Impeachment FAQs: Everything you need to know

What is an impeachment?

In an interview with PhilSTAR L!fe, Mike Tiu—a constitutional law professor at the University of the Philippines' College of Law—described impeachment as the “constitutional mechanism used to remove the highest officials of the Philippines from their office if they commit certain things,” which include culpable violation of the Constitution, treason, bribery, graft and corruption, betrayal of public trust, and other high crimes. 

According to the UP College of Law, the grounds for impeachment don't have exact definitions since the process is political in character. But it noted that based on the Constitution, violations must be culpable, clear, and worthy of punishment.

While existing laws—including the Revised Penal Code and Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act—define crimes like treason, bribery, and corruption, Congress may give its own definition for such crimes.

Impeachment is limited to the President, the Vice President, members of the Supreme Court, members of constitutional commissions, and the Ombudsman, per Article XI, Section 2 of the 1987 Constitution. It is the power of the Congress—the House of Representatives and the Senate—to formally charge an erring official amid serious crimes or misconduct.

How does the impeachment process go?

Atty. Paolo Tamase, UP College of Law's constitutional law professor, told L!fe that the Philippines adopted its impeachment process from the United States and has been present since the 1935 Constitution during the Commonwealth period.

Article XI, Section 3 of the 1987 Constitution states that the House has the exclusive power to initiate all cases of impeachment, while the Senate has the sole power to try and decide all cases of impeachment.

A House member or a House-endorsed citizen may file a verified complaint for impeachment. There must be at least one-third votes from the House for an impeachment case to go to the Senate.

The Senate will then hold a trial with the impeached official under the Articles of Impeachment submitted by the House of Representatives. Under Senate rules, senators are required to observe political neutrality all throughout, which is defined as the "exercise of a public official's duty without unfair discrimination and regardless of party affiliation or preference."

The impeached official would have to answer (or plead) to every charge in the Articles of Impeachment on her own or through a representative. According to the UP College of Law, a refusal to do so would mean they entered a "not guilty" plea.

Senators will then hear arguments and witnesses from both sides, which will be followed by closing arguments.

The impeachment trial requires a two-thirds vote to remove the impeached official from power. If it's the president who's on trial, the SC's Chief Justice shall preside but cannot vote.

What is the duration of an impeachment trial?

There is no definite time as to how long an impeachment trial can take, according to the UP College of Law.

But Atty. Eugene Kaw, chairperson of the Ateneo Department of Marketing and Law and a former government employee, told L!fe that it usually takes months before a final decision is reached.

In the case of Estrada, his lasted for about a month and was already cut short as he resigned amid EDSA II. Corona's trial, meanwhile, lasted for five months.

Tamase noted that, unlike in usual court hearings, which can be spaced out over the entire year, an impeachment trial is held every day. In a press briefing, Senate President Chiz Escudero said Duterte's impeachment trial will start on July 30 and will take place from 9:00 a.m. to 2:00 p.m. daily.

Can an impeachment trial be made public?

According to the Rules of the Senate, its doors shall be open to the public during an impeachment trial. Silence shall be observed by the visitors at all times, or else they will be booted out of the venue.

Media organizations also do extensive coverage of impeachment trials, and it's highly likely that it will be televised or livestreamed.

What happens if an impeached official steps down from their post ahead of a possible conviction?

When an official steps down before a possible conviction, all of the impeachment charges against them are dropped as they become moot.

“Mawawala ‘yung kaso, kasi ang purpose ng impeachment ay ang pagtanggal sa kaniya," Tiu said. "So kung kusa niyang tinanggal ‘yung sarili niya by resigning, wala nang punto ‘yung kaso, so, matitigil siya."

What happens after an impeached official is convicted or acquitted?

Leonardo Camacho, a constitutional law professor at the Ateneo de Manila School of Law, told L!fe that an official who is convicted during an impeachment trial will be removed from power. They may also no longer run for public office.

A conviction happens when the Senate reaches a two-thirds vote. If that threshold isn't reached, the impeachment trial results in acquittal. When an impeached official gets acquitted, they will carry on with their role.

Camacho noted that a conviction in an impeachment trial will not lead to imprisonment, as it's not a criminal trial.

But according to Tiu, it's possible for them to still be sued in court separately. “Hindi siya kasama sa impeachment proceeding pero pwede siyang kasuhan ng mga plunder, ‘yung mga ganung kaso, tapos saka lang maaaresto kapag na-convict siya,” he said.

Can an impeached official file a motion for reconsideration or appeal their conviction?

The Senate's Rules of Procedure on Impeachment Trials state that a motion to reconsider the judgment of conviction is not allowed.

"As the political act of a coordinate branch, the Senate’s decision to convict or acquit cannot be appealed to the courts," per the UP College of Law.

Can the Supreme Court intervene in impeachment proceedings?

"The Supreme Court will really not interfere with that unless there's grave abuse of discretion, if completely without basis and the senators committed a violation of the Constitution in convicting, but that's a very high standard," per Camacho.

The UP College of Law, citing an SC decision, pointed out that an impeachment is not a political question. The high court may step in if there’s a violation of constitutional rules.

In the case of Duterte, she filed a petition for certiorari and prohibition before the SC to challenge the validity and constitutionality of the House's fourth impeachment complaint against her. She asked the SC to issue the Senate a writ of prohibition—an order preventing it from making a decision—in a bid to block her impeachment trial.

Who replaces an official if they get convicted and removed from their role?

Kaw told L!fe that if the president is impeached, it's the vice president that immediately takes their role as the country’s new highest-ranking official.

“If the vice president is impeached, the president shall nominate a vice president from among the members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the members of both Houses of the Congress, voting separately,” he said.

What happens if the impeachment trial is not yet done when the 19th Congress ends?

According to the UP College of Law, there are different approaches to the situation.

The Senate of the 19th Congress may continue its trial beyond June 30—the start of the term of the 20th Congress members—since it's a "continuing body," as the SC describes it in a past decision.

In line with this, Tamase said that the 20th Congress is poised to continue the impeachment trial since there's no ample time for the month.

But the faculty also noted that another SC decision states that the Senate isn't a continuing body. Any process in the Senate, including pending bills and investigations, becomes moot as the present Congress ends.

If that's the case, the 20th Congress Senate has the freedom to accept or reject the existing agenda, such as the 19th Congress House's articles of impeachment against Duterte.