VP SARA DUTERTE composite picture from Inquirer file pictures
(Observe: This explainer was first printed by Inquirer.internet on October 3, 2024. Amid the impeachment of Vice President Sara Duterte by the Home of Representatives on February 5, 2025, we’re bringing this explainer to shed extra gentle on the impeachment course of.)
MANILA, Philippines — Vice President Sara Duterte now faces one other problem as a progressive group prepares to push her impeachment. That is amid controversies surrounger her conduct a current finances hearings, the place she was criticized for appearing like a “brat.”
A possible impeachment criticism in opposition to Duterte have been mentioned for a number of months. She has repeatedly claimed then that lawmakers have been contemplating the criticism. Key Home leaders, nonetheless, denied this, stating that their focus was on getting ready the 2025 finances.
Throughout finances deliberations for the Workplace of the Vice President on August 27, Duterte talked about {that a} Home member had a recording of lawmakers allegedly discussing her impeachment.
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On September 18, she referred to a Home committee listening to as a rehearsal for impeachment proceedings in opposition to her.
Regardless of these claims, lawmakers have requested Duterte to determine these concerned, asserting that no such discussions are happening. Deputy Speaker David Suarez and different lawmakers expressed disappointment over Duterte’s absence from her workplace’s finances hearings however clarified that impeachment is just not being thought of.
However Bagong Alyansang Makabayan (Bayan) advised impeachment could be mandatory to carry Duterte accountable for alleged fund misuse. On September 26, Bayan chairperson Teddy Casiño confirmed that the group would possibly file an impeachment criticism as soon as Congress resumes session in November, pending finalization.
This potential growth raises important questions: What precisely would occur if the Vice President of the Philippines was impeached? How would the method unfold, and who would step into the place if the impeachment succeeds?
Who will be impeached?
Beneath the 1987 Philippine Structure, impeachment is a authorized course of to take away sure high-ranking officers for committing severe offenses. Article XI, Part 2 of the Structure particularly lists the next officers as topic to impeachment:
- The President
- The Vice President
- Members of the Supreme Courtroom
- Members of Constitutional Commissions (such because the Fee on Elections)
- The Ombudsman
These officers will be faraway from workplace solely by impeachment for committing impeachable offenses, which embody:
- Culpable violation of the Structure: A severe breach or disregard of the Structure.
- Treason: Betraying the nation, particularly by aiding an enemy throughout conflict.
- Bribery: Giving or receiving one thing of worth in trade for influencing a public official’s actions.
- Graft and corruption: The misuse of public workplace for private achieve.
- Different excessive crimes: Any severe legal offenses that hurt the nation or authorities.
- Betrayal of public belief: A broad time period that may embody actions that severely injury the integrity of public workplace.
GRAPHIC: Ed Lustan / INQUIRER.internet
Impeachment course of
The impeachment course of for a Vice President, as outlined in Part 3, Article XI of the 1987 Structure, follows a selected set of steps. These steps start with submitting a verified criticism and finish with a Senate trial.
- Submitting of impeachment criticism
An impeachment criticism will be initiated by any member of the Home of Representatives or by a citizen with a Home member’s endorsement. The criticism should specify the explanations for impeachment.
- Home committee deliberation
As soon as filed, the criticism is referred to the Home Committee on Justice. This committee assesses whether or not the criticism is legitimate. In the event that they discover benefit, they may maintain hearings and examine the allegations.
After their investigation, the committee should submit a report back to the Home inside 60 session days. This report features a decision, which might be thought of by the Home inside 10 session days of receipt.
Following the committee’s assessment, the members of the Home of Representatives vote on whether or not to undertake the articles of impeachment. A one-third vote of all members is required to maneuver the method ahead.
If the Home approves the articles of impeachment, the case strikes to the Senate, which acts because the impeachment court docket. Based on Part 3(7), “[t]he Senate shall have the only energy to try to resolve all instances of impeachment. When sitting for that goal, the Senators shall be on oath or affirmation.”
A two-thirds majority of all senators is required to convict and take away the Vice President, which implies not less than 16 out of 24 senators should vote in favor of impeachment.
If convicted, the Vice President might be faraway from workplace and disqualified from holding any place within the authorities. The Structure likewise famous that the person should face prosecution and punishment in keeping with the legislation.
Who fills the spot after impeachment?
If the Vice President is impeached and faraway from workplace, Part 9 of Article VII of the Structure comes into play. This part grants the President the authority to appoint a brand new Vice President, who should then obtain affirmation from each the Home of Representatives and the Senate.
“Every time there’s a emptiness within the Workplace of the Vice-President in the course of the time period for which he was elected, the President shall nominate a Vice-President from among the many Members of the Senate and the Home of Representatives who shall assume workplace upon affirmation by a majority vote of all of the Members of each Homes of the Congress, voting individually,” the 1987 Structure said.
GRAPHIC: Ed Lustan / INQUIRER.internet
In 2001, Gloria Macapagal Arroyo appointed then-Senate Minority Chief Teofisto Guingona Jr. as her Vice President after her succession to the presidency, following the ouster of Joseph Estrada.
In a televised handle, Arroyo defined her choice to decide on Guingona from an inventory of six candidates, highlighting his distinguished function within the motion that led to Estrada’s elimination from workplace in January of that yr.
“Allow us to not overlook that it was his ‘I Accuse’ privilege speech that helped set off the occasions that led to EDSA Dos,” mentioned Arroyo.
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