IMPEACHMENT

A PO L ITIC AL AN D HISTOR IC A L GU ID E

THE PHILIPP IN E G O V ER NM ENT

“a representative government, the officers being mere agents and not rulers of the people ... where every officer accepts
office pursuant to the provisions of law and holds the office as a trust for the people whom he represents”
- Justice George Malcolm, in Cornejo v. Gabriel, 41 Phil. 188, 194 (1920)

The 1987 Constitution of the Philippines contains these provisions:

AR TICLE II S OVE RE IG N T Y RES I D ES I N T H E P EO P L E

The Philippines is a democratic and republican state. Sovereignty resides in the people and
all government authority emanates from them.
Art. II Sec. 1, 1987 Constitution of the Philippines

A R T I C LE X I PU BLI C O FFICE IS A PUBLIC TRUST

Accountability of public officers. Public office is a public trust.

Public officers and employees must, at all times, be accountable to
the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and lead
modest lives. 
Art. XI Sec. 1, 1987 Constitution of the Philippines

W H AT ABO U T O U R ELEC TOR AL P R OCE SS?

What if an executive, after ascending to office, would somehow be corrupted or become incompetent that a speedy and
immediate remedy was necessary?

H IS TOR IC A L P E R S P E C TIVE

Since 1935, Philippine Constitutions have adopted the American system of holding
public officials accountable for their actions through impeachment.

Benjamin Franklin felt that impeachment was for the benefit of the executive because the
alternative to impeachment on the obnoxious chief magistrate was recourse to
assassination.

The Americans believed

As a result, the penalties for political offenses
that punishments
involving the possible resulting in conviction in cases of impeachment
forfeiture of life, liberty, or should be restricted to only two: removal from
property were best left to office and/or permanent disqualification from
the determination of
holding further office.
courts of law.

WH AT I S I M P E ACHM EN T?

TRUST

It is a constitutional process It serves as The object of impeachment  is It is NOT the determination

of removing public servants protection for the solely to determine whether or of criminal  guilt or
from office as an assurance state and not to not the official is still worthy of innocence as in a criminal
against abusive officials in accomplish criminal the trust conferred upon case.
the country. punishment. him/her.

WH O A R E S UB JE C T TO I M P EACHM ENT?

Members of the

President of the
Philippines Commission on Commission Commission
Civil Service on Elections on Audit

The Ombudsman

Vice President of Members of the

the Philippines Supreme Court

WH AT A R E T HE GR OUN D S F OR I M PEAC HMENT?

TRE ASON
Any person who, owing allegiance to the Government of the Philippines, not being a
foreigner, levies war against it or adheres to its enemies by giving them aid or comfort
within the Philippines or elsewhere. (Article 114, Revised Penal Code)
Instituted in the 1935 Constitution (Record of the Constitutional Convention of 1934, pp. 854 – 855)

BRIBE RY
Any public officer who shall agree to perform an act constituting a crime, in connection
with the performance of his official duties, in consideration of any offer, promise, gift or
present received by such officer, 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)

OTHE R HIGH CRIME S

Offenses which, like treason and bribery, are indictable offenses 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 R AFT AN D CORRUPTI O N
A public official 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)

BE TR AYAL OF P UBLIC T R US T
Betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power,
breach of official duty by malfeasance or misfeasance, cronyism favoritism, etc. to the
prejudice of public interest and which tend to bring the office into disrespute. (Record
of the Constitutional Commission of 1986, p. 272)
Instituted in the 1987 Constitution

WH O W I E L D S THE P OW E R TO I M P EAC H?

The Philippine Congress holds the sole power in the impeachment process.

2 HO US ES

HO U SE O F RE PRE SE N TATIVE S S ENAT E

The House of Representatives Senate tries and decides on all

initiates all cases of impeachment the cases.

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.

WH O C A N F I L E A N I M P EACHM EN T COMPLAINT?
Any member of the House Any citizen with an endorsement of any
of Representatives member of the House of Representatives.

WH AT A R E T HE P R OCE D UR ES F OR IMPEAC HMENT?

I . FAST-TR ACK PR O CE DURE

If an impeachment complaint or resolution is filed by at least one-third (1/3) of all members of the House, the
Articles of Impeachment shall be sent to Senate for Trial - Article 2, Section 3, Paragraph 4

Complaint

1⁄3
I I . LO NGER 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
Include in Order of Referred to the
through a verified
complaint filed by any 10 Business within 10
session days
3 proper committee
within 3 session days
member of House or a
citizen

OR Committee votes Committee conducts

hearing
Majority Majority
NO YES
Refer to the plenary Plenary votes
60 within 60 days

AT
Resolution and Articles L EA S T
House elects its 1 /3
prosecutors of Impeachment referred
to Senate OR
L ES S
Majority
YE S THAN
Senate as plenary Senate will vote on 1 /3
body drafts its adoption of rules OR
rules on Majority
impeachment NO

TRIAL
Senate issues S TAGE
Senate convenes as
summons to impeachment court
respondent

Senate receives
Respondent
testimonial and
appears and files Senators interpose
documentary
answers questions
evidence

Removal from office and/or Submission for

permanent disqualification OR
voting
CON V I C T ED ACQ U I T T ED

H O W MA NY VOTES A R E N E ED ED TO AFFIRM OR OVERRIDE THE

AR T I C L E S O F I M P E ACHM EN T OF TH E COMMIT TEE?

PAR AGR APH ( 3)

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. 
CONSTITUTION
Art. XI Sec. 3 Par. 3, 1987 Constitution of the Philippines

PAR AGR APH ( 4)

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. 

Art. XI Sec. 3 Par. 4, 1987 Constitution of the Philippines

1 2
IMPEACHMENT IMPEACHMENT
COMPLAINT COMPLAINT
HOUSE OF REPRESENTATIVES

A complaint can be submitted to the

One-third of the House Committee on Justice as with any bill, and
can sign an impeachment debated and voted upon in committee, and if
complaint, which, upon approved, submitted for plenary debate and
The one-third vote can be achieved in submission, is
consideration. The entire House can then vote
two ways: automatically sent to the
to approve or disapprove the impeachment
Senate without need for
deliberation or debate.
complaint. If one-third of the House votes in
favor, it is then sent to the Senate as the
Articles of Impeachment.

C A N T H E P R OCESS B E FA ST-TR ACKED?

Yes. The Constitution provides that if at least one-third of all members of the House
files a complaint or resolution of impeachment, the trial by the Senate will
commence.

CONSTITUTION

H O W I S A N I MP EACHM EN T TR I A L CO NDUC TED?

They are conducted according to rules adopted by each Senate.
In the absence of specific rules enumerated in the Senate Rules,
the Rules of Court will be followed in the order of the
presentation of evidence.

H O W I S CO NVI C TI ON OR ACQUI T TAL DE TERMINED?

The standard of proof required is

not “beyond reasonable doubt,”
because an impeachment is not a criminal trial.

The Impeachment Court is not a Court of Law.

Senators are expected to vote It is a POLITICAL process, NOT criminal.
according to their conscience. The Rules of Court are adopted for procedural purposes,
and are therefore supplementary in nature to the Senate
Rules on Impeachment.

H O W MA NY VOTES A R E N E ED ED TO CONVIC T AN OFFIC IAL DURING

AN I M P E AC HM EN T TR I A L ?

Negative votes
8 16
Votes are
can prevent required to
A vote of at least two-thirds of all conviction on any convict on any
members of the Senate for any article article
one article of impeachment is
needed for conviction.

W H AT I S T H E R E SULT OF A CON V I C TIO N?

PAR AGR APH ( 7) Art. XI Sec. 3 Par. 7, 1987 Constitution of the Philippines

Judgment in cases of impeachment shall not extend further than:

The Senate can additionally impose the

Removal from penalty of disqualification from holding
CONSTITUTION
office any office 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.

AR E T H E R E L I M I TS TO THE I M P EACHMENT PR O C ESS?

PAR AGR APH ( 5) Art. XI Sec. 3 Par. 5, 1987 Constitution of the Philippines

No impeachment proceedings shall be initiated against the same official more than
once within a period of one year.
Any conviction in impeachment is beyond the President’s
CONSTITUTION
power of executive clemency.

AR E I M P E AC HM E N TS S UB JEC T TO JUDIC IAL RE VIE W?

CONSTITUTION

The Supreme Court has the power to review cases of

SU P R E ME CO U R T 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

IM P E AC H M E N T: THEOR E TI C A L A N D PO LITIC AL SC IENC E THO UGHT

Impeachment: “a method of National Inquest into

the conduct of public men”

ALEXANDER HAMILTON “The design of

impeachment is to remove
One of the Founding Fathers
the impeachable officer
of the USA, Economist and
from office, not punish him.
Political Philosopher.
An impeachment act need Abuse or violation of public trust is POLITICAL, as
not be criminal.” they relate chiefly to injuries done immediately
to the society itself.

Public opinion is The Senate is the fit depository of this

expected to play a trust; they deal with political nature.
part in the
impeachment
The Supreme Court deals
process.
with the administration of
justice.

H I S TO R I C A L DATA
1935 1940 1973 1987

Impeachment was to Amendments to the An additional offense Reinstated the

be conducted by a Constitution, was added: graft and bicameral House, from
committee of the impeachment should corruption, previous constitutions
unicameral legislature - be initiated in the government was back of 3/4 votes moved to
the National Assembly House of to a unicameral 1/3; added betrayal of
Representatives and procedure (the Public trust to the
tried at the Senate Batasan Pambansa) offenses

Since 1935, only three officials have been impeached: President Joseph Ejercito Estrada, Ombudsman
Merceditas Gutierrez, and Chief Justice Renato C. Corona.

CHARGES FILED BY R E S U LT

Wasting and misappropriation

of public funds.

Abuse of power, violation of

PRES. ELPIDIO laws, and immoral extravagance.
QUIRINO
Intervention prejudicial to the
public interest in the transaction
wherein his brother Antonio was
in connivance with a Soviet
citizen.
Juan Rodriguez on April Dismissed on April 29, 1949
28, 1949 due to lack of factual and legal
Aiding and abetting graft and
basis
corruption.

Gross official misconduct and

acts, which deprived the
government of substantial
revenue.

CHARGES FILED BY R E S U LT

Allegedly illegally importing rice

for the Armed Forces and
violating the Anti-Graft and Rep. Arturo M. Tolentino on, April Dismissed on June 24, 1964,
PRES. 12, 1964 in committee
Corrupt Practices Act.
DIOSDADO
MACAPAGAL

CHARGES FILED BY R E S U LT

Graft, economic plunder,

unexplained wealth,
cronyism, 58 opposition lawmakers on Resolution rejected  by the
and other crimes August 13, 1985 Batasan Pambansa seven hours
PRES. FERDINAND later for being “insufficient in
MARCOS form and substance.”

CHARGES FILED BY R E S U LT

Graft and corruption,

betrayal of public trust,
culpable violations of the Oppostion Bloc led by House Impeached on November 13,
Constitution Minority Leader Feliciano 2000. Transmitted to the
PRES. JOSEPH
Belmonte Jr. on October 19, Senate on November 14, 2000.
ESTRADA 2000 Trial commenced on 
December 7, 2000.
Impeachment trial ended
after prosecutors walked out
on January 16, 2001
CHARGES FILED BY R E S U LT

Bribery, culpable violations

of the Constitution, betrayal
of public trust Ernesto Francisco on Dismissed on December 18,
November 6, 2001 2001
OMBUDSMAN
ANIANO
DESIERTO

CHARGES FILED BY R E S U LT

Graft and corruption

Rep. Felix Fuentebella, Dismissed on November 19,

CHIEF JUSTICE HILARIO
Joseph Ejercito Estrada, on 2003 when House Plenary
DAVIDE October 23, 2003 voted not to transmit the
Articles of Impeachment to
the Senate

CHARGES FILED BY R E S U LT

Culpable violations of the

Constitution, bribery and
graft and corruption, and Oliver Lozano, Dismissed on  August 31, 2005
betrayal of public trust Jose Lopez on 2005 for complaint being
PRES. GLORIA
“insufficient in substance”
ARROYO
Cheating her way to the
presidency, corruption,
political killings, and June 26, 2006  Dismissed on August 26, 2006
violation of the Constitution 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 

Teofisto Guingona, Jr. 
Endorsed by Rep. Teofisto
Guingona III
 
June 28, 2006
Bishop Deogracias Iñiguez
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
Casiño
 

Betrayal of public trust,

culpable violation of the Roberto Rafael Pulido on Dismissed on November 14,
Constitution, bribery, graft October 5, 2007 2007
and corruption, and other
high crimes
Jose "Joey" de Venecia III, Dismissed on November 26,
Rolex Suplico, Harry Roque 2008
Endorsed by Bayan Muna
Reps. Satur Ocampo, Teddy
Casino, and Gabriela Rep.
Liza Maza in October 18, 
2008

CHARGES FILED BY R E S U LT

Betrayal of public trust and

culpable violation of the
Constitution. Thirty-one civil society Impeached on March 22, 2011
OMBUDSMAN leaders led by former Senate
MERCEDITAS President Jovito Salonga in
GUTIERREZ 2009; Akbayan and Bagong
Alyansang Makabayan in
2010

CHARGES FILED BY R E S U LT

Betrayal of public trust, graft

and corruption, and culpable
Ana Theresia Impeached on December 12,
violation of the Constitution.
CHIEF JUSTICE RENATO Hontiveros-Baraquel, 2011. Articles of Impeachment
CORONA Rodolfo Lozada Jr., Juan transmitted to the Senate on
Carlo Tejano, and Lea Lopez December 13, 2011. Trial
Navarro on December 12, commenced on January 16,
2011 2012. Convicted on May 29,
2012 by a vote of 20–3.
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,
definition of impeachment • West’s 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