Step-by-step guide to the impeachment process that awaits Marcos

The impeachment proceedings against President Ferdinand Marcos Jr. — the first since he assumed office in 2022 — have been green-lit, triggered by the referral of two complaints to the justice committee.

What happens next? The House rules handbook provides a guide to his impeachment process.

The process will be different from what Vice President Sara Duterte faced in February 2025, since the latter’s impeachment was the product of a constitutionally valid shortcut: at least one-third of Congress signed the articles of impeachment, tantamount to their endorsement of the complaint.

This meant that Duterte’s impeachment complaint no longer had to go through the justice committee, and was immediately transmitted to the Senate for a trial that was ultimately botched amid Supreme Court intervention.

In Marcos’ case, the two complaints against him had a cumulative total of four lawmaker-endorsers. Because the one-third signature requirement to avail of the fast mode was not met, Marcos will go through the long method of impeachment.

Rappler lists a step-by-step guide for Marcos’ impeachment process.

• The justice committee will convene to consolidate the two complaints endorsed separately by Pusong Pinoy Representative Jett Nisay and the three-member Makabayan bloc, according to committee chairperson Gerville Luistro.
• The committee will determine whether the complaint is sufficient in form. If it is not, the complaint will be sent back to the Office of the Secretary General with a written explanation on why it is insufficient. The complaint is considered dismissed.
• If the complaint is sufficient in form, the committee will then determine whether it is sufficient in substance — this includes a decision on whether the facts constituting the offenses charged are articulated properly. The complaint is considered dismissed if it does not pass this test.
• If the complaint is sufficient in form and substance, the justice committee will send Marcos a copy of the complaint.
• Marcos has 10 days to file an answer to the complaint. It may include affirmative defenses. If he chooses not to respond to the allegations, he would be assumed to be denying the accusations.
• The complainants have three days from receipt of Marcos’ answer to file a reply.
• Marcos has another three days from the receipt of the complainants’ reply to file a rejoinder.

During this period of submissions, the parties shall file their affidavits and counter-affidavits together with documentary evidence.

• After the submission of all the relevant documents, the justice committee shall determine whether the complaint alleges sufficient grounds for impeachment. If it does not, the case will be dismissed.
• If the complaint alleges sufficient grounds for impeachment, the justice committee will conduct a public hearing to examine witnesses who will be invited, and documents that will be produced.
• The committee, before it makes a decision, may require parties to submit memoranda after the submission of evidence.
• After hearing the evidence, the committee will vote on whether or not probable cause for impeachment exists. If a majority of lawmakers vote in favor of the complaint, the report that they will submit to the plenary will constitute the articles of impeachment. If the complaint fails to get majority support from lawmakers, it will be dismissed.

It is important to note that the justice committee has a maximum of 60 session days to decide on the impeachment complaint. However, session days are different from calendar days. Three calendar days, for example, may count as one session day only.

• Once the committee report is submitted to the plenary, the rules committee, chaired by the majority leader, has a maximum of 60 session days to dispose of the report.

Take note that the President’s son, Ilocos Norte 1st District Representative Sandro Marcos, is the majority leader, although he has said he will inhibit from impeachment proceedings against his father.

• The House will vote on the articles of impeachment in the plenary. If at least one-third of the House (around 106 lawmakers) votes in favor of the articles of impeachment, it is considered approved, and Marcos is considered impeached. If that number isn’t met, the report is dismissed. (If the committee report forwarded to the plenary junks the complaint, a one-third vote in the plenary can also override the dismissal.)
• If the articles of impeachment hurdle the House, they will be transmitted to the Senate, which will hold a trial to determine whether Marcos should be convicted or acquitted. Marcos will be removed from office only if he gets a conviction.

It is important to note that if the complaints are dismissed whether in the early or final stages of the proceeding, Marcos will get a one-year immunity against another impeachment effort.

Luistro told reporters that the committee will meet for the first time on February 2, a Monday. – Rappler.com