Fast facts: Who can file an impeachment case?

There are three ways to file an impeachment complaint. Any private citizen can file one. In this case, the complaint has to be endorsed by at least one member of the House of Representatives to be accepted by the chamber’s secretary general.

In the past, Marcos loyalist Oliver Lozano presented some complaints without an endorser. The House considered these as mere scraps of paper.

The second method is filing by a House member. This complaint does not need any endorser.

The third is by one-third of all House members. In this case, the complaint is transmitted to the committee on justice not for hearing but for the formulation of the articles of impeachment that will be sent to the Senate for trial.

In the first and second methods, the impeachment cases also go to the justice committee for scrutiny. The committee conducts hearings and then votes on the complaint.

Once a complaint is filed, the secretary general sends it to the Speaker, who has 10 session days to include it in the chamber’s calendar of business. It shall then be referred to the justice committee within three session days.

The committee determines if the complaint is sufficient in form and substance. If it is insufficient in form, the complainant is given the chance to correct it. If it lacks substance, the committee dismisses it.

If it is sufficient in form and substance, the committee sends a copy of the complaint to the respondent so he can respond. The panel conducts further hearings where the complainant presents his case and witnesses.

The committee is given 60 session days to dispose of a complaint and submit its report to the House, which has another 60 session days to act on it.

A vote of one-third of all members is required to approve a recommendation to impeach an official. The same number of votes is needed to reverse a recommendation to dismiss.

Here is where the minority prevails. The Constitution makes it easier to impeach but harder to convict an official. While the vote of one-third of all House members sends a complaint to trial, the Senate, as an impeachment court, needs the vote of two-thirds of its members to convict.

Once the vote of one-third of all members is mustered, the House transmits the articles of impeachment to the Senate.

An official who is the subject of a complaint is immune from another impeachment for one year.