IBP Etc Impeachment Statements

8/10/2019 IBP Etc Impeachment Statements

1/16The Bar Tribune

IBP RAPS IMPEACHMENT

Consultation with law deans. From left photo: Dean Amado Valdez (University of the East), Dean Ernest P. Maceda (Pamantasan ng Lungsod ng Maynila), Dean Joe-Santos B. Bisquera (Univeristy of Perpetual Help), Dean Antonio Agustin (Manuel L. Quezon University), Atty. Christian Monsod, Dean Andres Bautista (FarEastern University). Center: President Roan I. Libarios. Right photo: Dean Adel Tamano (Liceo de Cagayan), Justice Raoul Victorino (Philippine Christian University).

The IBP Board of Governors unanimously issued astatement assailing the breakneck impeachment of ChiefJustice Renato C. Corona during a press conference heldat the JBL Reyes Hall on December 21, 2011.

The IBP position statement Uphold the Constitu-tion, Promote the Rule of Law was arrived following atwo-day marathon deliberations held at its national o cein Ortigas, Pasig City.

During the deliberations, the IBP Board of Gov-ernors consulted and heard out the opinions and views

of several law deans and IBP national o cers. The nine(9) Regional Governors, who comprise the policy makingbody of the IBP, attended the marathon meetings andshared their views, including the sentiments of their re-spective local chapters on the issues. The IBP further resolved to create an IBP Im-peachment Watch to closely monitor the impeachmenttrial and issue regular bulletin and updates. It also createdan IBP Impeachment Communications Group to en-lighten the public on IBPs position on the impeachment.

January 2012

IBP Governors with National O cers in session on the impeachment. From left to right: Atty. Oliver B. San Antonio, Atty. Victoria V. Loanzon,

Atty. Roland B. Inting, Atty. Jose V. Cabrera, Atty. Florendo B. Opay, Atty. Roan I. Libarios, Atty. Denis B. Habawel, Atty. Israelito P. Torreon, Atty. DominicC. M. Solis. At the back : Atty. Manuel L. Enage, Jr., Atty. Leonor L. Gerona-Romeo, Atty. Olivia V. Jacoba and Atty. Vicente M. Joyas.

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3/16The Bar Tribune

power of judicial review , the very weapon designed tocheck potential excesses or hegemony by Congress andthe President in the exercise of their legislative and gov-erning powers.

While the President may have valid issues againstthe Chief Justice and the Supreme Court, the resort toblitzkrieg impeachment for imputed political biaserodes, rather than strengthens, the Rule of Law. If theChief Justice can be validly impeached for collegial deci-sions (including pending cases) for political bias andhauled to the Senate to undergo the rigors of politicaltrial, all by a mere stroke of 1/3 signatures of the House gathered in blitz, then the Supreme Court will never be thesame again, its judicial independence defanged, and itsmagistrates including their decisions -- now at the mer-cy of the political bidding, if not power plays, of the rulingHouse majority and the President. The chilling e ect and

damage to judicial independence would be like typhoonSendong devastating, long-term, and incalculable.

Second : The impeachment complaint also tri eswith and violates the constitutional guarantee of equal protection of the law and due process, the rst principlesin our Bill of Rights. The complaint clearly and repeatedlydelves on collegial decisions and collegial practices of theSupreme Court. Yet, only one of its members, who hap-pens to be the Chief Justice, is being singled out, even ifhe neither penned the assailed decisions nor changed hisposition ( ip- op) on the merits of the cases. If the im -

peachment seeks to enforce public accountability overdecisions of the Court now assailed as unconstitutional,why charge and indict only the Chief Justice and excludethe others?

Jurisprudence proclaims that selective prosecution smacks of persecution, which cannot be sustained with-out thrashing the constitutional guarantees of equal ap-plication of the law and substantive due process. If theChief Justice of the land can be singled out for liabilityover collegial decisions and brazenly denied the constitu-tional guarantees to equal protection of the law and dueprocess, what more for ordinary members of the judiciaryand citizens of the land? Has not the barefaced disregardof well-entrenched constitutional guarantees transmog-ri ed the impeachment process from being an avatar ofpublic accountability into a political goblin for partisanends?

Thus, for the guidance of the bar and the public,the IBP, through its Board of Governors, stands rm onits position that the impeachment complaint runs afoulwith the Constitution in form and substance. But in de-ning its course of action, the IBP has also resolved to re -frain from intervening as counsel or litigant in the Senateimpeachment trial or in the certiorari proceedings beforethe Supreme Court (even if it did so in the impeachment

case of then Chief Justice Hilario Davide). In refusing tointervene as litigant or counsel in the pending proceed-ings, the IBP is giving premium to the need to maintain itsinstitutional independence and integrity and avoid beingdrawn into divisive political alignments.

But the IBP cannot also a ord to stay in the com -fort zones of non-involvement while the independenceof the judiciary is being torpedoed by a misguided anddefective congressional action that threatens to shakethe foundations of our democracy. As sentinel of law anddemocracy, the IBP is duty bound to engage the peopleand other stakeholders of the justice system to rally anddefend the judicial independence of the Supreme Court,the bedrock of the Rule of Law.

To ful l this duty, the Board has resolved to es -tablish -- a) an IBP Impeachment Communications Groupmanned by volunteer lawyers to inform the public on the

breakneck impeachment and its adverse impact on theconstitutional guarantees of separation of powers, judi-cial independence and the Rule of Law; and b) an IBP Im- peachment Watch to closely monitor the developmentson the impeachment case before the Supreme Court andthe Senate. Finally, we call on our people and the stakehold-ers of the justice system to pay the price of vigilance.On trial now is not only the judicial independence ofthe Supreme Court. It is our own commitment to thesupremacy of the Constitution, the Rule of Law and po-

litical democracy.

o full this duty, the Board hasresolved to establish -- a) an IBP

Impeachment Communications Groupmanned by volunteer lawyers to

inform the public on the breakneck

impeachment and its adverse impact onthe constitutional guarantees ofseparation of powers, judicial

independence and the Rule of Law;and b) an IBP Impeachment Watch to

closely monitor the developments on theimpeachment case before the Supreme

Court and the Senate.

STATEMENT

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The awesome power of Impeachment is an instru-ment to preserve; not to destroy any of branches of gov-ernment or their respective heads. Impeachment shouldnot be the subtle tool for partisan politics, personal ven-detta or hatred. It must be exercised with extreme cau-tion and only in extraordinary cases. As Justice Storyput it, it is exercised for the grossest o enses against theplain law of the land. And in the words of President Wil-son, it is exercised when an act is committed with cor-rupt or criminal intent. The Articles of Impeachment are

a blend of doubtful legalisms and conclusionary accusa-tions, vengefully political in motivation and purpose.After perusing the Complaint for Impeachment

versus Chief Justice Renato C. Corona, and the reports at-tending the signing by the 188 Congressmenaccentu-ated by the heroic disclosures made by Cong. Toby Tian-gco; the digni ed and unexpected resignation of DeputySpeaker Jesus Crispin Remulla; the courageous revela-tions made by Cong. Jose Benjamin Benaldo that he wasovercome with fear that no Pork Barrel Allocations in theamount of Seventy Million pesos (P70,000,000.00) wouldbe given to the House Members who refused to sign theImpeachment Complain; the foul venom of political big-otry in removing the meekly statesman Cong. Hermilan-do Mandanas, Head of the powerful Ways and MeansCommittee, for nit signing the Impeachment Complaint;and exacerbated by the screaming silence and murmursof other manly and valiant Congressman who were nottempted by the alluring inducement and temptation,resulting in the unorthodox haste in the ling of the Im -peachment Complaintthe Philippine Constitution Asso-ciation (Philconsa) deplore and laments what transpiredand expresses its strong exceptions and reservations. Thechivalrous and stalwart Congressmen who refused to becowed into submission deserve to be included in the Pro-

les of Courage, the book authored by President John F.Kennedy. Had the conscience of the House done its re-search, it would have discovered that a Resolution toImpeach Justice William o. Douglas of the US SupremeCourt did not materialize because the US House of Rep-resentatives did not accept the idea that the impugnedcontents of his decisions are impeachable o ense.

Dean Bacungan, Vice-Chairman of Philconsa, said:The odd manner in which the House of Representativesexercised its power of Impeachment is a classic exampleof premeditated violation of due process of law and a de-nial of equal protection. Culpable violation of the Constitution and Be-trayal of Public Trust as grounds for impeachment mustbe of such gravity as to a ect the welfare or existence ofthe State or subvert/undermine the systems of govern-ance or separation of powers or render the o cer un tfor the discharge of his duties.

The Constitution never intended to lay the judici-ary thus prostrate at the feet of the House of Representa-tives, the slaves of their will, the victims of their caprice.Francis Hopkinson said. In these trying times, the fate and destiny of theFilipino nation are at the doorstep of the Senate. It islooked up to as the Chamber of untrammeled independ-ence, probity, wisdom and justice. To the Senate under the able leadership of Sen-ate President Juan Ponce Enrile, the sovereign people laytheir trust. Will the Senate meet the peoples expecta-tions? May God grant the Senators the wisdom to dis-cern what is legally right and morally correct.

PHILIPPINE CONSTITUTION ASSOCIATION

IMPEACHMENT:INSTRUMENT TO PRESERVE,

NOT TO DESTROY

Te Articles of Impeachment area blend of doubtful legalisms

and conclusionary accusations,vengefully political in motivation

and purpose.

Te odd manner in which the Houseof Representatives exercised its powerof Impeachment is a classic example

of premeditated violation ofdue process of law and a denial

of equal protection.

STATEMENT

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5/16The Bar Tribune

The Constitution of the Republic of the Philip-pines has clearly de ned the powers of the three co-equalbranches of government, and the power to interpret andapply the law is vested in one Supreme Court and suchother courts as may be created by law.

The Supreme Court, as with the appellate and trialcourts, is peopled by men and women who have chosenpublic service as their mission and who have sworn touphold the public trust. In their judicial actions, they arethe vanguards of right and the nemesis of injustice. Forthe same actions, they answer directly to the citizenrythrough the institutional mechanisms and modes of reliefthat are accessible to all.

Public perception of judicial independence ande ciency is inextricably linked with the stability of anycountry's economic development. A weak judicial systemequates to lack of con dence that commercial obliga -

tions will be honoured and much-needed capital invest-ments will be protected. A nation's rule of law regime isonly as strong or as weak as its judiciary.

Although members of the bench are public gureswho must accept that they are legitimate objects of pub-lic commentary and critique, there is a limitation even tothe fundamental right of speech.

The current continued negative depiction of theSupreme Court, the Chief Justice and the Associate Jus-tices is a matter of grave national concern. The power toimpeach is one of the necessary checks that ensures the

balance among the three branches of our national gov-ernment. Wielded arbitrarily and oppressively, this powercan and will destroy the Judiciary, the traditional bulwarkof the rule of law. The impeachment complaint againstthe Chief Justice sends a chilling message to the entire ju-diciary: toe the line or else.

Poor public trust in a maligned judiciary is not per-petuated through the out-of-court challenges to the Su-preme Court's powers and actions and the interest-drivenfocus on personalities, rather than on issues. People whoare not schooled in the law and who necessarily do notunderstand the intricate legal disputes, are carried awayby public denouncements of the alleged irregularities

in the decisions of the High Court which, under our civillaw, are part of the law of our land as binding precedents.The end result is a distrust in the Judiciary. When peoplecan no longer rely on the judicial institution for redress ofgrievances, they will take the law into their own hands.Anarchy and chaos will then reign. THE JUDGES OF THE PHILIPPINES THUS RAISETHEIR UNIFIED VOICE AND ASK THE TWO OTHERBRANCHES OF GOVERNMENT, THE EXECUTIVE ANDTHE LEGISLATIVE, TO ALLOW THE JUDICIARY TOPERFORM ITS CONSTITUTIONAL MANDATE WITHINDEPENDENCE, WITHOUT FEAR OF INFLUENCE,PRESSURE, OR INTERFERENCE, AS THEIR OATH RE-QUIRES. WE ASK THAT OUR JUDICIAL ACTIONS BEGIVEN THE RESPECT AND REGARD, TO WHICH THEYARE ENTITLED TO UNDER OUR CONSTITUTION. WEEXPRESS UNEQUIVOCAL SUPPORT FOR THE SU-

PREME COURT AS THE INVIOLABLE INSTITUTIONTHAT IS THE EMBODIMENT OF JUSTICE, FAIRNESSAND INTEGRITY, AND FOR THE CHIEF JUSTICE ASTHE LEADER OF THIS INSTITUTION.

PHILIPPINE JUDGES ASSOCIATION

METROPOLITAN AND CITY JUDGES ASSOCIATIONOF THE PHILIPPINES

PHILIPPINE TRIAL JUDGES LEAGUE

DECLARATION

Te power to impeach is one of the nec-essary checks that ensures the balance

among the three branches of our nation-

al government. Wielded arbitrarily andoppressively, this power can and willdestroy the Judiciary, the traditional

bulwark of the rule of law. Te impeach-ment complaint against the Chief Justice

sends a chilling message to the entire judiciary: toe the line or else.

STATEMENT

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The ATENEO LAW ALUMNI ASSOCIATION, INC.recognizes that the Independence of the Judiciary is atthe core of the Rule of Law. Any attempt by forces out-side the Judiciary which can have the e ect of undermin -ing judicial independence is a derogation of the Rule ofLaw and a violation of Universal Human Rights.

It is the duty of the courts to remain impartial.Hence, they must be able to act without fear of retalia-tion from external pressures.

The voice of the People is embodied in the Consti-tution; it is the very same voice that calls for democracyand order free from the dictates of any person or groupof persons. In a democratic system, the three branchesof government have their own separate functions, pow-ers, and jurisdictions. It is not for the other branches ofgovernment to determine what the decisions of the Courtmust be. Just as it is not for the Court to directly inter-fere in the processes of the other co-equal branches ofgovernment. The Separation of Powers embodied in ourConstitution must be preserved and left unswayed by theagenda or whims of any individual or group. The Separa-tion of Powers must prevail and be respected, and nottramped upon by those granted the trust and mandate ofthe People.

We recognize that it is within the power of the po-litical departments to impeach individual members of theSupreme Court. We also uphold the right to disagree with

ATENEO LAW ALUMNI ASSOCIATION, INC.

STATEMENT IN SUPPORT OF THEINDEPENDENCE OF THE JUDICIARY

The Philippine Bar Association has always stoodby its guiding principle the Rule of Law.

The public exchange between co-equal branchesof government may be discounted as part and parcel of avibrant if at times raucous democracy. Nonetheless, itis unfortunate that this had come to pass. Yet, at the endof the day, the Constitution provides mechanisms for theresolution of these disputes under the Rule of Law.

On this premise, the PBA views the impeachmentproceedings commenced against Chief Justice RenatoCorona as the constitutionally ordained process whichepitomizes the Rule of Law at work. It will allow the issues

PHILIPPINE BAR ASSOCIATION

STATEMENT ON THE IMPEACHMENT

OF CHIEF JUSTICE CORONA

collegial decisions of the Court. But we see the impeach-ing of the individual member of the Court for his partici-pation in the collegial decision of the Court as a challengeto the authority of the Court itself to make decisions as abody. We see this as a serious threat to the Separation ofPowers. We recall the statement by a Supreme Court ap-pointee of President Corazon C. Aquino: "The Justiceshave no constituency, serve no majority or minority, butserve only the public interest as they see it in accordancewith their oath of o ce, guided only by the Constitutionand their own conscience and sacred honor." [Pedro L.Yap, Supreme Court of the Philippines, A Court UnderSiege, Address at the 97th Anniversary of the PhilippineBar Association (June 24, 1988), in 161 SCRA xxvi (1988)] The independence of the Judiciary is the veryfoundation of the Rule of Law. Destroy it and our Peoplewill have nowhere to seek redress and justice.

to be properly ventilated in a sober and orderly proceed-ing where guilt or innocence is weighed and determinedon their true merit and not on the basis of an open com-petition to win public opinion.

Chief Justice Corona is entitled to defend himselfin the appropriate forum where he must be accorded therespect due his high o ce. Let all accusations be venti -lated and heard in this constitutional process and let it notbe undermined by any quarter.

In keeping with its cherished traditions, the PBAwill remain vigilant in ensuring that the Rule of Law willprevail over those who would seek to undermine it.

Te Separation of Powers must prevail andbe respected, and not tramped upon.

We see the impeachment (based on) collegialdecisions as a challenge to the authority of theCourt itself to make decisions as a body.

We see this as a serious threat to theSeparation of Powers.

STATEMENT

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The NUPL believes that an independent, impartialand credible judiciary most especially a Supreme Courtwhich is generally considered to be the last bastion ofdemocracy is an imperative in a free and just society.

As a nationwide voluntary association of hundredsof human rights lawyers in 15 regional bodies and provin-cial chapters practicing in all levels of our courts, as well aslaw students and paralegals, the NUPL rea rms its standthat a Supreme Court must not be beholden or partisanto any appointing authority or administration, past andpresent. And this is even made more imperative in thecontext of the human rights situation and the peoples in-terests and demands.

The NUPL believes that the impeachment processis an important tool in the democratic process of mak-ing high public o cials, including any member of the Su -preme Court, when warranted, accountable. It serves as adeterrent against grave abuse of authority and betrayalof public trust, and is an avenue not only for accountabil-ity but also for instituting necessary reforms in the admin-istration of justice.

After an initial assessment of the facts, circum-stances and current turn of events, the NUPL notes thatthe impeachment complaint against the incumbent ChiefJustice contains on its face some serious allegations andgrounds, both old and new, that need to be tried and re-solved objectively and in an impassioned manner in theproper venues and not with colourful rhetoric from anycorner of the ring.

The NUPL itself, either as a party or observer,concurred in views that took exception to the midnightappointment of the present Chief Justice, the status quo

ante order on the impeachment of former OmbudsmanMerceditas Gutierrez, and the TRO against the watch listorder on former President Gloria Arroyo. The appropriatevenue and procedure was utilized as o cers of the courtwho share the belief that any criticism of the Court mustbe principled and based on su cient legal arguments and just grounds. Such dissent must also contribute to thestrengthening of the independence of the judiciary andthe restoration or assurance of the peoples trust and con-dence in the equal and equitable dispensation of justice.

Whatever real or ostensible motivation there may

be, and even if it the current situation is said to be anoth-er intramural in our government, with the impeachment

complaint having already been led and transmitted, theimpeachment process must proceed according to theConstitution. It is now incumbent on the House prosecu-tors to prove any of these grounds convincingly and forthe Senate as an impeachment court to evaluate themwith judiciousness, unbridled by any other consideration.The Chief Justice must have his day in court too. We furthermore believe that the impeachmentprocess, even if ultimately a political exercise in a legalforum, must not be reduced to a simple numbers game.It should also not cover up the incompetence and failureof the present Pnoy administration itself to concretelyaddress the gut issues of the people including their basicsocial and economic needs and the largely unheeded de-mand for justice and accountability for grievous humanrights violations.

And certainly it should not be a smokescreen forthe perceived vindictiveness for the latest Supreme Courtdecision on the Hacienda Luisita case. It should not beimpelled by any unnecessarily arrogant nor roguish tiradeon the other institutions and its personages while ridingon transitory popularity ratings. And nally, it should notbe used to exploit the situation to monopolize power,blur the separation of powers and erode the principle andmechanism of checks and balances. At the end of the road, one thing is of transcen-dental importance above all these, i.e. whether our for-mal democratic institutions can e ectively and crediblyrender justice to the people by making our highest publico cials truly accountable for their actions. Whatever theoutcome of the impeachment process, the basic politicaland civil rights and the social and economic demands and

needs of the people remain and must be genuinely ad-dressed.

NATIONAL UNION OF PEOPLES LAWYERS

RIGHTS LAWYERS: AN INDEPENDENT ANDIMPARTIAL JUDICIARY IS AN IMPERATIVE

... the impeachment process, even ifultimately a political exercise in a legal forum, must not be reduced to a simple

numbers game.

STATEMENT

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Republic of the PhilippinesCongress of the Philippines

SenatePasay City

Fifteenth CongressFirst Regular Session

RESOLUTION NO. 39

RESOLUTION ADOPTING THE RULES OFPROCEDURE ON IMPEACHMENT TRIALS

Resolved by the Senate, To adopt, as it herebyadopts, the following:

RULES OF PROCEDURE ON IMPEACHMENT TRIALS

I. When the Senate receives articles of impeach-ment pursuant to Article XI, Sections 2 and 3of the Consti-tution, the President of the Senate shall inform the Houseof Representatives that the Senate shall take proper or-der on the subject of impeachment and shall be ready toreceive the prosecutors on such time and date as the Sen-ate may specify.

II. When the President of the Philippines is on trial,the Chief Justice of the Supreme Court shall preside but

shall not vote. Notice shall be given to him by the Presi-dent of the Senate of the time and place xed for the con -sideration of the articles of impeachment, with a requestto attend. The Chief Justice shall be administered theoath or a rmation, prescribed under these Rules, by thePresident of the Senate and shall preside over the Senateduring the consideration of said articles and upon the trialof the person impeached.

The President of the Senate shall preside in allother cases of impeachment and, for that purpose, placedunder the prescribed oath or a rmation by any personauthorized by law to administer an oath.

III. Before proceeding to the consideration of thearticles of impeachment, the Presiding O cer shall ad -minister the prescribed oath or a rmation to the Mem -bers of the Senate then present and to the other Mem-bers of the Senate as they shall appear, whose duty it shallbe to take the same.

Upon presentation of the articles to the Senate,the Senate shall specify the date and time for the consid-eration of such articles. Unless the Senate provides other-wise, it shall continue in session from day to day (exceptSaturdays, Sundays, and nonworking holidays) until nal judgment shall be rendered, and so much longer as may,in its judgment, be necessary.

Senators shall observe political neutrality duringthe course of the impeachment trial. Political neutralityshall be de ned as exercise of public o cials duty with -

out unfair discrimination and regardless of party a lia -tion or preference. IV. The Presiding O cer shall have the power tomake and issue, by himself or by the Secretary of the Sen-ate, all orders, mandates, and writs authorized by theseRules or by the Senate, and to make and enforce suchother regulations and orders in the premises as the Sen-ate may authorize or provide. V. The Senate shall have power to compel the at-tendance of witnesses, to enforce obedience to its orders,mandates, writs, and judgments, to preserve order, and

to punish in a summary way contempts of, and disobe-dience to, its authority, orders, mandates, writs, or judg-ments, and to make all lawful orders, rules, and regula-tions which it may deem essential or conducive to theends of justice. And the Sergeant-at-Arms of the Senate,under the direction of the President of the Senate, mayemploy such aid and assistance as may be necessary toenforce, execute, and carry into e ect the lawful orders,mandates, and writs of the Senate. VI. The President of the Senate or the Chief Jus-tice when presiding on the trial may rule on all questionsof evidence including, but not limited to, questions ofmateriality, relevancy, competency or admissibility of ev-idence and incidental questions, which ruling shall standas the judgment of the Senate, unless a Member of theSenate shall ask that a formal vote be taken thereon, inwhich case it shall be submitted to the Senate for deci-sion after one contrary view is expressed; or the PresidingO cer may at his/her option, in the rst instance, sub -mit any such question to a vote of the Members of theSenate. The motion for a vote and the contrary opinionshall not take more than two (2) minutes each, with a oneminute rebuttal allowed for the proponent of the motion.The provisions of the Rules of the Senate and the revisedRules of Court shall apply suppletorily whenever applica-

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ble.VII. Upon the presentation of articles of impeach-

ment and the organization of the Senate as hereinbeforeprovided, a writ of summons shall be issued to the personimpeached, reciting or incorporating said articles, andnotifying him/her to appear before the Senate upon a dayand at a place to be xed by the Senate and named in suchwrit, and to le his/her Answer to said articles of impeach -ment within a non-extendible period of ten (10) days fromreceipt thereof; to which the prosecutors may Reply with-in a non-extendible period of ve (5) days therefrom; andto stand to and abide by the orders and judgments of theSenate.

Such writ shall be served by such o cer or personnamed in the order thereof, not later than three (3) daysprior to the day xed for such appearance of the personimpeached, either by the delivery of an attested copy

thereof to the person impeached, or if personal servicecannot be done, service of the writ may be made by leav-ing a copy with a person of su cient age and discretionat his/her last known address or at his/her o ce or placeof business; and if the service of such writ shall fail theproceedings shall not thereby abate, but further servicemay be made in such manner as the Senate shall direct. Ifthe person impeached, after service, shall fail to appear,either in person or by counsel, on the day so xed or, ap -pearing, shall fail to le his answer to such articles of im -peachment, the trial shall proceed nevertheless as upon a

plea of not guilty. If a plea of guilty shall be entered, judg-ment may be entered thereon without further proceed-ings.

VIII. At the date and time designated by the Sen-ate for the return of the summons against the personimpeached, the Secretary of the Senate shall administerthe following oath or a rmation to the returning o cer:I, __________________, do solemnly swear (or a rm)that the return made by me upon the process issued onthe _______ day of ______________, by the Senate ofthe Philippines, against ________ __________ was trulymade, and that I have performed such service as thereindescribed: (So help me God). Which oath or a rmationshall be entered at large on the records.

IX. The person impeached shall then be called toappear and answer the articles of impeachment againsthim/her. If he/she appears, or any person for him/her, theappearance shall be recorded, stating particularly if byhimself/herself, or by agent or counsel, naming the per-son appearing and the capacity in which he/she appears.If he/she does not appear, either personally or by agent orcounsel, the same shall be recorded.

X. At 2 oclock in the afternoon, or at such otherhour as the Senate may order, of the day appointed forthe trial of an impeachment, the legislative business of

the Senate, if there be any, shall be suspended, and theSecretary of the Senate shall give notice to the House ofRepresentatives that the Senate is ready to proceed uponthe impeachment trial of ________ _________, in theSenate Chamber.

XI. Unless otherwise xed by the Senate, the hourof the day at which the Senate shall sit upon the trial ofan impeachment shall be 2 oclock in the afternoon; andwhen the hour shall arrive, the Presiding O cer uponsuch trial shall cause proclamation to be made, and thebusiness of the trial shall proceed. The adjournment ofthe Senate sitting in said trial shall not operate as an adjournment of the Senate as a legislative body. XII. The Secretary of the Senate shall record theproceedings in cases of impeachment as in the case oflegislative proceedings, and the same shall be reportedin the same manner as the legislative proceedings of the

Senate. XIII. Counsel for the parties shall be admitted toappear and be heard upon an impeachment: Provided,That counsel for the prosecutors shall be under the con-trol and supervision of the panel of prosecutors of theHouse of Representatives. XIV. All motions, objections, requests, or applica-tions whether relating to the procedure of the Senate orrelating immediately to the trial (including questions withrespect to admission of evidence or other questions aris-ing during the trial) made by the parties or their counsel

shall be addressed to the Presiding O cer only, and if he,or any Senator, shall require it, they shall be committed towriting, and read at the Secretarys table. XV. Witnesses shall be examined by one personon behalf of the party producing them, and then cross-examined by one person on the other side. XVI. If a Senator is called as a witness, he/she shallbe sworn, and give his/her testimony standing in his/herplace. XVII. If a Senator wishes to put a question to a wit-ness, he/she shall do so within two (2) minutes. A Senatormay likewise put a question to a prosecutor or counsel.He/she may also o er a motion or order, in writing, whichshall be submitted to the Presiding O cer. XVIII. At all times while the Senate is sitting uponthe trial of an impeachment the doors of the Senate shallbe open to the public. Silence shall be observed by the vis-itors at all times, on pain of eviction from the trial venue. The Presiding O cer and the Members of theSenate shall refrain from making any comments and dis-closures in public pertaining to the merits of a pendingimpeachment trial. The same shall likewise apply to the prosecutors,to the person impeached, and to their respective counseland witnesses.

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XIX. All preliminary or interlocutory questions,and all motions, shall be argued for not exceeding onehour on each side, unless the Senate otherwise orders.

XX. The case, on each side, shall be opened by oneperson. The nal argument on the merits may be made bytwo (2) persons on each side (unless otherwise orderedby the Senate upon application for that purpose), and theargument shall be opened and closed on the part of theHouse of Representatives.

XXI. The trial of all the articles of impeachmentshall be completed before the Senators vote on the -nal question on whether or not the impeachment is sus-tained. On the nal question whether the impeachmentis sustained, the vote shall be taken on each article ofimpeachment separately; and if the impeachment shallnot, upon any of the articles presented, be sustained bythe votes of two-thirds of all the Members, a judgment of

acquittal shall be entered; but if the person impeached insuch articles of impeachment shall be convicted upon anyof said articles by the votes of two-thirds of all the Mem-bers, the Senate shall proceed to pronounce judgment ofconviction, and a certi ed copy of such judgment shall bedeposited in the O ce of the Secretary of the Senate. Amotion to reconsider the vote by which any article of im-peachment is sustained or rejected shall not be in order.

Form of putting the question on each article ofimpeachment.

The Presiding O cer shall rst state the question.Thereafter, each Senator, as his/her name is called, shallrise in his/her place and answer: guilty or not guilty. Thevote of the President of the Senate on each article of im-peachment, when acting as the presiding o cer, shall belast taken after all the Senators have stated their votes. Ifhe/she so wishes, a Senator may explain his/her vote fornot more than two (2) minutes.

XXII. All the orders and decisions may be actedupon without objection, or, if objection is heard, the or-ders and 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, and in that caseno Member shall speak more than once on one question,and for not more than ten (10) minutes on an interlocu-tory question, and for not more than fteen (15) minuteson the nal question, unless by consent of the Senate, tobe had without debate; but a motion to adjourn may bedecided without the yeas and nays, unless they be de-manded by one- fth of the Members present. The fteenminutes herein allowed shall be for the whole delibera-tion on the nal question, and not on the nal question oneach article of impeachment.

XXIII. Witnesses shall be sworn in the following

form: You _______________, do swear (or a rm, asthe case may be) that the evidence you shall give in thecase now pending between the Philippines and _________________, shall be the truth, the whole truth, and noth-ing but the truth: (so help you God). Which oath or a rmation shall be administeredby the Secretary of the Senate, or any other duly author-ized person.

Form of a subpoena to be issued on the applica-tion of the prosecutors of the impeachment, or of the party impeached, or of his/her counsel.

To ________ __________,

Greetings:

You are hereby commanded to appear be-fore the Senate of the Philippines, on the _______day of ___________, at the Senate Chamber in____________________, then and there to testify yourknowledge in the case which is before the Senate inwhich the House of Representatives has impeached___________, and to bring with you the following___________, it being necessary to use the same as testi-mony.

Fail not.

Witness _______ ________, and Presiding Of-cer of the said Senate at ______________, Philip -pines, this ___ day of _______, in the year of our Lord___________________.

Presiding O cer of the Senate

Form of direction for the service of said subpoe-na.

The Senate of the Philippines )

To ________ __________,

Greetings:

You are hereby commanded to serve and re-turn the within subpoena according to law. Dated at___________, this ______ day of ______, in the year of ourLord ______________.

Secretary of the Senate

Form of oath to be administered to the Members

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of the Senate and the Presiding O cer sitting in the trialof impeachments.

I solemnly swear (or a rm, as the case may be)that in all things appertaining to the trial of the impeach-ment of ______ ______, now pending, I will do impartial justice according to the Constitution and laws of the Phil-ippines: (So help me God).

Form of summons to be issued and served uponthe person impeached.

REPUBLIC OF THE PHILIPPINES ) S.S.The Senate of the Philippines )

To ________ __________,

Greetings:

Whereas the House of Representatives of thePhilippines did, on the ____ day of ________, present tothe Senate articles of impeachment against you, the said______ ______, in the words following:

[Here insert the articles]

And demand that you, the said ________________, should be put to answer the accusations as set

forth in said articles, and that such proceedings, examina-tions, trials, and judgments might be thereupon had asare agreeable to law and justice.

You, the said ________ ________, are thereforehereby summoned to be and appear before the Senateof the Philippines, at their Chamber in _______________,on the ____ day of __________________, at ____ oclock____, then and there to answer to the said articles of im-peachment, and then and there to abide by, obey, andperform such orders, directions, and judgments as theSenate of the Philippines shall make in the premises ac-cording to the Constitution and laws of the Philippines.

Hereof you are not to fail.

Witness _______ ________, and Presiding Of-cer of the said Senate at _______________, Philip -pines, this ___ day of _______, in the year of our Lord___________________.


Form of Order to be indorsed on said writ of sum-mons.

REPUBLIC OF THE PHILIPPINES ) S.S. The Senate of the Philippines )

To ________ __________,

Greetings:

You are hereby commanded to deliver to andleave with ________ __________, if conveniently to befound, or if not, to leave at his usual place of abode, orat his usual place of business in some conspicuous place,a true and attested copy of the within writ of summons,together with a like copy of this order; and in whichsoeverway you perform the service, let it be done at least ____days before the appearance day mentioned in the saidwrit of summons.

Fail not, and make return of this writ of summonsand order, with your proceedings thereon endorsed, on orbefore the appearance day mentioned in the said writ ofsummons.

Witness _______ ________, and Presiding O cerof the said Senate at _______________, this ___ day of_______, in the year of our Lord ___________________.


All process shall be served by the Sergeant-at-Arms of the Senate, unless otherwise ordered by the Sen-ate. XXIV. If the Senate shall, at any time, fail to sit forthe consideration of articles of impeachment on the dayor hour xed therefor, the Senate may, by an order to beadopted without debate, x a day and hour for resumingsuch consideration. XXV. These Rules shall take e ect immediatelyupon publication in two (2) newspapers of general circula-tion and shall remain in force until amended or repealed.A copy of these Rules shall be posted on the o cial web -site of the Senate of the Philippines.

Adopted,

JUAN PONCE ENRILE President of the Senate

This Resolution was adopted by the Senate onMarch 23, 2011.

EMMA LIRIO-REYES Secretary of the Senate

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9. What shall the Secretary do upon the date and timedesignated by the Senate for the return of summonsagainst the person impeached?

The Senate Secretary shall administer the oath or a r -mation contemplated under the Rules to the returning of-cer. This oath or a rmation shall be entered at large onthe records.

10. What is the duty of the Secretary upon the hour ofthe day appointed by the Senate for the trial of an im-peachment case?

The Senate Secretary shall give notice to the House ofRepresentatives that the Senate is ready to proceed uponthe trial of the person impeached in the Senate Chamber.

11. What is the duty of the Senate President upon thehour of the day appointed by the Senate for the trial ofan impeachment case?

The Presiding O cer shall cause the proclamation to bemade that the business of the trial shall proceed.

12. What powers may the Presiding O cer exercise?

a) The power to make and issue, by himself or by the Sen-ate Secretary, all orders, mandates, and writs authorized

by these Rules or by the Senate; and

b) The power to make and enforce such other regulationsand orders in the premises as the Senate may authorizeto provide.

13. How long will the impeachment trial last?

Unless the Senate provides otherwise, it shall continuein session from day to day (except Saturdays, Sundays,and nonworking holidays) until nal judgment shall berendered, and so much longer as may, in its judgment, benecessary.

14. Should the Senators observe political neutrality?

Yes, during the course of the impeachment trial. PoliticalNeutrality shall be de ned as the exercise of a public of -cials duty without unfair discrimination and regardlessof party a liation.

15. How shall the proceedings of the impeachmentcourt be recorded and reported?

The Senate Secretary shall record the proceedings in cas-es of impeachment as in the case of legislative proceed-ings, and the same shall be reported in the same manneras the legislative proceedings of the Senate.

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

Counsel for the parties shall be admitted to appear andbe heard upon an impeachment: Provided that counselfor the prosecutors shall be under the control and super-vision of the panel of prosecutors of the House of Repre-sentatives.

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

All motions, objections, requests, or applications whether

relating to the procedure of the Senate or relating imme-diately to the trial (including questions with respect to ad-mission of evidence or other questions arising during thetrial) shall be addressed to the Presiding O cer only.

18. Is it necessary that all the motions, objections, re-quests or applications mentioned above be in writing?

As a general rule these are not required to be in writing.But if the Presiding o cer or any Senator shall require it,these shall be committed to writing, and read at the Sec-

retarys table.19. May the Senate compel the attendance of witness-es?

Yes.

20. How shall witnesses be examined and cross-exam -ined?

Witnesses shall be examined by one person on behalf ofthe party producing them, and then cross-examined byone person on the other side.

21. May a Senator be called as a witness?

Yes. If a Senator is called as a witness, he/she shall besworn, and give his/her testimony standing in his/herplace.

22. If a Senator wishes to put a question to a witnesshow long may he do so?The Senator shall put a question to the witness within twominutes. He/She may also o er a motion or order in writ -ing which shall be submitted to the Presiding O cer.

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23. May a Senator put a question to a prosecutor orcounsel?

Yes. He/She may also o er a motion or order in writingwhich shall be submitted to the Presiding O cer.

24. Is the impeachment trial open to the public?

At all times while the Senate is sitting upon the trial of animpeachment, the doors of the Senate shall be open tothe public. Silence shall be observed by the visitors at alltimes, on pain of eviction from the trial venue.

25. May the Presiding o cer and the Senators makeany comments and disclosures in public about the mer-its of the trial?

They shall refrain from making any comments and disclo-sures in public pertaining to the merits of a pending im-peachment trial.

26. Does the above rule also apply to prosecutors, tothe person impeached and to their respective counseland witnesses?

Yes, they shall also refrain from making any commentsand disclosures in public pertaining to the merits of apending impeachment trial.

27. How long may preliminary or interlocutory ques-tions, and motions be argued?

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

28. How many persons may open the case on each side?

Only one on each side may open the case.

29. How many persons on each side may make the nalargument on the merits?

The nal argument on the merits may be made by two(2) persons on each side (unless otherwise ordered by theSenate upon application for that purpose), and the argu-ment shall be opened and closed on the part of the Houseof Representatives.

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

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

the articles of impeachment shall have been completed.

31. How shall the vote on the nal question be taken?

The vote shall be taken on each article of impeachmentseparately.

32. When shall a judgment of acquittal be entered?

Judgment of acquittal shall be entered if the impeach-ment shall not, upon any of the articles presented, be sus-tained by the votes of two-thirds of all the Members.

33. When should the Senate proceed to pronounce judgment of conviction?

The Senate shall do so if the person impeached shall be

convicted upon any of the articles of impeachment by thevote of two-thirds of all the Members. A certi ed copy ofsuch judgment shall be deposited in the O ce of the Sec -retary.

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

A motion to reconsider the vote by which an article of im-peachment is sustained or rejected shall not be in order.

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. If objection is heard, the orders or decisions shallbe voted on without debate by yeas and nays, which shallbe entered on the record, subject however, to the opera-tion of Rule VI. In that case, no Senator shall speak formore than once on one question, and not for more thanten (10) minutes on an interlocutory question, and for notmore than fteen (15) minutes on the nal question, un -less by consent of the Senate, to be had without debate.A motion to adjourn may be decided without the yeasand nays, unless they be demanded by one- fth (1/5) ofthe Senators present. The fteen minutes herein allowedshall be for the whole deliberation on the nal question,and not on the nal question on each article of impeach -ment.

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

Yes.

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37. May the Senate punish for contempt?

The Senate shall have the power to punish in a summaryway contempt of, and disobedience to, its authority, or-ders, mandate, writs, or judgments.

38. Does the Senate have the power to make orders,rules, and regulations?

Yes, it was the power to make such lawful orders, rules,and regulations which it may deem essential or conduciveto the ends of justice.

39. Is the Sergeant at Arms allowed to employ aid andassistance for the enforcement and execution of thelawful orders, mandates, and writs of the Senate?

Yes. He may do so under the direction of the Senate Presi-dent.

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

Either may rule on all questions of evidence including, butnot limited to, questions of materiality, relevancy, com-petency or admissibility of evidence and incidental ques-tions.

41. Shall the ruling of the Senate President or Chief jus-tice on the aforesaid questions stand as the ruling ofthe Senate?

Yes, unless a Senator shall ask that a formal vote be takenthereon, in which case it shall be submitted to the Senatefor decision after one contrary view is expressed.

42. May the Presiding O cer in the rst instance throwthe question to the Senate?

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

43. For how long may the motion for a vote on thequestion and a contrary opinion take?

Said motion and the contrary opinion shall take not morethan two (2) minutes each, with a one-minute rebuttal al-lowed for the proponent of the motion.44. Will the Rules of Court and the Rules of the Senatend application in the impeachment trial?

The provisions of the Rules of the Senate and the Rulesof Court shall apply in a suppletory manner whenever ap-

plicable.

45. How is the question put on each article of impeach-ment?

The Presiding O cer shall rst state the question. There -after, each Senator, as his/her name is called, shall rise inhis/her place and answer: guilty or not guilty.

46. When does the Presiding O cer vote?

The vote of the President of the Senate on each article ofimpeachment, when acting as the presiding o cer, shallbe last taken after all the Senators have stated their votes.

47. May a Senator explain his/her vote?

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

48. Who shall serve all process?

All process shall be served by the Sergeant at Arms of theSenate, unless otherwise ordered by the Senate.

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

Yes.

50. If the Impeachment Court fails to sit on the hourxed for the consideration of the articles of impeach -ment what may the Senate do?

The Senate may by an order to be adopted without de-bate, x a day and hour for resuming consideration.

51. Has the Rules of Procedure on Impeachment Trialsbeen published?

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

SENATOR-JUDGESOLEMN OATH OF OFFICE

I __________ solemnly swear that in all thingsappertaining to the trial of impeachment of SupremeCourt Chief Justice Renato Corona now pending, I willdo impartial justice according to the Constitution and

the laws of the Philippines. So help me God.

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Sec. 1 ART. 8 of the Constitution

explicitly vests the judicial power in theSupreme Court and such lower court asmay be established by law. It proceeds tode ne the judicial power as the power tosettle controversies involving rights thatare legally enforceable. The implication isobvious: For good or ill, the Constitutionhas seen t to lodge the power to settle justiciable controversies in the courts andcourts alone, not because they are infal-lible, but because somewhere down theline, there must be an authority that mustsay what the law is. We may disagree withthe ruling of a court, but must never defyit. Any other scheme will result in makingthe law a matter of personal opinion andcause more harm than good. The second President Aquino andhis allies in the House of Representativesseek to undo this great principle. The hardevidence for this is nothing less than thearticles of impeachment they have sentto the Senate against Chief Justice Re-

nato Corona. They are openely reviewingthe acts of the Chief Justice and his courtin several cases which are not their liking,assuming as power that is not theirs un-der the Constitution. Even at the heightof its unpopularity in the 1930s, the pow-er and authority of the US Supreme Courtwas never unsurped in this way. Are notthe proponents of impeachment them-selves committing a culpable violation ofthe Constitution? A president who can have a chief

justice impeached because the decisionsof the court are adverse to his interestswill ultimately hold the entire Judiciaryhostage to his wishes. The high feelingsof the moment doubtless will be satis-ed, Justice Frank Murphy said in his dis -senting opinion in re Yamashita 327 US 1.But in the sober afterglow will come therealization of the boundless and danger-ous implications of the procedure sanc-tioned today.

Lifted from Philippine Daily Inquirer January 13 2012

SOMEBODY HAS GOT TOHAVE THE FINAL SAY

By: MARIO GUARINA IIIretired Court of Appeals Justice

IBP: IN DEED & IN CREED

IBP Governors and O cers hold a press conference to announce its position.

IBP called for a press brie ng on the impeachment.

IBP Statement on the Senate Trial

As the impeachment proceedings of Chief Justice Corona unfoldat the Senate, the IBP expresses its prayerful hope for a fair trial and

credible outcome.

There is no dispute that impeachment is both a political and con-stitutional process. It is political because it is undertaken by the politicalbranches of government. It is constitutional because it is a mechanism for public accountability as enshrined in the Constitution itself. As such,it must adhere to the constitutional guarantees of due process andequal protection of the law to ensure a fair trial and credible outcome.

Political partisanship and considerations have no place in theimpeachment trial. The Senates own Rules on Impeachment clearly

spell this out.-- As an impeachment court, the Senator-judges shouldobserve political neutrality, or without regard to party a liation or preference. Even more emphatic is the solemn oath taken by the Sena-tor-judges in hearing the case of Chief Justice Corona-- to do impartial justice according to the Constitution and the law of the Philippines. And an impartial justice can only be based on facts and evidence andnot on personal sentiments or swings of public opinion.

As sentinel of law and democracy, the IBP assures our peoplethat it will keep vigil in this critical moment in our democracy. To carryout this resolve, the IBP is launching an IBP Impeachment Watch andIBP Impeachment Communications Group to keep the public informed.

We call on the public to join in prayer with the IBP in its vigil for a fair and credible impeachment proceedings consistent with the Rule ofLaw.

A P R AY E R F U L H O P E

IBP Etc Impeachment Statements

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