Download - Primer on Impeachment Rules
-
8/3/2019 Primer on Impeachment Rules
1/18
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
P a g e | 1
s
e
I
AU
-
8/3/2019 Primer on Impeachment Rules
2/18
P a g e | 2
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
-
8/3/2019 Primer on Impeachment Rules
3/18
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
P a g e | 3
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
-
8/3/2019 Primer on Impeachment Rules
4/18
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?
P a g e | 4
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
-
8/3/2019 Primer on Impeachment Rules
5/18
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?
P a g e | 5
made that
cise?
he Senated by these
tions andprovide.15
in sessiononworking
so much
lity?
Politicalc officials
of party
dings ofrded and
-
8/3/2019 Primer on Impeachment Rules
6/18
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?
P a g e | 6
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
-
8/3/2019 Primer on Impeachment Rules
7/18
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
P a g e | 7
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
-
8/3/2019 Primer on Impeachment Rules
8/18
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
P a g e | 8
ake anyerits of
losures in
t trial.28
rs, to thensel and
ents andpending
locutory
each side,
the final
2) personsate upon
be opened
-
8/3/2019 Primer on Impeachment Rules
9/18
P a g e | 9
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
-
8/3/2019 Primer on Impeachment Rules
10/18
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
P a g e | 10
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,
-
8/3/2019 Primer on Impeachment Rules
11/18
P a g e | 11
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
-
8/3/2019 Primer on Impeachment Rules
12/18
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
P a g e | 12
e than twod for the
e Senate
s of Court7
rticle of
hereafter,/her place
article ofall be last
-
8/3/2019 Primer on Impeachment Rules
13/18
P a g e | 13
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
-
8/3/2019 Primer on Impeachment Rules
14/18
P a g e | 14
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?
-
8/3/2019 Primer on Impeachment Rules
15/18
P a g e | 15
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
-
8/3/2019 Primer on Impeachment Rules
16/18
P a g e | 16
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
-
8/3/2019 Primer on Impeachment Rules
17/18
P a g e | 17
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
-
8/3/2019 Primer on Impeachment Rules
18/18
P a g e | 18
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