STRESSING that the Senate, sitting as impeachment court, is “not almighty” than the Supreme Court, Senator Miriam Defensor-Santiago has voted to obey the High Tribunal’s order last week stopping the Upper Chamber from scrutinizing the dollar deposits of impeached Chief Justice Renato Corona.

She cited six grounds in justifying her decision to uphold the decision of the Supreme Court. These are the: last clear chance doctrine, judicial power includes both justiciable questions and political questions, the impeachment court is not authorized to violate the law, the theory of checks and balances prohibits the impeachment court from claiming an exception for itself, disobedience to the TRO violates the Corona’s human rights, and in at least two previous cases, the Supreme Court ruled that it has power of judicial review over impeachment cases.

“Obedience to the TRO preserves governmental stability, while disobedience precipitates a constitutional crisis.  If we have a choice between stability and crisis, the wiser choice is always national stability. In the present impeachment case, it is the Senate which has the last clear chance to avoid a crisis, by obeying the TRO,” Santiago said.

She also said that under the Constitution, the judicial power is vested in the Supreme Court.  This judicial power, Santiago said, has two components: justiciable questions, which the court defines as “actual controversies involving rights which are legally demandable and enforceable” and “political questions, which the Constitution defines as “grave abuse of discretion amounting to lack or excess of jurisdiction.”