A valid exercise of quasijudicial power requires

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Unformatted text preview: thin 10 days from submission; f. Discussion on the floor of the report; Note: If the verified complaint is filed by at least 1/3 of all its members of the House of Representatives, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. (Sec. 3 (4)Art. XI, 1987 Constitution) A vote of at least 1/3 of all the members of the House of Representatives shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the committee or override its contrary resolution. (Sec. 3 (2‐3), Art. XI. 1987 Constitution) Trial and Decision in impeachment proceedings g. 2. 140 a. b. c. The Senators take an oath or affirmation When the President of the Philippines is on trial, the Chief Justice of the SC shall preside but shall not vote. A decision of conviction must be concurred in by at least 2/3 of all the members of Senate. Note: The Senate has the sole power to try and decide all cases of impeachment. (Sec. 3(6), Art. XI, 1987 Constitution) Q: When is an impeachment deemed initiated? A: The proceeding is initiated or begins, when a verified complaint is filed and referred to the Committee on Justice for action. This is the initiating step which triggers the series of step that follow. The term “to initiate” refers to the filing of the impeachment complaint coupled with Congress’ taking initial action of said complaint. (Francisco v. House of Rep., G.R. No. 160261, November 10, 2003) Q: What is the salutary reason of confining only one impeachment proceeding in a year? A: Justice Azcuna stated that the purpose of the one‐year bar is two‐fold: 1. To prevent undue or too frequent harassment 2. To allow the legislature to do its principal task of legislation. (Francisco v. House of Rep., G.R. No. 160261, Nov. 10, 2003) The consideration behind the intended limitation refers to the element of time, and not the number of complaints. The impeachable officer should defend himself in only one impeachment proceeding, so that he will not be precluded from perf...
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This document was uploaded on 03/12/2014.

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