Ten Tips for Passing the Bar Exam (Especially if You Didn’t the Last Time)

10. If this isn't your first exam, that failed bar exam is history. Do what you can to put it in your past. We law school grads aren’t used to failure and it surprises, hurts, and shames us. Even if our friends say “hey, it was just a test”, we ‘know’ that it was a reflection of our worth on the planet. Okay, so we know that’s not really true but our gut may say something different. Some famous, very successful lawyers didn't make it the first time and they recovered. Recognize success where you have it in your life. Get therapy to heal if you need it. But don’t take that last bar exam into the new one with you. It is a whole new test and this time, you’re going to pass!

1. Don’t over-study. Yes, I know that law students think this is impossible but it is important that you don’t wear yourself out and confuse yourself before the bar exam.

If you go into the Bar Exam worn out, you won’t operate at your peak. It is more important to be fresh and rested, able to access what you do know, than to know one more piece of data.

They say that there are three levels of knowledge. In the first level, you have a superficial sense of a topic but not an in-depth knowledge.

That in-depth knowledge is what law professors have and then only about one subject. They can distinguish the fine points and they know why they were decided a particular way. Level 3 knowledge is unattainable for the number of subjects on the Bar Exam. So that leaves Level 2 knowledge. In Level 2, you know just enough to be dangerous. You know there are fine points but you can’t distinguish them so you get confused. And the readers of the exam probably won’t appreciate those fine points even if you spot them since they’re lawyers not law professors. So, contrary to popular opinion, according to the criminal law lecturer and my own experience, your goal is Level 1 superficial knowledge of every subject.


2. Create a schedule and write it down. If you have a written schedule, you can “be here now” with your studying. If you are scheduled to work on Criminal Law on Monday, you can really focus on Criminal Law on Monday, knowing that Torts is scheduled for next Thursday. Without a firm schedule, you may be distracted with worrying about what you haven’t done or afraid you won’t get to everything. The schedule assures you that you will get to it all in its own good time.

Set aside a reasonable amount of time for each subject. Schedule your hardest subject and those you didn't take (like Secured Transactions and Negotiable Instruments) for the dates closest to the exam. Study your best subjects first. If you took a subject in law school and did well, a refresher reading of the subject may be enough. If you didn’t take a class in law school, try to spend a little extra time with it. If you allot two days to Civil Procedure, don’t get bogged down in long-arm jurisdiction for an entire day. Yes, it is endless and some law professors have made that topic their life work. They won’t be reading your exam and the fine points will be lost on the practicing lawyers who are.

Follow your schedule but don’t make yourself crazy. Be realistic. If you are working and studying, it is unrealistic to think you’ll work a twelve-hour day and then come home and study for six hours. You may be tempted to schedule yourself during a holiday weekend but you’re unlikely to actually study and more likely to feel guilty and perhaps even panicked about missing that study time.


If possible, plan to finish your studying by the last week before the bar exam. Use those last few days to do quick refreshers, read over your notes, get extra sleep, walk in the woods.


3. Try to apply unfamiliar topics to life experience. Often the bar review course is our first introduction to some subjects. Try applying your life experiences to some of the more obscure topics. Secured Transactions? Have you ever financed a car? Negotiable Instruments? Look at your checkbook. Make up your own hypotheticals to help you remember the basics of each of those subjects. Remember, a superficial knowledge should be sufficient. Spend your energy on raising your scores on subjects you really do know.


4. Know your own studying style. I like to study in a noisy café with lots of interruptions. I believe I’m in the minority there but it has worked well in the past. In fact, the one bar exam that I didn’t pass (of the 4 I’ve taken), I had peace and quiet to study for a couple of weeks. I usually spend all my time creating an outline but never have time to review it. Somehow, the act of writing down the info with a pen in a notebook is enough for me to remember it. (It doesn’t seem to work as well if I type it.) I’ve known other people who feel the need to pour over their outlines for days, remembering all the elements of a robbery, using memory tools. Once I get the big picture, the details make sense. Some people need the details to build the big picture.

How did you study best in law school? That is a good indicator of how you should study for the bar. Do you have the long attention span of someone who can study for twelve hours straight and still retain information? Or are you better off with a schedule that has you study an hour and then take an hour off?


5. Focus on your strengths. Reviewing your old law school or failed bar exams from past attempts makes some sense but focus on what you did right rather than obsessing about what you didn’t. Look at your BEST answers and analyze what worked. Then do more of that! It is my experience that often folks knew the material but just didn’t get it down on paper. They got side-tracked or in a hurry and missed some important fact.


6. Earn points for what you don’t know! On the exam, don’t be afraid to spot issues even when you don’t know why it is significant. You’ll get points for recognizing the issue. A friend of mine was a practicing prosecutor in Florida and took the NC bar knowing nothing about Corporations. Of course, there was a Corporations question. On the Corp question which asked how he would advise his client, he said something to this effect: “I’d make sure my client had a cup of coffee and I’d excuse myself for a few moments to do some research. I’d go down the hall, pull Chapter (is it 55?) off the shelf and I’d turn to the chapter on minority stockholder rights…..” In his answer, he showed that he knew the issues, didn’t know the law and did know that he needed to look it up. He passed the exam. There was a question on the North Carolina bar that so mystified me that I can't tell you what subject it was about. I wrote it as a Civil Procedure question. I passed.


When I get a hypothetical scenario, I go through and circle the facts that I think raise issues. Before I leave that question, I make sure I’ve mentioned each of them. Yes, some are red herrings and luckily I’ve been able to recognize those. But I’m sure that mentioning that I considered the red herring and why it wasn’t relevant has gotten me points on some questions.


7. Take care of your health. In law school, a night of studying meant getting tanked up on sugar and caffeine. If I didn’t have it in the house, Charley’s delivered until 2 a.m. I’d order a pizza and two 32 oz. cherry cokes, my drug of choice. My law school years were not my healthiest years. If you’ve been abusing your body with caffeine (and alcohol) all through law school, try to regain your sanity before you start studying for the bar. Most experts advise a six-week study period for the bar exam. In law school, the pre-exam study period was only a week or so and you could get away with a lot. Studying for exams was like running a 100-yard dash every day or two. The bar exam is the marathon. Eat well, exercise, get enough sleep in the weeks before the bar. And, yes, take your vitamins and your Echinacea. Especially as you get closer to the exam, avoid sick people if you can. I know people who have passed the bar exam while having the flu but you don't need to prove yourself that way!


On the day before the exam, schedule a massage, do some yoga, and eat foods that are especially good for you. Get a good night’s sleep. Stock up on some healthy snacks and take them with you to the exam. If you want chocolate or junk food, eat them on Day Two. (Caveat: if you don’t clean up your diet and lifestyle before the exam, don’t try to clean it up at the exam. The last thing you need is a caffeine headache or to be withdrawing from junk food.)


8. Talk to friends and family before you get crazy. And, you will probably get crazy and melt down in your own special way, more than once. If you haven’t taken a bar exam, you have no idea how stressful it can be. The pressure to succeed and the fear of failure can be overwhelming. Your family, your spouse, your non-legal friends (if you still have any after law school), won’t understand. Try to prepare them before you get crazy. Apologize in advance. Ask their indulgence. Significant others should expect to be ignored. Promise to make it up to them. Schedule a vacation with them after the exam. If you have children, do your best to find ways to entertain them away from your craziness. When I took the North Carolina bar, I was a single parent with a 10 year old at home. For the weeks leading up to the bar, my wonderful community created a calendar of events for her. Every Tuesday for six weeks, she went swimming at the Y with Andy and Vicky. On Wednesdays, Zemo picked her up and took her for a ride in his red Miata. She went out for pizza at the mall. She visited with her friends John and Hannah. Each day was a new fun activity. Not only did she not feel neglected, she was disappointed when the bar exam was over and she was stuck with Mom. I was able to concentrate on studying and she wasn’t around for my meltdowns.


9. Make your life easy during the week of the bar exam. On the way to the Florida bar exam, I was rear-ended at a railroad crossing. Luckily I had allowed an extra day to travel to Tampa for the exam. Can you imagine how stressful it might have been if I’d been driving there on the morning of the exam? If you can stay in a hotel or with a friend near the site of the test, do it. My favorite bar exam experience was the North Carolina Bar. A friend who lived in Raleigh invited me to stay at her house which was very close to the site. She volunteered to drive me to the test site and pick me up each day. She made sure I got up on time. She fed me breakfast and made sure I had snacks. She didn’t expect me to converse with her and left me alone in the evenings. It was heavenly. If you don’t have a guardian angel in the town where the exam is given, try to at least get a hotel room.

THEFT

Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;

2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products.


Art. 309. Penalties. — Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property stolen is over 50 pesos but does not exceed 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.


Art. 310. Qualified theft. — The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).


Art. 311. Theft of the property of the National Library and National Museum. — If the property stolen be any property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which case, the offender shall be punished by such higher penalty.



Theft is committed by any person who, with intent to gain, but without violence against, or intimidation of neither persons nor force upon things, shall take the personal property of another without the latter’s consent. If committed with grave abuse of confidence, the crime of theft becomes qualified. In précis, qualified theft punishable under Article 310 in relation to Articles 308 and 309 of the Revised Penal Code (RPC) is committed when the following elements are present:

1. Taking of personal property;

2. That the said property belongs to another;

3. That the said taking be done with intent to gain;

4. That it be done without the owner’s consent;

5. That it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and

6. That it be done with grave abuse of confidence.

Rules of Procedure on Impeachment Trials (Senate Resolution No. 39, March 23, 2011)

Republic of the Philippines
Congress of thje Philippines
Senate
Pasay City

Fifteenth Congress
First Regular Session

RESOLUTION NO. 39
RESOLUTION ADOPTING THE RULES OF PROCEDURE ON IMPEACHMENT TRIALS

Resolved by the Senate, To adopt, as it hereby adopts, the following:

RULES OF PROCEDURE ON IMPEACHMENT TRIALS

I. When the Senate receives articles of impeachment pursuant to Article XI, Sections 2 and 3 of the Constitution, the President of the Senate shall inform the House of Representatives that the Senate shall take proper order on the subject of impeachment and shall be ready to receive the prosecutors on such time and date as the Senate may specify.

II. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside but shall not vote. Notice shall be given to him by the President of the Senate of the time and place fixed for the consideration of the articles of impeachment, with a request to attend. The Chief Justice shall be administered the oath or affirmation, prescribed under these Rules, by the President of the Senate and shall preside over the Senate during the consideration of said articles and upon the trial of the person impeached.

The President of the Senate shall preside in all other cases of impeachment and, for that purpose, placed under the prescribed oath or affirmation by any person authorized by law to administer an oath.

Before proceeding to the consideration of the articles of impeachment, the Presiding Officer shall administer the prescribed oath or affirmation to the Members of the Senate then present and to the other Members of the Senate as they shall appear, whose duty it shall be to take the same.

Upon presentation of the articles to the Senate, the Senate shall specify the date and time for the consideration of such articles. Unless the Senate provides otherwise, it shall continue in session from day to day (except Saturdays, Sundays, and nonworking holidays) until final judgment shall be rendered, and so much longer as may, in its judgment, be necessary.

Senators shall observe political neutrality during the course of the impeachment trial. “Political neutrality” shall be defined as exercise of public official’s duty without unfair discrimination and regardless of party affiliation or preference.

IV. The Presiding Officer shall have the power to make and issue, by himself or by the Secretary of the Senate, all orders, mandates, and writs authorized by these Rules or by the Senate, and to make and enforce such other regulations and orders in the premises as the Senate may authorize or provide.

V. The Senate shall have power to compel the attendance of witnesses, to enforce obedience to its orders, mandates, writs, and judgments, to preserve order, and to punish in a summary way contempts of, and disobedience to, its authority, orders, mandates, writs, or judgments, and to make all lawful orders, rules, and regulations which it may deem essential or conducive to the ends of justice. And the Sergeant-at-Arms of the Senate, under the direction of the President of the Senate, may employ such aid and assistance as may be necessary to enforce, execute, and carry into effect the lawful orders, mandates, and writs of the Senate.

VI. The President of the Senate or the Chief Justice when presiding on the trial may rule on all questions of evidence including, but not limited to, questions of materiality, relevancy, competency or admissibility of evidence and incidental questions, which ruling shall stand as the judgment of the Senate, unless a Member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision after one contrary view is expressed; or the Presiding Officer may at his/her option, in the first instance, submit any such question to a vote of the Members of the Senate. The motion for a vote and the contrary opinion shall not take more than two (2) minutes each, with a one minute rebuttal allowed for the proponent of the motion. The provisions of the Rules of the Senate and the revised Rules of Court shall apply suppletorily whenever applicable.

VII. Upon the presentation of articles of impeachment and the organization of the Senate as hereinbefore provided, a writ of summons shall be issued to the person impeached, reciting or incorporating said articles, and notifying him/her to appear before the Senate upon a day and at a place to be fixed by the Senate and named in such writ, and to file his/her Answer to said articles of impeachment within a non-extendible period of ten (10) days from receipt thereof; to which the prosecutors may Reply within a non-extendible period of five (5) days therefrom; and to stand to and abide by the orders and judgments of the Senate.

Such writ shall be served by such officer or person named in the order thereof, not later than three (3) days prior to the day fixed for such appearance of the person impeached, either by the delivery of an attested copy thereof to the person impeached, or if personal service cannot be done, service of the writ may be made by leaving a copy with a person of sufficient age and discretion at his/her last known address or at his/her office or place of business; and if the service of such writ shall fail the proceedings shall not thereby abate, but further service may be made in such manner as the Senate shall direct. If the person impeached, after service, shall fail to appear, either in person or by counsel, on the day so fixed or, appearing, shall fail to file his answer to such articles of impeachment, the trial shall proceed nevertheless as upon a plea of not guilty. If a plea of guilty shall be entered, judgment may be entered thereon without further proceedings.

VIII. At the date and time designated by the Senate for the return of the summons against the person impeached, the Secretary of the Senate shall administer the following oath or affirmation to the returning officer: “I, ____________________, do solemnly swear (or affirm) that the return made by me upon the process issued on the day of , by the Senate of the Philippines, against was truly made, and that I have performed such service as therein described: (So help me God).” Which oath or affirmation shall be entered at large on the records.

IX. The person impeached shall then be called to appear and answer the articles of impeachment against him/her. If he/she appears, or any person for him/her, the appearance shall be recorded, stating particularly if by himself/herself, or by agent or counsel, naming the person appearing and the capacity in which he/she appears. If he/she does not appear, either personally or by agent or counsel, the same shall be recorded.

X. At 2 o’clock in the afternoon, or at such other hour as the Senate may order, of the day appointed for the trial of an impeachment, the legislative business of the Senate, if there be any, shall be suspended, and the Secretary of the Senate shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment trial of _____________________, in the Senate Chamber.

XI. Unless otherwise fixed by the Senate, the hour of the day at which the Senate shall sit upon the trial of an impeachment shall be 2 o’clock in the afternoon; and when the hour shall arrive, the Presiding Officer upon such trial shall cause proclamation to be made, and the business of the trial shall proceed. The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate as a legislative body.

XII. The Secretary of the Senate shall record the proceedings in cases of impeachment as in the case of legislative proceedings, and the same shall be reported in the same manner as the legislative proceedings of the Senate.

XIII. Counsel for the parties shall be admitted to appear and be heard upon an impeachment:Provided, That counsel for the prosecutors shall be under the control and supervision of the panel of prosecutors of the House of Representatives.

XIV. All motions, objections, requests, or applications whether relating to the procedure of the Senate or relating immediately to the trial (including questions with respect to admission of evidence or other questions arising during the trial) made by the parties or their counsel shall be addressed to the Presiding Officer only, and if he, or any Senator, shall require it, they shall be committed to writing, and read at the Secretary’s table.

XV. Witnesses shall be examined by one person on behalf of the party producing them, and then cross-examined by one person on the other side.

XVI. If a Senator is called as a witness, he/she shall be sworn, and give his/her testimony standing in his/her place.

XVII. If a Senator wishes to put a question to a witness, he/she shall do so within two (2) minutes. A Senator may likewise put a question to a prosecutor or counsel. He/she may also offer a motion or order, in writing, which shall be submitted to the Presiding Officer.

XVIII. At all times while the Senate is sitting upon the trial of an impeachment the doors of the Senate shall be open to the public. Silence shall be observed by the visitors at all times, on pain of eviction from the trial venue.

The Presiding Officer and the Members of the Senate shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial.

The same shall likewise apply to the prosecutors, to the person impeached, and to their respective counsel and witnesses.

XIX. All preliminary or interlocutory questions, and all motions, shall be argued for not exceeding one hour on each side, unless the Senate otherwise orders.

XX. The case, on each side, shall be opened by one person. The final argument on the merits may be made by two (2) persons on each side (unless otherwise ordered by the Senate upon application for that purpose), and the argument shall be opened and closed on the part of the House of Representatives.

XXI. The trial of all the articles of impeachment shall be completed before the Senators vote on the final question on whether or not the impeachment is sustained. On the final question whether the impeachment is sustained, the vote shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of all the Members, a judgment of acquittal shall be entered; but if the person impeached in such articles of impeachment shall be convicted upon any of said articles by the votes of two-thirds of all the Members, the Senate shall proceed to pronounce judgment of conviction, and a certified copy of such judgment shall be deposited in the Office of the Secretary of the Senate. A motion to reconsider the vote by which any article of impeachment is sustained or rejected shall not be in order.

Form of putting the question on each article of impeachment.

The Presiding Officer shall first state the question. Thereafter, each Senator, as his/her name is called, shall rise in his/her place and answer: guilty or not guilty. The vote of the President of the Senate on each article of impeachment, when acting as the presiding officer, shall be last taken after all the Senators have stated their votes. If he/she so wishes, a Senator may explain his/her vote for not more than two (2) minutes.

XXII. All the orders and decisions may be acted upon without objection, or, if objection is heard, the orders and decisions shall be voted on without debate by yeas and nays, which shall be entered on the record, subject, however, to the operation of Rule VI, and in that case no Member shall speak more than once on one question, and for not more than ten (10) minutes on an interlocutory question, and for not more than fifteen (15) minutes on the final question, unless by consent of the Senate, to be had without debate; but a motion to adjourn may be decided without the yeas and nays, unless they be demanded by one-fifth of the Members present. The fifteen minutes herein allowed shall be for the whole deliberation on the final question, and not on the final question on each article of impeachment.

XXIII. Witnesses shall be sworn in the following form: “You ____________________, do swear (or affirm, as the case may be) that the evidence you shall give in the case now pending between the Philippines and ____________________, shall be the truth, the whole truth, and nothing but the truth: (so help you God).”

Which oath or affirmation shall be administered by the Secretary of the Senate, or any other duly authorized person.

Form of a subpoena to be issued on the application of the prosecutors of the impeachment, or of the party impeached, or of his/her counsel.

To ____________________,

Greetings:

You are hereby commanded to appear before the Senate of the Philippines, on the day of
____________________ , at the Senate Chamber in ____________________, then and there to testify your knowledge in the case which is before the Senate in which the House of Representatives has impeached ____________________ , and to bring with you the following ____________________, it being necessary to use the same as testimony.

Fail not.

Witness ____________________, and Presiding Officer of the said Senate at ____________________, Philippines, this day of ____________________, in the year of our Lord .

Presiding Officer of the Senate

Form of direction for the service of said subpoena.

The Senate of the Philippines )

To ____________________,

Greetings:

You are hereby commanded to serve and return the within subpoena according to law. Dated at ____________________ , this day of ____________________, in the year of our Lord ____________________.

Secretary of the Senate

Form of oath to be administered to the Members of the Senate and the Presiding Officer sitting in the trial of impeachments.

“I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of ____________________, now pending, I will do impartial justice according to the Constitution and laws of the Philippines: (So help me God).”

Form of summons to be issued and served upon the person impeached.

REPUBLIC OF THE PHILIPPINES ) S.S.
The Senate of the Philippines )

To ____________________,

Greetings:

Whereas the House of Representatives of the Philippines did, on the day of ____________________, present to the Senate articles of impeachment against you, the said ____________________, in the words following:

[Here insert the articles]

And demand that you, the said ____________________, should be put to answer the accusations as set forth in said articles, and that such proceedings, examinations, trials, and judgments might be thereupon had as are agreeable to law and justice.

You, the said ____________________, are therefore hereby summoned to be and appear before the Senate of the Philippines, at their Chamber in ____________________, on the ____________________ day of
____________________, at o’clock , then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Senate of the Philippines shall make in the premises according to the Constitution and laws of the Philippines.

Hereof you are not to fail.

Witness ____________________, and Presiding Officer of the said Senate at ____________________, Philippines, this day of ____________________, in the year of our Lord .

Presiding Officer of the Senate

Form of Order to be indorsed on said writ of summons.

REPUBLIC OF THE PHILIPPINES ) S.S.
The Senate of the Philippines )

Greetings:

You are hereby commanded to deliver to and leave with ____________________, if conveniently to be found, or if not, to leave at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this order; and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in the said writ of summons.

Fail not, and make return of this writ of summons and order, with your proceedings thereon endorsed, on or before the appearance day mentioned in the said writ of summons.

Witness ____________________, and Presiding Officer of the said Senate at ____________________, this _____________________ day of ____________________, in the year of our Lord ____________________.

Presiding Officer of the Senate

All process shall be served by the Sergeant-at-Arms of the Senate, unless otherwise ordered by the Senate.

XXIV. If the Senate shall, at any time, fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration.

XXV. These Rules shall take effect immediately upon publication in two (2) newspapers of general circulation and shall remain in force until amended or repealed. A copy of these Rules shall be posted on the official website of the Senate of the Philippines.

Adopted, March 23, 2011.

Rules of Procedure in Impeachment Proceedings (House of Representatives)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

13th CONGRESS

RULES OF PROCEDURE IN IMPEACHMENT PROCEEDINGS

RULE I
APPLICABILITY OF RULES

Section 1. Applicability of Rules. – These Rules shall apply to all proceedings for impeachment in the House of Representatives against the President, Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions and the Ombudsman for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust.

RULE II
INITIATING IMPEACHMENT

Section 2. Mode of Initiating Impeachment. – Impeachment shall be initiated by the filing and subsequent referral to the Committee on Justice of:^[[*]]

(a) a verified complaint for impeachment filed by any Member of the House of Representatives or;

(b) a verified complaint filed by any citizen upon a resolution of endorsement by any Member thereof; or

(c) a verified complaint or resolution of impeachment filed by at least one-third (1/3) of all the Members of the House.

Section 3. Filing and Referral of Verified Complaints. – A verified complaint for impeachment by a Member of the House or by any citizen upon a resolution of endorsement by any Member thereof shall be filed with the office of the Secretary General and immediately referred to the Speaker.

The Speaker shall have it included in the Order of Business within ten (10) session days from receipt. It shall then be referred to the Committee on Justice within three (3) session days thereafter.

RULE III
FINDING A PROBABLE CAUSE

A. COMMITTEE PROCEEDINGS

Section 4. Determination of Sufficiency in Form and Substance. – Upon due referral, the Committee on Justice shall determine whether the complaint is sufficient in form and substance. If the committee finds that the complaint is insufficient in form, it shall return the same to the Secretary General within three (3) session days with a written explanation of the insufficiency. The Secretary General shall return the same to the complainant or complainants together with the committee’s written explanation within three (3) session days from receipt of the committee resolution finding the complaint insufficient in form.

Should the committee find the complaint sufficient in form, it shall then determine if the complaint is sufficient in substance. The requirement of substance is met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of the committee. If the committee finds that the complaint is not sufficient in substance, it shall dismiss the complaint and shall submit its report as provided hereunder.

Section 5. Notice to Respondent and Time to Plead. – If the committee finds the complaint sufficient in form and substance, it shall immediately furnish the respondent with a copy of the resolution and/or verified complaint, as the case may be, with written notice that he shall answer the complaint within ten (10) days from receipt of notice thereof and serve a copy of the answer to the complainant or complainants. No motion to dismiss shall be allowed within the period to answer the complaint.

The answer, which shall be under oath, may include affirmative defenses. If the respondent fails or refuses to file an answer within the reglementary period, he is deemed to have interposed a general denial to the complaint. Within three (3) days from receipt of the answer, the complainant may file a reply, serving a copy thereof to the respondent who may file a rejoinder within three (3) days from receipt of the reply, serving a copy thereof to the complainant or complainants. If the complainant fails to file a reply, all the material allegations in the answer are deemed controverted. Together with their pleadings, the parties shall file their affidavits or counter-affidavits, as the case may be, with their documentary evidence. Such affidavits or counter-affidavits shall be subscribed before the chairman of the Committee on Justice or the Secretary General. Notwithstanding all the foregoing, failure of any respondent to file an answer will not preclude him from presenting evidence in support of his defenses.

When there are more than one respondent, each shall be furnished with a copy of the verified complaint from a member of the House or a copy of the verified complaint from a private citizen together with the resolution of endorsement by a member of the House of Representatives and a written notice to answer and in that case, reference to respondent in these Rules shall be understood as respondents.

Section 6. Submission of Evidence and Memoranda. – After receipt of the pleadings and affidavits and counter-affidavits and relevant documents provided for in Section 5, or the expiration of the time within which they may be filed, the Committee shall determine whether the complaint alleges sufficient grounds for impeachment.

If it finds that sufficient grounds for impeachment do not exist, the Committee shall dismiss the complaint and submit the report required hereunder. If the Committee finds that sufficient grounds for impeachment exist, the Committee shall conduct a hearing. To that end, the Committee, through the chairman, may limit the period of examination and cross-examination. The Committee shall have the power to issue compulsory processes for the attendance of witnesses as well as the production of documents and other related evidence.

The hearing before the Committee shall be open to the public except when the security of the State or public interest requires that the hearing be held in executive session.

After the submission of evidence, the Committee may require the submission of memoranda, after which the matter shall be submitted for resolution.

Section 7. Protection to Complainant or Witness. – The House may, upon proper petition, provide adequate protection to a complainant or witness if it is shown that his personal safety is in jeopardy because of his participation in an impeachment proceeding.

Section 8. Report and Recommendation. – The Committee on Justice after hearing, and by a majority vote of all its members, shall submit its report to the House containing its findings and recommendations within sixty (60) session days from the referral to it of the verified complaint and/or resolution. Together with the report shall be a formal resolution of the committee regarding the disposition of the complaint which shall be calendared for consideration by the House within ten (10) session days from receipt thereof.

If the Committee finds by a vote of the majority of all its members that a probable cause exists, it shall submit with its report a resolution setting forth the articles of impeachment on the basis of the evidence adduced before the Committee. Otherwise, the complaint shall be dismissed subject to Section 11 of these Rules.

Section 9. Report to be Calendared. – The Committee on Rules shall calendar the report and the accompanying resolution of the Committee on Justice regarding the disposition of the complaint in accordance with the Rules of the House of Representatives. The House shall dispose of the report within sixty (60) session days from its submission by the Committee on Justice.

B. HOUSE ACTION

Section 10. Vote Required for Approval. – A vote of at least one-third (1/3) of all the members of the House is necessary for the approval of the resolution setting forth the articles of impeachment. If the resolution is approved by the required vote, it shall then be endorsed to the Senate for its trial.

On the other hand, should the resolution fail to secure the approval by the required vote, the same shall result in the dismissal of the complaint for impeachment.

Section 11. Where Dismissal Recommended. – When the report of the Committee on Justice dismisses the complaint, it shall submit to the House a resolution for the dismissal of the verified complaint and/or resolution of impeachment. A vote of at least one-third (1/3) of all the members of the House shall be necessary to override such resolution, in which case the Committee on Justice shall forthwith prepare the articles of impeachment.

Section 12. Vote by Roll Call. – The voting on a favorable resolution with the articles of impeachment of the Committee on Justice or a contrary resolution shall be by roll call, and the Secretary General shall record the vote of each member.

RULE IV
VERIFIED COMPLAINT/RESOLUTION BY ONE-THIRD OF MEMBERS

Section 13. Endorsement of the Complaint/Resolution to the Senate. – A verified complaint/ resolution of impeachment filed by at least one-third (1/3) of all the members of the House shall constitute the articles of impeachment, and in this case the verified complaint/resolution shall be endorsed to the Senate in the same manner as an approved bill of the House.

The complaint/resolution must, at the time of filing, be verified and sworn to before the Secretary General by each of the members constituting at least one-third (1/3) of all the members of the House.

The contents of the verification shall be as follows:

“We, after being sworn in accordance with law, depose and state: That we are the complainants in the above-entitled complaint/resolution of impeachment; that we have caused the said complaint/resolution to be prepared and have read the contents thereof; and that the allegations therein are true of our own knowledge and belief on the basis of our reading and appreciation of documents and other records pertinent thereto.”

(Signature)

RULE V
BAR AGAINST IMPEACHMENT

Section 14. Scope of Bar. – No impeachment proceedings shall be initiated against the same official more than once within the period of one (1) year.

RULE VI
PROSECUTOR IN ALL IMPEACHMENT PROCEEDINGS

Section 15. Impeachment Prosecutor. – The House of Representatives shall act as the sole prosecutor at the trial in the Senate through a committee of eleven (11) members thereof to be elected by a majority vote.

RULE VII
APPLICABILITY OF THE RULES OF CRIMINAL PROCEDURE

Section 16. Rules of Procedure. – The Rules of Criminal Procedure under the Rules of Court shall, as far as practicable, apply to impeachment proceedings before the House.

Adopted, August 1, 2005.

Footnotes

^[[*]] The Supreme Court decision in Francisco et al. v. House of Representatives (G.R. No. 160261, November 10, 2003), states that impeachment proceedings are initiated upon filing of the complaint and/or resolution and its referral to the Committee on Justice.

Constitutional Provisions on Impeachment (Sections 2 and 3 of Article XI)

1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Section 3. The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.

In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.

Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary which shall not be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.

Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released.

Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.