BY ATTY. JULIUS GREGORY B. DELGADO

ON IMPEACHMENT

Every time an Impeachment Complaint is filed, all eyes are on the House of Representatives where the complaint and eventually the Articles of Impeachment originates and the Senate which conducts trial. As stated in the case of Corona vs. Senate, G.R. No. 200242 (2012), Impeachment refers to the power of Congress to remove a public official for the following grounds: (1) culpable violation of the Constitution; (2) Treason; (3) Bribery; (4) Graft and Corruption; (5) Other High Crimes; and (6) Betrayal of Public Trust. Under the Constitution, the following are the impeachable officers: (1) President; (2) Vice President; (3) Members of the Supreme Court; (4) Members of the Constitutional Commission (Commission on Elections, Commission on Audit and Civil Service Commission); and (5) Ombudsman.  

An Impeachment is neither civil or criminal but sui generis or a class of its own. As such, it is upon that premise that some are arguing that it should not follow the legislative calendar and that even if the Senate is supposedly on recess, it should convene as an Impeachment Court and shall proceed to trial once Articles of Impeachment have been transmitted. Hence, in the Articles of Impeachment filed against Vice President Sara Duterte, there is a Petition for Mandamus asking the Supreme Court to direct the Senate to immediately proceed to trial as the Constitution provides that if the Impeachment is initiated by direct resolution of at least one third (1/3) of the members of the House of Representatives, Articles of Impeachment shall be transmitted to the Senate which must try the case “forthwith” which in ordinary parlance, “immediately” or “without any delay.”

Aside from direct resolution of at least one third (1/3) of the members of the House of Representatives, Impeachment may also be initiated by a member of the House of Representatives or by a citizen upon indorsement by any member of the House of Representatives. The definition of “initiation” was settled in the case of Francisco vs. House of Representatives, G.R. No. 160261 (2003), which is (a) filing of the Impeachment Complaint along with (b) Congress’ taking final action of the said complaint. 

In the case of the series of Impeachment Complaints filed against Vice President Duterte, the Secretary of the House of Representatives allegedly did not refer the first set of Complaints to the Committee on Justice within ten (10) days from filing which is what the House Rules provides. When the one third (1/3) signature of the House of Representatives was mustered, the same was then transmitted to the Senate for trial. A group of Davao City lawyers and Vice President Duterte herself filed a case to the Supreme Court, a Petition for Certiorari and Prohibition. The House of Representatives will most likely argue that it is a political question since it involves the interpretation and operationalization of their own Rules. However, the camp of Vice President Sara will most likely argue that it is a justiciable controversy since it involves her right to due process and that her right not to be subjected to multiple Impeachment complaint within one (1) year has been violated. 

For now, all eyes are on the Supreme Court as the final arbiter of Constitutional and legal issues.