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IMPEACHMENT is a criminal proceeding instituted against a public official by a legislative body. The word itself comes from Middle English ``empechen,’’ from Middle French ``empeechier’’ which means to hinder, from Late Latin ``impedicare’’ which means to fetter, from Latin ``in-‘’ + ``pedica’’ which also means to fetter and in turn is taken from ``ped-’’ or ``pes’’ which means ``foot.’’ The word has been around since the 14th century and has since been used to mean any of the following: 1) to bring an accusation against 2) to charge with a crime or misdemeanor 3) to charge a public official before a competent tribunal with misconduct in office 4) to cast doubt on 5) to challenge the credibility or validity of (impeach the testimony of a witness) and 6) to remove from office especially for misconduct. Impeachment originated in Great Britain the 14th century, when it became a means of initiating criminal proceedings based on "clamor," or outcry. After the mid-15th century, impeachment fell out of use until the 17th century, when it was revived as a means by which Parliament could get rid of unpopular ministers, usually court favorites protected by the king. The use of impeachment gradually waned as the 18th century progressed, mainly because it proved too blunt a political instrument by which to attack the king's ministers. In Great Britain, the House of Commons acts as prosecutor and the House of Lords as judge in an impeachment proceeding. In the United States and in the Philippines, the House of Representatives initiates the impeachment proceedings through a formal resolution and the Senate acts as judge. Conviction on an impeachment results either in fine and imprisonment, or - in some countries -- even in execution. In the United States and the Philippines, penalties extend no further than removal and disqualification from office. After impeachment, however, the 1987 Philippine Constitution provides that ``the party convicted shall nevertheless be liable and subject to prosecution, trial and punishment according to law.’’ In the Philippines, the House of Representatives has exclusive power to initiate impeachment attempts. However, any Filipino citizen can file a complaint for impeachment and have the same endorsed by a congressman or a senator. An impeachment complaint requires sworn resolutions of at least 73, or one-third of all members of the House. The President cannot be impeached unless at least 15 senators, or two-thirds of the Senate membership of 22, vote against him. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. |
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