IMPEACHMENT

So, everybody's talking about impeachment nowadays! Let’s learn a few basic things.  




 

What is it anyway? Impeachment refers to the power of Congress to remove a public official for serious crimes or misconduct as provided in the Constitution. A mechanism designed to check abuse of power, impeachment has its roots in Athens and was adopted in the United States (US) through the influence of English common law on the Framers of the US Constitution. (Corona vs. Senate, G.R. No. 200242, July 17, 2012). https://lawphil.net/judjuris/juri2012/jul2012/gr_200242_2012.html

 

Are all public officers impeachable? No. Under Article XI, Section 2 of the 1987 Constitution, only the following are impeachable officers:

1. The President

2. The Vice-President

3. Members of the Supreme Court

4. Members of the Constitutional Commissions, i.e., Civil Service Commission,

Commission on Audit, and Commission on Elections

5. The Ombudsman

 


Can you impeach those officers mentioned above for whatever reason? No. Impeachment may only be done based on the following grounds:  

1. Culpable violation of the Constitution

2. Treason

3. Bribery

4. Graft and corruption

5. Other high crimes, or

6. Betrayal of public trust [Constitution, Art. XI, Sec. 2)

 

Can the Judiciary examine the propriety of impeachment proceedings? The Supreme Court said that regardless of the political result, it will not evade its duty to declare when an act is done with grave abuse of discretion amounting to an excess of jurisdiction of any department, organ, or office. The impeachment process is primarily a legal and constitutional procedure but with political characteristics. It may be sui generis, but it is not a purely political proceeding. This means that the Bill of Rights, especially the due process clause and the right to speedy disposition of cases, applies to the entire impeachment process. (Sara Z. Duterte vs. House of Representatives, G.R. No. 278353, and Toreon, et al. vs. House of Representatives, G.R. No. 278359, consolidated, July 25, 2025)

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69958

 

 

 

 



sMiLe!!

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