“Impeachment is a Constitutional mechanism designed to address serious violations against the system of government”
(First of three parts)
In this and the next column pieces, I explore issues around the impeachment of Vice-President Sara Duterte. Readers are also encouraged to read the primer prepared by my colleague in UP Law, led by the brilliant Professor Paolo Tamase – https://law.upd.edu.ph/wp-content/uploads/2025/02/UP-Law-Impeachment-Primer-and-FAQs-Feb-7-2025.pdf
1. What is the nature of impeachment?
Impeachment is a Constitutional process in which a government official, such as a president, justice, or public officer, is formally charged with wrongdoing. It serves as a mechanism to hold officials accountable for crimes or misconduct committed while in office.
It is neither a purely legal nor a totally political process. It is legal in that it must follow the Constitution and especially due process. Otherwise it is political in that the House of Representatives and the Senate have wide discretion to interpret the relevant Constitutional provisions and to perform their roles.
Impeachment is a Constitutional mechanism designed to address serious violations against the system of government. It serves as the initial step in a corrective process, potentially leading to the removal from public office and disqualification from holding future positions.
Although “impeachment” is often used to describe the entire process of removing an official from office, it specifically refers to the indictment stage in the House of Representatives, not the trial in the Senate. Under the 1987 Constitution, an official can be impeached if one-third of the House votes in favor.
2. How is the process of impeachment initiated?
Impeachment is initiated in the House of Representatives by the filing and subsequent referral to the Committee on Justice of:
(a) a verified complaint for impeachment filed by any Member of the House of Representatives; or
(b) a verified complaint by any citizen upon a resolution of endorsement by any Member thereof; or
(c) a verified complaint or resolution of impeachment filed by at least one-third of all Members of the House, which goes directly to the Senate for trial.
Mode C was used in the impeachment of VP Sara.
3. What is the duty of the House Committee on Justice as regards the determination of form and substance of the complaint?
If the committee deems the complaint sufficient in form, it will then assess its sufficiency in substance. A complaint meets the substance requirement if it includes a statement of facts that establish the alleged offense and confirm the committee’s jurisdiction. If the committee determines that the complaint lacks sufficient substance, it will dismiss the complaint and submit its report.
5. Who are impeachable officials under the 1987 Constitution?
Based on Article XI, Section 2 of the Constitution The following officials may be subjected to impeachment:
• President of the Philippines
• Vice President of the Philippines
• Justices of the Supreme Court of the Philippines
• Members of the Constitutional Commissions:
• Commissioners of the Commission on Elections
• Commissioners of the Civil Service Commission
• Commissioners of the Commission on Audit
• Ombudsman
All 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.)