Wednesday, March 26, 2008 SC verdict on Neri meet by rants, raves By Danilo Adorador III
SUPREME Court's (SC) decision favoring Commission on Higher Education (Ched) chairman Romulo Neri in its petition on executive privilege was met by rants and raves by local groups in Cagayan de Oro on Tuesday.
Lawyer Frederico Gapuz, chairperson of the Union of People's Lawyers in Mindanao (UPLM), said the High Court's decision was "a great disappointment."
"The sheer number of Gloria's (President Gloria Macapagal-Arroyo) appointees in the High Court has no doubt influenced this troubling decision," Gapuz told Sun.Star Cagayan de Oro.
Gapuz said while the decision favored President Arroyo, the political tempest that could rock her administration would continue to grow.
"The decision will not acquit GMA (Arroyo) from the ZTE anomaly hounding her, her family and her Cabinet. The more people are denied of the truth, the stronger and varied the people's anger will be," Gapuz said.
Jose Nebrao, president of Engaged Citizens of Cagayan de Oro (Engaged), which has been advocating for electoral reforms and good governance, saw it in a different way.
Nebrao said the decision was a good example of "the balance between the powers of the executive and the legislative."
"We must respect the decision, as it recognizes the potential dangers when the Senate goes out of bounds in its investigations," Nebrao said.
"Imagine what will happen to this government when all the privileged communication of the President is laid out in the Senate in an open inquiry. This country will go to the dogs if that happens," he added.
Voting 9-6, the SC ruled Neri correctly invoked executive privilege when he refused to answer three questions asked by senators regarding the NBN-ZTE deal.
The High Court also ruled that the Senate couldn't hold Neri in contempt if he refuses to answer these questions.
Penned by Associate Justice Teresita Leonardo-de Castro, the SC also said the three questions are detrimental to the country's diplomatic relations with China.
The three questions are whether President Arroyo followed up the NBN-ZTE project with Neri; whether he was told by the President to prioritize the NBN-ZTE project; and whether the President told him to go ahead with the project after learning of the massive bribe offer.
Nine justices including the newly appointed associate justice Arturo Brion, Renato Corona, Minita Chico-Nazario, Presbitero Velasco, Antonio Nachura, Dante Tinga, Leonardo Quisumbing, Ruben Reyes, and Teresita de Castro, favored Neri's petition.
Chief Justice Reynato Puno and six others dissented with the majority decision.
Senate Minority Leader Aquilino Pimentel Jr. said the decision on Neri's petition was "terrible" because "it removed the investigative functions of the Senate."
For his part, Majority Leader Francis Pangilinan said the Senate would challenge the ruling and file a motion for reconsideration.
Pangilinan maintained that Neri should come forward and tell the truth, adding that the decision won't stop the Senate from continuing to summon Neri for questioning.
"We respectfully disagree with the SC ruling and we will file a motion for reconsideration. In the meantime, I will move that Neri be subpoenaed and that I intend to ask him other questions on the alleged involvement of (President Arroyo) in the ZTE NBN transaction," Pangilinan said. (With Sunnex)
