Question B.13, Political Law, 2019 Bar Exam

Who are the impeachable officers under the 1987 Constitution? Briefly explain the process of impeaching them thereunder. (5%)

(a) The following may be impeached:

1) The President;

2) The Vice-President;

3) The Members of the Supreme Court;

4) The Members of the Constitutional Commissions; and,

5) The Ombudsman. (Section 2, Article XI, 1987 Constitution)

(b) Procedure:

1) Verified Complaint filed before House of Representatives

The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

A verified complaint for impeachment may be filed:

1) By any Member of the House of Representatives; or,

2) By any citizen upon a resolution of endorsement by any Member thereof.

2) House Resolution

The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty (60) session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

3) 1/3 vote to endorse impeachment

A vote of at least one-third (1/3) of all the Members of the House shall be necessary either:

1) To affirm a favorable resolution with the Articles of Impeachment of the Committee; or,

2) To override its contrary resolution.

4) Trial before the Senate

In case the verified complaint or resolution of impeachment is filed by at least one-third (1/3) of all the...