Circumstances and persons concerned

The President, the Vice-President, the Justices 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 (Article 11, paragraph 2 of the Constitution). All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Modalities and procedure

The House of Representatives has the exclusive power to initiate all cases of impeachment. A verified complaint for impeachment may be filed by any deputy or by any citizen upon a resolution or endorsement by any deputy, which is included in the order of business within 10 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, submits its report to the House of Representatives within 60 session days from such referral, together with the corresponding resolution. The resolution is scheduled for consideration by the House of Representatives within 10 session days from receipt thereof.

A vote of at least one third of all deputies is necessary either to affirm a favourable resolution with the articles of impeachment of the committee, or override its contrary resolution. The vote of each deputy is recorded. In case the verified complaint or resolution of impeachment is filed by at least one third of all deputies, the same constitutes the articles of impeachment, and trial by the Senate may forthwith proceed. No impeachment proceedings may be initiated against the same official more than once within a period of one year. The Senate has the sole power to try and decide all cases of impeachment. When sitting for that purpose, the senators are on oath or affirmation. When the President is on trial, the Chief Justice of the Supreme Court presides, but may not vote. No person may be convicted without the concurrence of two thirds of all members of the Senate.

Consequences

Judgment in cases of impeachment may not extend further than removal from office and disqualification to hold any office under the Republic, but the party convicted may nevertheless be liable and subject to prosecution, trial, and punishment, according to law. Over the last 11 years, one impeachment procedure was launched and the President subsequently removed from office.

Have these procedures been applied?   Yes