MANILA, Philippines — The Supreme Court and the Senate, acting as an impeachment court, share equal powers.

This was the opinion shared by respected constitutionalist Fr. Joaquin Bernas, SJ, Wednesday night before members of the Philippine Constitution Association (Philconsa).

Contrary to the belief of many senators, the Senate is not a superior branch even if it is acting as an impeachment body, Fr. Bernas said.

With the continued insistence of the senators that they are above all branches when the Senate acts as an impeachment court (IC), Fr. Bernas aired fears a clash between the legislature and the judiciary.

“By saying that the Senate as an impeachment court is superior to the Supreme Court, the two bodies are placed in a collision course. When an irressitable force moves... someone has to give in,” Fr. Bernas said during the oath-taking ceremony of Philconsa at the historic landmark Manila Hotel Wednesday night.

“These are just samples of the problems that are arising in the course of impeachment trial. The climactic moment will come when the Senate, acting as a court, will enter its verdict,” he added.

What the senators failed to understand, according to Fr. Bernas, was the fact that they were still a legislative branch of government even if they assumed the function as an impeachment court.

“It seems to me they failed to acknowledge that the powers being exercised during the impeachment trial are powers given to the Senate but only to be exercised on occasion. These powers are dormant until an impeachment trial arises,” Fr. Bernas pointed out.

“In other words, there is only one Senate which occasionally acts as an impeachment court, in the same manner there is only one Supreme Court. The Senate – whether acting as impeachment court or legislative body – is the same Senate that is co-equal and not superior to the other departments,” he added.

If there’s one thing that is above all the three branches, Fr. Bernas said “the Constitution is the only thing superior” to the three branches.

“There is no superiority of one over the others. There is only the Constitution over all,” he said.

On the question when the SC can step in during an impeachment proceeding, the respected constitutionalist said the High Tribunal can help in terms of determining the meaning of the law, especially during the times when there’s violation of constitutional rights.

He cited the impeachment cases of former Chief Justice Hilario Davide Jr. and former Ombudsman Merceditas Gutierrez wherein the Supreme Court came in to resolve matters of interpreting the law of impeachment.

In electoral tribunal cases, when the Constitution says the electoral tribunal shall be the sole judge of all election contests, the SC came in to determine whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the tribunal.

“What all these means is that the SC can come in when it is needed to determine the meaning of the law. This does not mean superiority of the SC over other departments. All it means is that the Constitution has placed in the SC the power to determine with finality the meaning of the law,” he explained.

Meanwhile, the public has been urged to remain calm in monitoring developments of the ongoing trial of the impeached Chief Justice before the Senate, a lawmaker appealed Wednesday night.

Leyte Rep. Martin Romualdez asked the public to protect and defend the Constitution against those who will attempt to trample upon it, noting that the Constitution reigns supreme to preserve the country’s democracy.

“For now, all that we can do is observe the process and remain vigilant to ensure that the rule of law will always prevail, and at the same time, stand guard against those who want to undermine the Constitution,” Romualdez said. (With a report from Rio Rose Ribaya)