As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked by the party to initiate the moves to impeach the President because he entered into an executive agreement with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e., without need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing harmonious RP-US relations.
Cite at least two (2) grounds for impeachment and explain why you chose them. (6%)
Suggested answer only. Not an official answer and not legal advice.
I would choose culpable violation of the Constitution and betrayal of public trust as grounds for impeachment.
Under Article XVIII, Section 25 of the Constitution and Bayan vs Zamora, foreign military facilities require a treaty concurred in by the Senate. Under Article XI, Section 2, culpable violation of the Constitution and betrayal of public trust are impeachable grounds.
Here, the President allowed foreign military use of Subic Base via an executive agreement without Senate concurrence. Circumventing the treaty requirement deliberately violates the Constitution and breaches his oath to preserve and defend it.
Therefore, the President may be impeached for culpable violation of the Constitution and betrayal of public trust.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article XVIII, Section 25 of the 1987 Constitution, what is required to allow foreign military bases or facilities in the Philippines?
Foreign military bases or facilities require a formal treaty concurred in by the Senate under Section 25, Article XVIII.
Under Article XI, Section 2 of the Constitution, which of the following is an express ground for impeachment?
Culpable violation of the Constitution is an explicitly listed ground for impeachment under Article XI, Section 2.
What constitutes 'culpable violation of the Constitution' as a ground for impeachment?
Culpable violation requires a willful, intentional, and deliberate disregard of constitutional provisions.
In Bayan v. Zamora, how does the Constitution treat executive agreements regarding foreign military troops or facilities?
Executive agreements cannot bypass the mandatory requirement of a treaty concurred in by the Senate for foreign military facilities.
Which impeachable ground encompasses acts that grossly violate the oath of office or betray public confidence in governance?
Betrayal of public trust covers acts that violate the oath of office or undermine public trust in government.
Learn more about these topics
1. Foreign Military Bases
Under Article XVIII, Section 25 of the 1987 Philippine Constitution and Bayan v. Zamora, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate. An executive agreement entered into by the President allowing foreign military forces to use domestic military facilities circumventing the treaty requirement is unconstitutional. Because the Constitution explicitly mandates Senate concurrence for foreign military presence, bypassing Congress through an executive agreement violates fundamental constitutional prohibitions governing national sovereignty and foreign military agreements.
2. Impeachment Grounds
Under Article XI, Section 2 of the 1987 Constitution, the President may be impeached for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. Culpable violation implies a willful and deliberate breach of the Constitution rather than an honest error of judgment. Betrayal of public trust encompasses acts that grossly violate the oath of office or undermine public confidence. Allowing foreign military forces free use of naval facilities via an executive agreement constitutes both a deliberate constitutional violation and a betrayal of public trust.
3. Senate Treaty Concurrence
Article VII, Section 21 of the Constitution requires Senate concurrence for the validity of any treaty or international agreement. While the President possesses broad authority as the chief architect of foreign policy, executive power cannot bypass express constitutional limitations regarding national security and foreign military presence. Executing an executive agreement to grant foreign armed forces access to military bases without legislative participation usurps the treaty-concurring power of the Senate. This constitutional imbalance undermines legislative oversight and violates the constitutional distribution of powers in foreign relations.