Impeachment based on betrayal of public trust

The president has already thumbed down the possible impeachment of the vice president. But the highest law of the land explicitly empowers the House of Representatives to formally charge the vice president and other officials and gives legal authority to the Senate to try and either acquit or convict such a public servant. And Congress is not under the president. It is independent.

Article XI, Section 2 of the Constitution provides: "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 and other high crimes or betrayal of public trust." Senator Francis Tolentino wrote in 2022 that the inclusion of ' betrayal of public trust' as a ground for impeachment was to deter arguments that no ground for impeachment can be invoked if the acts or omissions are neither punishable nor considered penal offense.

Based on the records of deliberations by the 1987 Constitutional Commission, according to the senator, such a ground was "a catch-all phrase to include all acts which are not punishable by statutes as penal offenses, but nonetheless, render the officer unfit to continue in office. It includes 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 in disrepute." In the light of all this, there is a grave and imminent danger that the House may proceed to impeach the vice president.

The late Senator Miriam Defensor Santiago, in 2012, delivered a privilege speech, where she stated that the technical rules of evidence used in judicial proceedings do not apply to an impeachment trial. But since impeachment is a quasi-judicial trial, it should inquire into the facts and the law on the matter without partisan or narrow political bias and proceed to judgment accordingly. The goal is total impartiality. However, since impeachment is also quasi-political, senators usually vote according to the political stand of their respective political affiliations.

In 1949, President Elpidio Quirino was charged with using public funds to purchase furniture to renovate the presidential palace. Congress dismissed the attempt at impeachment. In 1964, President Diosdado Macapagal was accused of importing rice to promote his campaign for reelection. Congress also dismissed the charge. In 1985, President Marcos Sr., was charged by 56 legislators of graft, plunder, unexplained wealth, granting monopolies to cronies and other crimes. The National Assembly dismissed the charges. Even President Corazon Aquino was accused by some lawmakers of graft and of violation of the Constitution. The accusations were dismissed.

In the year 2000, President Erap was charged with graft, corruption, betrayal of public trust, and culpable violation of the Constitution. The impeachment proceeding was derailed by the walkout by 11 House prosecutors in protest against the senators who apparently favored Erap. EDSA II overtook the impeachment and GMA took over. But GMA herself was besieged by a series of impeachment charges in 2005, 2006, 2007, and 2008. The impeachment complaint was not supported by at least one-third of the House members. PNoy was charged in 2014 of four impeachment charges due to the EDCA, which were dismissed by the House.

In 2017 and 2019, impeachment charges were filed against President Duterte and Vice President Robredo. But they did not prosper. President BBM has not been charged much less impeached. But there is a strong possibility that the vice president may be subjected to impeachment. And her enemies have the numbers.

The president's decision not to make a martyr out of the vice is an astute political move and even makes him gain mileage as a statesman who rises above petty partisan issues. The nation is facing too many problems. This is not the time to rock the boat or the ship of the nation may sink, to the great prejudice of 117 million Filipino people.