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Impeachment in the
Philippines
    Impeachment in the Philippines is an
expressed power of the Congress of the
Philippines to formally charge a serving
government official with an impeachable
offense. After being impeached by the House of
Representatives, the official is then tried in
the Senate. If convicted, the official is either
removed from office or censured.
     Impeachment followed by conviction is often
the only way to forcibly remove a sitting
official. While "impeachment" is often used to
refer to the entire process of removing an
official from office, it only formally refers to the
indictment stage in the House of
Representatives, not the trial stage in the
Senate. Under the current Constitution, an
official can be impeached if one third of the
House of Representatives votes in favor. Since
it takes only a simple majority to set the agenda
or to adjourn the House, it can be difficult for a
minority of one third to bring a vote and
impeach an official.
Third republic
  President Elpidio Quirino was
accused in 1949 of using government
funds to renovate Malacanang
Palace in Manila, using government
funds to purchase furniture for the
Presidential Palace, and linking him to
alleged diamond smuggling. A
Congressional committee rejected this
complaint for lack of factual and legal
basis.
  In 1964, President Diosdado
Macapagal was accused of illegally
importing rice to build public support in
an election, illegally dismissing
officials, using the military to intimidate
the political opposition, and ordering
the deportation of an American
businessman who was in the custody
of Congress in violation of the
separation of governmental powers. A
Congressional committee dismissed all
the charges.
Fourth and fifth
republic
     President-dictator Ferdinand
 Marcos was accused by 56 lawmakers
 on 1985 of graft, economic
 plunder, unexplained wealth, granting
 monopolies to cronies, and other
 crimes. the following day the National
 Assembly committee dismissed the
 complaints after roughly five hour of
 discussions for continuing
 unsupported conclusions.
     President Corazon Aquino was
 accused by lawmakers in 1988 of graft
 and violating the Constitution. The
 charges were rejected the following
 month due to lack of evidence.
     President Joseph Estrada was
 accused of bribery, graft and
 corruption, betrayal of public trust, and
 culpable violation of the Constitution
 during the impeachment of 2000.
Impeachment offenses
    The Constitution
 limits the offenses to
 the following: culpable
 violation of the
 Constitution, treason,
 bribery, graft and
 corruption, other high
 crimes, or betrayal of
 public trust.
    In the 1935 and
 1975 constitution,
 betrayal of public trust
 was not an
 impeachable offense.
Culpable violation of the
constitution
    For purposes of impeachment,
 "culpable violation of the Constitution" is
 defined as "the deliberate and wrongful
 breach of the Constitution." Further,
 "Violation of the Constitution made
 unintentionally, in good faith, and mere
 mistakes in the proper construction of
 the Constitution, do not constitute an
 impeachable offense."
Treason
          According to
 the Revised Penal
 Code, treason is
 defined as "Any
 Filipino citizen who
 levies war against the
 Philippines or adheres
 to her enemies, giving
 them aid or comfort
 within the Philippines
 or elsewhere."
bribery
 The Revised Penal Code
  defines bribery in two forms:
 Direct bribery is "committed by
  any public officer who shall
  agree to perform an act
  constituting a crime, in
  connection with the
  performance of this official
  duties, in consideration of any
  offer, promise, gift or present
  received by such
  officer, personally or through
  the mediation of another."
 Indirect bribery is "committed
  by a public officer when he
  accept gifts offered to him by
  reason of his office."
Other high crimes or
betrayal of public trust
     In Francisco Jr. vs. Nagmamalasakit na
 mga Manananggol ng mga Manggagawang
 Pilipino, Inc., the Supreme Court purposely
 refused to define the meaning of "other high
 crimes or betrayal of public trust," saying
 that it is "a non-justiciable political question
 which is beyond the scope of its judicial
 power." However, the Court refuses to name
 which agency can define it; the Court
 impliedly gives the power to the House of
 Representatives, which initiates all cases of
 impeachment.
Impeaching officials
   Any citizen with an endorsement of a member of the House of Representative may file
    charges.
   The House Committee on Justice will decide by majority vote if the complaint has
    substance.
   The House Committee on Justice will decide by majority vote if the complaint is
    sufficient in form.
   The House Committee on Justice will decide by majority vote if the complaint is
    sufficient in grounds.
   The House Committee on Justice will decide by majority vote if there is probable cause
    in the complaint.
   The House of Representatives will vote to impeach the official. A one-third vote is
    needed.
       If the vote passes, the complaint will become the "Articles of Impeachment" and the House will
        appoint prosecutors who may or may not be members of the House.
       If the vote fails in any part of the procedure, the official accused can't be filed for impeachment for
        one calendar year.
   The Senate will then try the impeached official. Conviction requires a two-thirds vote.
   If convicted, there are two punishments the Senate can mete out:
       Censure or a reprimand, or
       Removal from office and prohibition to hold any governmental office
   In the 1935 constitution, a two-thirds vote was needed to impeach an official by the
    House of Representatives, while a three-fourths vote in the Senate was required to
    convict.
Sources: en.wikipedia.org and
images.google.com

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History of impeachment

  • 2. Impeachment in the Philippines Impeachment in the Philippines is an expressed power of the Congress of the Philippines to formally charge a serving government official with an impeachable offense. After being impeached by the House of Representatives, the official is then tried in the Senate. If convicted, the official is either removed from office or censured. Impeachment followed by conviction is often the only way to forcibly remove a sitting official. While "impeachment" is often used to refer to the entire process of removing an official from office, it only formally refers to the indictment stage in the House of Representatives, not the trial stage in the Senate. Under the current Constitution, an official can be impeached if one third of the House of Representatives votes in favor. Since it takes only a simple majority to set the agenda or to adjourn the House, it can be difficult for a minority of one third to bring a vote and impeach an official.
  • 3. Third republic President Elpidio Quirino was accused in 1949 of using government funds to renovate Malacanang Palace in Manila, using government funds to purchase furniture for the Presidential Palace, and linking him to alleged diamond smuggling. A Congressional committee rejected this complaint for lack of factual and legal basis. In 1964, President Diosdado Macapagal was accused of illegally importing rice to build public support in an election, illegally dismissing officials, using the military to intimidate the political opposition, and ordering the deportation of an American businessman who was in the custody of Congress in violation of the separation of governmental powers. A Congressional committee dismissed all the charges.
  • 4. Fourth and fifth republic President-dictator Ferdinand Marcos was accused by 56 lawmakers on 1985 of graft, economic plunder, unexplained wealth, granting monopolies to cronies, and other crimes. the following day the National Assembly committee dismissed the complaints after roughly five hour of discussions for continuing unsupported conclusions. President Corazon Aquino was accused by lawmakers in 1988 of graft and violating the Constitution. The charges were rejected the following month due to lack of evidence. President Joseph Estrada was accused of bribery, graft and corruption, betrayal of public trust, and culpable violation of the Constitution during the impeachment of 2000.
  • 5. Impeachment offenses The Constitution limits the offenses to the following: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. In the 1935 and 1975 constitution, betrayal of public trust was not an impeachable offense.
  • 6. Culpable violation of the constitution For purposes of impeachment, "culpable violation of the Constitution" is defined as "the deliberate and wrongful breach of the Constitution." Further, "Violation of the Constitution made unintentionally, in good faith, and mere mistakes in the proper construction of the Constitution, do not constitute an impeachable offense."
  • 7. Treason According to the Revised Penal Code, treason is defined as "Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere."
  • 8. bribery  The Revised Penal Code defines bribery in two forms:  Direct bribery is "committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another."  Indirect bribery is "committed by a public officer when he accept gifts offered to him by reason of his office."
  • 9. Other high crimes or betrayal of public trust In Francisco Jr. vs. Nagmamalasakit na mga Manananggol ng mga Manggagawang Pilipino, Inc., the Supreme Court purposely refused to define the meaning of "other high crimes or betrayal of public trust," saying that it is "a non-justiciable political question which is beyond the scope of its judicial power." However, the Court refuses to name which agency can define it; the Court impliedly gives the power to the House of Representatives, which initiates all cases of impeachment.
  • 10. Impeaching officials  Any citizen with an endorsement of a member of the House of Representative may file charges.  The House Committee on Justice will decide by majority vote if the complaint has substance.  The House Committee on Justice will decide by majority vote if the complaint is sufficient in form.  The House Committee on Justice will decide by majority vote if the complaint is sufficient in grounds.  The House Committee on Justice will decide by majority vote if there is probable cause in the complaint.  The House of Representatives will vote to impeach the official. A one-third vote is needed.  If the vote passes, the complaint will become the "Articles of Impeachment" and the House will appoint prosecutors who may or may not be members of the House.  If the vote fails in any part of the procedure, the official accused can't be filed for impeachment for one calendar year.  The Senate will then try the impeached official. Conviction requires a two-thirds vote.  If convicted, there are two punishments the Senate can mete out:  Censure or a reprimand, or  Removal from office and prohibition to hold any governmental office  In the 1935 constitution, a two-thirds vote was needed to impeach an official by the House of Representatives, while a three-fourths vote in the Senate was required to convict.