Category Archives: Impeachment

Who are the impeachable officers? Is the Deputy Ombudsman an impeachable officer?

Is the Deputy Ombudsman, then, an impeachable officer?  Section 2, Article XI of the 1987 Constitution, states that: Sec. 2. The President, the Vice-President, the members of the Supreme Court, the members of the Constitutional Commissions, and the Ombudsman may … Continue reading

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Under the Constitution, the sole disciplining authority of all impeachable officers is the Congress

Under the Constitution, the sole disciplining authority of all impeachable officers, including Justices of this Court, is Congress. Section 3(1), Article XI of the Constitution provides that, “The House of Representatives shall have the exclusive power to initiate all cases … Continue reading

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History and Nature of Impeachment and Judicial Review

“THE PHILIPPINES IS A DEMOCRATIC AND REPUBLICAN STATE.  SOVEREIGNTY RESIDES IN THE PEOPLE AND ALL GOVERNMENT AUTHORITY EMANATES FROM THEM.”[1] A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government … Continue reading

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What and how of impeachment

The Key Issue Presented The key issue in this case is whether or not the House Justice Committee’s findings that the two complaints against Ombudsman Gutierrez are sufficient in form and substance violate Section 3(5), Article XI of the 1987 … Continue reading

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The one-year bar rule of impeachment

The one-year bar rule           Article XI, Section 3, paragraph (5) of the Constitution reads: “No impeachment proceedings shall be initiated against the same official more than once within a period of one year.”           Petitioner reckons the start of … Continue reading

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Is there denial of due process when there is a delay in the publication of impeachment rules?

In another vein, petitioner, pursuing her claim of denial of due process, questions the lack of or, more accurately, delay in the publication of the Impeachment Rules.           To recall, days after the 15th Congress opened on July 26, 2010 … Continue reading

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The determination of sufficiency of form and substance of an impeachment complaint is an exponent of the express constitutional grant of rule-making powers of the House of Representatives

Petitioner further claims that public respondent failed to ascertain the sufficiency of form and substance of the complaints on the basis of the standards set by the Constitution and its own Impeachment Rules.[35] The claim fails. The determination of sufficiency … Continue reading

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