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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Section 2, Article XI of the 1987 Constitution provides that the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
Who are impeachable officers?
- The President,
- The Vice-President,
- The Members of the Supreme Court,
- The Members of the Constitutional Commissions, and
- The Ombudsman
On what grounds may the said impeachable officers be removed from office on impeachment?
- Culpable violation of the Constitution,
- Treason,
- Bribery,
- Graft and corruption,
- Other high crimes, or
- Betrayal of public trust
Who initiates the impeachment process?
The House of Representatives shall have the exclusive power to initiate all cases of impeachment.
How shall the impeachment process be initiated?
A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.
A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.
In case the verified complaint or resolution of impeachment is filed 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.
How many impeachment proceedings may be initiated against the same official?
No impeachment proceedings shall be initiated against the same official more than once within a period of one year.
Who shall have the sole power to try and decide all cases of impeachment?
The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.
Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.
The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.
Is impeachment an exclusive remedy by which an invalidly appointed or invalidly elected impeachable official may be removed from office?
No. According to the case of Republic of the Philippines vs. Sereno, G.R. No. 237428, May 11, 2018, the language of Section 2, Article XI of the Constitution does not foreclose a quo warranto action against impeachable officers. The provision reads:
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. (Emphasis ours)
It is a settled rule of legal hermeneutics that if the language under consideration is plain, it is neither necessary nor permissible to resort to extrinsic aids, like the records of the constitutional convention, for its interpretation.
The provision uses the permissive term “may” which, in statutory construction, denotes discretion and cannot be construed as having a mandatory effect. We have consistently held that the term “may” is indicative of a mere possibility, an opportunity or an option. The grantee of that opportunity is vested with a right or faculty which he has the option to exercise. An option to remove by impeachment admits of an alternative mode of effecting the removal.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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