DOES an impeachment case survive the sine die adjournment of Congress?
The answer to this question is crucial because of the likelihood that the impeachment trial of Vice President Sara Duterte in the Senate—assuming impeachment survives the challenge before the Supreme Court—will not be concluded before June 30, which marks the end of the 19th Congress and the beginning of the 20th.
This is probably one reason pressure is mounting on Senate President Francisco Escudo to begin trial “forthwith” as the Constitution commands.
Escudero has been on the receiving end of criticisms for not acting on the case after the Senate received the articles of impeachment last February 5, the last session day of Congress before it adjourned for the midterm elections.
The Senate and the House adjourned on February 7 without the Senate taking any action on the articles of impeachment, not even a simple acknowledgment during the last session that they have been received.
So, the first issue now is whether the Senate can proceed with the trial when it is not in session—or after it has adjourned.
It all boils down to rules—the rules of the Senate.
As a general rule, the Senate can only conduct legislative business when Congress (the House and the Senate) is in session – because its primary function is legislation.
But impeachment is not a legislative function and, therefore, one may argue that the Senate can proceed with the trial even if it is not in session.
The problem is, there are no specific provisions in the Senate Rules on Impeachment to that effect. So, there’s no basis for convening as an impeachment court and starting the trial.
Of course, if the trial had begun before the Senate adjourned, the trial can go on during the period of recess. That’s because even if there is no specific rule, there are already precedents—and precedents serve as rules.
So, in all likelihood, the trial can begin when Congress resumes session on June 2—way after the midterm elections during which 12 new senators will be elected and assume office at noon on June 30.
But there will be only eight session days (assuming the Senate will hold sessions on June 5 and 6—Thursday and Friday—because there are normally no sessions on these days). It is next to impossible for the Senate to arrive at a vote by June 11, before adjourning sine die on June 13.
The sine die adjournment will mark the beginning of the end of the 19th Congress. The remaining days to noon of June 30 will be devoted to preparations for the assumption of office of those elected in the May polls.
Although, technically again, the Senate, which includes those whose terms end on June 30—may still hold the impeachment trial until noon of June 30. But practically, that may not be possible.
When Congress returns on July 27 to hear the President deliver his State of the Nation Address, it will already be the 20th Congress. Most likely, there would be new senators who were not part of the 19th Congress.
So, back to my original question: May the 20th Congress continue with the impeachment trial?
Again, there appears to be no specific Senate rule on this. And neither do we have precedent (because it has not happened before) nor jurisprudence (because no such case has been brought before the Supreme Court).
This is unlike in the United States—from whom we borrowed the concept and style of impeachment.
In the US, the precedents and rules are clear.
First, an impeachment may proceed only when Congress is in session.
Second, an impeachment proceeding does not die with adjournment. An impeachment begun in the House in one Congress may be resumed by the House in the next Congress.
Third, an official impeached by the House in one Congress may be tried by the Senate in the next.
These are all written in precedents and the US Congress Manual on Impeachment.
Clearly, we do not have the same.
That means this impeachment case is open to some serious legal and constitutional questions.
But the more crucial question—the conundrum, to borrow the late Sen. Ople’s words—is who gets to decide on these questions? The Senate, Congress, or the Supreme Court.
