The fundamental principles of impeachment

Assuming the impeachment shall proceed, Filipinos should at least know the most basic nuances of impeachment.

For the enlightenment of all Filipinos here are ten fundamental legal principles about impeachment in the Philippines. The most basic of all such principles are found in the 1987 Philippine Constitution, specifically, Article XI, entitled Accountability of Public Officers.

These provisions, it may interest you to know, was principally authored by Hilario Davide Jr. who later became chairman of the Comelec, Supreme Court chief justice, and ambassador extraordinary and plenipotentiary, and permanent delegate to the United Nations.

The first principle: Impeachment is anchored on the philosophy that a public office is a public trust. Section 1 of Article XI provides that public officers and employees must be accountable to the people. They must serve the people with utmost responsibility, integrity, loyalty and efficiency.

Second, only the following officers can be removed by impeachment: the president, vice president, the 15 Supreme Court members, the Civil Service Commission chairman and the two commissioners, the Comelec chairman and six commissioners, the COA chairman and two commissioners, and the ombudsman.

Third, senators and congressmen cannot be removed by impeachment. Under Article VI, section 3, paragraph 3, the Senate and the House have the power to suspend for not more than 60 days or expel a member by a vote of two-thirds of its members. So it requires the vote of at least 16 senators to expel another senator. There are 316 members of the outgoing House, thus it needs the vote of at least 211 to expel, which they did to Arnie Teves of Negros Oriental by unanimous vote last August 16, 2023.

Fourth, the only grounds for impeachment are culpable violation of the Constitution, treason, bribery, graft and corruption and other high crimes as well as betrayal of public trust. Fifth, only members of the House of Representatives or a citizen endorsed by a congressman can initiate an impeachment. Sixth, an impeachment can be given due course only if approved by at least two-thirds of all the members of the House in plenary session.

Seventh, paragraph 6, section 3 of Article XI provides that in case the verified complaint or resolution of impeachment is filed by at least one-third of all House members, the document shall constitute as the Articles of Impeachment and trial by the Senate shall forthwith proceed. "Forthwith" carries with it a sense of urgency. In the impeachment of the vice president however, Senate president Chiz Escudero, modified the meaning of "forthwith" to mean after the elections. We need the Supreme Court to rule on this issue although it’s now moot and academic.

Eighth, the Senate has sole power to try and decide all cases of impeachment. When sitting for impeachment, every senator shall take another oath. When the president is on trial, it isn’t the Senate president who shall preside but the Supreme Court chief justice. That was why Chief Justice Davide Jr. presided over the impeachment of President Erap who, by the way, appointed him to the post.

Ninth, when one is convicted by the Senate, acting as an impeachment court, the penalty is removal from office. There is no penalty of imprisonment or fine, but the Senate may add the accessory penalty of perpetual disqualification from holding any public office. Tenth, if the complainant wants the respondent imprisoned, an appropriate case should be filed before the proper court. In this case there shall be no double jeopardy.

However, with the results of the last Senate race, I predict there are more than nine senators most likely to return a verdict of not guilty. An impeachment isn’t like a judicial proceedings where the evidence is what matters most. Senators are not judicial officers bound by the code of judicial and professional ethics. They are political animals thinking of the next elections. They will vote according to the trend of election results.

Our knowledge of the impeachment laws is purely academic. Impeachment is purely politics. And it’s a good show to entertain Filipinos, make them forget the high prices, inflation rates, and other woes and foes. Impeachment is a diversionary tactic with the highest entertainment value.

Mababaw lang ang kiliti ng mga Filipino. If you cannot deliver, just be funny. That is why Robinhood Padilla was voted number one. And Lito Lapid still won. The people are in bad need of Batang Quiapo, a new Robinhood in a world of many shams and scams.