Impeachment
What is Impeachment?
Impeachment in the Philippines is what constitutional scholars call "political justice" - a special constitutional mechanism to remove high-ranking officials from office. It's fundamentally different from regular criminal proceedings.
Key Characteristics:
Purpose: Impeachment is designed not to punish but to protect the State. As Justice Story explained, it "touches neither person nor property but simply divests political capacity." The goal is to remove officials who have become unworthy of public trust, not to send them to prison.
Who Can Be Impeached: The President, Vice-President, Supreme Court Justices, Constitutional Commission members, and the Ombudsman.
Grounds: Culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust (which covers violations of the oath of office even if not criminally punishable).
The Two-Phase Process
Phase 1: House of Representatives (Initiation)
- A complaint is filed and referred to committee
- The committee investigates and reports
- At least 1/3 of all House members must vote to send articles of impeachment to the Senate
Phase 2: Senate (Trial)
- Senate has sole power to try impeachment cases
- Requires 2/3 vote of all Senators (not just those present) to convict
- Penalties limited to: removal from office and disqualification from holding future office
How Impartiality is Maintained
This is where the challenge lies. The Constitution recognizes that impeachment is inherently political, yet it includes several mechanisms to promote fairness:
Constitutional Safeguards:
- Oath Requirement: All Senators must be "on oath or affirmation" when sitting for impeachment. This creates a solemn duty to act fairly despite political pressures.
- Special Presiding Officer: When the President is on trial, the Chief Justice presides (though cannot vote), adding judicial gravitas to the proceedings.
- High Conviction Threshold: The 2/3 supermajority requirement means conviction requires broad consensus, not just partisan majority.
- Recorded Votes: Each member's vote is recorded, creating public accountability.
The Reality of Political Pressure
The project materials acknowledge frankly that complete impartiality is difficult. The Estrada impeachment case illustrates this: it was marked by intense political maneuvering, including the House majority declaring the speakership vacant after the minority won the impeachment phase.
However, the Constitution establishes that Congress must promulgate rules "to effectively carry out the purpose" of impeachment. The requirement for Senators to be under oath emphasizes that despite the political nature of the process, they have a duty to judge based on the evidence and the constitutional grounds, not pure partisanship.
Due Process Principles
While impeachment is political, constitutional commentary emphasizes that all persons are entitled to "the cold neutrality of an independent, wholly-free, disinterested and impartial tribunal." This principle from regular judicial proceedings informs how impeachment trials should be conducted, even though they're not ordinary trials.
Subsequent Criminal Liability
One important check: impeachment only removes someone from office. The convicted party "shall nevertheless be liable and subject to prosecution, trial, and punishment according to law" in regular courts. This means if political factors influenced the impeachment outcome, there's still the possibility of impartial criminal justice afterward.
The Honest Assessment
The Constitution's framework acknowledges a tension: impeachment must be political enough to address serious breaches of public trust that may not be crimes, yet fair enough to protect officials from purely partisan attacks. The mechanisms—oaths, supermajority requirements, limited penalties, and separation from criminal prosecution—attempt to balance these competing needs. The historical record shows this balance is imperfect, but the structure aims to prevent either pure partisanship or complete paralysis.