Primer on Impeachment Rules

8/3/2019 Primer on Impeachment Rules

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A Primeof Pro

ImpeacSenate

ATTY. AMAD

Senate P

PUBLIC RELATI

Sen

on the New Ruledure Governingment Trials in t

of the Philippine

By:

F. MARALIT, LLM, MPA, CEO

arliamentary Counsellor

A Project of:

NS AND INFORMATION BUR

te of the Philippines

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

Upon receipt of articles of impeachment:

a)The Senate shall specify the date and time for theconsideration of such articles.1b)The Senate President shall inform the House that the

Senate 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 aa) A writ of summ

reciting or incor

appear before th by the SenateAnswer to said aperiod of ten (prosecutors ma(5) days therefrjudgments of the

4.How should theThe writ shall be seshall be served bythereof, not later thappearance of thecopy thereof to the

5.If personal serviservice may be a

6 Rule VII (1), Senate Rules7 Rule VII8 Rule VII (2)9 Rule VII (2)

ter the organization of the Sena

ons shall be issued to the person iorating said articles, and notifying

e Senate upon a day and at a placend named in such writ, and to firticles of impeachment within a non-0) days from receipt thereof; toReply within a non-extendible perm and to stand and abide by theSenate.6

rit of summons be served?

rved by personal service. The writ osuch officer or person named in

an three (3) days prior to the day fixperson impeached, by delivery oferson impeached.7

ce cannot be done, what otherailed?

ervice may be made by leaving a crit of summons with a person of sund discretion at his/her last knownt his/her office or place of business.8

6.If service of the writ ofails, shall the proceedings abate

o. Further service may be mad

anner as the Senate shall direct.9

of Procedure on Impeachment Trials

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e?

mpeached,im/her to

o be fixedle his/herextendible

which theiod of fiverders and

summonsthe orderd for suchn attested

mode of

opy of theficient ageaddress or

ummons?

e in such


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7.Shall the impeaimpeached failshis/her Answer t

Yes, the trial shall

if, after service, theperson or by counshall fail to file his/

8.If a plea of guproceed?

No. If a plea of guithereon without fur

9. What shall theand time designreturn of sumimpeached?

The Senate Secretaor affirmation contthe returning officshall be entered at l

10. What is thethe day appoinimpeachment caThe Senate SecrRepresentatives thof the person impe

11. What is thhour of the day aimpeachment ca10 Rule VII (2)11 Rule VII (2)12 Rule VIII13 Rule X

hment trial proceed even if tho appear before the Senate or fo the articles of impeachment?

roceed nonetheless as upon a plea o

person impeached shall fail to appeael, on the day so fixed or thougher Answer to such articles of impeac

lty is entered, shall trial nev

lty shall be entered, judgment mayther proceedings.11

ecretary do upon the dateted by the Senate for theons against the person

ry shall administer the oathemplated under the Rules tor. This oath or affirmation

arge on the records.12

duty of the Secretary upon thed by the Senate for the trie?

tary shall give notice to thet the Senate is ready to proceed upched in the Senate Chamber.13

duty of the Senate Presidentppointed by the Senate for the te?

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e personils to file

not guilty

r, either inappearing,hment.10

ertheless

e entered

hour ofal of an

House ofn the trial

upon therial of an


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The Presiding Officthe business of the

12. What powea. The power to

Secretary, all orRules or by the S

b. The power toorders in the pre

13.

How long w

Unless the Senatefrom day to dayholidays) until finlonger as may, in it

14. Should the Yes, during the cNeutrality shall bduty without unfaffiliation.17

14 Rule XI15 Rule IV16 Rule III17 Rule III

er shall cause the proclamation to berial shall proceed.14

s may the Presiding Officer exe

ake and issue, by himself or byers, mandates, and writs authorize

enate; and

ake and enforce such other regulmises as the Senate may authorize to

ill the impeachment trial last?

rovides otherwise, it shall continueexcept Saturdays, Sundays, and nl judgment shall be rendered, anjudgment be necessary.16

enators observe political neutr

ourse of the impeachment trial.defined as the exercise of a publi

ir discrimination and regardless

15. How shall the procethe impeachment court be recoreported?

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made that

cise?

he Senated by these

tions andprovide.15

in sessiononworking

so much

lity?

Politicalc officials

of party

dings ofrded and


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The Senate Secretimpeachment as isame shall be repproceedings of the

16. re the parCounsel for the paupon an impeachmshall be under thprosecutors of the

17. To whom sapplications be aAll motions, objectto the procedure o(including questionquestions arisingPresiding Officer o

18. Is it necesrequests or appli

As a general rule thPresiding officer o be committed totable. 21

19. May theattendance of wi

Yes.22

18 Rule XII19 Rule XIII20 Rule XIV21 Rule XIV22 Rule V

ry shall record the proceedings ithe case of legislative proceeding

orted in the same manner as theenate.18

ies on either side entitled to cou

ties shall be admitted to appear anent: Provided that counsel for the pe control and supervision of theouse of Representatives.19

all all motions, objections, re

ddressed?

ons, requests, or applications wheththe Senate or relating immediately

s with respect to admission of evidenduring the trial) shall be addressly.20

sary that all the motions, ocations mentioned above be in

ese are not required to be in writing.any Senator shall require it, thes

riting, and read at the Secretarys

Senate compel thenesses?

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cases of, and thelegislative

nsel?

be heardrosecutors

panel of

uests or

er relatingo the trial

ce or othered to the

jections,riting?

But if theshall


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20. How shallexamined?

Witnesses shall beproducing them, a

other side.23

21. May a SenaYes. If a Senator isgive his/her testim

22. If a Senatohow long may he

The Senator shall pHe/She may also osubmitted to the Pr

24. Is the impe At all times whileimpeachment, theSilence shall be ob

eviction from the tr

23 Rule XV24 Rule XVI25 Rule XVII26 Rule XVII27 Rule XVIII

witnesses be examined an

examined by one person on behalf od then cross-examined by one per

or be called as a witness?

called as a witness, he/she shall beny standing in his/her place.24

wishes to put a question to

do so?

t a question to the witness within twfer a motion or order in writing whisiding Officer. 25

23. May a Senatoquestion to a proseccounsel?

Yes. He/She may also offer aorder in writing whichsubmitted to the Presiding Off

chment trial open to the public

the Senate is sitting upon the toors of the Senate shall be open to

served by the visitors at all times,

al venue.27

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d cross-

f the partyon on the

worn, and

witness

o minutes.h shall be

r put autor or

motion orshall be

icer.26

?

rial of anhe public.n pain of


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25. May the Precomments andthe trial?

They shall refrain

public pertaining to

26. Does the abperson impeach

witnesses?

Yes, they shall aldisclosures in puimpeachment trial.

27. How longquestions, and m

They may be argueunless the Senate o

28. How manopen the case on

Only one on eachthe case.31

29. How manyargument on the

The final argumenton each side (un

application for thaand closed on the p

28 Rule XVIII29 Rule XVIII30 Rule XIX31 Rule XX32 Rule XX

siding officer and the Senatorsisclosures in public about the

rom making any comments and dis

the merits of a pending impeachmen

ove rule also apply to prosecutod and to their respective cou

o refrain from making any comlic pertaining to the merits of9

may preliminary or inteotions be argued?

d for not exceeding one (1) hour onders otherwise.30

persons mayeach side?

ide may open

ersons on each side may makemerits?

on the merits may be made by two (ess otherwise ordered by the Se

purpose), and the argument shallrt of the House of Representatives.32

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ake anyerits of

losures in

t trial.28

rs, to thensel and

ents andpending

locutory

each side,

the final

2) personsate upon

be opened


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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 of acquittalbe 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 of conviction?

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 proceobjection to any

All orders and deciobjection is heard

without debate byrecord, subject hono Senator shall snot for more thanand for not more tunless by consentmotion to adjournunless they be demThe fifteen minudeliberation on the

each article of impe

36. May the Smandates, writs

Yes.39

37. May the SeThe Senate shallcontempt of, and dwrits, or judgments

38. Does the Sto make orregulations?

Yes, it was the po

orders, rules, anddeem essential orjustice.41

38 Rule XXII39 Rule V40 Rule V41 Rule V

dure is to be followed when thrder or decision of the Senate?

sions may be acted upon without ob, the orders or decisions shall be

yeas and nays, which shall be enteever, to the operation of Rule VI. Ineak for more than once on one quen (10) minutes on an interlocutor

han fifteen (15) minutes on the finaof the Senate, to be had withoutmay be decided without the yeasnded by one-fifth (1/5) of the Senatoes herein allowed shall be forfinal question, and not on the final q

achment.38

nate enforce obedience to itnd judgments?

ate punish for contempt?

ave the power to punish in a suisobedience to, its authority, orders.40

nate have the powerders, rules, and

er to make such lawful

regulations which it mayconducive to the ends of

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ere is an

ection. If voted on

ed on thethat case,

stion, andquestion,

l question,debate. Aand nays,rs present.he wholeuestion on

orders,

mary waymandate,


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39. Is the Sergeant at Armsallowed to employ aid and assistancefor the enforcement and execution of

the 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 Chief justice 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 thequestion and a contrary opinion take?

42 Rule V43 Rule VI44 Rule VI45 Rule VI


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Said motion and th(2) minutes each,proponent of the m

44. Will the Rufind applicationThe provisions of tshall apply in a sup

45. How is timpeachment?

The Presiding Offieach Senator, as hiand answer: guilty

46. When doesThe vote of theimpeachment, whetaken after all the S

47. May a Sena Yes if he/she so wi(2) minutes.50

48. Who shall sAll process shall be

Arms of the Senatby the Senate.51

46 Rule VI47 Rule VI48 Rule XXI49 Rule XXI50 Rule XXI51 Rule XXIII

contrary opinion shall take not mor with a one-minute rebuttal allowtion.46

les of Court and the Rules of tn the impeachment trial?

he Rules of the Senate and the Ruleletory manner whenever applicable.

e question put on each a

er shall first state the question./her name is called, shall rise in hisor not guilty.48

he Presiding Officer vote?

President of the Senate on eachn acting as the presiding officer, shnators have stated their votes.49

or explain his/her vote?

shes, for not more than two

rve all process?

served by the Sergeant at

, unless otherwise ordered

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e than twod for the

e Senate

s of Court7

rticle of

hereafter,/her place

article ofall be last


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

Yes.52

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

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 Senate website: www.senate.gov.ph54

52 Rule V53 Rule XXIV54 Rule XXV


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GUIDELIESFOR MEDIA COVERAGE

of the Impeachment Trial ofChief Justice Renato Corona

*amended as of 28 December 2011

I. Is media accreditation for the impeachment trial coveragemandatory?

Media accreditation for the Impeachment coverage is mandatory. Only

reporters wearing the Impeachment IDs will be allowed inside the

premises of the Impeachment venue. TheO ID, O ETRYpolicyshall 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?

SEATE REPORTERS Senate beat reporters are not required to apply for accreditation and shall

automatically be accredited.

O- SEATE REPORTERS All media persons, including FOCAP members, representatives of other

media agencies, provincial media persons and crew members of TV/radioreporters who are not in the list of Senate accredited media, are required

to apply for accreditation. 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/network manager.

The Impeachment ID Cards shall be claimed from PRIB during officehours.

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


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The non-extendible deadline for filing of application for accreditation is on 11JAUARY 2012. Temporary accreditation IDs or one (1) day media pass shallbe issued on a case-to-case basis.

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 bereported immediately to PRIB.

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

equipment?

DESIGATED AREAS FOR MEDIA PERSOEL

Designated seats for the reporters at the right and left galleries of thePlenary 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 inthe Plenary Hall during the official proceedings. Two committeerooms will serve as Media Room, a working area for TV and radionetworks, members of FOCAP and other media personalities. Setting-

up of portable/makeshift TV studios is allowed only in the Media

Room. All press briefings shall be conducted in this area.

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

ITERVIEWS WILL OT BE ALLOWED I THE HALLWAYS

AD THE PLEARY HALL. Media personnel who violate this

provision will face immediate cancellation of their accreditation.

OTE: Only Senate beat reporters will be allowed to use the Locsin

room/Press Office. Non-Senate beat reporters may use the Media Room.

VI. What is the procedure for media reception?

MEDIA ETRY CHECK DESK


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o Security directs media person to Media Entry Check Desk at theSenate Lobby.

o PRIB Staff / Coordinator asks for Impeachment ID and counterchecksID 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 withother media equipment).

PLEARY HALLo 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 for media?

The area nearest the left side of the flagpole is the designated parkingarea forOutside Broadcast (OB) Vans and generator sets.

Due to space constraints, only ten (10) slots are allotted to OB Vans andgenerator sets of ABS-CBN2, GMA7, TV5, SOLAR TV and NBN4 inthe parking lot. PRIB, together with the five TV networks, shall provide

audio-video live feed to all other networks.

Only one (1) OB Van system composed of one (1) OB Van and one (1)generator set per TV network shall be allowed to park on two (2) parkingslots.

Those who could not be accommodated in the Senate parking lot maypark outside the Senate main gate.

VIII. Press photographers and cameramen

PRESS PHOTOGRAPHERSo Todecongest 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 beallowed to cover the proceedings for documentation purposes.

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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GAAL who will be assigned at the Press Office to facilitate

transfer of files.

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 whereother 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 toavoid unauthorized entry and prevent loss of equipment.

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 press briefings.

The PRIB Press Office will be open from 8:00 a.m. until 8:00 p.m. Therewill be PRIB staff to assist the reporters during the Impeachment Trial.

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

proceedings.

XI. Contact Persons For Accreditation

Mr. Noriel Mercado 5526739; 552-6601 local 2674Ms. Ivy Cadayona & Ms. Olive Caunan 5526755/23; 552-6601 loc. 4686

Email add: [email protected]

Layout by:Apple Buenaventura PRIB


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

Tel. Nos.: 552-6601 to 70 loc. 4686 / 552-6723 / 552-6755E-mail: [email protected]

MR. RAYMUNDO R. CORROBureau Director

MR. SAMUEL Y. SANTOSDirector III, Print Media Service

MS. FLEUR DE LIZ A. GODOYDirector III, Broadcast Media Service

Primer on Impeachment Rules

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