Constitutional Framework and Initial Proceedings
The impeachment trial process begins when the Senate receives the articles of impeachment as per Article XI, Sections 2 and 3 of the Constitution. The Senate President must inform the House of Representatives of the Senate’s readiness to proceed and receive prosecutors.
When trying the President of the Philippines, the Chief Justice presides without voting power. In all other impeachment cases, the Senate President presides. Both must take prescribed oaths before proceedings begin.
Trial Procedures and Operations
The Senate operates continuously during trials, except on weekends and holidays, until reaching a final judgment. Senators must maintain political neutrality throughout the proceedings, defined as exercising duties without discrimination regardless of party affiliations. At present, impeachment proceedings before the Senate are governed by Senate Resolution No. 39 (2023).
The Senate President as Presiding Officer holds significant authority to:
- Issue orders, mandates, and writs
- Enforce regulations
- Rule on evidence-related questions
- Maintain order during proceedings
Rights and Responsibilities of the Accused
The accused receives a formal summons containing:
- The articles of impeachment
- A notification to appear before the Senate
- A 10-day non-extendible period to file an Answer
- The prosecution’s 5-day window to Reply
If the accused fails to appear or respond, the trial proceeds as if there was a not-guilty plea.
Trial Conduct and Proceedings
The trial typically begins at 2:00 PM, unless otherwise specified. The notable procedural elements include:
- Public access to proceedings but strict silence requirements for visitors
- Time limits on arguments and questioning. If a Senator wishes to put a question to a witness, he/she shall do so within two (2) minutes.
- Structured presentation of evidence
- Examination and cross-examination of witnesses
Counsel for the parties shall be admitted to appear and be heard upon an impeachment: Provided, That counsel for the prosecutors shall be under the control and supervision of the panel of prosecutors of the House of Representatives.
All motions, objections, requests, or applications whether relating to the procedure of the Senate or relating immediately to the trial (including questions with respect to admission of evidence or other questions arising during the trial) made by the parties or their counsel shall be addressed to the Presiding Officer only, and if he, or any Senator, shall require it, they shall be committed to writing, and read at the Secretary’s table.
Final Judgment and Voting
The trial concludes with separate votes on each article of impeachment. Conviction requires:
- Completion of all article trials before voting
- Two-thirds majority of all Members of Senate for conviction
- Individual Senator votes recorded as “guilty” or “not guilty”
- No reconsideration of votes allowed
A judgment of acquittal is entered if the two-thirds threshold isn’t met on any article. Upon conviction, the Senate pronounces judgment and files a certified copy with the Senate Secretary’s Office.
By understanding what happens in an impeachment trial, citizens can better advocate for transparency and integrity within their government. Engaging with these issues is essential for promoting a healthy democratic system.
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com .
