The Integrated Bar of the Philippines has cautioned on the serious implications of the filing impeachment charges.
“May we express the hope that impeachment as a process is not being brandished as a weapon of submission, thereby defeating Constitutional design that the judicial branch be insulated from considerations other than the facts and the law in discharging its function of adjudication,” said the more than 55,000-strong member group, through its national President Atty. Abdiel Dan Elijah Fajardo.
The IBP added that while impeachment is one of the tools in the Constitution to exact accountability, its frequent use could dilute its power, and strain the limited power of Congress.
“Impeachment is a scalpel, not a broadsword, and even if it were the latter, no sword retains its sharpness if swung too far, and too often,” the IBP said.
Perforce, practical considerations dictate the establishment of an immunity from suit in favor of the State.
Otherwise, and the State is suable at the instance of every other individual, government service may be severely obstructed, and public safety endangered because of the number of suits that the State has to defend against.
”The immunity of the State from suit, known also as the doctrine of sovereign immunity or non-suability of the State, is expressly provided in Art. XVI of the 1987 Constitution in Section 3, “The State may not be sued without its consent”.
The 1987 Constitution lays down rules to make top officials accountable through the process of Impeachment; Sec. 2, Art. XI of the Constitution says that the President, Vice President, members of the Supreme Court, members of constitutional commissions, and the Ombudsman may be removed from office via impeachment on the following grounds: Culpable violation of the Constitution, Treason, Bribery, Graft and corruption, Betrayal of Public Trust, and other high crimes.
Any member of the House of Representatives or any Filipino citizen may also file a complaint, which should be endorsed by a House member. At least one-third of the House members may likewise file a verified complaint or resolution of impeachment.
After conducting hearings, the Justice Committee should file, within 60 days from referral, a formal resolution to the House plenary regarding the impeachment complaint. If there is probable cause, the committee will also submit a resolution setting the Articles of Impeachment. At least one-third (97) of the 297 House members voting for the Articles of Impeachment will be needed for it to be endorsed to the Senate.
UST Dean Tony Laviña, opined: “Impeachment cannot be used as a tool to persecute or silence perceived political opponents or critics, or to subject Presidents or other officials to harassment for performing their duties. This could never have been the intent of the framers of the Constitution.”
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