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MANILA, Philippines—Impeachment, a constitutional tool of last resort, ensures that high-ranking officials who commit grave offenses are held accountable.

In the Philippines, it serves as a powerful reminder that no public official is above the law, emphasizing that power comes with responsibility — and consequences.

Under Article XI of the 1987 Constitution, the officials subject to impeachment include:

• The President
• The Vice President
• Members of the Supreme Court
• Members of Constitutional Commissions (e.g., Commission on Elections, Commission on Audit, Civil Service Commission)
• The Ombudsman

These officials can only be removed from office via impeachment for offenses such as culpable violations of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust.

The impeachment process

The impeachment process, detailed in Section 3 of Article XI, involves the following steps:

1. Filing of the impeachment complaint: Any member of the House of Representatives or a private citizen (with a House member’s endorsement) may file a verified impeachment complaint. The complaint must detail the charges against the official and be filed within ten session days for inclusion in the House’s Order of Business.
2. House Committee deliberation: The complaint is referred to the House Committee on Justice, which determines its sufficiency in form and substance. If deemed sufficient, the committee conducts hearings and investigations, then submits a report and resolution to the House within 60 session days.
3. ±á´Ç³Ü²õ±ðÌý±è±ô±ð²Ô²¹°ù²âÌý±¹´Ç³Ù±ð: A vote by at least one-third of all House members is required to approve the articles of impeachment. If this threshold is met, the impeachment case moves to the Senate.
4. ³§±ð²Ô²¹³Ù±ðÌý³Ù°ù¾±²¹±ô: The Senate serves as the impeachment court, with senators sitting on oath or affirmation. If the President is being impeached, the Chief Justice presides but does not vote. A two-thirds majority vote of all current members of the Senate (16 out of 24 senators) is required to convict and remove the official from office.

Consequences of impeachment

A convicted official is removed from office, disqualified from holding any future government position, and may face prosecution under existing laws. Despite their removal, they remain accountable for their actions, and penalties extend to criminal and civil liabilities.

Filling the vacancy

When an impeached official’s position becomes vacant, specific constitutional provisions dictate the process for filling the role:

• For the President: If the President is removed, the Vice President assumes office.
• For the Vice President: The President nominates a replacement from among the members of Congress. This nominee must be confirmed by a majority vote of all House and Senate members, voting separately — as outlined in Section 9, Article VII of the Constitution.
• For Supreme Court Members, Constitutional Commission Members, and the Ombudsman: Appointments follow the standard nomination process, with the President selecting a candidate subject to confirmation by the Judicial and Bar Council or other appropriate bodies.

Powers and duties of the Ombudsman

The Office of the Ombudsman plays a crucial role in upholding accountability. As specified in Article XI, the Ombudsman has the authority to:

1. Investigate on its own or through complaints any illegal, unjust, or inefficient actions by public officials.
2. Direct public officials or government agencies to address inefficiency, mismanagement, or corruption.
3. Recommend disciplinary actions such as removal, suspension, or fines.
4. Ensure compliance with laws by reviewing the use of public funds or resources and reporting irregularities to the Commission on Audit.
5. Examine pertinent records and request assistance from government agencies to perform their duties.
6. Make public the results of investigations when necessary and appropriate.

The Ombudsman’s office, including deputies for Luzon, Visayas, and Mindanao, is independent and enjoys fiscal autonomy, ensuring it can fulfill its mandate effectively.

Impeachment cases

Several high-profile impeachment cases have shaped Philippine political history.

President Joseph Estrada became the first president to face an impeachment trial in 2000. He was accused of bribery, graft, corruption, and betrayal of public trust due to involvement in illegal gambling payoffs and mismanagement of public funds.

While his Senate trial ended abruptly due to controversy, the public’s outrage led to his removal through the EDSA II People Power Revolution. Estrada was later convicted of plunder in 2007 but was pardoned by his successor, Gloria Macapagal-Arroyo.

Another notable case involved Chief Justice Renato Corona, who was impeached in 2011 for betrayal of public trust and culpable violations of the Constitution. The charges included failure to disclose his Statement of Assets, Liabilities, and Net Worth (SALN) and partiality in high-profile cases.

In 2012, Corona was found guilty by the Senate and removed from office, marking a significant moment for financial transparency in public service.

Ombudsman Merceditas Gutierrez also faced impeachment in 2011 for alleged inaction on corruption cases such as the Fertilizer Fund scam and the NBN-ZTE broadband deal. However, she resigned before her Senate trial began, becoming the first Ombudsman to step down due to impeachment proceedings.

READ: Gutierrez trial aborted: Winners and losers

In 2018, Chief Justice Maria Lourdes Sereno’s tenure ended through a quo warranto petition rather than formal impeachment. The petition questioned the validity of her appointment, bypassing the traditional impeachment process. This sparked debates on judicial independence and the proper mechanisms for removing officials.

READ: Impeachment case: Credibility of Sereno accuser Gadon challenged

Vice President Sara Duterte is the latest high-ranking official to face an impeachment process and the first vice president in Philippine history to undergo this proceeding. On February 5, 2025, the House of Representatives voted 215-102 in favor of her impeachment, surpassing the required one-third vote threshold.

Duterte faces allegations of culpable violation of the Constitution, bribery, graft and corruption, and betrayal of public trust. Among the most serious accusations is the alleged misuse of up to 612.5 million pesos in confidential funds allocated to her office and the Department of Education (DepEd) from 2022 to 2023.

The case now moves to the Senate, where a two-thirds majority vote is required for her conviction and removal from office.

READ: Explainer: What happens when the VP is impeached?