Question B.13, 2019 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.13.

(Question B.13, Political Law, 2019 Bar Exam)

Who are the impeachable officers under the 1987 Constitution? Briefly explain the process of impeaching them thereunder. (5%)

(a) The following may be impeached:

1) The President;

2) The Vice-President;

3) The Members of the Supreme Court;

4) The Members of the Constitutional Commissions; and,

5) The Ombudsman. (Section 2, Article XI, 1987 Constitution)

(b) Procedure:

1) Verified Complaint filed before House of Representatives

The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

A verified complaint for impeachment may be filed:

1) By any Member of the House of Representatives; or,

2) By any citizen upon a resolution of endorsement by any Member thereof.

2) House Resolution

The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty (60) 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.

3) 1/3 vote to endorse impeachment

A vote of at least one-third (1/3) of all the Members of the House shall be necessary either:

1) To affirm a favorable resolution with the Articles of Impeachment of the Committee; or,

2) To override its contrary resolution.

4) Trial before the Senate

In case the verified complaint or resolution of impeachment is filed by at least one-third (1/3) of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

The Senate shall have the sole power to try and decide all cases of impeachment. 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.

5) 2/3 vote for conviction

No person shall be convicted without the concurrence of two-thirds (2/3) of all the Members of the Senate.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

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