Article XI, Section 3[5]).

   • Referral to the House Committee on Justice:

     • The impeachment complaint is referred to the House Committee on Justice, which will determine whether the complaint is sufficient in form and substance.
     • The Committee may conduct hearings and will submit a report to the House plenary, recommending whether the complaint should proceed.

   • Plenary Deliberation and Voting:

     • The House of Representatives, in plenary session, will deliberate on the articles of impeachment.
     • If at least one-third (1/3) of all the members of the House approve the articles of impeachment, the complaint is deemed valid, and the official is considered impeached.
     • This means the official will now face trial before the Senate.

2. Trial in the Senate:

   • The Senate acts as the impeachment court with the Senators serving as the judges.

   • When the President of the Philippines is on trial, the Chief Justice of the Supreme Court presides over the impeachment trial. For all other impeachable officials, the Senate President presides over the trial.

   • Prosecutors from the House of Representatives will present the case before the Senate.

   • The impeached official is afforded the right to counsel and due process.

   • Verdict:

     • After hearing the evidence and arguments, the Senate will deliberate and render its judgment.
     • A conviction requires a two-thirds (2/3) vote of all members of the Senate.
     • If convicted, the impeached official is removed from office. The Senate can also disqualify the official from holding any future office of public trust, but it cannot impose any other punishment (e.g., imprisonment). If criminal liability is involved, that must be dealt with by the regular courts.

Key Constitutional Provisions:

1. Article XI, Section 3(2): The House of Representatives has the exclusive power to initiate impeachment cases.
2. Article XI, Section 3(6): The Senate has the sole power to try and decide all impeachment cases.
3. Article XI, Section 3(7): The penalty in cases of impeachment shall not extend further than removal from office and disqualification to hold any office of public trust. However, the impeached party remains liable to prosecution and punishment in accordance with law after removal.

Notable Impeachment Cases in the Philippines:

1. Joseph Ejercito Estrada (2000):

   • President Estrada was impeached on charges of bribery, graft and corruption, betrayal of public trust, and culpable violation of the Constitution. However, the impeachment trial was disrupted, and mass protests (popularly known as EDSA II) eventually led to his ouster.
   • Estrada was later convicted by the Sandiganbayan of plunder but was pardoned by President Gloria Macapagal-Arroyo.

2. Renato C. Corona (2012):

   • Chief Justice Corona was impeached by the House of Representatives in December 2011, largely based on charges of betrayal of public trust and culpable violation of the Constitution for failure to disclose certain assets in his Statement of Assets, Liabilities, and Net Worth (SALN).
   • He was convicted by the Senate Impeachment Court in 2012, with a majority of Senators voting to remove him from office.

Limitations on the Power of Impeachment:

1. One-Year Bar Rule: Once an impeachment complaint has been initiated against an official, no other impeachment proceedings can be initiated against the same official within a one-year period (Article XI, Section 3[5]).

2. Political Nature of Impeachment: Impeachment is not strictly a judicial proceeding but a political one. While due process is afforded to the official, the standards of evidence and procedure are not the same as in regular courts. It is fundamentally a political question, where political considerations can come into play.

3. No Appeal from Senate Decision: The Senate’s decision in an impeachment trial is final and non-appealable. The judgment is purely within the political realm, and the decision-making power is vested entirely in the Senate.

Implications of Impeachment:

1. Removal from Office: The primary consequence of a conviction is removal from the office held.
2. Disqualification: The convicted official may also be disqualified from holding any future office of public trust.
3. Criminal Liability: Impeachment does not exempt the official from criminal prosecution and penalties in regular courts if the offense is subject to penal laws (e.g., bribery, graft, and corruption).

Conclusion:

The power of impeachment is a vital tool in the Philippine constitutional system designed to hold high-ranking officials accountable for serious offenses. It serves as a check against abuses of power by ensuring that no one, not even the highest officials of the land, is above the law. Congress, through the House of Representatives and the Senate, plays a central role in ensuring the integrity of the process. However, it is a political process, and its success largely depends on the integrity and wisdom of the members of Congress.