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POL101 SENATE AND HOUSE OF REPRESENTATIVES

Seating Arrangement of the Senators

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Seating Arrangement of the Representatives

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When Lawmakers Become Lawbreakers

  • Letter complaint against the Public Servant

  • Ethics Committees initiate investigations

  • There is a basis to proceed, an investigation/hearing ensues during accuser and accused come face to face before ethics committee member.

  • Decision

Process of Impeachment

Filing of Complaint

  • A verified complaint for impeachment may be filed with the House of Representatives by a member of the House or by any citizen upon the resolution or endorsement of any member.

  • The impeachment complaint is included in the chamber’s Order of Business, and in three days referred to the House Committee on Justice.

Committee Proceedings

  • Within 60 days from the time of the referral, the committee shall complete it’s hearing, vote on its findings, and submit a report containing its recommendations to the House.

  • If the Committee decides to dismiss the complaint, it submits to the House a resolution for dismissal.

  • If the Committee finds probable cause for the impeachment complaint, it draws up a resolution setting forth the Articles of Impeachment on the basis of the evidence presented to the body.

House Vote

  • The resolution is calendared for discussion in the plenary body.

  • A vote of at least one-third of all members of the House is needed to override a resolution for dismissal, or affirm one that recommends filing of the case.

Proper Procedure, as Provided by the Constitution (Estrada Impeachment)

  • Upon approval by at least a third of the House, the resolution goes to the Senate for TRIAL.

  • The Official is deemed impeached by the House, and the Articles of Impeachment or the case filed with the Senate.

  • Senators sitting for the Purpose of trying and deciding impeachment cases are put on oath or affirmation.

  • When the President of the Philippines is on trial, the Chief Justice of the Supreme Court presides, but does not vote.

  • A vote of two-thirds of all the members of the Senate is needed for conviction.

  • Judgement in such cases is, at most, removal from office and disqualification from holding public office.

  • But the convicted party is still liable and subject to prosecution, trial, and punishment for the offenses mentioned.

Notable Impeachment Cases

  • Estrada was not the only official to go through the Impeachment process.

  • Former Ombudsman Aniano Desierto and Elections Commissioner Luzviminda Tancangco were also subjected to the same process of accountability, except that their cases were dismissed by the House Justice Committee.

  • Supreme Court Justice Renato Corona is under impeachment process.