Qwhatisthedistinctionbetweenthetwo a there is no

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Unformatted text preview: . Culpable violation of the 2. Treason 3. Bribery 4. Other high crimes 5. Betrayal of public trust (Sec. 2, Art. XI, 1987 Constitution) Q: What is Culpable Violation of the Constitution? A: Culpable violation of the Constitution is wrongful, intentional or willful disregard or flouting of the fundamental law. Obviously, the act must be deliberate and motivated by bad faith to constitute a ground for impeachment. Mere mistakes in the proper construction of the Constitution, on which students of law may sincerely differ, cannot be considered a valid ground for impeachment. (Cruz, Isagani. Philippine Political Law) Q: What is Betrayal of Public Trust? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 139 UST GOLDEN NOTES 2011 A: The 1987 Constitution has added “betrayal of public trust,” which means any form of violation of the oath of office even if such violation may not be criminally punishable offense. (Bernas, Bernas Primer, 2006 ed.) This is a catch‐all to cover all manner of offenses unbecoming a public functionary but not punishable by the criminal statutes, like “inexcusable negligence of duty, tyrannical abuse of authority, breach of official duty by malfeasance or misfeasance, cronyism, favoritism, obstruction of justice. (Cruz, Isagani. Philippine Political Law) Q: What are the steps in the impeachment process? A: 1. Initiating impeachment case a. Verified complaint filed by any member of the House of Representatives or any citizen upon resolution of endorsement by any member thereof. b. Included in the order of business within 10 session days. c. Referred to the proper committee within 3 session days from its inclusion. d. The committee, after hearing, and by majority vote of all its members, shall submit its report to the House of Representatives together with the corresponding resolution. e. Placing on calendar the Committee resolution wi...
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This document was uploaded on 03/12/2014.

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