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IMPEACHMENT 101, BY JERRY BARICAN
THE IMPEACHMENT PROCESS. BY RAUL PALABRICA
GROUPS THAT HAVE CALLED FOR ERAP RESIGNATION

LET'S say you would rather have the President impeached instead of letting him resign on his own accord. That way, he will go on trial and have a chance to be proven innocent or guilty. And, if Makati Rep. Joker Arroyo is correct, the end result of being proven guilty under criminal proceedings after impeachment would be the President’s incarceration at Muntinlupa.

So if you want the President to be impeached instead of having him resign, how should you go about it? First of all, only the Lower House can initiate impeachment proceedings, and only the Senate can try for impeachment and determine the President’s innocence or guilt. However, any citizen can file a formal complaint -- with the endorsement of any lawmaker -- and refer it to the House committee on justice for action. Case in point is the complaint of Corazon Valenzuela, a 59-year-old businesswoman, who filed an impeachment case against Mr. Estrada on April 12 this year. Valenzuela addressed the two-page letter to Speaker Manuel Villar, copies of which she distributed to other House members. However, the House did not act on Valenzuela’s petition. The House did act On Oct. 18, when Representatives Heherson Alvarez, Ernesto Herrera and Michael Defensor filed their impeachment complaint.

Since no Philippine President has ever been impeached, let’s take a look at how the United States tried to do it.

The right to impeach US public officials is secured by the US Constitution in Article I, Sections 2 and 3, which discuss the impeachment procedure, and in Article II, Section 4, which indicates the grounds for impeachment: “the President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”

Removing a US official from office requires two steps: 1) a formal accusation, or impeachment, by the House of Representatives, and 2) a trial and conviction by the Senate. Impeachment requires a majority vote of the House; conviction is more difficult, requiring a two-thirds vote by the Senate. The Vice President presides over the Senate proceedings in the case of all officials except the President, whose trial is presided over by the Chief Justice of the Supreme Court. This is because the Vice President can hardly be considered a disinterested party -- if his or her boss is forced out of office he or she is next in line for the top job.

The 1987 Philippine Constitution follows basically the same rules under Article XI: Accountability of Public Officers. Section 3 of Article XI states that the House of Representatives shall have the exclusive power to initiate all cases of impeachment. Section 2 states that only the following public officials can be removed from office by impeachment: the President, the Vice-President, members of the Supreme Court, members of the Constitutional Commission and the Ombudsman. They may be removed from office for conviction of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Therefore, should President Estrada be tried for impeachment, the Senate will investigate if he is guilty of the above-mentioned crimes. The "jueteng" payoff charges, the high stakes gambling accusations and the mansions allegedly owned by Estrada or his mistresses will not only be investigated under the crime of graft and corruption in Section 2, but is also mentioned in Section 1 where it is stated that public officers should "lead modest lives."

The verified complaint for impeachment shall then be included in the House’s Order of Business within 10 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 60 session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within 10 session days from receipt.

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. If one-third or at least 73 congressmen vote for impeachment, a trial by the Senate shall proceed. In President Estrada’s case, as of Nov. 6, 110 congressmen had voted for impeachment proceedings to continue. Should the case be elevated to the Senate for trial, two-thirds, or 15 out of 22 senatorial votes, are needed for conviction.

LIST OF SOLONS WHO FILED IMPEACHMENT COMPLAINT

REPRESENTATIVES Heherson Alvarez, Ernesto Herrera and Michael Defensor filed the impeachment complaint in Congress on Oct. 18.

Others who joined them were Roberto Reyes of Gomburza, Teresa Baltazar of Konsensyang Pilipino, Democrito Mendoza of TUCP, Emilia Dapulan of Kilusang Mayo Uno, Teodoro Casiño of Bayan, Evelyn Kilayko of Concerned Women of the Philippines, Emelita Cruz of Konsensyang Pilipino, Teresita Deles of National Peace of Conference, Fr. Jose Dizon of Kairos, Marlon Quesada of Bukluran sa Ikauunlad ng Isip at Gawa, Ricardo Reyes of Padayon, Risa Hontiveros of Pandayan para sa Sosyalistang Pilipinas, Norberto Gonzales of Partido Demokratiko Sosyalista ng Pilipinas, Sr. Arnold Marie of the Servant of the Holy Spirit, Waldy Carbonell of Green Philippines Foundation, Antonio Abaya of Transparency and Public Accountability Today and Tomorrow, Perfecto Yasay, Dante Jimenez of Volunteers against Crime and Corruption, James Imbong of the Ateneo Law School, Linggoy Alcuaz and Peter Binamira of the Silent Protest Movement, Gilbert Lorezo of the National Union of Port Workers, Alhai Datu Ansari Alonto of the Muslim Association of the Philippines, Corazon Valenzuela of the People Power II movement, Jose Calida of the Citizen's Battle Against Corruption and Datu Tomi Dawang of the Indigenous People's Coalition against Graft and Corruption.

The complaint was endorsed by Representatives Sergio Apostol, Loretta Ann Rosales, Hernani Braganza, Ace Barbers, Oscar Moreno, Simeon Datumanong, J. Mayo Almario, Juan Miguel Zubiri, Jose Apolinario Lozada, Franklin Bautista, Magtanggol Gunigundo, Ignacio Bunye, Leonardo Montemayor, James Gordon Jr., Feliciano Belmonte Jr., Ma. Elena Palma-Gil, Rolando Andaya Jr., Prospero Pichay, Federico Sandoval II, Orlando Fua Jr., Roilo Golez, Romualdo Vicencio, Raul Gonzales, Benjamin Lim, Eduardo Ermita, Enrico Echiverri, Renato Leviste, Rene Silos, Joy Augustus Young, Alejandro Urro, Pantaleon Alvarez, Ranjit Shahani, Melvyn Eballe, Patricia Sarenas, Rogelio Sarmiento, Salacnib Baterina, Ariel Zartiga and Nancy Cuenco.

Josephine Dominguez of Mt. Province signed after the complaint was filed. Party list Rep. Cresente Paez of the Coop Natcco also endorsed the impeachment complaint.