Opposition lawmakers are urging President Ferdinand "Bongbong" Marcos Jr. to call a special session and compel the Senate to immediately convene as an impeachment court, expressing concerns that continued inaction only gives Vice President Sara Duterte’s camp a chance to derail the looming trial.

In a joint statement Monday, ACT Teachers Rep. France Castro, Gabriela Rep. Arlene Brosas, and Kabataan Rep. Raoul Manuel emphasized the urgency of a special session to counter what they described as “legal maneuvers” by Duterte’s camp to delay proceedings through Supreme Court intervention.

Duterte and a group of Mindanao lawyers allied with her father, former President Rodrigo Duterte, recently petitioned the Supreme Court (SC) for a temporary restraining order to halt the Senate’s impending trial. They cited alleged constitutional violations, including a breach of the one-year bar rule.

"If the President is really open to a special session, then he should do it outright without waiting for a request from the Senate President or House Speaker," the Makabayan bloc said in Filipino.

"The continued postponement of the impeachment trial is worrisome. Every day that passes is another day delaying justice for the people," the statement added.

Under Article VI, Section 15 of the Constitution, the President has the power to call a special session at any time. However, Marcos has stated he would only do so upon the Senate’s request.

Senate President Francis “Chiz” Escudero has maintained that the impeachment trial will only begin when the 20th Congress convenes in late July, after 12 new senators are sworn in. He asserted that no pressure from the House would sway the Senate into convening unless the President issued the directive.

Critics speculate that the Senate’s reluctance is tied to the upcoming midterm elections, suggesting that some re-electionist senators prefer to play it safe.

The Makabayan bloc, however, argued that Marcos should not allow “politicians with narrow interests” to hold the impeachment process hostage by refusing to expedite the trial.

Hands-off, Mr. President

While House members have urged the Senate to proceed with the trial without delay, administration lawmakers rejected claims that they are seeking Marcos’ intervention to force the Senate’s hand.

Manila Rep. Ernix Dionisio and Lanao del Sur Rep. Zia Adiong stressed the importance of maintaining the separation of powers between the executive branch and Congress.

“President Bongbong Marcos should not interfere in terms of the impeachment process. The Constitution already stated that it is the sole responsibility of Congress and the Senate to do the trial of any impeachment. So, it makes no sense for us to involve the President in that,” Dionisio told reporters Monday.

Adiong echoed this sentiment, saying, "This [impeachment] is entirely within the ambit and powers of Congress. We should insulate it from any form of influence."

“I guess the separation of powers also speaks about [the] restriction on each of these branches of government should not encroach on others' mandate,” he added.

Meanwhile, former Senate President and Justice Secretary Franklin Drilon said lawyer Catalino Generillo Jr. was “wrong” in asking the SC to compel the Senate to convene, arguing that the high court has no jurisdiction over the upper chamber.

Instead, he suggested that impeachment proponents should direct their appeal to Marcos, as only a special session — at the President’s sole prerogative — could force Congress to convene during its break.

"SP Chiz can't do anything even if he wants to… The ball is in the President's court unless he also doesn’t want to convene the impeachment court," Drilon said in an interview over the weekend.

Drilon also clarified that a special session is part of the Chief Executive’s “constitutional function” and should not be interpreted as an intrusion into the separation of powers.

The House of Representatives transmitted the articles of impeachment to the Senate after impeaching Duterte on 5 February, the last session day before Congress adjourned for a four-month recess ahead of the election campaign season.

Escudero has argued that holding a trial during the congressional break “legally cannot be done” since the articles of impeachment — which serve as the basis for convening the impeachment court — were not referred to the plenary before Congress adjourned.

The House outlined seven impeachable offenses against Duterte, including betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes.

To convict Duterte, the Senate will need a two-thirds vote, or at least 16 of its 24 members. If convicted, she will be perpetually disqualified from holding public office.

Retired SC Senior Associate Justice Adolfo Azcuna, one of the framers of the 1987 Constitution, has warned that the House’s impeachment effort could go to waste if the Senate fails to acquire jurisdiction over the case before the new Congress takes over.