Impeachment in the Philippines
Encyclopedia
Impeachment in the Philippines is an expressed power of the Congress of the Philippines
to formally charge a serving government official with an impeachable offense. After being impeached
by the House of Representatives
, the official is then tried in the Senate
. If convicted, the official is either removed from office or censure
d.
Impeachment followed by conviction is often the only way to forcibly remove a sitting official. While "impeachment" is often used to refer to the entire process of removing an official from office, it only formally refers to the indictment stage in the House of Representatives, not the trial stage in the Senate. Under the current Constitution
, an official can be impeached if one third of the House of Representatives votes in favor. Since it takes only a simple majority to set the agenda or to adjourn the House, it can be difficult for a minority of one third to bring a vote and impeach an official.
in Manila
, using government funds to purchase furniture for the Presidential Palace, and linking him to alleged diamond smuggling. A Congressional committee rejected his compliant for lack of factual and legal basis.
Diosdado Macapagal in 1964 was accused of illegally importing rice to build public support in an election, illegally dismissing officials, using the military to intimidate the political opposition, and ordering the deportation of an American businessman who was in the custody of Congress in violation of the separation of governmental powers. A Congressional committee dissed all the charges.
Ferdinand Marcos was accused by 56 lawmakers on 1985 of graft, economic plunder, unexplained wealth, granting monopolies too cronies, and other crimes. the following day the National Assembly committee dismisses the complaints after roughly five hour of discussions for continuing unsupported conclusions.
Corazon Aquino was accused by law makers in 1988 of graft and violating the Constitution. the charge were rejected the following month due to lack of evidence.
Joseph Estrada was accused of bribery, graft and corruption, betrayal of public trust, and culpable violation of the Constitution during the impeachment of 2000, to determine the accusations, the House of Representatives choose 11 members to act as prosecutors with the Senate as the impeachment court and the senators as judges
On November 13, 2000 Representative Manny Villar, then the speaker of the House of Representatives, sent the article of impeachment to the Senate of the Philippines for trial.
The impeachment trail started on December 7, 2000 and was aborted on January 16, 2001 after the House prosecutors walkedout from the impeachment proceedings, to protest against the perceived dictatorial tendency of the eleven senator-judges, who supported joeseph Estrada, this walout led to EDSA Revolution of 2001 and the downfall of president Estarada.
Gloria Macapagal-Arroyo was accused in 2005, 2006, 2007 and 2008 impeachment complaints for different imputations, specially attempting lying, cheating and stealing during 2004 presidential election
against opposition candidate Fernando Poe, Jr.. However all impeachment cases were failed due to absence of one third vote from the members of the Congress.
COMELEC commisioner Luzviminda Tangcanco was accused of graft and corruption, betrayal of public trust and culpable violation of the Constitution. She allegedly showed bias for the multi-billion-peso voters registration and information system (VRIS) project, deciding to undertake it despite the lack of funds.
Chief Justice Hilario Davide was accused of culpable violation of the Constitution, betrayal of the public trust and other high crimes
COMELEC Chairman Benjamin Abalos Sr. was accused of ZTE national broadband network (NBN) deal and Hello Garci controversy, he resign eventually
Ombudsman Merceditas Gutierrez Impeach on March 22, 2011 on charges of the office's underperformance and failure to act on several cases during then-President Gloria Macapagal-Arroyo
's administration. The first impeachment complaint against Gutierrez was filed in 2009, but was dismissed later in that year in a House dominated by Arroyo's Lakas Kampi CMD party.
Other officials can be removed from offices but not by impeachment: those under the executive department may be dismissed by the president; members of Congress can be expelled by two-thirds vote of the chamber the member is a part of; local elected officials can be removed from office through recall.
In the 1935 and 1973 constitutions, the President, the Vice President, the Justices of the Supreme Court, and the Auditor General were the impeachable officials.
In the 1935 and 1975 constitution, betrayal of public trust was not an impeachable offense.
is defined as "Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere."
in two forms:
purposely refused to define the meaning of "other high crimes or betrayal of public trust
," saying that it is "a non-justiciable political question which is beyond the scope of its judicial power." However, the Court refuses to name which agency can define it; the Court impliedly gives the power to the House of Representatives, which initiates all cases of impeachment.
In the 1935 constitution, a two-thirds vote was needed to impeach an official by the House of Representatives, while a three-fourths vote in the Senate was required to convict.
There has also been debate about whether a year should be a calendar year, say 2006, or a full 12-month period. An example of how this limit works in practice are the attempts to impeach President Gloria Macapagal-Arroyo
. While the Philippine impeachment procedures parallel the United States' impeachment procedures
, the two procedures differ in two significant ways: the percentage needed to impeach and the numerical limit on impeachment procedures.
Congress of the Philippines
The Congress of the Philippines is the national legislature of the Republic of the Philippines. It is a bicameral body consisting of the Senate , and the House of Representatives although commonly in the Philippines the term congress refers to the latter.The Senate is composed of 24 senators half...
to formally charge a serving government official with an impeachable offense. After being impeached
Impeachment
Impeachment is 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....
by the House of Representatives
House of Representatives of the Philippines
The House of Representatives of the Philippines is the lower chamber of the...
, the official is then tried in the Senate
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
. If convicted, the official is either removed from office or censure
Censure
A censure is an expression of strong disapproval or harsh criticism. Among the forms that it can take are a stern rebuke by a legislature, a spiritual penalty imposed by a church, and a negative judgment pronounced on a theological proposition.-Politics:...
d.
Impeachment followed by conviction is often the only way to forcibly remove a sitting official. While "impeachment" is often used to refer to the entire process of removing an official from office, it only formally refers to the indictment stage in the House of Representatives, not the trial stage in the Senate. Under the current Constitution
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
, an official can be impeached if one third of the House of Representatives votes in favor. Since it takes only a simple majority to set the agenda or to adjourn the House, it can be difficult for a minority of one third to bring a vote and impeach an official.
Presidents
Elpidio Quirino was accused in 1949 of using government funds to renovate Malacanang PalaceMalacañang Palace
The Malacañan Palace, commonly known simply as Malacañang, is the official residence and principal workplace of the President of the Philippines. Located at 1000 J. P. Laurel Street, San Miguel, Manila, the house was built in 1750 in Spanish Colonial style. It has been the residence of every...
in Manila
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...
, using government funds to purchase furniture for the Presidential Palace, and linking him to alleged diamond smuggling. A Congressional committee rejected his compliant for lack of factual and legal basis.
Diosdado Macapagal in 1964 was accused of illegally importing rice to build public support in an election, illegally dismissing officials, using the military to intimidate the political opposition, and ordering the deportation of an American businessman who was in the custody of Congress in violation of the separation of governmental powers. A Congressional committee dissed all the charges.
Ferdinand Marcos was accused by 56 lawmakers on 1985 of graft, economic plunder, unexplained wealth, granting monopolies too cronies, and other crimes. the following day the National Assembly committee dismisses the complaints after roughly five hour of discussions for continuing unsupported conclusions.
Corazon Aquino was accused by law makers in 1988 of graft and violating the Constitution. the charge were rejected the following month due to lack of evidence.
Joseph Estrada was accused of bribery, graft and corruption, betrayal of public trust, and culpable violation of the Constitution during the impeachment of 2000, to determine the accusations, the House of Representatives choose 11 members to act as prosecutors with the Senate as the impeachment court and the senators as judges
On November 13, 2000 Representative Manny Villar, then the speaker of the House of Representatives, sent the article of impeachment to the Senate of the Philippines for trial.
The impeachment trail started on December 7, 2000 and was aborted on January 16, 2001 after the House prosecutors walkedout from the impeachment proceedings, to protest against the perceived dictatorial tendency of the eleven senator-judges, who supported joeseph Estrada, this walout led to EDSA Revolution of 2001 and the downfall of president Estarada.
Gloria Macapagal-Arroyo was accused in 2005, 2006, 2007 and 2008 impeachment complaints for different imputations, specially attempting lying, cheating and stealing during 2004 presidential election
Philippine presidential election, 2004
The Philippine presidential and vice presidential elections of 2004 was held on Monday, May 10, 2004. In the presidential election, incumbent president Gloria Macapagal-Arroyo successfully won a full six-year term as President, with a margin of just over one million votes over her leading opponent,...
against opposition candidate Fernando Poe, Jr.. However all impeachment cases were failed due to absence of one third vote from the members of the Congress.
Other Government officials
Ombudsman Aniano Desierto was criticized by some for not aggressively investigating and prosecuting cases of corruption. The impeachment failedCOMELEC commisioner Luzviminda Tangcanco was accused of graft and corruption, betrayal of public trust and culpable violation of the Constitution. She allegedly showed bias for the multi-billion-peso voters registration and information system (VRIS) project, deciding to undertake it despite the lack of funds.
Chief Justice Hilario Davide was accused of culpable violation of the Constitution, betrayal of the public trust and other high crimes
COMELEC Chairman Benjamin Abalos Sr. was accused of ZTE national broadband network (NBN) deal and Hello Garci controversy, he resign eventually
Ombudsman Merceditas Gutierrez Impeach on March 22, 2011 on charges of the office's underperformance and failure to act on several cases during then-President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
's administration. The first impeachment complaint against Gutierrez was filed in 2009, but was dismissed later in that year in a House dominated by Arroyo's Lakas Kampi CMD party.
Impeachable officials
- President of the PhilippinesPresident of the PhilippinesThe President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
- Vice-President of the Philippines
- Justices of the Supreme Court of the PhilippinesSupreme Court of the PhilippinesThe Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
- Members of the Constitutional Commissions:
- Commission on ElectionsCommission on Elections (Philippines)The Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....
- Civil Service CommissionCivil Service Commission (Philippines)The Civil Service Commission of the Philippines is a government agency which deals with civil service matters and conflict resolution. It is tasked with the responsibility of overseeing the integrity of government actions and processes. The commission was originally founded in 1900 through Act...
- Commission on Audit
- Commission on Elections
- Ombudsman
Other officials can be removed from offices but not by impeachment: those under the executive department may be dismissed by the president; members of Congress can be expelled by two-thirds vote of the chamber the member is a part of; local elected officials can be removed from office through recall.
In the 1935 and 1973 constitutions, the President, the Vice President, the Justices of the Supreme Court, and the Auditor General were the impeachable officials.
Impeachable offenses
The Constitution limits the offenses to the following: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.In the 1935 and 1975 constitution, betrayal of public trust was not an impeachable offense.
Culpable violation of the constitution
For purposes of impeachment, "culpable violation of the constitution" is defined as "the deliberate and wrongful breach of the Constitution." Furthermore, "Violation of the Constitution made unintentionally, in good faith, and mere mistakes in the proper construction of the Constitution do not constitute and impeachable offense."Treason
According to the Revised Penal Code, treasonTreason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
is defined as "Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere."
Bribery
The Revised Penal Code defines briberyBribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
in two forms:
- Direct bribery is "committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another."
- Indirect bribery is "committed by a public officer when he accept gifts offered to him by reason of his office."
Graft and corruption
Any violation of the Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act is an impeachable offense.Other high crimes or betrayal of public trust
In Francisco Jr. vs. Nagmamalasakit na mga Manananggol ng mga Manggagawang Pilipino, Inc., the Supreme CourtSupreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
purposely refused to define the meaning of "other high crimes or betrayal of public trust
Public trust
The concept of the public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever trust the public places in its officials must be respected....
," saying that it is "a non-justiciable political question which is beyond the scope of its judicial power." However, the Court refuses to name which agency can define it; the Court impliedly gives the power to the House of Representatives, which initiates all cases of impeachment.
Impeaching officials
- Any citizen with an endorsement of a member of the House of Representative may file charges.
- The House Committee on Justice will decide by majority vote if the complaint has substance.
- The House Committee on Justice will decide by majority vote if the complaint is sufficient in form.
- The House Committee on Justice will decide by majority vote if the complaint is sufficient in grounds.
- The House Committee on Justice will decide by majority vote if there is probable cause in the complaint.
- The House of Representatives will vote to impeach the official. A one-third vote is needed.
- If the vote passes, the complaint will become the "Articles of Impeachment" and the House will appoint prosecutors who may or may not be members of the House.
- If the vote fails in any part of the procedure, the official accused can't be filed for impeachment for one calendar year.
- The Senate will then try the impeached official. Conviction requires a two-thirds vote.
- If convicted, there are two punishments the Senate can mete out:
- CensureCensureA censure is an expression of strong disapproval or harsh criticism. Among the forms that it can take are a stern rebuke by a legislature, a spiritual penalty imposed by a church, and a negative judgment pronounced on a theological proposition.-Politics:...
or a reprimand, or - Removal from office and prohibition to hold any governmental office
- Censure
In the 1935 constitution, a two-thirds vote was needed to impeach an official by the House of Representatives, while a three-fourths vote in the Senate was required to convict.
Limits
The 1987 (current) constitution limits the number of impeachment complaints that can be filed against an official to one per year. There has been controversy over what counts as an impeachment complaint. While some argued that for a complaint to count against the limit it must be voted on, and others have proposed other interpretations, the House has decided that any complaint filed fulfills the quota regardless of how well-formed it is or who filed it. Therefore, supporters of a vulnerable official can file a weak, flawed, or unconstitutional complaint, thereby using up the quota and protecting that official from impeachment for that year.There has also been debate about whether a year should be a calendar year, say 2006, or a full 12-month period. An example of how this limit works in practice are the attempts to impeach President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
. While the Philippine impeachment procedures parallel the United States' impeachment procedures
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
, the two procedures differ in two significant ways: the percentage needed to impeach and the numerical limit on impeachment procedures.