Ball is in PBBM’s court as Congress cannot convene without a special session - Drilon

MANILA, Philippines - Former Senate President Franklin M. Drilon reiterated that the power to convene Congress rests solely with the President, saying without a special session, Congress cannot meet to act on the impeachment complaints against Vice President Sara Duterte.

“Ang bola ay nasa Pangulo,” Drilon said in a radio interview on Sunday.

According to Drilon, Congress must meet either during its regular session or through a special session to discharge its responsibilities, which include functioning as an impeachment court.

“Ang Kongreso ay dapat tawagin as a collegial body upang magampanan ang kanilang trabaho,” he noted, stressing that any deviation from the set calendar is not permissible unless the Constitution allows for it.

“Hindi pwedeng mag session ang senado on its own. Mas pabor ako sa sinabi ni Senate President Escudero na kailangan may session,” he added.

“The Senate or the House of Representatives cannot meet outside of their calendar that they have approved,” he said.

Drilon clarified that the Constitution does provide for instances when Congress can meet without a formal call from the President—such as when meetings are held in accordance with the regular calendar or when a majority of the cabinet certifies that the President can no longer discharge his functions. Another instance is when the President declares martial law, wherein Congress is duly mandated to convene to approve o revoke the declaration.

However, when it comes to the convening of the impeachment court, Drilon stressed that a special session is indispensable, if Congress is not in session.

Drilon said the process will commence with the referral of the complaint to the impeachment court—only then can the impeachment proceedings move forward.

“The President has the sole power to compel Congress to a special session. Unless, of course, he opts not to pursue impeachment,” Drilon said.

The former senator acknowledged that the upcoming elections a a main factor, but he believes that political considerations will lose their impact after the election.

“Election may be a factor. Pero kung ang special session ay tawagin after ng election, wala na yung paninimbang sa election at pressure,” he said.