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SOURCES:

http://law2.umkc.edu/faculty/projects/ftrials/impeach/constitution.html http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_2.htm
http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_6.htm http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_8.htm
Alexander Hamilton, Federalist No. 66 From Woodrow Wilson's book, Congressional government: a study in American politics http://www.ihr.org/jhr/v07/v07p175_Black.html Oxford Dictionary of Politics,
defnition of impeachment Wests Encyclopedia of American Law United States Senate:Impeachment trials Debate in the 1934 Constitutional Convention Cambridge History of Law in America pp. 544-545
Article on impeachment in unamended 1935 Constitution Article on impeachment in amended 1935 Constitution Article on impeachment in the 1943 Constitution Article on impeachment in the 1973
Constitution Bernas, J.The 1987 Constitution of the Republic Philippines: A Commentary p. 1113 Excerpt from the Record of the 1986 Constitutional Commission Excerpt from the Record of the 1986
Constitutional Commission Excerpt from the Record of the 1986 Constitutional Commission
a representative government, the ofcers being mere agents and not rulers of the people ... where every ofcer accepts
ofce pursuant to the provisions of law and holds the ofce as a trust for the people whom he represents
- Justice George Malcolm, in Cornejo v. Gabriel, 41 Phil. 188, 194 (1920)
The 1987 Constitution of the Philippines contains these provisions:
WHAT ABOUT OUR ELECTORAL PROCESS?
WHAT I S I MPEACHMENT?
THE PHI LI PPI NE GOVERNMENT
ARTI CLE I I SOVEREI GNTY RESI DES I N THE PEOPLE
ARTI CLE XI PUBLI C OFFI CE I S A PUBLI C TRUST
The Philippines is a democratic and republican state. Sovereignty resides in the people and
all government authority emanates from them.
Accountability of public ofcers. Public ofce is a public trust.
Public ofcers and employees must, at all times, be accountable to
the people, serve them with utmost responsibility, integrity,
loyalty, and efciency; act with patriotism and justice, and lead
modest lives.
What if an executive, after ascending to ofce, would somehow be corrupted or become incompetentthat a speedy and
immediate remedy was necessary?
Art. II Sec. 1, 1987 Constitution of the Philippines
Art. XI Sec. 1, 1987 Constitution of the Philippines
Since 1935, Philippine Constitutions have adopted the American system of holding
public ofcials accountable for their actions through impeachment.
Benjamin Franklin felt that impeachment wasfor the beneft of the executive because the
alternative to impeachment on the obnoxious chiefmagistrate was recourse to
assassination.
HI STORI CAL PERSPECTI VE
The Americans believed
that punishments
involving the possible
forfeiture of life, liberty, or
property were best left to
the determination of
courts of law.
As a result, the penalties for political ofenses
resulting in conviction in cases of impeachment
should be restricted to only two: removal from
ofce and/or permanent disqualifcation from
holding further ofce.
WHO ARE SUBJECT TO I MPEACHMENT?
WHAT ARE THE GROUNDS FOR I MPEACHMENT?
WHO WI ELDS THE POWER TO I MPEACH?
WHO CAN FI LE AN I MPEACHMENT COMPLAI NT?
WHAT ARE THE PROCEDURES FOR I MPEACHMENT?
It is a constitutional process
of removing public servants
from ofce as an assurance
against abusive ofcials in
the country.
The object of impeachment is
solely to determine whether or
not the ofcial is still worthy of
the trust conferred upon
him/her.
It serves as
protection for the
state and not to
accomplish criminal
punishment.
Any person who, owing allegiance to the Government of the Philippines, not being a
foreigner, levies war against it or adheres to its enemies by giving them aid or comfort
within the Philippines or elsewhere. (Article 114, Revised Penal Code)
Instituted in the 1935 Constitution (Record of the Constitutional Convention of 1934, pp. 854 855)
Any public ofcer who shall agree to perform an act constituting a crime, in connection
with the performance of his ofcial duties, in consideration of any ofer, promise, gift or
present received by such ofcer, personally or through the mediation of another. (Article
210-211, Revised Penal Code)
Instituted in the 1935 Constitution (Record of the Constitutional Convention of 1934, pp. 854 855)
It is NOT the determination
of criminal guilt or
innocence as in a criminal
case.
TRUST
President of the
Philippines
Members of the
Supreme Court
TREASON
BRI BERY
Commission on
Civil Service
Members of the
The Ombudsman
Commission
on Elections
Commission
on Audit
Vice President of
the Philippines
Ofenses which, like treason and bribery, are indictable ofenses and are of such
enormous gravity that they strike at the very life or orderly working of government
(Bernas, J. The 1987 Constitution of the Republic of the Philippines: A Commentary. 2003
ed, p. 1112)
Instituted in the 1935 Constitution (Record of the Constitutional Convention of 1934, pp. 854 855)
OTHER HI GH CRI MES
A public ofcial found to have acquired, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out of proportion to his salary.
(RA 3019)
Instituted in the 1973 Constitution (Bernas, J. The 1987 Constitution of the Republic of the Philippines: A
Commentary, 2003 ed. p. 1113)
GRAFT AND CORRUPTI ON
Betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power,
breach of ofcial duty by malfeasance or misfeasance, cronyism favoritism, etc. to the
prejudice of public interest and which tend to bring the ofce into disrespute. (Record
of the Constitutional Commission of 1986, p. 272)
Instituted in the 1987 Constitution
The Philippine Congress holds the sole power in the impeachment process.
The House of Representatives
initiates all cases of impeachment
Senate tries and decides on all
the cases.
BETRAYAL OF PUBLI C TRUST
2 HOUSES
HOUSE OF REPRESENTATI VES
I . FAST-TRACK PROCEDURE
I I . LONGER PROCEDURE
SENATE
When the President of the Philippines is impeached, the Chief Justice presides over the
impeachment trial; in all other cases of impeachment, the Senate President presides.
If an impeachment complaint or resolution is fled by at least one-third (1/3) of all members of the House, the
Articles of Impeachment shall be sent to Senate for Trial - Article 2, Section 3, Paragraph 4
Each Congress (the present Congress is the 15th of the Republic) adopts its rules for impeachment for each
chamber. The House of Representatives adopts its rules, while the Senate adopts its rules for impeachment trials.
The House of Representatives adopted its rules for the longer procedure on August 3, 2010. The Senate adopted
its impeachment trial rules on March 23, 2011.
The longer procedure of impeachment as set by the 1987 Constitution is as follows:
Any member of the House
of Representatives
Any citizen with an endorsement of any
member of the House of Representatives.

Complaint
HOW MANY VOTES ARE NEEDED TO AFFI RM OR OVERRI DE THE
ARTI CLES OF I MPEACHMENT OF THE COMMI TTEE?
CAN THE PROCESS BE FAST-TRACKED?
HOW I S AN I MPEACHMENT TRI AL CONDUCTED?
Referred to the
proper committee
within 3 session days
3
Committee conducts
hearing
Resolution and Articles
of Impeachment referred
to Senate
Senate will vote on
adoption of rules
Senate convenes as
impeachment court
LESS
THAN
1/3
Initiate impeachment
through a verifed
complaint fled by any
member of House or a
citizen
Senate issues
summons to
respondent
10
Include in Order of
Business within 10
session days
Refer to the plenary
within 60 days
60
Committee votes
Submission for
voting
Plenary votes
Senate as plenary
body drafts its
rules on
impeachment
Respondent
appears and fles
answers
Senate receives
testimonial and
documentary
evidence
House elects its
prosecutors
AT
LEAST
1/3
Maj or i t y
YES
Maj or i t y
NO
TRI AL
STAGE
Senators interpose
questions
ACQUI TTED CONVI CTED
OR
Removal from ofce and/or
permanent disqualifcation
OR
OR
Majority
YES
Majority
NO
OR
HOUSE OF REPRESENTATI VES
PARAGRAPH ( 4)
In case the verifed complaint or resolution of impeachment is fled 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.
Art. XI Sec. 3 Par. 4, 1987 Constitution of the Philippines
The one-third vote can be achieved in
two ways:
Yes. The Constitution provides that if at least one-third of all members of the House
fles a complaint or resolution of impeachment, the trial by the Senate will
commence.
They are conducted according to rules adopted by each Senate.
In the absence of specifc rules enumerated in the Senate Rules,
the Rules of Court will be followed in the order of the
presentation of evidence.
One-third of the House
can sign an impeachment
complaint, which, upon
submission, is
automatically sent to the
Senate without need for
deliberation or debate.
IMPEACHMENT
COMPLAINT
1
A complaint can be submitted to the
Committee on Justice as with any bill, and
debated and voted upon in committee, and if
approved, submitted for plenary debate and
consideration. The entire House can then vote
to approve or disapprove the impeachment
complaint. If one-third of the House votes in
favor, it is then sent to the Senate as the
Articles of Impeachment.
2
PARAGRAPH ( 3)
A vote of at least one-third of all the Members of the House shall be
necessary either to afrm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The vote
of each Member shall be recorded.
Art. XI Sec. 3 Par. 3, 1987 Constitution of the Philippines
CONSTITUTION
CONSTITUTION
IMPEACHMENT
COMPLAINT
HOW I S CONVI CTI ON OR ACQUI TTAL DETERMI NED?
HOW MANY VOTES ARE NEEDED TO CONVI CT AN OFFI CI AL DURI NG
AN I MPEACHMENT TRI AL?
WHAT I S THE RESULT OF A CONVI CTI ON?
ARE THERE LI MI TS TO THE I MPEACHMENT PROCESS?
ARE I MPEACHMENTS SUBJECT TO JUDI CI AL REVI EW?
I MPEACHMENT: THEORETI CAL AND POLI TI CAL SCI ENCE THOUGHT
HI STORI CAL DATA
because an impeachment is not a criminal trial.
The Rules of Court are adopted for procedural purposes,
and are therefore supplementary in nature to the Senate
Rules on Impeachment.
Senators are expected to vote
according to their conscience.
The standard of proof required is
not beyond reasonable doubt,
The Impeachment Court is not a Court of Law.
It is a POLITICAL process, NOT criminal.
A vote of at least two-thirds of all
members of the Senate for any
one article of impeachment is
needed for conviction.

Votes are
required to
convict on any
article
Negative votes
can prevent
conviction on any
article
CONSTITUTION
PARAGRAPH ( 7)
CONSTITUTION
CONSTITUTION
PARAGRAPH ( 5)
Judgment in cases of impeachment shall not extend further than:
Removal from
ofce
ALEXANDER HAMILTON
PRES. ELPIDIO
QUIRINO
PRES.
DIOSDADO
MACAPAGAL
PRES. FERDINAND
MARCOS
PRES. JOSEPH
ESTRADA
PRES. GLORIA
ARROYO
OMBUDSMAN
ANIANO
DESIERTO
OMBUDSMAN
MERCEDITAS
GUTIERREZ
CHIEF JUSTICE RENATO
CORONA
CHIEF JUSTICE HILARIO
DAVIDE
1935 1940 1973 1987
The Senate can additionally impose the
penalty of disqualifcation from holding
any ofce in the Philippine government.
Criminal liability must be established by a criminal trial. If impeachment were a criminal trial, further criminal
liability could not be established because of the principle of double jeopardy.
The party convicted shall nevertheless be liable and subject to prosecution, trial, and
punishment, according to law.
No impeachment proceedings shall be initiated against the same ofcial more than
once within a period of one year.
Any conviction in impeachment is beyond the Presidents
power of executive clemency.
The Supreme Court has the power to review cases of
impeachment, to see if they conform to the procedures and
requirements enumerated in the Constitution.
What the Supreme Court does not have the power to do, it said, is
to comment on the actual charges. The charges themselves, since
an impeachment is a political trial, are beyond judicial review.
The design of
impeachment is to remove
the impeachable ofcer
from ofce, not punish him.
An impeachment act need
not be criminal.
Abuse or violation of public trust is POLITICAL, as
they relate chiefy to injuries done immediately
to the society itself.
Public opinion is
expected to play a
part in the
impeachment
process.
Impeachment was to
be conducted by a
committee of the
unicameral legislature -
the National Assembly
Amendments to the
Constitution,
impeachment should
be initiated in the
House of
Representatives and
tried at the Senate
An additional ofense
was added: graft and
corruption,
government was back
to a unicameral
procedure (the
Batasan Pambansa)
Reinstated the
bicameral House, from
previous constitutions
of 3/4 votes moved to
1/3; added betrayal of
Public trust to the
ofenses
The Senate is the ft depository of this
trust; they deal with political nature.
The Supreme Court deals
with the administration of
justice.
Art. XI Sec. 3 Par. 7, 1987 Constitution of the Philippines
Art. XI Sec. 3 Par. 5, 1987 Constitution of the Philippines
SUPREME COURT
- In Francisco v. House of Representatives
One of the Founding Fathers
of the USA, Economist and
Political Philosopher.
Impeachment: a method of National Inquest into
the conduct of public men
Wasting and misappropriation
of public funds.
Abuse of power, violation of
laws, and immoral extravagance.
Intervention prejudicial to the
public interest in the transaction
wherein his brother Antonio was
in connivance with a Soviet
citizen.
Aiding and abetting graft and
corruption.
Gross ofcial misconduct and
acts, which deprived the
government of substantial
revenue.
Juan Rodriguez on April
28, 1949
Rep. Arturo M. Tolentino on, April
12, 1964
Dismissed on June 24, 1964,
in committee
Dismissed on April 29, 1949
due to lack of factual and legal
basis
Allegedly illegally importing rice
for the Armed Forces and
violating the Anti-Graft and
Corrupt Practices Act.
Since 1935, only three ofcials have been impeached: President Joseph Ejercito Estrada, Ombudsman
Merceditas Gutierrez, and Chief Justice Renato C. Corona.
C H A R G E S F I L E D B Y R E S U LT
C H A R G E S F I L E D B Y R E S U LT
58 opposition lawmakers on
August 13, 1985
Resolution rejected by the
Batasan Pambansa seven hours
later for being insufcient in
form and substance.
Graft, economic plunder,
unexplained wealth,
cronyism,
and other crimes
C H A R G E S F I L E D B Y R E S U LT
Oppostion Bloc led by House
Minority Leader Feliciano
Belmonte Jr. on October 19,
2000
Impeached on November 13,
2000. Transmitted to the
Senate on November 14, 2000.
Trial commenced on
December 7, 2000.
Impeachment trial ended
after prosecutors walked out
on January 16, 2001
Graft and corruption,
betrayal of public trust,
culpable violations of the
Constitution
C H A R G E S F I L E D B Y R E S U LT
Ernesto Francisco on
November 6, 2001
Dismissed on December 18,
2001
Bribery, culpable violations
of the Constitution, betrayal
of public trust
C H A R G E S F I L E D B Y R E S U LT
Rep. Felix Fuentebella,
Joseph Ejercito Estrada, on
October 23, 2003
Dismissed on November 19,
2003 when House Plenary
voted not to transmit the
Articles of Impeachment to
the Senate
Graft and corruption
C H A R G E S F I L E D B Y R E S U LT
Thirty-one civil society
leaders led by former Senate
President Jovito Salonga in
2009; Akbayan and Bagong
Alyansang Makabayan in
2010
Impeached on March 22, 2011
Betrayal of public trust and
culpable violation of the
Constitution.
C H A R G E S F I L E D B Y R E S U LT
Ana Theresia
Hontiveros-Baraquel,
Rodolfo Lozada Jr., Juan
Carlo Tejano, and Lea Lopez
Navarro on December 12,
2011
Impeached on December 12,
2011. Articles of Impeachment
transmitted to the Senate on
December 13, 2011. Trial
commenced on January 16,
2012. Convicted on May 29,
2012 by a vote of 203.
Betrayal of public trust, graft
and corruption, and culpable
violation of the Constitution.
C H A R G E S F I L E D B Y R E S U LT
Oliver Lozano,
Jose Lopez on 2005
Dismissed on August 31, 2005
for complaint being
insufcient in substance
Culpable violations of the
Constitution, bribery and
graft and corruption, and
betrayal of public trust
C H A R G E S F I L E D B Y R E S U LT
Roberto Rafael Pulido on
October 5, 2007
Dismissed on November 14,
2007
Betrayal of public trust,
culpable violation of the
Constitution, bribery, graft
and corruption, and other
high crimes
Cheating her way to the
presidency, corruption,
political killings, and
violation of the Constitution
Jose "Joey" de Venecia III,
Rolex Suplico, Harry Roque
Endorsed by Bayan Muna
Reps. Satur Ocampo, Teddy
Casino, and Gabriela Rep.
Liza Maza in October 18,
2008
Dismissed on November 26,
2008
June 26, 2006
Bienvenido Lumbera
Imelda Nicolas
Randy David
Corazon Soliman
Bro. Eddie Villanueva and
around 200 citizen
complainants
Endorsed by Reps. Francis
Escudero and Ronaldo
Zamora
June 27, 2006
Teofsto Guingona, Jr.
Endorsed by Rep. Teofsto
Guingona III

June 28, 2006


Bishop Deogracias Iiguez
Endorsed by Rep. Etta
Rosales

June 29, 2006


Atty. Abigail Binay
Endorsed by Rep. Ruy Elias
Lopez

July 24, 2006


Relatives of human rights
victims (14 signatories)

Union of the Masses for


Democracy and Justice (35)

Various private and people's


organizations (17)

Gabriela (about 100)

Representatives of religious
groups (13)

Public school teachers and


farmers (48)

And retired generals and


colonels (13)
Endorsed by Rep. Darlene
Antonino-Custodio
November 12, 2007
Bayan
Karapatan
VP Guingona et al.
Endorsed by Rep. Teodoro
Casio

Dismissed on August 26, 2006


IMPEACHMENT
A POLI TI CAL AND HI STORI CAL GUI DE