RULES
OF PROCEDURE ON IMPEACHMENT TRIALS IN THE SENATE OF THE PHILIPPINES
I.
When the Senate receives articles of impeachment against any person,
the
Senate President shall inform the House of Representatives that the
Senate
shall take proper order on the subject of impeachment and shall be
ready
to receive the prosecutors on such time and date as the Senate may
specify.
II.
Upon such articles being presented to the Senate, the Senate shall, at
2 o'clock in the afternoon of the day (except Saturday and Sunday)
following such presentation, or sooner if ordered by the Senate,
proceed
to the consideration of such articles. It shall continue in session
from
day to day (except Saturday and Sunday) after the trial shall
commence
(unless otherwise ordered by the Senate) until final judgment
shall
be rendered, and so much longer as may, in its judgment, be needful.
Before
proceeding to the consideration of the articles of impeachment, the
Presiding
Officer shall administer the oath hereinafter provided to the Members
of
the Senate then present and to the other Members of the Senate as they
shall appear, whose duty it shall be to take the same.
III.
When the President of the Philippines shall be impeached, the Chief
Justice
of the Supreme Court shall preside, otherwise the Senate President
shall
preside in all other cases of impeachment. In a case requiring the said
Chief Justice to preside, notice shall be given to him by the Senate
President
of the time and place fixed for the consideration of the articles of
impeachment,
as aforesaid, with a request to attend; and the said Chief Justice
shall
be administered and oath by the Senate President and shall preside over
the Senate during the consideration of said articles and upon the trial
of the person impeached therein.
IV.
The Presiding Officer shall have the power to make and issue, by
himself
or by the Secretary of the Senate, all orders, mandates, and writs
authorized
by these rules or by the Senate, and to make and enforce such other
regulations
and orders in the premises as the Senate may authorize or provide.
V.
The Senate shall have power to compel the attendance 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 disobedience to, its
authority,
orders, mandates, writs, or judgments, and to make all lawful orders,
rules,
and regulations which it may deem essential or conducive to the ends of
justice. And the Sergeant at Arms, under the direction of the Senate,
may
employ such aid and assistance as may be necessary to enforce, execute,
and carry into effect the lawful orders, mandates, and writs of the
Senate.
VI.
The Senate President shall direct all necessary preparations in the
Senate
Chamber, and the Presiding Officer on the trial shall direct all the
forms
of proceedings while the Senate is sitting for the purpose of trying an
impeachment. The presiding officer _____________________ shall direct
all
forms during the trial not otherwise specially provided for under these
rules.
The
President of the Senate or the Chief Justice when presiding on the
trial
may rule on all questions of evidence including, but not limited to,
questions
of materiality, relevancy, competency or admissibility of evidence and
incidental questions, which ruling shall stand as the judgment of the
Senate,
unless a Member of the Senate shall ask that a formal vote be taken
thereon,
in which case it shall be submitted to the Senate for decision after
one
contrary view is expressed; or the Presiding Officer may at his/her
option,
in the first instance, submit any such question to a vote of the
Members
of the Senate. The motion for a vote and the contrary opinion shall not
take more than two (2) minutes each, with a one minute rebuttal allowed
for the proponent of the motion. Upon all such questions the vote shall
be taken in accordance with the Standing Rules of the Senate. The Rules
of Court shall apply insofar as they are applicable. Rules
of evidence and procedures shall be liberally construed.
VII.
Upon the presentation of articles of impeachment and the organization
of
the Senate as hereinbefore provided, a writ of summons shall issue to
the
person impeached, reciting or incorporating said articles, and
notifying
him to appear before the Senate upon a day and at a place to be fixed
by
the Senate and named in such writ, and file his answer to said articles
of impeachment. Within an unattendable period of ten days from receipt
thereof, and to stand to and abide by the orders and judgments of the
Senate
thereon; which writ shall be served by such officer or person as shall
be named in the order thereof, such number of days prior to the day
fixed
for such appearance as shall be named in such order either by the
delivery
of an attested copy thereof to the person impeached, or if that cannot
conveniently be done, by leaving such copy at the last known place of
abode
of such person, or at his usual place of business in some conspicuous
place
therein; or if such service shall be, in the judgment of the Senate,
impracticable,
notice to the person impeached to appear shall be given in such other
manner,
by publication or otherwise, as shall be deemed just; and if the writ
aforesaid
shall fail of service in the manner aforesaid, the proceedings shall
not
thereby abate, but further service may be made in such manner as the
Senate
shall direct. If the person impeached, after service, shall fail to
appear,
either in person or by attorney, on the day so fixed thereof as
aforesaid,
or, appearing, shall fail to file his answer to such articles of
impeachment,
the trial shall proceed, nevertheless, as upon a plea of not guilty. If
a plea of guilty shall be entered, judgment may be entered thereon
without
further proceedings.
VIII.
At 3 o'clock in the afternoon of the day appointed for the return of
the
summons against the person impeached, the legislative business of the
Senate
shall be suspended, and the Secretary of the Senate shall administer an
oath to the returning officer in the form following:
"I,
__________________, do solemnly swear that the return made by me upon
the
process issued on the ____ day of ______________, by the Senate of the
Philippines, against __________________ is truly made, and that I have
performed such service as therein described: So help me God."Which
oath shall be entered at large on the records.
IX.
The person impeached shall then be called to appear and answer the
articles
of impeachment against him. If he appears, or any person for him, the
appearance
shall be recorded, stating particularly if by himself, or by agent or
attorney,
naming the person appearing and the capacity in which he appears. If he
does not appear, either personally or by agent or attorney, the same
shall
be recorded.
X.
At 2 o'clock in the afternoon, or at such other hour as the Senate may
order, of the day appointed for the trial of an impeachment, the
legislative
business of the Senate shall be suspended, and the Secretary shall give
notice to the House of Representatives that the Senate is ready to
proceed
upon the impeachment of _______________, in the Senate Chamber.
XI.
The hour of the day at which the Senate shall sit upon the trial of an
impeachment shall be (unless otherwise ordered) 2 o'clock in the
afternoon; and when the hour shall arrive, the Presiding Officer upon
such
trial shall cause proclamation to be made, and the business of the
trial
shall proceed. The adjournment of the Senate sitting in said trial
shall
not operate as an adjournment of the Senate as a legislative body and
on
such adjournment the Senate shall resume the consideration of its
legislative
business.
XII.
The Secretary of the Senate shall record the proceedings in cases of
impeachment
as in the case of legislative proceedings, and the same shall be
reported
in the same manner as the legislative proceedings of the Senate.
XIII.
Counsel for the parties shall be admitted to appear and be heard upon
an
impeachment: Provided, That counsel for the prosecutors shall be under
the control and supervision of the panel of prosecutors of the House of
Representatives.
XIV.
All motions, objections, requests, or applications whether relating to
the procedure of the Senate or relating immediately to the trial (including
questions with respect to admission of evidence or other questions
arising
during the trial) made by the parties or their counsel shall be
addressed
to the Presiding Officer only, and if he, or any Senator, shall require
it, they shall be committed to writing, and read at the Secretary's
table.
XV.
Witnesses shall be examined by one person on 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 shall be sworn, and give his
testimony
standing in his place.
XVII.
If a Senator wishes to put a question to a witness, he/she shall do so
within two minutes. A senator may likewise put a question to a
prosecutor
or to counsel of the prosecutor or the person impeached. He/she may
also
offer a motion of order, in writing which shall be submitted to the
Presiding
Officer. The parties or their counsel may interpose objections to
witnesses
answering questions propounded by any Senator and the merits of any
such
objection may be argued by the parties or their counsel. Ruling on any
such objection shall be made as provided in Rule
VI.
XVIII.
At all times while the Senate is sitting upon the trial of an
impeachment
the doors of the Senate shall be open to the public.
XIX.
All preliminary or interlocutory questions, and all motions, shall be
argued
for not exceeding one hour (unless the Senate otherwise orders)
on each side.
XX.
The case, on each side, shall be opened by one person. The final
argument
on the merits may be made by two persons on each side (unless
otherwise
ordered by the Senate upon application for that purpose), and the
argument
shall be opened and closed on the part of the House of
Representatives.
XXI.
An article of impeachment shall not be divisible for the purpose of
voting
thereon at any time during the trial. Once voting has commenced on an
article
of impeachment, it shall continue until completed on all articles of
impeachment,
unless the Senate adjourns for a period not to exceed one day or
adjourns
sine die. On the final question whether the impeachment is sustained,
the
yeas and nays shall be taken on each article of impeachment separately;
and if the impeachment shall not, upon any of the articles presented,
be
sustained by the votes of two-thirds of all the Members, a judgment of
acquittal shall be entered; but if the person impeached shall be
convicted
upon any such article by the votes of two-thirds of all the Members,
the
Senate may proceed to the consideration of such other matters as may be
determined to be appropriate prior to pronouncing judgment. A motion to
reconsider the vote by which any article of impeachment is sustained or
rejected shall not be in order.
Form
of putting the question on each article of impeachment
The
Presiding Officer shall first state the question; thereafter each
Senator,
as his/her name is called, shall rise in his/her place and answer:
guilty
or not guilty. If he/she so wishes, a Senator may explain his/her vote
for not more than two (2) minutes.
XXII.
All the orders and decisions may be acted upon without objection, or,
if
objection is heard, the orders and decisions shall be voted on without
debate by yeas and nays, which shall be entered on the record, subject,
however, to the operation of Rule VI, except when the doors shall be
closed
for deliberation, and in that case no Member shall speak more than once
on one question, and for not more than ten minutes on an interlocutory
question, and for not more than fifteen minutes on the final question,
unless by consent of the Senate, to be had without debate; but a motion
to adjourn may be decided without the yeas and nays, unless they be
demanded
by one-fifth of the Members present. The fifteen minutes
herein
allowed shall be for the whole deliberation on the final question, and
not on the final question on each article of impeachment.
XXIII.
Witnesses shall be sworn in the following form:
"You
_______________, do swear (or affirm, as the case may be) that the
evidence
you shall give in the case now pending between the Philippines and
__________________,
shall be the truth, the whole truth, and nothing but the truth: so help
you God."
Which
oath shall be administered by the Secretary, or any other duly
authorized
person.
Form
of a subpoena to be issued on the application of the prosecutors of the
impeachment, or of the party impeached, or of his counsel
To
__________________, greetings:
You
are hereby commanded to appear before the Senate of the Philippines, on
the _______ day of ____________, at the Senate Chamber in the City of
Pasay,
then and there to testify your knowledge in the case which is before
the
Senate in which the House of Representatives has impeached
_____________,
and to bring with you the following ___________, it being necessary to
use the same as testimony.
Fail
not.
Witness
______________, and Presiding Officer of the Senate, at the City of
Pasay,
this _______ day of _____________, in the year of our Lord.
______________________________, Presiding
Officer of the Senate
Form
of direction for the service of said subpoena
The
Senate of the Philippines to ____________, greeting: You are hereby
commanded
to serve and return the within subpoena according to law. Dated at
Pasay,
this ____ day of ________, in the year of our Lord ____.
_______________________, Secretary
of the Senate
Form
of oath to be administered to the Members of the Senate and the
Presiding
Officer sitting in the trial of impeachments
"I
solemnly swear (or affirm, as the case may be) that in all things
appertaining
to the trial of the impeachment of ______ ______, now pending, I will
do
impartial justice according to the Constitution and laws: So help me
God."
Form
of summons to be issued and served upon the person impeached
REPUBLIC
OF THE PHILIPPINES ) SS.
The
Senate of the Philippines to _______________, greetings:
Whereas
the House of Representatives of the Philippines did, on the ____ day of
________, present to the 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,
examinations,
trials, and judgments might be thereupon had as are agreeable to law
and
justice.
You,
the said ____________, are therefore hereby summoned to be and appear
before
the Senate of the Philippines, at their Chamber in the City of Pasay,
on
the ____ day of __________________, at ____ o'clock ____, then and
there
to answer to the said articles of impeachment, and then and there to
abide
by, obey, and perform such orders, directions, and judgments as the
Senate
of the Philippines shall make in the premises according to the Constitution
and laws of the Philippines.
Hereof
you are not to fail.
Witness
___________________, and Presiding Officer of the said Senate, at the
City
of Pasay, Philippines, this ____ day of ________, in the year of Our
Lord
_______.
______________________________, Presiding
Officer of the Senate
Form
of Order to be indorsed on said writ of summons
REPUBLIC
OF THE PHILIPPINES ) SS.
The
Senate of the Philippines to ________________________, greetings:
You
are hereby commanded to deliver to and leave with __________
__________,
if conveniently to be found, or if not, to leave at his usual place of
abode, or at 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 whichsoever way you perform the service, let it
be
done at least ____ days before the appearance day mentioned in the said
writ of summons.
Fail
not, and make return of this writ of summons and order, with your
proceedings
thereon endorsed, on or before the appearance day mentioned in the said
writ of summons.
Witness
______________________, and Presiding Officer of the Senate, at the
City
of Pasay, this ____ day of ____ in the year of Our Lord.
______________________________, Presiding
Officer of the Senate
All
process shall be served by the Sergeant-at-Arms of the Senate, unless
otherwise
ordered by the Senate.
XXIV.
If the Senate shall, at any time, fail to sit for the consideration of
articles of impeachment on the day or hour fixed therefor, the Senate
may,
by an order to be adopted without debate, fix a day and hour for
resuming
such consideration.
Senate
Resolution No. 890RESOLUTION
ADOPTING CERTAIN RULES OF PROCEDURE AND PRACTICE
TO GOVERN IMPEACHMENT PROCEEDINGS IN THE SENATE
COMPILATION
OF ESTRADA RESIGN SITES
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