GR: Public employees cannot be sued in the Impeachable Officers: (Art. XI, Sec.

2)
discharge of their duties 1. President
Highest elective official
2. Vice President
Public employees – act as a representative of
3. Justices of Supreme Court Highest
the state
4. Tanodbayan (Ombudsman) appointive
EXPN: 5. Members of Constitutional of officials
1. Ultra Vires - outside the scope of Commission
authority
2. Malice Grounds for Impeachment: (Art. XI, Sec. 2)
3. Gross negligence 1. Culpable violation of the Constitution
4. If the act is purely personal – acts not 2. Treason
in contemplation of his public duties, 3. Bribery
at the personal level 4. Graft and Corruption
(These expns cannot invoke state immunity) 5. Other high crimes
6. Betrayal of public trust
Jurisdiction - power to hear, try, decide and
execute one’s judgment
(Remember: the lists of impeachable
- Conferred by Constitution/Law
officers and grounds for impeachment are
Epistolary Jurisdiction – “epistle”=“letter”
exclusive!)
power of the courts to take cognizance of the
case thru a form of letter without observing
House of Representatives shall have the
the rules/forms (Art. III, Sec. 11, free access
exclusive power to initiate all cases of
to courts x x x)
impeachment (Art. XI, Sec. 1)
Venue - place itself, location
Nature of Public Office 1. Verified complaint either by (b)any
member of HoR or any (a)citizen
- Public office is a public trust (Art.
through resolution/endorsement (Art.
XI, Sec 1)
XI, Sec 3 (2))
How to check public officials? If living in
modest life -> through SALN
A. HoR will send it to Committee
- Not inheritable (Art. II, Sec 12)
on Justice then there will be a
Equal opportunity to public office/service
resolution of Committee on
- Outside the commerce of men
Justice (there will be voting to
It could not be an object of contract
uphold or not the said
- It is not a property
resolution).
Due process clause cannot be invoked
1/3 votes of HoR members
needed to affirm the Articles of
Impeachment – process or procedure of
Impeachment, if favorable, will
ouster of constitutional officers (Look:
be transferred to Senate for trial.
Francisco v. Hose of Representatives)
B. 1/3 members of HoR if signed
(verified complaint), Articles of
 Impeachment will be constituted, 1. Plebescite/ Referendum – Legislative
will be transferred to Senate for power delegated to the people (Art.
trial VI, Sec. 32, Art. X, Sec. 10, Art.
Art. XI, Sec. 3 (5) – not more than once XVII, Sec. 2)
within a period of 1 year 2. Emergency Powers – Art. VI, Sec.
23 (2)
“Impeachment case is deemed initiated 3. Tariff Powers – Art. VI, Sec. 28 (2)
when the complaint has been filed with the 4. Administrative Powers –
HoR and referred to the appropriate Jurisprudence will be the basis
committee” Administrative powers are delegated
Try and decide all cases – Senate (Art. XI, to the administrative agencies
Sec 6) Power of subordinate legislation
To promulgate implementing rules
Initiate all cases of impeachment – HoR
and regulations
(Art. XI, Sec. 1)
5. Local Government (Art. X)
Impeachment Case – issue to be tried by Tests for Valid Delegation
the Senate 1. Completeness test
2. Sufficient standard test – determinate
Impeachment Proceedings – events or
or determinable standards
procedures which happened prior to trial by
Note: Discretion cannot be exercised
senate
“Delegate cannot act ultra vires”
Deemed impeached – if Articles of
Impeachment is constituted or instituted Requisites of valid delegation of
emergency powers:
Note: Impeached is just a term, trial will still
1. There must be a war or national
push through to remove the official
emergency
Effect of Conviction – removal from office 2. There must be a law enacted by the
and disqualification to hold any office under Congress
the Republic of the Philippines 3. For a limited period
4. Subject to restrictions
CSC – 3 Members (Art. IX, Sec. 1-B)
5. Must be exercised according to the
COMELEC – 7 members (Art. IX, Sec. 1- declared national policy (Art. VI,
C) Sec. 23 (2))
Legislative Privileges (Art VI, Sec 11)
COA – 3 Members (Art. IX, Sec. 1- D)
1. Privilege from arrest – not more than
Protestas delegata non-delegari potest - no 6 years, must be in session
delegated powers can be further delegated 2. Privilege Speech
- Remarks must be made in the
Congress or any Committee thereof
Powers which can be delegated: - Remarks must be made in discharge
of his duties
No one could question the privilege speech 2. Power of Control (Art. VII, Sec. 17)
EXPN: Art. VI, Sec. 16 (3) 3. General Supervision (Art. 10, Sec. 4)
4. Calling out power (prevent or
Disqualifications (Art. VI, Sec. 13) suppress lawless violence, invasion
1. Incompatible office (1st sentence) or rebellion) (Art. VII, Sec. 18)
2. Forbidden office (2nd sentence) 5. Suspend privilege of writ of habeas
3. corpus(in case of invasion, rebellion,
Bodies attached to the Congress: when public safety requires it, for a
1. CoA (Commission on period not exceeding 60 days) (Art.
Appointments) (Art. VI, Sec. 18) VII, Sec 18
Who are the presidential appointees? 6. Martial Law (Art. VII, Sec. 18)
Art. VII, Sec. 16 - Any citizen can file for factual basis
2. Electoral Tribunal (Art. VI, Sec. of the proclamation of martial law or
17) suspension of the privilege of writ or
House of Representatives Electoral extension thereof, and must
Tribunal – 9 Members, composed of promulgate its decision thereon
3 Justices (Senior will be the Chair), within 30 days from its filing
6 members, 3 each from Senate or 7. Pardoning Power (Art. VII, Sec 19)
House chosen by proportional - Look into the difference of pardon,
representation commutation, reprieve, parole, and
Senate Electoral Tribunal – 9 amnesty. Especially pardon and
Members, composed of 3 Justices amnesty!
(Senior will be the Chair), 6 8. Power to contract foreign loans (Art.
members, 3 each from Senate or VII, Sec. 20)
House chosen by proportional 9. Power to enter into international
representation agreement (Art. VII, Sec. 21)
“No appeal on the results (Sole judge of all 10. Addressing power/informing power
contests relating to the election, returns, and (Art. VII, Sec. 23)
qualifications) 11. Agreement with foreign corporation
(Art. XII, Sec. 2)
Prior to oath and assumption of 12. Veto power (Art. VI, Sec. 27)
office – COMELEC 13. Call special session (Art. VI, Sec.
After oath and assumption of office – 15)
HRET or SET 14. Residual powers (jurisprudence)
- All the powers not granted to any
Presidential Electoral Tribunal – Supreme branch, the president will have
Court en banc

Powers of the President: