After Adjournment, can the Senate still Proceed with the Impeachment Trial?

This article talks about the duty of the Senate to constitute itself as an impeachment court and proceed to trial on impeachment despite its adjournment or recess.

Impeachment is a political process undertaken by the legislature to determine whether the public officer committed any of the impeachable offenses, namely, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust [Republic vs. Sereno, G.R. No. 237428, 19 June 2018]. For this reason, a rigorous procedure involving the House of Representatives and the Senate is provided for in Article IX, Section 3 of the 1987 Constitution.

The Constitution provides that in case the verified complaint or resolution of impeachment is filed by at least one-third of all Members of the House of Representatives, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. However, what if the Senate has adjourned or is in recess? Can it still take cognizance of the impeachment and proceed with trial?

The short answer is yes.

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Pursuant to Rule XXXV, Sec. 100 of the Rules of the Senate, the Senate can adjourn for a congressional recess as follows:

“a) In compliance with its legislative calendar.

1. 1. b) At the end of the regular session thirty (30) days before the next regular session, exclusive of Saturdays, Sundays and Holidays.
   2. c) At the end of a special session of Congress.
   3. d) Upon the termination of the term of a Congress.

Recess includes:

1. 1. a) The period of time between the adjournment of the regular session and the convening of the next regular session of the same Congress.
   2. b) The intervening period of time between the adjournment of a regular session, and the convening of the special session of the same Congress.
   3. c) The intervening period of time between the adjournment of a special session, and the convening of the next regular session of the same Congress.
   4. d) The intervening period of time between the end of a session and its resumption on a fixed date as provided in the legislative calendar other than the adjournment of the annual regular session.”

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Although the Senate is a continuing institution, its legislative functions cease upon adjournment. Thus, it was held in Neri vs Senate, G.R. No. 180643, 04 September 2008:

“On the nature of the Senate as a “continuing body,” this Court sees fit to issue a clarification. Certainly, there is no debate that the Senate as an institution is “continuing”, as it is not dissolved as an entity with each national election or change in the composition of its members. However, in the conduct of its day-to-day business the Senate of each Congress acts separately and independently of the Senate of the Congress before it. The Rules of the Senate itself confirms this when it states:

RULE XLIV

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UNFINISHED BUSINESS

SEC. 123. Unfinished business at the end of the session shall be taken up at the next session in the same status.

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All pending matters and proceedings shall terminate upon the expiration of one (1) Congress, but may be taken by the succeeding Congress as if present for the first time.

Undeniably from the foregoing, all pending matters and proceedings, i.e. unpassed bills and even legislative investigations, of the Senate of a particular Congress are considered terminated upon the expiration of that Congress and it is merely optional on the Senate of the succeeding Congress to take up such unfinished matters, not in the same status, but as if presented for the first time. The logic and practicality of such a rule is readily apparent considering that the Senate of the succeeding Congress (which will typically have a different composition as that of the previous Congress) should not be bound by the acts and deliberations of the Senate of which they had no part. If the Senate is a continuing body even with respect to the conduct of its business, then pending matters will not be deemed terminated with the expiration of one Congress but will, as a matter of course, continue into the next Congress with the same status.”

However, it must be emphasized that what terminates during adjournment is the legislative function of the Senate. This does not cover non-legislative functions. As held in Pimentel vs. Joint Committee:

“The legislative functions of the Twelfth Congress may have come to a close upon the final adjournment of its regular sessions on June 11, 2004, but this does not affect its non-legislative functions, such as that of being the National Board of Canvassers. In fact, the joint public session of both Houses of Congress convened by express directive of Section 4, Article VII of the Constitution to canvass the votes for and to proclaim the newly elected President and Vice-President has not, and cannot, adjourn sine die until it has accomplished its constitutionally mandated tasks. For only when a board of canvassers has completed its functions is it rendered Functus Officio. Its membership may change, but it retains its authority as a board until it has accomplished its purposes. (Pelayo v. Commission on Elections, 23 SCRA 1374, 1385 [1968], citing Bautista v. Fugoso, 60 Phil. 383, 389 [1934] and Aquino v. Commission on Elections, L-28392, January 29 1968)

Since the Twelfth Congress has not yet completed its non-legislative duty to canvass the votes and proclaim the duly elected President and Vice-President, its existence as the National Board of Canvassers, as well as that of the Joint Committee to which it referred the preliminary tasks of authenticating and canvassing the certificates of canvass, has not become Functus Officio.

In sum, despite the adjournment sine die of Congress, there is no legal impediment to the Joint Committee completing the tasks assigned to it and transmitting its report for the approval of the joint public session of both Houses of Congress, which may reconvene without need of call by the President to a special session.”

Insofar as impeachment is concerned, the Senate is not performing its legislative function for such matter. It does not enact laws insofar as impeachment is concerned. Rather, the Senate sits as an impeachment court. Art. XI, Sec. 3(6) of the Constitution states:

“The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”

In view of the foregoing, the despite the adjournment or recess of Senate, it CANNOT shirk from its constitutional duty to try and decide cases of impeachment.

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