77996286 primer on impeachment

7/30/2019 77996286 Primer on Impeachment

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A Primer on the NewRulesof Procedure Governing

Impeachment Trials in theSenate of the Philippines

By:

ATTY. AMADO F. MARALIT, LLM, MPA, CEO VISenate Parliamentary Counsellor

A Project of:

PUBLIC RELATIONS AND INFORMATION BUREAUSenate of the Philippines


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1. What should the Senate do upon receipt of articles ofimpeachment?

Upon receipt of articles ofimpeachment:

a) The Senate shall specify the date and time for theconsideration of such articles.1

b) The Senate President shall inform the House that theSenate shall take proper order on the subject ofimpeachment and shall be ready to receive theprosecutors on such time and date as the Senate mayspecify.2

c) If it is the Chief Justice that shall preside,

notice shall be given to him by the SenatePresident of the time and place fixedfor the consideration of the articles ofimpeachment, with a request toattend.3

d) The Senate shall organize itself as anImpeachment Court.

2. How does the Senate organize itself into an ImpeachmentCourt?

Before proceeding to the consideration of the articles ofimpeachment:

a) The Presiding Officer shall be administered the prescribed oathor affirmation.4

b) The Presiding Officer shall administer the prescribed oath oraffirmation to the Members of the Senate then present and to

the other Members of the Senate as they shall appear, whoseduty it is to take the same.5

1 Rule III (2), Senate Rules of Procedure on Impeachment Trials2 Rule I, Senate Rules of Procedure on Impeachment Trials3 Rule II (1), Senate Rules of Procedure on Impeachment Trials4 Rule II, Senate Rules of Procedure on Impeachment Trials5 Rule III


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3. What happens after the organization of the Senate?

a) A writ of summons shall be issued to the person impeached,reciting or incorporating said articles, and notifying him/her to

appear before the Senate upon a day and at a place to be fixedby the Senate and named in such writ, and to file his/herAnswer to said articles of impeachment within a non-extendibleperiod of ten (10) days from receipt thereof; to which the

prosecutors may Reply within a non-extendible period of five

(5) days therefrom and to stand and abide by thejudgments of the Senate.6

orders and

4. How should the writ of summons be served?

The writ shall be served by personal service. The writ ofsummonsshall be served by such officer or person named in the order

thereof, not later than three (3) days prior to the day fixed for suchappearance of the person impeached, by delivery of an attested

copy thereof to the person impeached.7

5. If personal service cannot be done, what otherservice may be availed?

mode of

Service may be made by leaving a copy of thewrit of summons with a person of sufficient ageand discretion at his/her last known address orat his/her office or place ofbusiness.8

6. If service of the writ of summonsfails, shall the proceedings abate?

No. Further service may be made in suchmanner as the Senate shall direct.9


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6 Rule VII (1), Senate Rules of Procedure on Impeachment Trials7 RuleVII8 Rule VII (2)9 Rule VII (2)


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7. Shall the impeachment trial proceed even if the personimpeached fails to appear before the Senate or fails to filehis/her Answer to the articles ofimpeachment?

Yes, the trial shall proceed nonetheless as upon a plea of not guilty

if, after service, the person impeached shall fail to appear, either inperson or by counsel, on the day so fixed or though appearing,

shall fail to file his/her Answer to such articles ofimpeachment.10

8. If a plea of guilty is entered, shall trial neverthelessproceed?

No. If a plea of guilty shall be entered, judgment may be entered

thereon without further proceedings.11

9. What shall the Secretary do upon the dateand time designated by the Senate for thereturn of summons against the personimpeached?

The Senate Secretary shall administer the oathor affirmation contemplated under the Rules tothe returning officer. This oath or affirmationshall be entered at large on the records.12

10. What is the duty of the Secretary upon the hour of

the day appointed by the Senate for the trial of animpeachment case?

The Senate Secretary shall give notice to the House of

Representatives that the Senate is ready to proceed upon the trialof the person impeached in the Senate Chamber.13

11. What is the duty of the Senate President upon the

hour of the day appointed by the Senate for the trial ofanimpeachment case?

10 Rule VII (2)11

Rule VII (2)12 Rule VIII


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13 Rule X


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The Presiding Officer shall cause the proclamation to be made thatthe business of the trial shall proceed.14

12. What powers may the Presiding Officer exercise?

a. The power to make and issue, by himself or by the Senate

Secretary, all orders, mandates, and writs authorized by theseRules or by the Senate; and

b. The power to make and enforce such other regulations andorders in the premises as the Senate may authorize to provide.15

13. How long will the impeachment trial last?

Unless the Senate provides otherwise, it shall continue in sessionfrom day to day (except Saturdays, Sundays, and nonworking

holidays) until final judgment shall be rendered, andlonger as may, in its judgment be necessary.16

so much

14. Should the Senators observe political neutrality?

Yes, during the course of the impeachment trial. Political

Neutrality shall be defined as the exercise of a public officialsduty without unfair discrimination and regardlessaffiliation.17

of party

14 Rule XI15 Rule IV

16 Rule III17 Rule III


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15. How shallthe proceedings ofthe impeachmentcourt be recordedand reported?


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The Senate Secretary shall record the proceedings in cases ofimpeachment as in the case of legislative proceedings, and the

same shall be reported in the same manner as theproceedings of the Senate.18

legislative

16. Are the parties on either side entitled to counsel?

Counsel for the pa ties shall be admitted to appear and be heard

upon an impeachment: Provided that counsel for the prosecutorsshall be under the control and supervision of theprosecutors of the House ofRepresentatives.19

panel of

17. To whom shall all motions, objections, requests orapplications be addressed?

All motions, objections, requests, or applications whether relatingto the procedure of the Senate or relating immediately to the trial(including questions with respect to admission of evidence or otherquestions arising during the trial) shall be addressed to the

Pres iding Off icer only.20

18. Is it necessary that all the motions, objections,requests or applications mentioned above be inwriting?

As a general rule these are not required to be inwriting. But ifthe

Presiding officer or any Senator shall require it, these shallbe committed to writing, and read at the Secretarys

table.21

19. May the Senate compel the

attendance ofwitnesses?

Yes.22


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18 Rule XII19 Rule XIII20 Rule XIV21 Rule XIV22 RuleV


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20. How shallexamined?

witnesses be examined and cross-

Witnesses shall be examined by one person on behalf of the party

producing them, and then cross-examined by one person on theother side.23

21. May a Senator be called as awitness?

Yes. If a Senator is called as a witness, he/she shall be sworn, andgive his/her testimony standing in his/her place.24

22. If a Senator wishes to put a question tohow long may he do so? a witness

The Senator shall put a question to the witness within two minutes.He/She may also offer a motion or order in writing which shall besubmitted to the Presiding Officer. 25

23. May a Senator put a

question to a prosecutor orcounsel?

Yes. He/She may also offer a motion ororder in writing which shall be

submitted to the Presiding Officer.26

24. Is the impeachment trial open to the public?

At all times while the Senate is sitting upon the trial of an

impeachment, the doors of the Senate shall be open to the public.Silence shall be observed by the visitors at all times,eviction from the trialvenue.27

on pain of

23 Rule XV24

Rule XVI25 Rule XVII


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26 Rule XVII27 Rule XVIII


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25. May the Presiding officer and the Senators make anycomments and disclosures in public about thethe trial?

merits of

They shall refrain from making any comments and disclosures inpublic pertaining to the merits of a pending impeachment trial.28

26. Does the above rule also apply to prosecutors, to theperson impeached and to their respective counsel and

witnesses?

Yes, they shall also refrain from making any comments anddisclosures in public pertaining to the merits of

impeachment trial.29

a pending

27. How long may preliminary or interlocutory

questions, and motions be argued?

They may be argued for not exceeding one (1) hour on each side,unless the Senate orders otherwise.30

28. How many persons mayopen the case on each side?

Only one on eachthe case.31

side may open

29. How many persons on each side may make the final

argument on the merits?

The final argument on the merits may be made by two (2) personson each side (unless otherwise ordered by the Senate uponapplication for that purpose), and the argument shall be opened

and closed on the part of the House ofRepresentatives.32

28 Rule XVIII29 Rule XVIII

30 Rule XIX


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31 Rule XX32 Rule XX


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30. When should Senators vote on the final question (onwhether or not the impeachment is sustained)?

The Senators vote on the final question after the trial of all the

articles of impeachment shall have been completed.33

31. How shall the vote on the finalquestion be taken?

The vote shall be taken on each article ofimpeachment separately.34

32. When shall a judgment ofacquittalbe entered?

Judgment of acquittal shall be entered if the impeachment shallnot, upon any of the articles presented, be sustained by the votes oftwo-thirds of all the Members.35

33. When should the Senate proceed to pronouncejudgment ofconviction?

The Senate shall do so if the person impeached shall be convictedupon any of the articles of impeachment by the vote of two-thirdsof all the Members. A certified copy of such judgment shall bedeposited in the Office of the Secretary.36

34. Is a motion for reconsideration of the vote ofjudgment for acquittal or conviction in order?

A motion to reconsider the vote by which an article of

impeachment is sustained or rejected shall not be in order.37

33 Rule XXI34 Rule XXI35 Rule XXI36 Rule XXI37 Rule XXI


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35. What procedure is to be followed when there is anobjection to any order or decision of the Senate?

All orders and decisions may be acted upon without objection. Ifobjection is heard, the orders or decisions shall be voted on

without debate byyeas and nays, which shall be entered on the

record, subject however, to the operation of Rule VI. In that case,no Senator shall speak for more than once on one question, andnot for more than ten (10) minutes on an interlocutory question,and for not more than fifteen (15) minutes on the final question,unless by consentmotion to adjourn

of the Senate, to be had withoutmay be decided without the yeas

debate. Aand nays,

unless they be demanded by one-fifth (1/5) of the Senators present.The fifteen minutes herein allowed shall be for the whole

deliberation on the final question, and not on the final question oneach article ofimpeachment.38

36. May the Senate enforce obedience to its orders,mandates, writs andjudgments?

Yes.39

37. May the Senate punish for contempt?

The Senate shall have the power to punish in a summarywaycontempt of, and disobedience to, its authority, orders, mandate,writs, orjudgments.40

38. Does the Senate have the power

to make orders, rules, andregulations?

Yes, it was the power to make such lawfulorders, rules, anddeem essential orjustice.41

regulations which it mayconducive to the ends of

38 Rule XXII

39 RuleV


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P a g e | 1111140 Rule V41 Rule V


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39. Is the Sergeant at Armsallowed to employ aid and assistancefor the enforcement and execution ofthe lawful orders, mandates, and writs

of the Senate?

Yes. He may do so under the direction of theSenate President.42

40. What type of questions may the Senate President orChief Justice, when presiding on the trial, rule on?

Either may rule on all questions of evidence including, but not

limited to, questions of materiality, relevancy, competency oradmissibility of evidence and incidental questions.43

41. Shall the ruling of the Senate President or Chiefjustice on the aforesaid questions stand as the ruling ofthe Senate?

Yes, unless a Senator shall ask that a formal vote be taken thereon,in which case it shall be submitted to the Senate for decision afterone contrary view is expressed.44

42. May the Presiding Officer in the first instance throwthe question to the Senate?

Yes, he/she may submit any such question to a vote of theSenators.45

43. For how long may the motion for a vote on the

question and a contrary opinion take?

42 Rule V43 Rule VI44 Rule VI45 RuleVI


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Said motion and the contrary opinion shall take not more than two(2) minutes each, with a one-minute rebuttal allowed for the

proponent of the motion.46

44. Will the Rules of Court and the Rules of the Senatefind application in the impeachment trial?

The provisions of the Rules of the Senate and the Rules of Courtshall apply in a suppletory manner whenever applicable.47

45. How is the question put on each article ofimpeachment?

The Presiding Officer shall first state the question. Thereafter,

each Senator, as his/her name is called, shall rise in his/her placeand answer: guilty or notguilty.48

46. When does the Presiding Officervote?

The vote of the President of the Senate on each article of

impeachment, when acting as the presiding officer, shall be lasttaken after all the Senators have stated theirvotes.49

47. May a Senator explain his/hervote?

Yes if he/she so wishes, for not more than two(2) minutes.50

48. Who shall serve all process?

All process shall be served by the Sergeant atArms of the Senate, unless otherwise orderedby the Senate.51

46 RuleVI47 RuleVI48 Rule XXI49 Rule XXI50 Rule XXI51 Rule XXIII


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49. May the Senate enforce obedience to its orders,mandates, writs andjudgments?

Yes.52

50. If the Impeachment Court fails to sit on the hourfixed for the consideration of the articles ofimpeachment

what may the Senate do?

The Senate may by an order to be adopted without debate, fix a dayand hour for resuming consideration.53

51. Has the Rules of Procedureon Impeachment Trials beenpublished?

Yes, in the 26 March 2011 of the ManilaBulletin (p.9) and the Manila Times (p.A7).

The Rules can be accessed at the Senatewebsite: www.s enate. gov .p h5 4

52 Rule V53 Rule XXIV54 Rule XXV
http://www.senate.gov.ph54/http://www.senate.gov.ph54/http://www.senate.gov.ph54/


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GUIDELI ESFOR MEDIA COVERAGE

of the Impeachment Trial ofChiefJustice Renato Corona

*amended as of 28

December 2011

I. Is media accreditation for the impeachment trial coverage

mandatory?

Media accreditation for the Impeachment coverage is mandatory. Only

reporters wearing the Impeachment IDs will be allowed inside the

premises of the Impeachment venue. The O ID, O E TRYpolicy

shall be strictly enforced.

The Senate Public Relations and Information Bureau (PRIB) is

responsible for media accreditation and Impeachment ID Card issuance.

II Where, when and how can media apply for accreditation?

SE ATE REPORTERS

Senate beat reporters are not required to apply for accreditation and shallautomatically be accredited.O - SE ATE REPORTERS

All media persons, including FOCAP members, representatives of other

media agencies, provincial media persons and crew members ofTV/radio

reporters who are not in the list of Senate accredited media, are required

to apply foraccreditation.

Applicant must submit the duly accomplished accreditation form with 2

pieces of 1x1 photo, proper credentials and letter of assignment from his/

her media organization editor/networkmanager. The I m p eac h m e nt I D C ar d s s h a ll b e c l a i m e d f r o m P R I B d u r i ng o f f i c e

hours.

III. When is the absolute deadline for filing of application for

accreditation?


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The non-extendible deadline for filing of application for accreditation is on 11

J A UARY 2 0 1 2. Temporary accreditation IDs or one (1) day media pass shall

be issued on a case-to-casebasis.

IV. What should a media person do if he/she lost his/her ID?

The Impeachment ID Cards are non-transferable and cases of lost ID should be

reported immediately to PRIB.

V. What are the designated areas where media can stay or set-up

equipment?

DESIG ATED AREAS FOR MEDIA PERSO EL

Designated seats for the reporters at the right and left galleries of the

Plenary Hall shall be on a first-come, first-served basis, among other

considerations. Due to limited seats, PRIB will be issuing seat stubs.

o Media representatives are requested to stay at their designated areas in

the Plenary Hall during the official proceedings. Two committee

rooms will serve as Media Room, a working area for TV and radio

networks, members of FOCAP and other media personalities. Setting-

up of portable/makeshift TV studios is allowed only in the MediaRoom. All press briefings shall be conducted in this area.

o Each network shall provide its own personnel to secure its own

equipment. Network personnel involved in equipment installation and

operation shall wear their IDs at all times.o Extra installation shall not be allowed beyond the designated area of

the network.

Broadcast media personnel undertaking live coverage, stand-up reporting,

and interviews shall be allowed only in the Media Room.

I TERVIEWS WILL OT BE ALLOWED I THE HALLWAYS

A D THE PLE ARY HALL. Media personnel who violate this

provision will face immediate cancellation of theiraccreditation.OTE: Only Senate beat reporters will be allowed to use the Locsinroom/Press Office. Non-Senate beat reporters may use the Media Room.

VI. What is the procedure for media reception?

MEDIA E TRY CHECKDESK


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o Security directs media person to Media Entry Check Desk at the

Senate Lobby.

o PRIB Staff / Coordinator asks for Impeachment ID and counterchecks

ID with master list. If the name is in the master list, PRIB Staff /Coordinator requests media persons to proceed to the Media Room on

the second floor while media personnel with equipment must secure

security tags from the Office of the Sergeant-at-Arms (OSAA) at the

Security Desk (only for cameramen, photographers and those with

other media equipment).

PLE ARY HALL

o OSAA Officer ushers media person to his/her designated seat/area.o All doors of the Plenary Hall will be closed at exactly 2 : 00 p. m. for

the Impeachment Trial.

VII. Is there a designated parking space formedia?

The area nearest the left side of the flagpole is the designated parking

area for O u tsi de Br o a d c a s t ( OB ) V a n s a nd g e n er a t o r set s.

D ue to s p ac e co n s tr a in ts , o n l y te n ( 1 0 ) sl o ts ar e a l lo tte d t o O B V a ns and

g e n e r a t or s e t sof A B S - C BN 2 ,G M A 7 ,T V 5 ,S O L A R T V a nd NBN 4in

th e p a r k i n gl ot. PRIB,t oget herwitht hefi veTVnetworks,shallp r ov id e a u d io -

v id e o li v e f e e dt o al l ot her networks.

O n ly o n e ( 1) O B V a n sy st e m c o m p o se d o f one ( 1 ) O B V a n a n d o n e (1)g e n e r a t or se t p e r TV n et w o r k s h a ll be a ll o w e d t o pa r k o n t w o ( 2 )parking

s lo ts .

Tho s e w h o c ou ld n ot b e ac c o mm o d at e d in the S e n a t e p a r k i ng lo t may

p a r k o u ts i d e the S e n a te m ai n g a t e .

VIII. Press photographers and cameramen

PRESS PHOTOGRAPHERS

o To decongest the Plenary Hall, press photographers will be given

not more than three-minute photo opportunity before the start ofthe trial after which only PRIB in-house photographers will be

allowed to cover the proceedings for documentationpurposes.

o Media will be provided with the PRIB photographs upon request.

o Requests for soft copies of the photo documentation proceedings

should be coursed through PRIB personnel EDWARD


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GA AL who will be assigned at the Press Office to facilitate

transfer offiles.

CAMERAMEo Due to limited space in the Plenary Hall and the numerous requests

for live coverage, only PRIB and the five networks cameramenand their broadcast equipment are allowed inside the Plenary Hall.

o There will be distribution amplifiers in the Media Room where

other networks can hook-up for the live coverage.

IX. Security measures

Security personnel from the Office of the Senate Sergeant-at-Arms

(OSAA) will be assigned to the Press Office and the Media Room to

avoid unauthorized entry and prevent loss ofequipment.

X. Other Concerns

PRIB will assist the Impeachment Court and will be on hand to help

facilitate press briefings. For better coordination, PRIB will consult with

media on who will be interviewed during pressbriefings.

The PRIB Press Office will be open from 8:00 a.m. until 8:00 p.m. There

will be PRIB staff to assist the reporters during the Impeachment Trial.

Due to the expected big number of media who will cover the event, print

reporters are advised to bring their laptops/notebooks if they intend to file

stories and dispatch at the PRIB Press Offices.

Media representatives are advised to switch-off cell phones, beepers,

radios and other communications equipment so as not to distract the trialproceedings.

XI. Contact Persons For Accreditation

Mr. Noriel Mercado 5526739; 552-6601 local 2674

Ms. Ivy Cadayona & Ms. Olive Caunan 5526755/23; 552-6601 loc. 4686

Email add: olive.c a un a n@ g m ail.c o m

Layoutby:Apple Buenaventura PRIB
mailto:[email protected]:[email protected]:[email protected]


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PUBLIC RELATIONS AND INFORMATION BUREAU (PRIB)Rm. 415-B Senate of the Philippines, GSIS Bldg., Financial Center, Roxas Blvd., PasayCity

Tel. Nos.: 552-6601 to 70 loc. 4686 / 552-6723 / 552-6755E-mail: s e n a t e _ i nf o @ yaho o . c o m

MR. RAYMUNDO R. CORROBureau Director

MR. SAMUEL Y. SANTOSDirector III, Print Media Service

MS. FLEUR DE LIZ A. GODOYDirector III, Broadcast Media Service
mailto:[email protected]:[email protected]

77996286 primer on impeachment

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