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A P O L IT ICAL AN D HI STORI CA L GU I DE
THE PHILIPPINE G OV E RNM E NT a representative government, the o cers being mere agents and not rulers of the people ... where every o cer accepts o ce pursuant to the provisions of law and holds the o ce as a trust for the people whom he represents
- Justice George Malcolm, in Cornejo v. Gabriel, 41 Phil. 188, 194 (1920)
A RT ICLE XI PUB LIC OFFI CE I S A P UBLI C TRUST Accountability of public o cers. Public o ce is a public trust. Public o cers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and e ciency; act with patriotism and justice, and lead modest lives.
Art. XI Sec. 1, 1987 Constitution of the Philippines
W H AT ABOU T O U R E LECTORAL PROCESS? What if an executive, after ascending to o ce, would somehow be corrupted or become incompetent that a speedy and immediate remedy was necessary?
HISTORICA L P E RSP ECT IVE
Since 1935, Philippine Constitutions have adopted the American system of holding public o cials accountable for their actions through impeachment. Benjamin Franklin felt that impeachment was for the benet of the executive because the alternative to impeachment on the obnoxious chief magistrate was recourse to assassination.
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 o enses resulting in conviction in cases of impeachment should be restricted to only two: removal from o ce and/or permanent disqualication from holding further o ce.
W H AT I S I M PEAC H MEN T ?
TRUST
It is a constitutional process of removing public servants from o ce as an assurance against abusive o cials in the country. It serves as protection for the state and not to accomplish criminal punishment. The object of impeachment is solely to determine whether or not the o cial is still worthy of the trust conferred upon him/her. It is NOT the determination of criminal guilt or innocence as in a criminal case.
Commission on Elections
Commission on Audit
The Ombudsman
BRIBERY Any public o cer who shall agree to perform an act constituting a crime, in connection with the performance of his o cial duties, in consideration of any o er, promise, gift or present received by such o cer, 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)
OTHER HIG H CRIMES O enses which, like treason and bribery, are indictable o enses 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)
G RAFT AND CORRUPTI O N A public o cial 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)
BETRAYAL OF PUBLIC TRUST Betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power, breach of o cial duty by malfeasance or misfeasance, cronyism favoritism, etc. to the prejudice of public interest and which tend to bring the o ce into disrespute. (Record of the Constitutional Commission of 1986, p. 272)
Instituted in the 1987 Constitution
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.
Complaint
1/3
I I . LO N GE R PR O CED URE 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:
Initiate impeachment through a veried complaint led by any member of House or a citizen
10
Committee votes
60
House elects its prosecutors
OR
CONV I CT E D ACQ U I T T E D
H OW M AN Y VOT ES A RE N EED ED TO AFFIRM OR OVE RRIDE T H E A RTI C L ES O F IMPEAC H MEN T OF THE COMMITTE E ?
PARAGRAPH (3 ) A vote of at least one-third of all the Members of the House shall be necessary either to a rm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.
CONSTITUTION Art. XI Sec. 3 Par. 3, 1987 Constitution of the Philippines
PARAGRAPH (4 ) In case the veried complaint or resolution of impeachment is led 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
1
HOUSE OF REPRESENTATIVES
IMPEACHMENT COMPLAINT
2
IMPEACHMENT COMPLAINT
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.
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.
CONSTITUTION
H OW I S CO N VIC T ION O R ACQUITTAL DE TE RMINE D? 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.
The Rules of Court are adopted for procedural purposes, and are therefore supplementary in nature to the Senate Rules on Impeachment.
A vote of at least two-thirds of all members of the Senate for any one article of impeachment is needed for conviction.
16
CONSTITUTION
Removal from o ce
The Senate can additionally impose the penalty of disqualication from holding any o ce in the Philippine government.
The party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law. 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.
No impeachment proceedings shall be initiated against the same o cial more than once within a period of one year.
CONSTITUTION
CONSTITUTION
SUPR E ME COU RT
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.
- In Francisco v. House of Representatives
ALEXANDER HAMILTON
One of the Founding Fathers of the USA, Economist and Political Philosopher.
Abuse or violation of public trust is POLITICAL, as they relate chiey to injuries done immediately to the society itself. The Senate is the t depository of this trust; they deal with political nature. The Supreme Court deals with the administration of justice.
H I STO R I C AL DATA
1935
Impeachment was to be conducted by a committee of the unicameral legislature - the National Assembly
1940
Amendments to the Constitution, impeachment should be initiated in the House of Representatives and tried at the Senate
1973
An additional o ense was added: graft and corruption, government was back to a unicameral procedure (the Batasan Pambansa)
1987
Reinstated the bicameral House, from previous constitutions of 3/4 votes moved to 1/3; added betrayal of Public trust to the o enses
Since 1935, only three o cials have been impeached: President Joseph Ejercito Estrada, Ombudsman Merceditas Gutierrez, and Chief Justice Renato C. Corona.
CHARGES Wasting and misappropriation of public funds.
PRES. ELPIDIO QUIRINO
FILED BY
R E S U LT
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 o cial misconduct and acts, which deprived the government of substantial revenue. CHARGES Allegedly illegally importing rice for the Armed Forces and violating the Anti-Graft and Corrupt Practices Act. FILED BY R E S U LT
Dismissed on April 29, 1949 due to lack of factual and legal basis
CHARGES Graft, economic plunder, unexplained wealth, cronyism, and other crimes
FILED BY
R E S U LT
Resolution rejected by the Batasan Pambansa seven hours later for being insu cient in form and substance.
CHARGES Graft and corruption, betrayal of public trust, culpable violations of the Constitution
PRES. JOSEPH ESTRADA
FILED BY
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 R E S U LT
FILED BY
FILED BY
R E S U LT
Dismissed on November 19, 2003 when House Plenary voted not to transmit the Articles of Impeachment to the Senate R E S U LT
CHARGES Culpable violations of the Constitution, bribery and graft and corruption, and betrayal of public trust
PRES. GLORIA ARROYO
FILED BY
Dismissed on August 31, 2005 for complaint being insu cient in substance
Cheating her way to the presidency, corruption, political killings, and violation of the Constitution
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 Teosto Guingona, Jr. Endorsed by Rep. Teosto 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
Betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes
Roberto Rafael Pulido on October 5, 2007 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 FILED BY
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 FILED BY
CHARGES Betrayal of public trust, graft and corruption, and culpable violation of the Constitution.
R E S U LT
188 congressmen including Reps. Niel Tupas Jr., Joseph Emilio Abaya, Lorenzo Tanada, Reynaldo Umali, and Arlene J. Bag-ao
Impeached on December 12, 2011. Articles of Impeachment transmitted to the Senate on December 13, 2011. Trial commenced on January 16, 2012
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, denition 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 Updated 1/21/12