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Primer on Impeachment Essay Sample

Primer on Impeachment Pages
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1. What should the Senate do upon receipt of articles of impeachment? Upon receipt of articles of impeachment: a) The Senate shall specify the date and time for the consideration of such articles.1 b) The Senate President shall inform the House 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.2 c) If it is the Chief Justice that shall 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, with a request to attend.3 d) The Senate shall organize itself as an Impeachment Court. 2. How does the Senate organize itself into an Impeachment Court? Before proceeding to the consideration of the articles of impeachment: a) The Presiding Officer shall be administered the prescribed oath or affirmation.4 b) 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 is to take the same.

3. What happens after the organization of the Senate?
a) A writ of summons shall be issued to the person impeached, reciting or incorporating said articles, and notifying hi 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 nonnon-extendible period of ten (10) days from receipt thereof; to which the prosecutors may Reply within a non-extendible period of five ecutors non extendible (5) days therefrom and to stand and abide by the orders and judgments of the Senate.6

4. How should the writ of summons be served?
The writ shall be served by personal service. The writ of summons shall be served by such officer or person named in the order hall thereof, not later than three (3) days prior to the day fixed for such appearance of the person impeached, by delivery of an attested copy thereof to the person impeached.

5. If personal service cannot be done, what other mode of cannot service may be availed? Service may be made by leaving a copy of the writ of summons with a person of sufficient age and discretion at his/her last known address or at his/her office or place of business.8 6. If service of the writ of summons f fails, shall the proceedings abate? No. Further service may be made in such manner as the Senate shall direct.

7. Shall the impeachment trial proceed even if the person impeached fails to appear before the Senate or fails to file his/her Answer to the articles of impeachment? s/her Yes, the trial shall proceed nonetheless as upon a plea of not guilty if, after service, the person impeached shall fail to appear, either in person or by counsel, on the day so fixed or though appearing, shall fail to file his/her Answer to such articles of impeachment.10 8. If a plea of guilty is entered, shall trial nevertheless proceed? No. If a plea of guilty shall be entered, judgment may be entered thereon without further proceedings.

9. What shall the Secretary do upon the date Se and time designated by the Senate for the return of summons against the person impeached? The Senate Secretary shall administer the oath or affirmation contemplated under the Rules to the returning officer. This oath or affirmation affirmati shall be entered at large on the records.12 10. What is the duty of the Secretary upon the hour of the day appointed by the Senate for the trial of an impeachment case? The Senate Secretary shall give notice to the House of Representatives that the Senate is ready to proceed upon the trial of the person impeached in the Senate Chamber.13 11. What is the duty of the Senate President upon the hour of the day appointed by the Senate for the trial of an impeachment case? Rule VII (2) Rule VII (2) 12 Rule VIII 13 Rule X

The Presiding Officer shall cause the proclamation to be made that proclamation the business of the trial shall proceed.14 12. What powers may the Presiding Officer exercise?

a. The power to make and issue, by himself or by the Senate Secretary, all orders, mandates, and writs authorized by these Rules or by the Senate; and S b. The power to make and enforce such other regulations and orders in the premises as the Senate may authorize to provide.15 13. How long will the impeachment trial last?

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.16 14. Should the Senators observe political neutrality?

Yes, during the course of the impeachment trial. “Political trial. Neutrality” shall be defined as the exercise of a public official’s duty
without unfair discrimination and regardless of party affiliation.17 15. How shall the proceedings of the impeachment court be recorded and reported?

The Senate Secretary shall record the proceedings in cases of Secretary 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.18 16. Are the parties on either side entitled to counsel?

Counsel for the parties shall be admitted to appear and be heard l 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.19 To whom shall all motions, objections, requests or 17. applications be addressed? 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) shall be addressed to the Presiding Officer only.20 only Is it necessary that all the motions, objections, 18. requests or applications mentioned above be in writing? As a general rule these are not required to be in writing. But if the Presiding officer or any Senator shall require it, these shall be committed to writing, and read at the Secretary’s table. 21 19. May the Senate compel attendance of witnesses? Yes.

20. How shall witnesses be examined and cross crossexamined? Witnesses shall be examined by one person on behalf of the party producing them, and then cross-examined by one person on the cross examined 23 other side. 21. May a Senator be called as a witness?

Yes. If a Senator is called as a witness, he/she shall be sworn, and give his/her testimony standing in his/her place.24 ve If a Senator wishes to put a question to a witness 22. how long may he do so? The Senator shall put a question to the witness within two minutes. He/She may also offer a motion or order in writing which shall be submitted to the Presiding Officer. 25 23. May a Senator put a question to a prosecutor or counsel? Yes. He/She may also offer a motion or order in writing which shall be submitted to the Presiding Officer.26 24. Is the impeachment trial open to the public? public?

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.

25. May the Presiding officer and the Senators make any officer comments and disclosures in public about the merits of the trial? They shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial.28 26. Does the above rule also apply to prosecutors, to the apply person impeached and to their respective counsel and witnesses? Yes, they shall also refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial.29 27. How long may preliminary preliminary questions, and motions be argued? or interlocutory

They may be argued for not exceeding one (1) hour on each side, unless the Senate orders otherwise.30 How many persons 28. open the case on each side? Only one on each side may open the case.31 29. How many persons on each side may make the final argument on the merits? 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.32 may

30. When should Senators vote on the final question (on whether 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 final question be taken? The vote shall be taken on each article of impeachment separately.34 32. When shall a judgment of acquittal be entered? Judgment of acquittal shall be entered if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of all the Members.35 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 the vote of two-thirds of all the Members. A certified copy of such judgment shall be deposited in the Office of the Secretary.36 34. Is a motion for reconsideration of the vote of judgment 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.

35. What procedure is to be followed when there is an objection to any order or decision of the Senate? All orders and decisions may be acted upon without objection. If upon objection is heard, the orders or 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. In that case, no Senator shall speak for more than once on one question, and than not for 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. A motion to adjourn may be decided without the yeas and nays, without unless they be demanded by one-fifth (1/5) of the Senators present. one fifth 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.38 36. May the Senate enforce obedience to its orders, he mandates, writs and judgments? Yes.39 37. May the Senate punish for contempt?

The Senate shall have the power to punish in a summary way contempt of, and disobedience to, its authority, orders, mandate, writs, or judgments.40 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 conducive to the ends of justice.

39. Is the Sergeant at Arms allowed to employ aid and assistance for the enforcement and execution of the lawful orders, mandates, and writs of the Senate? Yes. He may do so under the direction of the Senate President.42 40. What type of questions may the Senate President or Chief 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 or admissibility 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 of the 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 after one contrary view is expressed.44 42. May the Presiding Officer in the first instance throw the question to the Senate? Yes, he/she may submit any such question to a vote of the Senators.45 43. For how long may the motion for a vote on the question and a contrary opinion take?

Said motion and the contrary opinion shall take not more than two (2) minutes each, with a one-minute rebuttal allowed for the one minute 46 proponent of the motion. 44. Will the Rules of Court and the Rules of the Senate find application in the impeachment trial? The provisions of the Rules of the Senate and the Rules of Court f shall apply in a suppletory manner whenever applicable.47 45. How is the question put 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 his/her and answer: guilty or not guilty.48 46. When does the Presiding Officer vote?

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.49 ter 47. May a Senator explain his/her vote?

Yes if he/she so wishes, for not more than two (2) minutes.50 48. Who shall serve all process?

All process shall be served by the Sergeant at Arms of the Senate, unless otherwise ordered o 51 by the Senate.

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 hour fixed 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 day and hour for resuming consideration.53 51. Has the Rules of Procedure on Impeachment Trials been published? Yes, in the 26 March 2011 of the Manila Bulletin (p.9) and the Manila Times (p.A7). The Rules can be accessed at the Senate website: www.senate.gov.ph GUIDELI ES

of the Impeachment Trial of Chief Justice Renato Corona
*amended as of 28 December 2011 I. Is media accreditation for the impeachment trial coverage mandatory? Media accreditation for the Impeachment coverage is mandatory. Only reporters wearing the Impeachment IDs will be allowed inside the premises of the Impeachment venue. The O ID, O E TRY policy shall 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? SE ATE REPORTERS Senate beat reporters are not required to apply for accreditation and shall automatically be accredited. O – SE ATE REPORTERS All media persons, including FOCAP members, representatives of other media agencies, provincial media persons and crew members of TV/radio reporters 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 1×1 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 office hours. III. When is the absolute deadline for filing of application for accreditation?

The non-extendible deadline for filing of application for accreditation is on 11 JA UARY 2012. Temporary accreditation IDs or one (1) day media pass shall be 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 be reported immediately to PRIB. V. What are the designated areas where media can stay or set-up equipment? EL


• Designated seats for the reporters at the right and left galleries of the Plenary 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 in the Plenary Hall during the official proceedings. Two committee rooms will serve as Media Room, a working area for TV and radio networks, members of FOCAP and other media personalities. Settingup of portable/makeshift TV studios is allowed only in the Media Room. All press briefings shall be conducted in this area.

 Each network shall provide its own personnel to secure its own equipment. 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. I TERVIEWS WILL OT BE ALLOWED I THE HALLWAYS A D THE PLE ARY 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 E TRY CHECK DESK

o Security directs media person to Media Entry Check Desk at the Senate Lobby. o PRIB Staff / Coordinator asks for Impeachment ID and counterchecks ID 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 with other media equipment). • PLE ARY HALL o 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 parking area for Outside Broadcast (OB) Vans and generator sets. • Due to space constraints, only ten (10) slots are allotted to OB Vans and generator sets of ABS-CBN2, GMA7, TV5, SOLAR TV and NBN4 in the 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) parking slots. • Those who could not be accommodated in the Senate parking lot may park outside the Senate main gate. VIII. Press photographers and cameramen • PRESS PHOTOGRAPHERS o To decongest the Plenary Hall, press photographers will be given not more than three-minute photo opportunity before the start of the trial after which only PRIB in-house photographers will be allowed 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

GA AL who will be assigned at the Press Office to facilitate transfer of files. • CAMERAME o Due to limited space in the Plenary Hall and the
numerous requests for live coverage, only PRIB and the five networks’ cameramen and their broadcast equipment are allowed inside the Plenary Hall. o There will be distribution amplifiers in the Media Room where other 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 to avoid 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. There will be PRIB staff to assist the reporters during the Impeachment Trial. • Due to the expected big number of media who will cover the event, print reporters 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.

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