On the possibility of Binay’s impeachment

Question: May Vice President Jejomar Binay be impeached for an act he took before he became vice president?

For lack of local jurisprudence, we cite an American jurisprudence to answer the question. After all, our Constitution was cloned from the US Constitution, including the provisions on impeachment.

Alan Hirsch, a freelance writer and constitutional scholar, received a bachelor of arts degree from Amherst College and a juris doctorate degree from Yale Law School. He has written several books, and has been extensively published both in mainstream and academic journals. He is an adjunct professor at Hartwick College and the author of “For The People: What The Constitution Really Says About Your Rights” (Free Press, 1988), with Akhil Amar, a respected Constitution expert.

Hirsch posed a similar question: “May a president be impeached for conduct that took place before he was president?” His answer in an article he wrote (“A Citizen’s Guide To Impeachment,” item 21) is YES.

He said: “The US Constitution does not limit impeachable offenses to actions taken while in office. And while it might seem unfair to remove someone from office for acts undertaken before assuming office, in certain cases (such as bribery, corruption, tax evasion, extortion), it would be justified.”

He said further: “Suppose, for example, it turns out that a President, in a previous stint as governor, made a regular practice of accepting bribes. We might further suppose that, in the campaign for President, he emphasized his record of integrity as governor. Impeachment would clearly be in order.”

Citing Vice President Spiro Agnew’s case, he said: “In the case of Vice President Agnew, the conduct that gave rise to his resignation from office occurred while he was governor. He likely would have been impeached for that conduct had he not resigned.”

Excerpts from the book, “America’s Leaders, America’s Biography:

“In 1973, Agnew was accused of having committed bribery, extortion and income tax violation while in office as Maryland governor. Initially, Agnew refused to resign if indicted (criminally) stating that he would only leave office by impeachment. When Agnew was indicted, his lawyers plea-bargained with the federal judge on his behalf; he ultimately agreed to resign on October 10, 1973, rather than face the specter of a looming impeachment that could have surely forced him out

of office.

“He later pleaded ‘nolo contendere’ (no contest) to bribery charges and was disbarred.”

What illegal acts did Agnew do while he was Maryland’s governor?

“He received kickbacks—illegal payments from contractors who wished to do business with the State of Maryland while he was a Maryland governor.” In all, Agnew was charged with more than 40 felonies.

“The State of Maryland later forced him to repay to the State $248,000 in bribe money.”

Absolutely, Vice President Binay may be impeached for illegal acts he did while he was a Makati mayor.

—MANUEL BIASON, lawyer, [email protected]