Impeachable Offenses

The Constitution limits the offenses to the following: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

In the 1935 and 1975 constitution, betrayal of public trust was not an impeachable offense.

Culpable violation of the constitution

For purposes of impeachment, “culpable violation of the constitution” is defined as “the deliberate and wrongful breach of the Constitution.” Furthermore, “Violation of the Constitution made unintentionally, in good faith, and mere mistakes in the proper construction of the Constitution do not constitute and impeachable offense.”

Treason

According to the Revised Penal Code, treason is defined as “Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere.”

Bribery

The Revised Penal Code defines bribery in two forms:

Direct bribery is “committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.”

Indirect bribery is “committed by a public officer when he accept gifts offered to him by reason of his office.”

Graft and corruption

Any violation of the Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act is an impeachable offense.

Other high crimes or betrayal of public trust

In Francisco Jr. vs. Nagmamalasakit na mga Manananggol ng mga Manggagawang Pilipino, Inc., the Supreme Court purposely refused to define the meaning of “other high crimes or betrayal of public trust,” saying that it is “a non-justiciable political question which is beyond the scope of its judicial power.” However, the Court refuses to name which agency can define it; the Court impliedly gives the power to the House of Representatives, which initiates all cases of impeachment.

Be the first to start a conversation

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

%d bloggers like this: