Monday, March 31, 2008 SC decision on Neri draws mixed reactions
THE Supreme Court decision favoring Secretary Romulo Neri's petition not to testify before the Senate on the controversial NBN-ZTE deal on the ground of "executive privilege" drew mixed reactions from Negrenses, ranging from safe comments to extreme disappointment.
Bacolod Mayor Evelio Leonardia said he could not yet give substantial comment on the SC decision except give respect for the wisdom of the justices. "The rest I have yet to study."
Negros Occidental Gov. Isidro Zayco said he respects the SC decision, adding that "each of them must have good reason in favoring Secretary Neri's petition."
Zayco said he sees nothing wrong with the SC ruling because it did not totally stop the Senate from investigating witnesses and resource persons on certain issues in aid of legislation. "It also showed the independence of the three branches of the government."
A group of businessmen from the Metro Bacolod Chamber of Commerce and Industries Inc., meanwhile, said the SC decision was double-edged because on one hand, it implies that people should still trust the country's legal processes in redressing grievances. On the other hand, it leaves room for people especially "truth seekers" to continue questioning the current political order.
"We still hope that the decision will ease the current political tension in the country," the group added.
Negrense lawyer Neri Colmenares, in a phone interview with Sun.Star Bacolod, stressed the SC decision only closes all legal avenues to letting the truth come out.
Colmenares, who is also the legal counsel of NBN-ZTE deal star witness Rodolfo 'Jun' Lozada and a leading convener of the Alliance for the Protection of Lawyers, said he was extremely disappointed with the ruling.
"Me and my group are afraid that the NBN-ZTE deal would go the way of the 'Garci scandal', fertilizer scam, and other unresolved scandals where there is a crime but no criminal is held accountable," Colmenares said.
"With the decision, what will stop the President from committing a crime and claiming executive privilege in the future? Presidential immunity plus executive privilege equal impunity," Colmenares added.
In a 9-6 voting in favor of Neri's petition, the SC stopped the Senate from compelling Neri to testify in its ongoing investigation into the aborted $329 million deal of the government with the China ZTE Corp.
In its decision, the SC said that while the three branches of the government are "considered separate, co-equal, coordinate and supreme within their respective spheres, they are imbued with a system of checks and balances to prevent unwarranted exercise of power."
The SC decision added that "after all, Neri is not even an ordinary witness but holds a high position in a co-equal branch of government."
But Colmenares said that "since the ball is again in Neri's court, he still has the option, whether to tell the truth and courageously face the wrath of President Gloria Macapagal-Arroyo, or suffer the ignominy of being responsible for finally closing all legal measures for redress of grievances in crimes involving the President."
Despite this, Colmenares called on the people to persist in studying the options for reforms and accountability without letting go of their assertion for their right to information and to hold their public officials accountable. (Karl G. Ombion)