Republic of the Philippines
CONGRESS OF THE PHILIPPINES
S E N A T E
Pasay City
Fifteen Congress
First Regular Session
RESOLUTION NO. 39CONGRESS OF THE PHILIPPINES
S E N A T E
Pasay City
Fifteen Congress
First Regular Session
RESOLUTION ADOPTING THE RULES OF PROCEDURE ON IMPEACHMENT TRIALS
Resolved by the Senate, To adopt, as it hereby adopts, the following:
RULES OF PROCEDURE ON IMPEACHMENT TRIALS
I. When the Senate receives articles of impeachment
pursuant to Article XI, Sections 2 and 3 of the Constitution, the
President of the Senate 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.
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| Senator Judges as they say an opening prayer a few minutes before session starts |
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 President of the Senate of
the time and place fixed for the consideration of the articles of
impeachment, with a request to attend. The Chief Justice shall be
administered the oath or affirmation, prescribed under these Rules, by
the President of the Senate and shall preside over the Senate during the
consideration of said articles and upon the trial of the person
impeached.
The President of the Senate shall preside in all
other cases of impeachment and, for that purpose, placed under the
prescribed oath or affirmation by any person authorized by law to
administer an oath.
III. Before proceeding to the consideration of the
articles of impeachment, the Presiding Officer shall administer the
prescribed oath or affirmation 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.
Upon presentation of the articles to the Senate, the
Senate shall specify the date and time for the consideration of such
articles. Unless the Senate provides otherwise, it shall continue in
session from day to day (except Saturdays, Sundays, and nonworking
holidays) until final judgment shall be rendered, and so much longer as
may, in its judgment, be necessary.
Senators shall observe political neutrality during
the course of the impeachment trial. "Political neutrality" shall be
defined as exercise of public official's duty without unfair
discrimination and regardless of party affiliation or preference.
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 of the Senate, under the direction of
the President 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 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. The provisions of the Rules of the Senate
and the revised Rules of Court shall apply suppletorily whenever
applicable.
VII. Upon the presentation of articles of impeachment
and the organization of the Senate as hereinbefore provided, a writ of
summons shall be issued to the person impeached, reciting or
incorporating said articles, and notifying him/her to appear before the
Senate upon a day and at a place to be fixed by the Senate and named in
such writ, and to file his/her Answer to said articles of impeachment
within a non-extendible period of ten (10) days from receipt thereof; to
which the prosecutors may Reply within a non-extendible period of five
(5) days therefrom; and to stand to and abide by the orders and
judgments of the Senate.
Such writ shall be served by such officer or person
named in the order thereof, not later than three(3) days prior to the
day fixed for such appearance of the person impeached, either by the
delivery of an attested copy thereof to the person impeached, or if
personal service cannot be done, service of the writ may be made by
leaving a copy with a person of sufficient age and discretion at his/her
last known address or at his/her office or place of business; and if
the service of such writ shall fail 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 counsel, on the day so fixed 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 the date and time designated by the Senate
for the return of the summons against the person impeached, the
Secretary of the Senate shall administer the following oath or
affirmation to the returning officer:
"I, __________________, do solemnly swear (or affirm) that the return made by me upon the process issued on the _______ day of ______________, by the Senate of the Philippines, against ________ __________ was truly made, and that I have performed such service as therein described: (So help me God)." Which oath or affirmation 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/her. If he/she
appears, or any person for him/her, the appearance shall be recorded,
stating particularly if by himself/herself, or by agent or counsel,
naming the person appearing and the capacity in which he/she appears. If
he/she does not appear, either personally or by agent or counsel, 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, if there be any, shall be suspended,
and the Secretary of the Senate shall give notice to the House of
Representatives that the Senate is ready to proceed upon the impeachment
trial of ________ _________, in the Senate Chamber.
XI. Unless otherwise fixed by the Senate, the hour of
the day at which the Senate shall sit upon the trial of an impeachment
shall be 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.
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/she shall be sworn, and give his/her testimony standing in his/her place.
XVII. If a Senator wishes to put a question to a
witness, he/she shall do so within two (2) minutes. A Senator may
likewise put a question to a prosecutor or counsel. He/she may also
offer a motion or order, in writing, which shall be submitted to the
Presiding Officer.
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. Silence shall be observed by the visitors at all times, on pain
of eviction from the trial venue.
The Presiding Officer and the Members of the Senate
shall refrain from making any comments and disclosures in public
pertaining to the merits of a pending impeachment trial. The same shall
likewise apply to the prosecutors, to the person impeached, and to their
respective counsel and witnesses.
XIX. All preliminary or interlocutory questions, and
all motions, shall be argued for not exceeding one hour on each side,
unless the Senate otherwise orders.
XX. The case, on each side, shall be opened by one
person. The final argument on the merits may be made by two (2) 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. The trial of all the articles of impeachment
shall be completed before the Senators vote on the final question on
whether or not the impeachment is sustained. On the final question
whether the impeachment is sustained, the vote 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 in such articles of impeachment shall be
convicted upon any of said articles by the votes of two-thirds of all
the Members,
the Senate shall proceed to pronounce judgment of
conviction, and a certified copy of such judgment shall be deposited in
the Office of the Secretary of the Senate. 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. The vote of the
President of the Senate on each article of impeachment, when acting as
the presiding officer, shall be last taken after all the Senators have
stated their votes. 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,
and in that case no Member shall speak more than once on one question,
and for not more than ten (10) minutes on an interlocutory question, and
for not more than fifteen (15) 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 or affirmation shall be administered by the Secretary of the Senate, 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/her counsel.
Form of direction for the service of said subpoena.To ________ __________,Greetings:You are hereby commanded to appear before the Senate of the Philippines, on the ______ day of ___________, at the Senate Chamber in ____________________, 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 said Senate at _____________, Philippines, this ___ day of _______, in the year of our Lord ___________________.Presiding Officer of the Senate
The Senate of the Philippines )To ________ __________,Greetings:You are hereby commanded to serve and return the within subpoena according to law. Dated at ___________, 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.
Form of summons to be issued and served upon the person impeached."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 of the Philippines: (So help me God)."
Form of Order to be indorsed on said writ of summons.REPUBLIC OF THE PHILIPPINES ) S.S.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 _______________, 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 ______________, Philippines, this ___ day of _______, in the year of our Lord __________________.Presiding Officer of the Senate
REPUBLIC OF THE PHILIPPINES ) S.S.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 said Senate at ______________, 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.
XXV. These Rules shall take effect immediately upon
publication in two (2) newspapers of general circulation and shall
remain in force until amended or repealed. A copy of these Rules shall
be posted on the official website of the Senate of the Philippines.
Adopted,JUAN PONCE ENRILE
President of the Senate
This Resolution was adopted by the Senate on March 23, 2011.
EMMA LIRIO-REYES
Secretary of the Senate
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