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| Dr. Ethel Pineda, Andres Bautista |
Filipina doctor Ms. Ethel Pineda said that even if Chairman Andres Bautista was guilty of breaking the law, he may or may not be impeached.
Dr. Pineda added that an impeachment is not only about what a public official did wrong, but it is also a numbers game-the use of manipulation of number/votes especially in support of an argument. For Bautista’s and other impeachable officials’ situation, it is a scenario where anyone can be cleared of charges even if the respondent was guilty doing so.
“It has nothing to do with right or wrong,” said Dr. Pineda. She also presented the provisions of the 1987 Constitution in relation to Impeachment of a Public Official.
In the 1987 Constitution, it is the President, Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman who can be removed through an impeachment. The said officials can be impeached in the act of committing the following: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
The process of impeachment is as follows. A verified complaint must be filed by either a Member of the House of Representatives or by any citizen upon a resolution of endorsement by any Member thereof. Once the verified complaint has been filed it shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty 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. In the committee hearings, a vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee or override its contrary resolution. The vote of each Member shall be recorded.
If however, the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.
It is the Senate who has the power to try and vote a resolve in all impeachment charges. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.
Any person found guilty or impeached shall be out from the office and will be disqualified to hold any public office under the Philippine Government and will be subject to prosecution, trial, and punishment according to law and as a result of his illegal and improper acts.
In addition, a limitation is set where no impeachment proceedings shall be initiated against the same official more than once within a period of one year.
Source: Ethel Pineda
