SEN. BATO'S QUESTION: CAN THE NEW SENATE CONTINUE THE IMPEACHMENT TRIAL? ATTY. BUENO EXPLAINS.

Senator Bato Dela Rosa's question about the 20th Congress's jurisdiction over an impeachment case initiated by the 19th Congress hinges on the concept of the "continuing body" doctrine as it applies to the Philippine Senate.

Here's a brief discussion:

The "Continuing Body" Doctrine: This principle asserts that the Senate, despite changes in its membership due to elections, remains a continuous institution. Unlike the House of Representatives, where all members face election every three years, only half of the senators are elected every three years for a six-year term. This staggered election ensures that there are always senators remaining from the previous Congress, thus maintaining the institution's continuity.

Application to Impeachment: Proponents of this doctrine argue that because the Senate is a continuing body, impeachment proceedings, once formally transmitted from the House of Representatives to the Senate, are not extinguished or reset when a new Congress convenes. They contend that the Senate's role as the sole impeachment court transcends the specific terms of its individual members. To rule otherwise would allow impeachable officials to potentially evade accountability by simply outlasting a Congress.

Legal Basis and Precedent: The Supreme Court, in cases like Avelino v. Cuenco (1963), has recognized the Senate as a "continuing body" in other contexts. While there's no direct Supreme Court ruling specifically on the carry-over of impeachment cases across Congresses, the general understanding of the Senate's nature as a continuing institution is a strong argument for the continuity of impeachment proceedings.

Senator Dela Rosa's Question: By asking if the new Senate still has jurisdiction, Senator Dela Rosa essentially questions whether the "continuing body" doctrine applies to impeachment trials, or if impeachment cases, like ordinary legislative bills, lapse with the end of a Congress. This raises a fundamental constitutional question about the stability of the impeachment process and the accountability of high-ranking officials in the Philippines.


Sources
1987 Constitution
Avelino vs. Cuenco
Francisco vs. House of Representatives.