Let us congratulate the Filipino nation for having a successful conduct of the impeachment of a Chief Justice of the Supreme Court that will go down in history as the first, and an indication of our growth as a democracy. The whole process was transparent and unique under the leadership of Senate President Juan Ponce Enrile.
There had been questions as to the propriety of how the impeachment was commenced, but the 1987 Constitution provides for the manner in which it is initiated.
Section XI, of the 1987 constitution states, that:
“Sec. 2. The president, the vice-president, the members of the supreme court, the members of the constitutional commissions and the ombudsman may be removed from office on impeachment for, and 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.
Sec. 3. 1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.
2) A verified complaint for impeachment may be filed by any member of the house of representatives or by any citizen upon a resolution of endorsement by any member thereof, which shall be included in the order of business within ten 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 sixty 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) 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. the vote of each member shall be recorded.
4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House, the same shall constitute the articles of impeachment, and trial by the senate shall forthwith proceed.
5) No impeachment proceedings shall be initiated against the same official more than once within a period of one year.
6) The Senate shall have the sole power to try and decide al cases of impeachment. When sitting for that purpose, the senators shall be on aoth or affirmation. When the President of the Philippines is on trial, the chief justice of the supreme court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the members of the senate.
7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment according to law.
8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.”
Thus, by and large, the process was initiated according to constitutional precepts.
Most people agree that what clinched the guilty verdict was the testimony of the Ombudsman, and the narrative admissions of the Chief Justice. The issue was: Whether or not he has the moral fitness to stay in office.
His narrative testimony watched by the whole nation worked against him.
Res ipsa loquitur. (The matter speaks for itself.)
