(2nd of three parts)
“Although the House of Representatives impeached Vice President Sara Duterte before adjourning, the Senate, which oversees the trial, can decide when to conduct the trial”
IN THE first of our three-part column piece, we said these officials can be removed only by impeachment, although the Supreme Court removed Chief Justice Sereno by quo warranto (which declared her appointment as void), which many believe was a wrong decision.)
6. What are the grounds for impeachment under the current constitution?
a. Culpable Violation of the Constitution
For impeachment purposes, a “culpable violation of the Constitution” refers to a deliberate and wrongful breach of constitutional provisions. Unintentional violations, good faith errors, or mistakes in interpretation do not constitute impeachable offenses.
b. Treason
Under the Revised Penal Code, treason is committed by any Filipino citizen who wages war against the Philippines or aids its enemies, providing them support either within the country or abroad.
As a ground for impeachment, treason constitutes a profound betrayal of the nation, rendering an official unfit for public office. Due to its severity, officials charged with treason may face both impeachment proceedings and criminal prosecution.
Since impeachment is a political process, establishing treason in this context does not necessitate the same legal standard as a criminal conviction. Nevertheless, it remains a high crime that threatens the state’s integrity and warrants removal from office.
c. Bribery
Bribery is classified into two types under the Revised Penal Code:
Direct bribery occurs when a public official agrees to perform an illegal act related to their official duties in exchange for an offer, promise, or gift.
Indirect bribery happens when a public official accepts gifts given due to their position.
d. Graft and Corruption
Any violation of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) is grounds for impeachment. This includes cases where a public official acquires assets or wealth grossly disproportionate to their lawful income.
e. Betrayal of Public Trust
This encompasses acts such as abuse of power, gross negligence, favoritism, cronyism, and other misconduct that undermine public confidence in government and bring the office into disrepute.
Betrayal of public trust is a broad and flexible ground that can cover a wide range of abuses.
It does not require a criminal conviction, making it a political question that Congress decides in impeachment trials.
Acts must be serious enough to erode public confidence in governance.
f. Other High Crimes
These refer to offenses of such gravity—akin to treason and bribery—that they threaten the government’s stability or proper function.
The impeachment trial of Sara Duterte
7. What are the grounds of impeachment VP Sara is being accused of under the 4th impeachment complaint?
The fourth impeachment complaint, filed and endorsed on the same day, presented seven articles of impeachment, accusing VP Sara Duterte of culpable violations of the Constitution, betrayal of public trust, graft and corruption, and other high crimes, including bribery and conspiracy to commit murder.
That being said, she became the second-highest-ranking elected official in the Philippines to be impeached, following former President Joseph Estrada in 2000. Chief Justic Corona was impeached in 2011and convicted in 2012.
8. What is the role of the senate in the impeachment proceedings?
The Senate shall have the sole power to try and decide all cases of impeachment
The senators would serve as jurors in proceedings. Subject to applicable constitutional provisions such as the 2/3 vote required for conviction, the Senate has full powers to decide how to conduct the trial including quantum of proof.
9. Can VP Sara tried by the Senate even when Congress is on recess?
Although the House of Representatives impeached Vice President Sara Duterte before adjourning, the Senate, which oversees the trial, can decide when to conduct the trial.
Senate President Francis Escudero confirmed that the Senate would address the impeachment complaint once Congress reconvenes on June 2, 2025. Until then, the process remains on hold.