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RULES OF PROCEDURE ON IMPEACHMENT TRIALS IN THE

SENATE OF THE PHILIPPINES

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I. When the Senate receives articles of impeachment against any

person, the Senate President shall inform the House of
Representatives that the Senate shall take proper order on the
subject of impeachment and shall be ready to receive the
prosecutors on such time and
nd date as the Senate may specify.

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II. Upon such articles being

being
bei
ng presented to the Senate, the Senate
shall, at 2 o'clock in
of the day (except Saturday and
n the afternoon
a
Sunday) following
if ordered by the
g such presentation, or sooner
so
Senate, proceed
such articles. It shall
ed to the consideration of s
continue in session
sessio from day to day (except
(exce Saturday and Sunday)
(excep
after the trial shall commence (unless
(unles
unles otherwise ordered by the
Senate)) until final judgment shall
all be rendered, and so much longer
as may, in its judgment, be
needful. Before proceeding
to the
e ne
ceedi
eedi
consideration of the articles
Presiding Officer
les
es of impeachment, the Presid
shall administer the oath
hereinafter provided to th
the Members of
ath
th he
the Senate then present
sent and
an to the other Members
a
mbers of the Senate as
they shall appear, whos
whose duty it shall be to
o take the same.

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III. When the President of the Philippines

pines
nes shall be impeached,
d, the
Chief Justice of the Supreme Court
shall preside, otherwise
urt s
sh
wise tthe
Senate President shall preside in
other cases of impeachment.
In
n all ot
achmen
chme
a case requiring the said Chieff Ju
Justice to preside, notice
otice shall be
given to him by the Senate President of the time and
place fixed for
nd
d plac
the consideration of the articles of impeachment,
aforesaid, with
t,, as a
a request to attend; and the said Chief
Justice shall be
ief
ef Ju
administered and oath by the Senate President
sident
ident and shall preside
over the Senate during the consideration of said articles and upon
the trial of the person impeached therein.

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IV. The Presiding Officer shall have the power to make and issue, by
himself or by the Secretary of the Senate, all orders, mandates, and
writs authorized by these rules or by the Senate, and to make and
enforce such other regulations and orders in the premises as the
Senate may authorize or provide.

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V. The Senate shall have power to compel the attendance of

witnesses, to enforce obedience
ce to its orders, mandates, writs, and
judgments, to preserve order,
to punish in a summary way
der,
er, and
a
contempts of, and disobedience
edienc to, its authority, orders, mandates,
writs, or judgments, and to make all lawful orders, rules, and
regulations which itt may deem essential or conducive to the ends of
he
e Serg
Ser
nder the direction of the
justice. And the
Sergeant at Arms, under
mplo such aid and assistance
sistan as may be necessary
Senate, may employ
to enforce,
execute, and carry into
e, exe
nto
o effect the lawful orders,
mandates,
and
writs
of
the
Senate.
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VI. The Senate President shall

all necessary prepa
preparations in
hall direct
d
the Senate Chamber, and
nd
d the Presiding Officerr on the
tth trial shall
direct all the forms off proceedings
while the Senate
proce
enate
nate is sitting for the
purpose of trying
ng
g an impeachment. The presiding officer
_____________________ shall direct all forms
orms during the trial not
ot
otherwise specially provided for under these rules.

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The President of the Senate or the

Chief Justice when presiding
e Chie
esidin on
esiding
the trial may rule on all questions
not
tions
ions of evidence including,
ding,
ng, but
b
limited to, questions of materiality,
relevancy, compe
competency or
i
admissibility of evidence and incidental questions,
which ruling
ons,
ns, w
shall stand as the judgment of the Senate, unless
less
ess a Member of the
Senate shall ask that a formal vote be taken
in which case
n thereon,
there
it shall be submitted to the Senate for decision
isio
sio after one contrary
view is expressed; or the Presiding Officer may at his/her option, in
the first instance, submit any such question to a vote of the
Members of the Senate. The motion for a vote and the contrary
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opinion shall not take more than two (2) minutes each, with a one
minute rebuttal allowed for the proponent of the motion. Upon all
such questions the vote shall be taken in accordance with the
Standing Rules of the Senate. The Rules of Court shall apply insofar
as they are applicable. Rules of evidence and procedures shall be
liberally construed.

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VII. Upon the presentation of articles of impeachment and the

organization of the Senate
te as hereinbefore provided, a writ of
summons shall issue to tthe person impeached, reciting or
incorporating said articles,
ticles,
icles and notifying him to appear before the
Senate upon a day
y and at a place to be fixed by the Senate and
named in such
h writ,
writ and file his answer
nswe
swe to said articles of
impeachment.
an unattendable
period of ten days from
t. Within
With
ble pe
receipt thereof,
ereof,
reof, and to stand to and
d abide by the orders and
judgments
writ shall be served by
nts of the Senate thereon;
on;
n; which
wh
such officer
named in the order th
thereof, such
ffice or person as shall
fficer
lll be n
number of days prior to the
he
e day fixed for such appearance
earanc
aranc as shall
be named in such orderr eithe
either by the delivery of an a
attested copy
thereof to the person impea
impeached, or if that cannot
annot
nnot conveniently be
done, by leaving such
ch copy
cop at the last known
wn
n place
plac of abode of such
person, or at his usual
ua place of business in some
som conspicuous place
ace
ce
therein; or if such service shall be, in
n the jjudgment of the Senate,
enate,
impracticable, notice to the person
to appear shall
n impeached
impe
shalll be
shal
given in such other manner, by publication
or otherwise, as shall
publica
publ
ic
sha be
deemed just; and if the writ afore
aforesaid
shall fail of service
fore
ervice in the
manner aforesaid, the proceedings shall not thereby
but
reby abate,
a
further service may be made in such manner as
s the Senate shall
direct. If the person impeached, after service,, shal
shall fail to appear,
either in person or by attorney, on the day so
s fixed thereof as
aforesaid, or, appearing, shall fail to file his answer
to such articles
an
of impeachment, the trial shall proceed, nevertheless, as upon a

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plea of not guilty. If a plea of guilty shall be entered, judgment may

be entered thereon without further proceedings.

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VIII. At 3 o'clock in the afternoon of the day appointed for the return
of the summons against the person impeached, the legislative
business of the Senate shall be suspended, and the Secretary of the
Senate shall administer an oath to the returning officer in the form
following: "I, __________________,
__, do solemnly swear that the return
made by me upon the proce
process issued on the ____ day of
______________, by the
Senate of the Philippines, against
he Se
__________________ is truly made, and that I have performed such
describ
service as therein described:
So help me God." Which oath shall be
entered at large on the records.

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IX. The person

then
be called to appear and
erson
rson impeached shall the
hen b
answer the articles
of impeachment
him. If he appears, or
art
ment
ent against
ag
any person
shall be recorded, stating
erson
rson for him, the appearance
pear
earan
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particularly if by himself, or by agent or attorney,
the
ey,
y, naming
na
person appearing and the
in which he appears.
he
e capacity
capa
ppear If he does
not appear, either personally
sonally
onally or by agent or attorney,
orne the same shall
orney
be recorded.

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X. At 2 o'clock in the afternoon, or at such

other hour as the Senate
uch ot
oth
nate
ate
may order, of the day appointed for the
he
e trial
tria of an impeachment,
ent, th
the
legislative business of the Senate
shall be suspended, and the
ate
te sha
Secretary shall give notice to the
House of Representatives
that the
he
e Hou
ives
ves th
Senate is ready to proceed
of
d upon the impeachment
peachm
_______________, in the Senate Chamber.

XI. The hour of the day at which the Senate shall sit
s upon the trial
of an impeachment shall be (unless otherwise
ordered) 2 o'clock in
ise
se or
o
the afternoon; and when the hour shall arrive, the Presiding Officer
upon such trial shall cause proclamation to be made, and the
business of the trial shall proceed. The adjournment of the Senate
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sitting in said trial shall not operate as an adjournment of the

Senate as a legislative body and on such adjournment the Senate
shall resume the consideration of its legislative business.

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XII. The Secretary of the Senate shall record the proceedings in

cases of impeachment as in the case of legislative proceedings, and
the same shall be reported in the same manner as the legislative
proceedings of the Senate.

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XIII. Counsel for the parties

shall be admitted to appear and be
rties s
heard upon an impeachment:
Provided, That counsel for the
each
eachm
prosecutors shall be
e under
unde the control and supervision of the panel
of prosecutors of the H
House of Representatives.
ative
tiv

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XIV. All motions,

otions
tions objections, requests,
ests, or applications whether
relating to
o the procedure of the Senate
Senat or relating immediately to
the trial
questions with
to admission of evidence or
all (including
(incl
ith
th respect
resp
other questions
arising during
ues
ng the trial) made by the parties
parti
arti or their
counsel shall be addressed
Presiding Officer
only, and if he,
d to the
t
er only
or any Senator, shall require
to writing,
equire
quire it, they shall be committed
omm
mit
and read at the Secretary's
retary's table.

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XV. Witnesses shall be examined by one

on behalf of the
ne person
per
party producing them, and then cross-examined
by one person
ss-exam
s-exa
on on
the other side.

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XVI. If a Senator is called as a witn

witness, he shall be sworn,
give
worn,
orn, and
a
his testimony standing in his place.

XVII. If a Senator wishes to put a question to

witness, he/she
o a w
shall do so within two minutes. A senator
may likewise put a
or ma
question to a prosecutor or to counsel of th
the prosecutor or the
person impeached. He/she may also offer a motion of order, in
writing which shall be submitted to the Presiding Officer. The
parties or their counsel may interpose objections to witnesses
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answering questions propounded by any Senator and the merits of

any such objection may be argued by the parties or their counsel.
Ruling on any such objection shall be made as provided in Rule VI.
XVIII. At all times while the Senate is sitting upon the trial of an
impeachment the doors of the Senate shall be open to the public.

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XIX. All preliminary or interlocutory questions, and all motions,

shall be argued for not exceeding
one hour (unless the Senate
xceed
otherwise orders) on each side.

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XX. The case, on each

shall be opened by one person. The
ach side,
si
final argument on
may be made
n the merits
m
de by two persons on each
side (unless otherwise
ordered by the Senate
therwis
herwi
Senat upon application for
that purpose),
opened and closed on the
e),, and the argument shall
alll be o
part of the
he
e House
Hou of Representatives.
ves.
es.

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XXI. An
of impeachment
for the
n article
a
hment
ment shall not be divisible
visib
isi
purpose of voting thereon at any time during the trial. Once
voting
O
has commenced on an artic
article of impeachment,
continue
t,, it shall
s
until completed on all arti
articles of impeachment,
unless the Senate
ent,
nt, un
u
adjourns for a period
sine die. On
od
d not
no to exceed one day
y or adjourns
ad
the final question whether
the impeachment
h
ment iis sustained, the yeas
eas
and nays shall be taken on each article
cle
le of iimpeachment separately;
ately;
and if the impeachment shall not, upon
any of the articles
u
art
arti
presented, be sustained by the
of two-thirds of al
all the
he votes
vo
Members, a judgment of acquittal
be entered; but
al shall
s
utt if the
th person
impeached shall be convicted upon any such article
votes of
le
e by the
t
two-thirds of all the Members, the Senate may
to the
ay proceed
pr
consideration of such other matters as may
determined to be
y be d
appropriate prior to pronouncing judgment.. A motion
to reconsider
m
the vote by which any article of impeachment is sustained or
rejected
shall
not
be
in
order.

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Form of putting the question on each article of impeachment

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The Presiding Officer shall first state the question; thereafter each
Senator, as his/her name is called, shall rise in his/her place and
answer: guilty or not guilty. If he/she so wishes, a Senator may
explain his/her vote for not more than two (2) minutes.

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XXII. All the orders and

may be acted upon without
nd decisions
d
de
objection, or, if objection
ction
tion is heard, the orders and decisions shall be
debat by yeas and nays,
ys,, which shall be entered
voted on without debate
subje
on the record, subjec
subject, however, to the opera
operation of Rule VI, except
when the doors
be closed for deliberation,
and in that case no
ors shall
sh
elibera
Member shall s
speak more than once
on one question, and for not
nce o
more than
minutes on an interlocutory
question, and for not
han ten
t
interl
more than
by consent
an fifteen minutes on
n the final question, unless
ess
ss b
of the Senate, to be had withou
without debate; but a moti
witho
motion
on to adjourn
may be decided without
yeas and nays,
they be
hout
ut the
t
ys, unless
un
demanded by one-fifth
The fifteen
-fifth of the Members present.
prese
minutes herein allowed
owed shall be for the whole deliberation on the
e
final question, and not on the final questi
question on each article
e of
impeachment.

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XXIII. Witnesses shall be sworn

the following form: "You
worn in
i
_______________, do swear (or affirm,
as the case may
ffir
ffirm
ay
y be) that the
evidence you shall give in the case now pending
between the
ing
ng be
Philippines and __________________, shall be the
truth, the whole
he
e tru
trut
truth, and nothing but the truth: so help you God."
od."
Which oath shall be administered by the Secretary,
or any other
ec
duly
authorized
person.

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Form of a subpoena to be issued on the application of the prosecutors

of the impeachment, or of the party impeached, or of his counsel
To __________________, greetings:

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You are hereby commanded

d to appear before the Senate of the
Philippines, on the _______
of ____________, at the Senate
____ day
d
Chamber in the City of Pasay,
then and there to testify your
Pa
knowledge in the case
which is before the Senate in which the
ase w
sentati
entati
ed _____________, and to
House of Representatives
has impeached
u the following
fo
f
__,
_, it b
bring with you
___________,
being necessary to use
the same as testimony.
testim
estim

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Fail not..

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______________________________,
Presiding Officer of the Senate

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Witness ______________, and

Presiding Officer of the
at the
d Pres
e Senate,
Sena
Sen
City of Pasay, this _______
___
__ day
da of _____________, in
in the
th year of our
Lord.

Form of direction for the service of said subpoena

a

The Senate of the Philippines to ____________, greeting: You are

hereby commanded to serve and return the within subpoena
according to law. Dated at Pasay, this ____ day of ________, in the
year
of
our
Lord
____.
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_______________________,
Secretary of the Senate

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Form of oath to be administered to the Members of the Senate and

th trial of impeachments
the Presiding Officer sitting in the

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ff rm, a
"I solemnly swear (or affirm,
as the case may be) that in all things
rial
al of the impeachment of ______ ______, now
appertaining to the trial
imparti
mparti justice according to the Constitution and
pending, I will do impartial
So
laws:
So
help
me
God."

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Form of summons
to be issued
su
sued
ued and served upon the person
impeached

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REPUBLIC OF THE PHILIPPINES

) SS.
ILIPPIN
LIPPIN

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The Senate of the Philippines

to _______________,
hilipp
_____,
____, greetings:

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[Here insert the articles]

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Whereas the House of Representatives

s of the
th Philippines did, on
n the
____ day of ________, present to the Senat
Senate articles of impeachment
Sena
achm
chm
me
against you, the said ______ _______,
following:
_____ in the words followi

And demand that you, the said _______________,

be put to
____, should
s
answer the accusations as set forth in said
and that such
d articles,
arti
proceedings, examinations, trials, and judgments might be
thereupon had as are agreeable to law and justice.
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You, the said ____________, are therefore hereby summoned to be

and appear before the Senate of the Philippines, at their Chamber
in the City of Pasay, on the ____ day of __________________, at ____
o'clock ____, then and there to answer to the said articles of
impeachment, and then and there to abide by, obey, and perform
such orders, directions, and judgments as the Senate of the
Philippines shall make in the premises according to the
Constitution and laws of the Phil
Philippines.
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Hereof you are not to fail.

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______________________________,
_____
____
Presiding
g Officer of the Senate
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_______
______
Witness ___________________,
and Presiding Officer of the said
Senate, at the City
this ____ day of ________,
ity
ty of Pasay, Philippines, thi
th
in
the
year
of
Our
Lord
_______.
ye

to

________________________,
_____
____

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Philippines
es
s

SS.
S.

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the

PHILIPPINES
HILIPP
HILIPPI

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of

THE

The Senate
greetings:

OF

REPUBLIC

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Form of Order to be indorsed

ndorse on said writ of summons
ummon

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You are hereby commanded to deliver to and leave

e with __________
__________, if conveniently to be found, or if not,
ot, to leave at his
usual place of abode, or at his usual place
business in some
e of bu
conspicuous place, a true and attested copy
py of the within writ of
summons, together with a like copy of this order, and in
whichsoever way you perform the service, let it be done at least ____
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days before the appearance day mentioned in the said writ of

summons.
Fail not, and make return of this writ of summons and order, with
your proceedings thereon endorsed, on or before the appearance
day mentioned in the said writ of summons.

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Witness ______________________,
_ and Presiding Officer of the Senate,
at the City of Pasay, this ____
___
__ day
da of ____ in the year of Our Lord.

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______________________________,
______
_____
Presiding Officer off the S
Senate

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All process
shall be served by the
Sergeant-at-Arms of the Senate,
ss
s sha
e Serg
Ser
unless otherwise
ordered by the
otherw
e Senate.
Sena

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XXIV. If the Senate shall,

for the
hall,
all, at
a any time, fail to sit
s
consideration of articles
impeachment on the
s of im
e d
day or hour fixed
therefor, the Senate may, b
by an order to be adopted
dopted
opted without debate,
fix a day and hour
for resuming
such consideration.
hou
g suc

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