Two impeachment complaints against President Ferdinand Marcos Jr. have been referred to the House of Representativesโ committee on justice โ a procedural move that has major legal consequences, including the activation of the Constitutionโs one-year ban on impeachment.
Hereโs what you need to know.
What happened?
On Monday, the House of Representatives referred two impeachment complaints against President Marcos to the committee on justice during a plenary session presided over by Deputy Speaker Yevgeny Emano.
The complaints were filed separately by:
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Lawyer Andre de Jesus, and
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The Makabayan coalition
Their referral means the impeachment process has formally begun at the committee level.
Why is this referral significant?
Under the 1987 Constitution, impeachment proceedings cannot be initiated against the same official more than once within a one-year period.
Once impeachment complaints are transmitted to the Office of the House Speaker and referred to the committee on justice, the one-year ban is triggered. This means no other impeachment complaint can be filed against President Marcos for the next year, regardless of its merits.
Why was Makabayan worried earlier?
Makabayan earlier feared that its impeachment complaint might not be included in the referrals, which would have meant that only de Jesusโ complaint would trigger the one-year ban.
Had that happened, Makabayanโs case could have been blocked from consideration entirely for a year. That concern was eased when both complaints were referred together.
Makabayan refiled its complaint on Monday morning after it was not accepted last week due to the absence of House Secretary General Cheloy Garafil.
What do House rules say about impeachment?
Under House rules adopted by the 19th Congress and retained by the 20th:
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The Speakerโs role
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A verified impeachment complaint must be included in the Order of Business within 10 session days from receipt.
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It must then be referred to the committee on justice within 3 session days.
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Committee on justice review
The committee reviews complaints in two stages:
First: Sufficiency in form
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If insufficient, the complaint is returned to the Secretary General with a written explanation.
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The Secretary General must then return it to the complainant.
Second: Sufficiency in substance
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A complaint is sufficient if it states facts constituting the offense and establishes the committeeโs jurisdiction.
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If insufficient, the complaint is dismissed.
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If sufficient in both form and substance
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The respondent is formally notified.
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The respondent has 10 days to file an answer.
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What is Andre de Jesus accusing Marcos of?
De Jesus filed the first impeachment complaint on January 19, citing six grounds that he claims amount to culpable violation of the Constitution, graft and corruption, and betrayal of public trust:
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Allegedly ordering and enabling the arrest and surrender of former president Rodrigo Duterte to the International Criminal Court (ICC)
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Allegedly being a drug user, impairing his judgment and leadership
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Alleged failure to veto unprogrammed appropriations and unconstitutional provisions in the General Appropriations Acts from 2023 to 2026
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Allegedly benefiting from kickbacks linked to budget insertions and so-called ghost flood control projects
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Allegedly creating the Independent Commission for Infrastructure to protect corrupt allies
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Allegedly violating the Constitution and betraying public trust by surrendering Duterte to the ICC
How are lawmakers reacting?
Several lawmakers have described the de Jesus complaint as weak.
Caloocan Representative Edgar Erice said the complaint could โeasily be dismissedโ for lack of form and substance. He said only the issue of unprogrammed appropriations โ particularly its alleged link to infrastructure corruption โ deserves closer scrutiny.
Erice also noted that the complaintโs lack of supporting documents could be fatal, pointing out that it runs only 15 pages.
What is Makabayanโs complaint about?
Makabayanโs impeachment complaint focuses on the alleged existence of the โBBM Parametric Formula,โ a policy attributed to the Department of Public Works and Highways (DPWH).
The formula stands for โBaselined-Balanced-Managedโ โ and notably mirrors President Marcosโ initials through his nickname, Bongbong.
According to Makabayan, the formula was used to justify presidential and congressional infrastructure allocations in the national budget and allegedly served as the basis for kickbacks or pre-arranged commitments tied to public works projects.
What happens next?
The committee on justice will now determine:
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Whether the complaints are sufficient in form
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Whether they are sufficient in substance
Only if at least one complaint passes both tests will the impeachment process move forward. Otherwise, the cases could be dismissed โ with the one-year impeachment ban already in effect.
This explainer will be updated as the House committee on justice acts on the complaints.
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