Dear Attorney Reyes,
I’ve been following the news about the ongoing impeachment complaint filed by some members of Congress against Vice President Sara Duterte. Can all public officials be impeached? How does the impeachment process work? What are the effects of an impeachment?
– Mr. Uniteam
Dear Mr. UniTeam
Not all public officials are impeachable. Under the Philippine Constitution, only specific officials may be impeached, including the President, the Vice President, Justices of the Supreme Court, Members of the Constitutional Commissions, and the Ombudsman. Other public officials and employees may be removed from office as provided by law, but not through the impeachment process.
An impeachable official may be removed from office if found guilty of any of the following grounds: culpable violation of the Constitution, treason, graft and corruption, bribery, other high crimes, or betrayal of public trust.
The impeachment process begins in the House of Representatives, which has the exclusive power to initiate impeachment cases. A resolution of impeachment must be affirmed by at least one-third of all Members of the House of Representatives. Once approved, the Articles of Impeachment are sent to the Senate for trial.
The Senate has the sole power to try and decide impeachment cases. For an official to be convicted, the concurrence of at least two-thirds of all Senate Members is required.
If an official is convicted by the impeachment court, the consequences may include removal from public office and disqualification from holding any future public office under the Republic of the Philippines.
I hope this explanation provides clarity on the impeachment process as outlined in Article XI of our Philippine Constitution.
Sincerely,
Atty. Wowie Reyes
