Friday, January 20, 2012

The 1987 Constitutional Provisions on Impeachment

The reader of this politics blog can now access online the full text of the 1987 Philipine Constitution at the download site of our afiliated site http://extreme.adorio-research.org. Here are the pertinent provisions on Impeachment.


ARTICLE
XI
ACCOUNTABILITY OF PUBLIC OFFICERS

Section
1.
 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.

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.

Section
3.

  1. The
    House of Representatives shall have the exclusive power to initiate
    all cases of impeachment.

  2. 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.

  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.

  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.

  5. No
    impeachment proceedings shall be initiated against the same official
    more than once within a period of one year.

  6. 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.

  7. 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.

  8. The
    Congress shall promulgate its rules on impeachment to effectively
    carry out the purpose of this section.

Click for a timeline of the trial.

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