Focus on the six grounds for impeachment

The House has only four Articles of Impeachment against the Vice President. But there are actually six grounds under Article XI, Section 2 to and these include culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes and betrayal of public trust. Anything not included is deemed excluded.

Violation of the Constitution should be willful, deliberate, intentional, and wrongful breach and not merely a simple error in judgment, or simple and honest mistake or a reckless oversight which was done in good faith. The impeachable official should have an evident premeditation. When one is a lawyer, he or she should be presumed to be well-informed of the nuances of the fundamental law.

Treason is defined under the Revised Penal Code as a felony committed by any Filipino who levies war against the country or adheres to its enemies giving them aid and comfort within the Philippines or even outside its territories. According to the Supreme Court, treason is a breach of allegiance to the Philippine government, defined under Article 114 of the Penal Code, as a war crime and can be committed only during a time of war involving the Philippines. It does not include being pro-China on the issue of the West Philippine Sea.

There are two kinds of Bribery in the Revised Penal Code: Direct Bribery is committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift, or present received by such officer, personally or through the mediation of another. Indirect Bribery is committed by any public officer who shall accept gifts offered to him by reason of his office.

Other high crimes include serious actions that harm the country or jeopardize the operations of the government. This term is so wide that it may cause serious debates on its scope and limits. Betrayal of public trust is a broad term that may embrace all acts that undermine the integrity of public office. One has to consult the deliberations of the 1987 Concon to understand the intent of the framers who added this ground in order to cover much malfeasances as to include tyrannical abuse of power, cronyism and other excesses in the exercise of power.

The term "graft and corruption" as a ground for impeachment, is understood to mean a violation of RA 3019, or the Anti-Graft and Corrupt Practices Act. It includes situations when a public official acquires money or property that exceeds his legal income or money derived from legitimate sources. When he is holding public office, he is not supposed to engage in business or profession. He cannot be a part of a law firm or a director of a private company

One such act is persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense

Another is directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law. Likewise included is accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination

Also considered as graft is causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

There are many others, but for lack of space, I consider this very important: causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

It is my humble submission that the House is right. There is enough probable cause to charge the vice president of some of the above grounds for impeachment. I do not want to prejudge or jump the gun on the Senate but if only the senators will focus only on the evidence on the merit, above partisan lines, there is a strong likelihood of 16 or more votes for conviction.