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Impeachment provisions of Constitution
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ARTICLE XI
The 1987 Constitution of the Philippines
Accountability
of Public Officers
Section
1.
Public office is a public trust. Public officers and employees
must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives.
Section
2.
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, other high crimes, or betrayal
of public trust. All other public officers and employees may be
removed from office, as provided by law, but not by impeachment.
Section
3.
- The House
of Representatives shall have the exclusive power to initiate
all cases of impeachment.
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A verified complaint for impeachment may be filed by any Member
of the House of Representatives or by any citizen upon a resolution
of endorsement by any Member thereof, which shall be included
in the Order of Business within ten session days, and referred
to the proper Committee within three session days thereafter.
The
Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty
session days from such referral, together with the corresponding
resolution.
The
resolution shall be calendared for consideration by the House
within ten session days from receipt thereof.
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A vote of at least one-third of all the Members of the House
shall be necessary either to affirm a favorable resolution
with the Articles of Impeachment of the Committee, or override
its contrary resolution. The vote of each Member shall be
recorded.
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In case the verified complaint or resolution of impeachment
is filed by at least one-third of all the Members of the House,
the same shall constitute the Articles of Impeachment, and
trial by the Senate shall forthwith proceed.
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No impeachment proceedings shall be initiated against the
same official more than once within a period of one year.
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The Senate shall have the sole power to try and decide all
cases of impeachment. When sitting for that purpose, the senators
shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme
Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the
Members of the Senate.
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Judgment in cases of impeachment shall not extend further
than removal from office and disqualification to hold any
office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution,
trial and punishment according to law.
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The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
Who succeeds
the President?
According
to the Constitution, the Vice-President shall serve the unexpired
term of the President in case of death, permanent disability,
removal from office or resignation. In the event that the Vice
President is also unable to serve, the Senate President-or, in
case of his disability, the Speaker of the House of Representatives-
shall act as President until another President is elected.
Does supporting
the move for impeachment mean we support the current Vice-President?
Following
the constitutional line of succession, it is true that a successful
impeachment would install the present Vice-President, who is popular
but does not enjoy support from a wide section of civil society.
However, supporting
the move for impeachment is a choice between incompetent and corrupt
governance for another four years, on one hand, and a chance for
change on the other. It will also be a chance for the Filipino
people to prove that their sovereign will governs the country.
Hence, in
case the Vice-President also proves unfit to govern, the impeachment
of the President has already proven that Filipinos are capable
of removing even the successor from office. A successful impeachment
of the President is, first and foremost, a warning to the incoming
administration against committing the same errors and excesses.
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