Impeachment Proceedings: The Vanguard of National Democracy and Public Accountability By: Clint M. Diesto, AILS, R.Inst.Pa.

Introduction I wonder that in my country today, a proceeding that would remove a judge of a highest court of the land would be an impeachment trial and such verdict of the said trial court would gave him the guarantee that he is totally removed from the office if the impeachment court affirmed the articles of impeachments or simply impeachment complaint filed by prosecutor or complainant as it may called for. But how countries around the world would simply treat the word impeachment as part of democratic process to ensure public accountability principle exists under the popular quote Public Office is a Public Trust. According to Wikipedia.org impeachment defines as a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment. According to historical accounts, impeachment proceeding was first introduced in England during 14th Century where members of the Parliament invoked and asserted this system against Baron Latimer. Following the British example, the constitutions of Virginia (1776) and Massachusetts (1780) and other states thereafter adopted the impeachment mechanism; however they restricted the punishment to removal of the official from office. In private organizations, a motion to impeach can be used to prefer charges.1 Countries with Exemplary Impeachment Proceedings Here is some of the list of country that had been exercise impeachment proceedings and their successful removal or significant attempts to remove public officers of the land except US. List of Public Officer 1. UK guilty in 2. USA impeached yet Governor General of India (1788) found not 1795. President Richard Nixon supposed to be pardonedBy President Gerald Ford. Fourteen Federal Judges excluding Alcee Hastings which Senate did not bar him from holding office. 3. Pakistan impeached
1

Perves

Musharaff

was

supposed

to

be

but resigned thereafter.

Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, 1969 ed., p. 265

4. Philippines Merceditas

President Joseph Estrada, Ombudsman Guttierez and Chief Renato Corona were among the three Officials were recommended for Impeachment by members of the Philippine House of Representatives but as of this point of time, no convictions were made by Senate. The Chief Justice's case is the first time to be resolved by the Philippine Senate sitting as Impeachment Court. In May 29, 2012, the Philippine Senate convicted Chief Justice Renato Corona to be removed from Office as Chief Justice of the Supreme Court voted 20-3 by Philippine Senators in favor for the conviction. He was convicted on the grounds that he had committed culpable violation of the Consitution for failing to declare other assets in his Statement of Assets, Liabilities and Net worth (SALN) pursuant to Philippine Administrative Laws and SALN Law.

5. Brazil was removed

President Fernando Collor de Mello before the 1992 New Years Eve (December 30, 1992)

6. Iran Banisadr, then the

I n January 1980, Abolhassan president of Iran, was impeached by the Majlis representatives in June, 1981. The Assembly of Experts can impeach the Leader.

7. Thailand

Constitutional Court decided to remove then Prime Minister Samak Sundaravej after the cooking Show complaint where he was guest a show that Is a violation of Thai Constitution under the principle of conflict of interest rule.

Source: http://en.wikipedia.org/wiki/Impeachment If we can see those countries who had successfully removed a public official, democratic process is very strong considering of the public reverence to their respective constitution enshrined in their Wall of Democracy.

Procedures for Impeachment I would like to simplify the procedure for impeachment in a bulleted form. Here are some points to be pondered with the said procedure: Identify an erring public official: Some countries differ from each other on which public officers are subject for impeachment. The highest public official would be the president or prime minister as the case maybe, but the latter can be automatically removed through vote of no-confidence by some members of the Parliament for instance UK.2 What are the common grounds for an impeachable offense? In my country such as the Philippines, the common grounds for impeachment are the following treason, bribery, betrayal of public trust, culpable violation of the constitution, graft and corruption or other high crimes3. These crimes or offenses are also similar to other countries. If a public official commits these offenses where to file? The most common would be a certain complainant files an impeachment complaint before the legislative body. In United States, an impeachment complaint shall be first lodge before the US House of Representative and the same shall be endorse it to the House of Senate the Articles of Impeachment after a majority vote made by the House of Representative sitting as Prosecutors in the Senate Impeachment Court.4 The Impeachment Court shall tried the said case and raise a decision of which a 2/3 votes of all on its members shall decided a case either acquittal or conviction. Acquittal for a public official shall cause continuity of his/her performance in office but conviction would cause a public official be removed in office and barred for any subsequent attempt to seek further public office post. Philippine Intepretation of the Impeachment: The Will of the People is the Supreme Judge As the Philippine Impeachment Trial had formally unfolds to its end that the former Chief Justice had already been removed from office, it was worth meaningful that democracy in my country exist and the Philippine Senate had interpreted that impeachment as it was to be is the peoples court and such verdict shall be based on the sovereign will of the people. The basis of these proceedings is within the Philippine Constitution for which the Filipino People is the boss according to Philippine President Benigno Simeon Aquino III. Accordingly, Sec. I Article II of the 1987 Constitution provides that Sovereignty resides in the people and all government authority emanates from them. The Future of Impeachment Proceeding

2 3 4

http://en.wikipedia.org/wiki/Impeachment Re: United Kingdom sub: Impeachment in modern politics Sec. 2 Article 11 of the 1987 Philippine Constitution

http://en.wikipedia.org/wiki/Impeachment Re: United States sub: Process

As we embarked with the modern system of our legal system as well as the raise of public opinion pertaining to the accountability of the heads of states, we can say that only impeachment proceeding would be the vanguard of the people who believes that the country should be by the people, for the people and of the people in the country which we leave in and not for the corrupt leaders who had lavishly misused our funds your paid taxes for the government. Finally, let us used this process towards public accountability in our democratic society for we believe that all erring officers have no place in a healthy government. Our constitution guarantees us with this right so use it to the fullest.