(2) Trial by the Senate.

- When the Senate sits in impeachment cases, its members are required to be
under oath or affirmation. (Sec.3[6].) This is because when the Senate tries an impeachment case it sits
as a court of justice rather than as a lawmaking body. When the President of the Philippines is on trial ,
the Chief Justice of the Supreme Court shall preside but shall not vote. (Ibid.)

(3) Requirements for conviction. - To convict an officer, the concurrence of at least 2/3 all of the
members of the Senate (i.e.,16) is necessary. (Sec. 7.) Moreover, his guilt must be established beyond
reasonable doubt as in criminal proceeding.

If the necessary vote is not obtained, the judgment shall be an acquittal. The special majoroty vote is a
safeguard against false conviction.

Penalty in impeachment cases.

The penalty to be imposed on an offixer found guilty of an impeachment charge is limited "to removal
from office and disqualification to hold any ofdice under the Republic of the Philippines." No penalty in
the form of imprisonment or fine may be imposed.

If a criminal offense has bwen committed, the party convicted is still liable and subject to subsequent
prosecution, trial, and punishment, in accordance with "law." i.e., before the courts.

Effect of Resignation

The object of impeachment may not only be the removal of the accused from office but also his
disqualification to hold any office under the Republic of the Philippines. Hence , an official who has
resigned before the commencement of or pending the impeachment proceedings may still be
impeached.

Rules of Impeachment

Section 3(8) Empowers Congress to Promulgate its rule on impeachment to effectively carry out the
purpose of the above provisions on impeachment.

Congress may adopt any method it deems desirable provided it is reasonable and gives the accused full
opportunity to be heard and to present his defenses. In other words, congress is bound to avide by the
constitutional requirement of due process of law. Of course , such rules are subject to the provisions of
section 2 and 3.

The anti-graft court known as the Sandiganbayan.

Under the 1973 constitution, the batasang pambansa was directed to create a special court to be known
as sandiganbayan. This court "shall have jurisdiction over civil and criminal cases involving graft and
corruption practices and such other offences committed by public officers and employees in relation to
their offices as may be determined by law.

The 1973 constitution did not vest in the sandiganbayan exclusive jurisdiction over this cases. In the
exercise of its legislative power, the congress could , therefore , confer , concurrent jurisdiction over
cases graft and corrupt practices to other courts and give the sandiganbayan jurisdiction over other
cases. Under section 4, the sandiganbayan "shall continue to function and exercise its jurisdiction as now
or hereafter may be provided by law."