"WHAT DO YOU NEED TO KNOW ABOUT THE IMPEACHMENT?"

IMPEACHMENT HAS ALWAYS BEEN A MAJOR ISSUE IN THE PHILIPPINES. ANUNDERSTANDING OF THE BASIC FACTS ABOUT IT COULD HELP US PARTICIPATE BETTER IN THE RAGING DEBATES SURROUNDING THE VICE PRESIDENT’S IMPEACHMENT.

On February 4, 2025, the House of Representatives impeached Vice President Sara Duterte based on accusations of bribery, corruption, betrayal of public trust, and culpable violation of the constitution. This made her the first Philippine vice president to be impeached. More than four months after the transmittal of the articles of impeachment to the Senate, the Upper House convened as an impeachment court. Trial is expected to commence later this year, under the 20th Congress.

What exactly is impeachment? Following are some important facts you have to know about this important process.

1. What is impeachment? Impeachement refers to the power of Congress to remove specific public officers for serious crimes or misconduct as provided in the constituion.

2. What is the legal basis for impeachment? Article XI, Section 1 of the 1987 Constitution states that “Public office is a public trust. Public officers and employees must at all times be accountable to the people...” Section 2 identifies impeachment as a way of removing specific public officers.

3. Which officials may be impeached? Article XI, Section 2 of the 1987 Constitution provides an exclusive list of impeachable officers, as follows: a. The President b. The Vice-President c. Members of the Supreme Court d. Members of the Constitutional Commissions e. The Ombudsman

4. What are the grounds for impeachment? The aforementioned constitutional provision identifies the grounds for impeachment: a. Culpable violation of the Constitution b. Treason c. Bribery d. Graft and corruption e. Other high crimes f. Betrayal of public trust 5. What are the stages of impeachment? Impeachment has two stages, namely initiation and trial. a. The initiation stage starts with the filing of a complaint, under oath and under pain of perjury, by a member of the House of Representatives a Filipino citizen and endorsed by a member of the House of Representatives, * at least one-third of the members House of the Representatives (via a resolution) This stage generally involves the filing of an impeachment complaint, ruling on whether or not the complaint is sufficient in form and substance, holding of hearings if necessary, and transmittal of the articles of impeachment to the Senate. An official is “impeached” once the House of Representatives finds sufficient basis to charge him or her. b. The trial stage takes place in the Senate, with the impeached officer being tried based on the articles of impeachment. The senators sit as senator-judges of the impeachment court, with the Senate president as presiding officer. When the Philippine President is on trial, the Supreme Court Chief Justice sits as presiding officer.

 6. What happens if the impeached officer is found guilty? not guilty? If found guilty, the impeached officer shall be removed from office and perpetually barred from holding any government office. If not acquitted, he or she shall continue to hold office.

7. What happens if the impeached officer resigns before the trial starts or before a judgement is made? If the officer resigns before the trial starts, the Senate shall not proceed with the trial. If the trial has started, the proceedings will be preterminated.