Impeachment by appointment? How the House turned a constitutional process into a selective one

PoliticsOpinion
24 Jan 2026 • 12:04 AM MYT
The Manila Times
The Manila Times

One of the longest-running English broadsheets in the Philippines

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IF impeachment in the Philippines can be stalled because the secretary-general is abroad, then let us be honest with ourselves: impeachment is no longer a constitutional remedy or a process. It has become a curated experience, a selective process, available only when politically convenient, administratively permitted and a safeguard to the one in the helm of power. This is not a minor procedural hiccup. It is a warning sign — a loud one.

What unfolded with the second and third impeachment complaints against President Ferdinand Marcos Jr. exposes a deeper, more corrosive problem: the quiet transformation of constitutional accountability into bureaucratic discretion.

Constitution says ‘file;’ House says ‘maybe’

Article XI of the 1987 Philippine Constitution is intentionally clear and permissive. Any citizen may file an impeachment complaint against impeachable officials, provided it is endorsed by a member of the House of Representatives. The framers did not design impeachment as a privilege to be granted by leadership, nor as a matter under the discretion of the House secretary-general. They designed it as a right of access, a first step that allows accountability mechanisms to begin.

Crucially, the Constitution does not say: the Speaker must approve the filing, the House leadership must be comfortable with the timing, or that a specific official must be physically present to receive the document. The logic is simple: filing is ministerial; evaluation is political. You let complaints in first, then you debate, assess and vote them down if they lack merit.

But what did the House do? It refused to accept the second and third impeachment complaints, those raising politically explosive issues, such as budgetary manipulation, massive corruption in government, the president’s alleged drug addiction and the flood control project mess on the grounds that the secretary-general was not available and out of the country. Not necessarily unwilling. Not refusing on substance. Simply... not around.

Government by attendance sheet

Let us pause and appreciate the absurdity. The House rules state that impeachment complaints are filed with the Office of the Secretary General (OSG). An office, not a person. The OSG is a permanent institutional body with staff, records and continuing functions. It does not go on leave. It does not travel. It does not attend award ceremonies.

And yet, the House behaved as if impeachment complaints must be hand-delivered to the secretary-general personally, like a bouquet requiring a signature. Following this logic, by all means, courts should stop accepting pleadings when clerks go on vacation, the Commission on Elections should suspend filings when its commissioners are abroad, and Congress itself should shut down whenever leadership attends an overseas seminar or conference. True or false?

This House episode is an epitome of government by attendance sheet, where constitutional processes depend not on law, but on who is physically present and politically aligned. This is not a procedure; this is an obstruction wearing a name tag.

The weaponized calendar, one-year trap

Now, let us address the part no one in power wants to talk about. The Constitution limits impeachment proceedings against the same official to once a year. This safeguard was meant to prevent harassment. In practice, it has become a shield, one that can be activated by allowing a weak complaint to move first while blocking stronger ones.

This is why the first impeachment complaint is being described as an “inoculation.” You do not need it to succeed. You merely need it to be recognized as “initiated.” Once that happens, the clock starts, and more serious complaints are locked out.

Seen in this light, the refusal to accept the second and third complaints is not neutral. It is strategic.

The House did not say, “These allegations are false.” It said: We will not even allow them to exist procedurally. That difference is everything. A confident legislature debates, investigates and votes down allegations. A defensive legislature blocks the door and cites office hours.

What this says about the House

This episode reveals a House that is deeply procedure-selective, highly risk-averse to substantive scrutiny and increasingly comfortable using technicalities to avoid accountability. The House is no longer functioning as the people’s chamber in moments of constitutional stress. It is acting as a buffer zone, absorbing pressure, redirecting outrage and protecting the executive through delay, ambiguity and silence. This is not how checks and balances are supposed to work. Checks and balances, as enshrined in the Constitution, require friction, debate, discomfort and exposure. What we are seeing instead is administrative insulation.

What does this imply for Marcos? Politically, this arrangement benefits him, whether he personally orchestrated it or not. The signal being sent is unmistakable: you may accuse the president, but only when the House allows it. You may invoke the Constitution, but only if it aligns with leadership convenience. You may file an impeachment case, but do not expect it to be received.

This creates a presidency that is formally impeachable but practically insulated. That is not an institutional strength. It is a managed vulnerability. The kind that relies not on public confidence, but on procedural shields. Ironically, it suggests anxiety rather than confidence: an administration that prefers bureaucratic barricades to open confrontation.

Democracy reduced to permission, discretion

Here is where the implications turn truly dangerous. Democracy is not only about elections. It is about access to institutions, predictable rules and good-faith enforcement of procedures, especially when power is being questioned.

When impeachment filings can be blocked because the so-called receiving official is traveling, the timing is inconvenient, or the allegations are politically explosive, then democracy quietly degrades into discretion-permission-based governance. You still have rights on paper; you just need approval to exercise them. This is not authoritarianism with tanks. This is authoritarianism with schedules, memos and plausible deniability.

What’s the precedent we are normalizing here, then? The most alarming aspect of this episode is not today’s outcome, but tomorrow’s precedent. If the House can refuse to hear impeachment filings today because the secretary-general is abroad, this discretion supplants duty; the Constitution remains visible, but no longer sovereign. It becomes something to quote, not something to obey. This is a dangerous precedent.

Conclusion

Is our Constitution on mute? If impeachment can be delayed by travel schedules, then impeachment is no longer a constitutional safeguard. It is a “made-to-order process,” staged and timed by those in power. And when accountability depends not on law, but on logistics and loyalty, the Constitution may still exist, but it is no longer in charge. It has been reduced to decor.

That should worry every Filipino, regardless of political leanings and affiliations, because a system where rules bend for power does not collapse overnight. It erodes quietly, procedurally and with impeccable paperwork. And by the time people realize the Constitution has been sidelined, it is usually still there, beautifully and eloquently intact, but completely ignored and disrespected.