IMPEACHMENT

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 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:

ARTI CLE I I SOVEREI GNTY R ESID ES IN T H E P EOP 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 RT ICLE XI PUB LIC OFFI CE I S A P UBLI C 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 ABOU T O U R E LECTORAL PROCESS?

What if an executive, after ascending to office, 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 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, should be restricted to only two: removal from
or property were best left office and/or permanent disqualification from
to the determination of
holding further office.
courts of law.

W H AT I S I M PEAC H MEN T ?

TRUST

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

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

W H O A R E S UB JEC T TO IMPEAC HME NT?

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

W H AT A R E T H E G RO UN DS FOR IMP E ACHME NT?

TREASON
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)

BRIBERY
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)

OTHER HIG H CRIMES

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 RAFT AND 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)

BETRAYAL OF PUBLIC TRUST

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

W H O WI E L DS T H E POWER TO IMP E ACH?

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

2 HO U S ES

HOUSE OF REPRESENTATIVES S ENAT E

The House of Representatives Senate tries and decides on

initiates all cases of impeachment all 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.

W H O C AN F ILE A N IMPEAC H MENT COMP LAINT?

Any member of the House Any citizen with an endorsement of any
of Representatives member of the House of Representatives.

W H AT A R E T H E PROC ED URES FOR IMP E ACHME NT?

I . FAST-T RAC K PROCED URE

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 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
Include in Order Referred to the
through a verified
complaint filed by any 10 of 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 EAST
House elects its 1 /3
prosecutors of Impeachment
referred to Senate OR
L ESS
M aj or i ty
YES T H AN
Senate as Senate will vote on 1 /3
plenary body adoption of rules OR
drafts its rules on M aj or i ty
impeachment NO

TRIAL
Senate issues STAGE 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 Submission

and/or permanent OR for voting
disqualification 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 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

PARAGRAPH (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.

CAN TH E P ROC ESS BE FAST-T RACKE D?

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 OW I S A N IMPEAC H MEN T T RIA L CONDUCTE D?

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 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,”
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 OW M AN Y VOT ES A RE N EED ED TO CONVICT AN OFFICIAL

DUR I N G A N IMPEAC H MEN T T RIAL?

8
Negative votes
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.

WH AT I S THE RES ULT O F A CO N V ICTION?

PA RAGRAPH (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 TH E R E LIMITS TO T H E IMPE ACHME NT P ROCE SS?

PA RAGRAPH (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 ACH MEN TS S UBJEC T TO J UDICIAL RE VIE W ?

CONSTITUTION

The Supreme Court has the power to review cases of

SUPR E ME COU RT 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 EN T: T H EORET IC A L A ND P OLITICAL SCIE NCE THOUGHT

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,
not be criminal.” as 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 STO R I C AL 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,
committee of the impeachment should corruption, from previous
unicameral legislature be initiated in the government was back constitutions of 3/4
- the National House of to a unicameral votes moved to 1/3;
Assembly Representatives and procedure (the added betrayal of
tried at the Senate Batasan Pambansa) Public trust to the
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
QUIRINO extravagance.

Intervention prejudicial to the

public interest in the
transaction wherein his brother
Antonio was in connivance with
Juan Rodriguez on Dismissed on April 29, 1949
a Soviet citizen.
April 28, 1949 due to lack of factual and legal
basis
Aiding and abetting graft and
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, Dismissed on June 24,
PRES. April 12, 1964 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,
ESTRADA 2000 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
Joseph Ejercito Estrada, on 2003 when House Plenary
HILARIO 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,
betrayal of public trust Jose Lopez on 2005 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,
violation of the Constitution Bienvenido Lumbera 2006
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
violation of the 188 congressmen including Impeached on December 12,
CHIEF JUSTICE Constitution. Reps. Niel Tupas Jr., 2011. Articles of
RENATO CORONA Joseph Emilio Abaya, Impeachment transmitted to
Lorenzo Tanada, Reynaldo the Senate on December 13,
Umali, and Arlene J. 2011. Trial commenced on
Bag-ao 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, 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

Updated 1/21/12