12. Power of Impeachment

Power of Impeachment

1987 CONST., art. XI, secs. 2-3

> ARTICLE XI

Accountability of Public Officers SECTION 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.

SECTION 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 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. 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.

Updated: “Forthwith” requires the Senate impeachment trial to proceed within a reasonable time under the circumstances, rather than immediately (Generillo v. Senate of the Philippines, G.R. No. 278311, 22 April 2026).

Power of impeachment

The House of Representatives shall have the exclusive power to initiate all cases of impeachment [Section 3(1), Article XI, 1987 Constitution].

Initiation: Regular Procedure [Section 3(2) & (3), Article XI, 1987 Constitution]

FILING by (a) any member of the HOR or (b) any citizen upon endorsement by a member of the HOR; followed by REFERRAL to the proper HOR Committee (i.e. HOR Committee on Justice)

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COMMITTEE REPORT by proper committee, which either favorably or unfavorably resolves the complaint

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Above resolution is AFFIRMED (if favorable) or OVERRIDDEN (if unfavorable) by vote of ⅓ of ALL the members of the HOR

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Verified complaint or resolution [Section 3(4), Article XI, 1987 Constitution] FILED by 1/3 of all the members of the HOR; trial by Senate forthwith proceeds.

Notes on Initiation [Gutierrez v. HOR Committee on Justice, G.R. No. 193459 (2011)]

• No impeachment proceeding shall be initiated against the same official more than once within a period of one (1) year [Section 3(5), Article XI, 1987 Constitution].
• Initiation means filing coupled with referral to the Committee on Justice
• The Court cannot make a determination of what constitutes an impeachable offense; it is a purely political question [Francisco v. House of Representatives, G.R. No. 160261(2003)].
• On motion to inhibit: Impeachment is a political exercise. The Court cannot apply (to Congressmen) the stringent standards it asks of justices and judges when it comes to inhibition from hearing cases.
• Constitutional requirement that HOR shall promulgate its rules on impeachment [Sec. 3(8), Art. XI, 1987 Constitution] is different from the publication requirement in Tañada v. Tuvera, supra.

Updated: “Forthwith” requires Senate action within a reasonable time, while judicial review may address constitutional limits on the impeachment process without deciding removal or disqualification (Generillo v. Senate of the Philippines, G.R. No. 278311, 22 April 2026; Torreon v. House of Representatives, G.R. No. 278359, 28 January 2026).

Exclusive Power To Initiate

The House of Representatives shall have the exclusive power to initiate all cases of impeachment (PHIL. CONST., art. XI, § 3(1).)

• The impeachment proceedings begin with a complaint filed with the House of Representatives either by a member of the House or by any citizen supported by a resolution of endorsement by any member. The complaint is referred to a Committee which prepares a report (which can be favorable or unfavorable). In either case, the House by a vote of 1/3 of all its members decides whether complaint should be given due course. (PHIL. CONST., art. XI, § 3(2 & 3).)
• Referral to the Committee and decision by the House is unnecessary if the complaint is filed by at least 1/3 of all the members of the house (PHIL. CONST., art. XI, § 3(4).)

Updated: A complaint filed by at least one-third of House members bypasses committee referral, but compliance with that filing mode must still be verified (Torreon, G.R. No. 278359, 28 January 2026).

Exclusive Power to Try and Decide

The Senate has the sole power to try and decide impeachment cases. Conviction requires the concurrence of two-thirds of all its Members (PHIL. CONST., art. XI, § 3(6)).

Judgment in an impeachment case is limited to:

• Removal from office; and
• Disqualification from holding any office under the Republic of the Philippines (PHIL. CONST., art. XI, § 3(7)).

The following officers may be impeached (PHIL. CONST., art. XI, § 2):

• The President;
• The Vice-President;
• Members of the Supreme Court;
• Members of the Constitutional Commissions; and
• The Ombudsman.

Grounds for impeachment (PHIL. CONST., art. XI, § 2):

• Bribery;
• Graft and corruption;
• Culpable violation of the Constitution;
• Treason;
• Betrayal of public trust; and
• Other high crimes.

Who may initiate impeachment case

The House of Representatives has exclusive power to initiate all cases of impeachment.

Procedure:

• Filing of verified complaint. Can be filed by:
• Any member of the House of Representatives
• Any citizen upon a resolution of endorsement by any Member of the House
• By at least 1/3 of all the Members of the House of Representatives
• If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall proceed.
• Inclusion of complaint in the order of business within 10 session days
• Referral to proper Committee within 3 session days thereafter
• Submission of committee report to the House together with corresponding resolution
• The Committee shall submit its report within sixty session days from referral, after hearing and by a majority vote of all its Members.
• Calendaring of resolution for consideration by the House
• Should be done within 10 session days from receipt thereof
• Vote of at least 1/3 of all the members of the House necessary to:
• Affirm a favorable resolution with the Articles of Impeachment of the Committee or
• To override its contrary resolution

Roles of the 3 branches of Government in impeachment:

• Senate has sole power to try and decide cases of impeachment;
• If the President is on trial, the Chief Justice presides but does not vote;
• The Supreme Court can determine if Congress committed grave abuse of discretion amounting to lack or excess of jurisdiction (ex. recognizing two impeachment complaints).

For impeachment, judgment of conviction requires the concurrence of 2/3 of all the Members of the Senate.

Only one impeachment proceeding should be initiated against an impeachable officer within a period of one year. (Gutierrez v. House Committee on Justice, G.R. 193459, 2011)

The SC found it well-within its power to determine whether Congress committed a violation of the Constitution or gravely abused its discretion in the exercise of its functions and prerogatives that could translate as lack or excess of jurisdiction in taking cognizance of two impeachment complaints that are inquisitorial in function, akin to a preliminary investigation. (Gutierrez v. House Committee on Justice, G.R. 193459, 2011).

The 1-year period shall be counted from the filing and referral of the first impeachment complaint to the proper House committee. Impeachment proceedings pertain to the proceedings in the House of Representative which commences from the initiation of the complaint, to the referral to proper committees, to submission of the report to the House, subsequent deliberation, and ends with the transmittal of the Article of Impeachment to the Senate. An impeachment case pertains to a trial in the Senate which commences at the time the Articles of Impeachment are transmitted to the Upper House. (Gutierrez v. House Committee on Justice, G.R. 193459, 2011).