IMPEACHMENT

Definition: 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
censured.

WHO MAY BE IMPEACHED

1. The President,
2. Vice-President,
3. the Members of the Supreme Court,
4. the Members of the Constitutional Commissions, and
5. the Ombudsman.

NOTE: This list of officers is exclusive. All other public officers and employees may be removed from office as
provided by law, but not by impeachment.

GROUNDS FOR IMPEACHMENT

1. culpable violation of the Constitution,
2. treason,
3. bribery,
4. graft and corruption,
5. other high crimes,
6. or betrayal of public trust.

NOTE: These grounds are exclusive and offenses not falling within these parameters shall not be sufficient for
impeachment purposes.

PROCESS:
1. House of Representatives, which has the exclusive power to initiate all cases of impeachment.
1. A verified complaint must be filed by either a Member of the House of Representatives or by any
citizen upon a resolution of endorsement by any Member thereof.
2. Once the verified complaint has been filed it 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.
3. The resolution shall be calendared for consideration by the House within ten session days from
receipt thereof.
4. In the committee hearings, 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. If however, 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
5. The Senate has the sole power of 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.

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

Francisco vs. HRET

The initiation takes place by the act of filing and referral or endorsement of the impeachment complaint to the
House Committee on Justice or, by the filing by at least one-third of the members of the House of
Representatives with the Secretary General of the House, the meaning of Section 3 (5) of Article XI becomes
clear. Once an impeachment complaint has been initiated, another impeachment complaint may not be filed
against the same official within a one year period

2. 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.

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

4. Court has the power to review the impeachment proceeding. The Constitution was equivocal in
granting the judiciary, moreover the SC, the duty to settle controversies that are legally demandable and
enforceable. It has been vested the duty to check if there is any grave abuse of discretion on the part of
any branch or office of government. In this petition wherein the constitutionality of the impeachment
proceeding is questioned, no one has the power to interpret the fundamental law of the land and answer
the issue of constitutionality other than the SC. Given such, even if the legislative that commences and
administers impeachment proceedings, it is not a bar for the SC to inquire about their actions especially
if constitutionality is involved