Philippine Impeachment Law 101

Before any Filipino should open his mouth or post an opinion in social media, he should know, at the very least, 13 very important laws and principles on Philippine impeachment. Otherwise, he or she shall look stupid.

All Filipinos, including those who are closely observing how the current administration is raining impeachment charges against VP Sara Duterte, should go back to basics and study the fundamental principles about Philippine impeachment law. Knowledge of the Constitution and of the controlling jurisprudence is essential before we can have intelligent discourse and debates on impeachment,

First, impeachment is not a court case but a parliamentary or political process. In court, evidence of guilt is first and foremost and objectivity of the judges is essential. In impeachment, having the required number of supporters in the House and in the Senate is what matters most. And, as in the case of Chief Justice Renato Corona, he could have been acquitted in court but he was convicted by the Senate.

Second, President Joseph Estrada was impeached by the House, but before the Senate could finish his trial EDSA II took place and the Supreme Court declared that Erap constructively resigned. Both Ombudsman Merceditas Gutierrez and Comelec chairman Andres Bautista were impeached by the House but they resigned before the Senate could try them.

Corona was impeached by the House and convicted by the Senate by a vote of 20 to 3. Only Senators Miriam Santiago, BBM, and Joker Arroyo voted to acquit him. Chief Justice Ma. Lourdes Sereno was not impeached, she was removed by a petition for quo warranto.

Third, all Filipinos should read the most important impeachment law, Article XI of the Philippine Constitution, authored by a great Cebuano from Argao, former 1987 constitutional commissioner then later chief justice, Hilario G. Davide, Jr. Fourth, only the following can be impeached: The president, the vice president, justices of the Supreme Court, Chairs, and members of the Comelec, the heads of COA, the Civil Service Commission, and the ombudsman. You cannot impeach the senators, the congressmen, the governors, and the mayors.

Fifth, any Filipino can file an impeachment charge but it needs to be endorsed by a member of the House. Impeachment can be done by the House by a vote of only one third of the House members. Since there are 318 members of the House today, a vote of 106 can impeach VP Sara. That is too easy for the Speaker and for the Quadcomm to obtain. The fate of the vice president is already sealed.

Sixth, the only grounds for impeachment are: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust. Seventh, the official records of proceedings containing the many testimonies under oath by various witnesses who were examined by the House Quad Committee and the Senate Blue Ribbon and other Committees can be used as evidence to be presented before the Senate trial.

Eighth, a two-thirds vote of the 24-member Senate is required to convict. That means a vote of 16. That could be very easy for the administration party to get, especially after the 2025 senatorial polls. Ninth, conviction by the Senate means only removal from office. It does not include imprisonment or other accessory penalties.

Tenth, the impeached and convicted officials can still be prosecuted for the same offenses without violating the rule against double jeopardy. If convicted on those criminal charges, then he or she can be imprisoned. Eleventh, the conviction before the court can carry the accessory penalty of perpetual disqualification from holding any government position, whether elective or appointive. That will be the end of the vice president's career, if at all.

Twelfth, if and when the position of the vice president becomes vacant, then the Senate can elect from among themselves a replacement. There is a precedent, when then VP GMA became president, Senator Teofisto Guingona Jr. was elected by the Senate and he did become the first vice president under GMA, albeit Guingona later denounced GMA in the "Hello, Garci" brouhaha. But that is another story.

And thirteenth, my unsolicited advice to VP Sara: resign before she can be tried by the Senate to avoid further trauma and more stigma. Then prepare to stage a dramatic presidential fight in 2028.