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Can a separate criminal case be filed against the person to be impeached regardless of the decision in the impeachment trial?

April 26, 2017Case criminal decision filed impeached impeachment person regardless separate trial

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Can a separate criminal case be filed against the person to be impeached regardless of the decision in the impeachment trial?

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Yes. An impeachment case is a mere political trial where establishing certainty of facts is not a primary objective. The 1987 Constitution provides that judgment in an impeachment trial shall not be a bar for the institution of separate criminal cases against the person impeached (Sec. 3[7], Art. XI), especially if probable cause to institute criminal cases has been established in the trial. In case of acquittal, the institution of separate criminal cases shall depend on the establishment of probable cause, or the existence of facts which would lead a discreet and prudent man to believe that an offense has been committed (Crisostomo v. Pamaran, 74 O.G. 6663).