Resignation Won’t Save Public Officials from Impeachment, Legal Experts Explain Impeachment is a constitutional mechanism aimed at ensuring accountability for public officials accused of misconduct. A critical legal debate arises when an impeached official resigns before the trial concludes—should the impeachment proceedings continue? Legal experts affirm that resignation does not necessarily terminate the trial. Why Impeachment May Continue Even After Resignation Legal scholars emphasize that impeachment serves two primary purposes: Removal from Office – If convicted, the official is formally removed from their position. Disqualification from Holding Future Office – The official may be barred from assuming any public position in the future, as provided in Article XI, Section 3(7) of the 1987 Philippine Constitution. This provision clarifies that impeachment is not solely about removal but also about determining whether the official should be permanently disqualified from holding public office. If an official could evade this consequence by simply resigning, accountability would be undermined. Historical Precedents and Legal Interpretations In past cases, the Senate has chosen not to proceed with impeachment trials after an official’s resignation. Examples include: Ombudsman Merceditas Gutierrez (2011) – Resigned before her Senate trial, leading to the termination of proceedings. COMELEC Chairman Andres Bautista (2017) – The Senate took no further action after his resignation. President Joseph Estrada (2001) – His impeachment trial was effectively ended after his resignation following EDSA II. However, some legal experts argue that resignation should not preclude the Senate from exercising its mandate to decide on disqualification. This position ensures that public officials cannot simply walk away from accountability. Legal Basis for Continuing the Trial Legal experts reference Article XI, Section 3(7) of the 1987 Constitution: "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…" This means the Senate has the authority to continue impeachment proceedings even if the official has vacated their post, as disqualification is a separate and equally important consequence of impeachment. Implications for Governance and Accountability The debate over whether impeachment trials should continue post-resignation is crucial in maintaining accountability in public service. Allowing officials to escape the full consequences of impeachment through resignation could set a dangerous precedent, potentially encouraging misconduct without fear of lasting repercussions. By Atty. Phil Juris