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decisions of the
Senate on
impeachment case is
a justiciable question
SUBMITTED BY: RIFFY MAE ANN D. GARADOS
JURIS DOCTOR-4A
BULACAN STATE UNIVERSITY-COLLEGE OF
LAW
POLITICAL LAW
As provided in the case of Corona vs. Senate of the Philippines, 676 SCRA 563,
”Impeachment refers to the power of Congress to remove a public official for
serious crimes or misconduct as provided in the Constitution”.
The Senate, sitting as an impeachment court, has the sole power to try and
decide all cases of impeachment.
In the case of Francisco vs. House of Representatives, one of the separate and
concurring opinion was laid down by Sandoval Gutierrez, that the instant
petition at bar present a conflict between Sections 16 and 17 of the Rules of
Procedure in Impeachment Proceedings, promulgated by the present Congress
of the Philippines, and Section 3(5), Article XI of the Constitution. Obviously,
this is a justiciable issue.
Therefore, the judgment of the Senate is a political decision which may not be
reviewed by the courts.
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