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Thursday, October 13, 2005
High court wants Arroyo to reveal Venable deal
THE Supreme Court (SC) has put on the pressure on President Gloria Macapagal-Arroyo to disclose once and for all if she will invoke executive privilege in divulging facts about the controversial deal with the US lobby firm Venable LLP.
In a ruling Tuesday night after an eight-hour marathon session to hear oral arguments of parties on the petition for habeas corpus filed by National Security Adviser Norberto Gonzales, the SC ordered the Office of the Solicitor General (OSG) to submit a manifestation within five days whether or not the President approved the invocation of executive privilege by Gonzales in refusing to divulge information about the Venable deal.
Executive privilege is the practice of the President or presidential assistants of refusing to answer questions posed in congressional hearings by claiming separation of powers.
The high court likewise ordered the parties to submit their respective memoranda within the same period to "amplify their arguments and expound on their answers to the questions of the court," after which their positions would be deemed submitted for resolution.
Chief Justice Hilario Davide Jr. told Solicitor General Alfredo Benipayo, who appeared for the state, to inform the court in his memorandum if the President herself would invoke executive privilege on the controversial lobby contract.
Davide said this is important in deciding whether there is basis in the Senate Blue Ribbon Committee's decision to continue placing Gonzales in contempt for his refusal to answer queries on the Venable deal.
The high court further required the Blue Ribbon committee chaired by Senator Joker Arroyo to submit as an attachment to its memoranda the proof of publication of committee rules in investigating matters in aid of legislation.
Davide also ordered Dr. Lugerio Torres, director of the Philippine Heart Center (PHC) and attending physician of Gonzales to submit results of his medical examination to determine his state of health.
The high court however deferred the holding of an executive session with justices where Gonzales vowed to reveal the name of the person who referred the contract to him.
The suspension of such an order was made after Senator Arroyo protested that such revelation should be made before the Senate and not at the SC, since "such information would be useless to the court."
Taking a cue from Senator Joker Arroyo, the high court said it is imperative to establish whether the President indeed ratified the invocation of an executive privilege, because in effect, it would be admission on the part of Malacañang that the President knew all about the Venable contract.
Senator Arroyo told the high court that the Senate hearing could not be covered by executive privilege because, as Gonzales had testified, the President was not privy to the deal.
Gonzales, through his lawyer Antonio Bautista, remained tight-lipped on the Venable contract while admitting that the President gave him instructions not to reveal the name of person who referred Venable to him to undertake the lobby project as well as the private groups and individuals prior to the Senate inquiry last September 21.
He also said he is not aware of who funded the lobby contract, but that "he knows who knows" who were these donors. He said he would be willing to reveal the name of the person who referred Venable to him in an executive session and not "on camera."
His lawyer's statements were a departure from Gonzales' own stance during the Blue Ribbon inquiry wherein he said the President merely gave him the go-signal to look for a US firm that will lobby for the release of funds earmarked by the US Congress in support of the Philippines but that it was his own initiative to sign the lobby contract with Venable.
His failure to answer prompted the Senate Blue Ribbon committee to cite him in contempt and place him under Senate's detention. After his intense grilling, Gonzales' blood pressure shot up that he had to be brought to the PHC for treatment while technically still under Senate's custody.
Executive Secretary Eduardo Ermita sent a letter last September 24 to Senator Arroyoto release Gonzales from detention. He appealed to the understanding of the Senate for Gonzales' refusal to answer queries, he being covered by executive privilege.
Bautista further argued that Gonzales did not exactly evade questions of Senators; he simply wasn't sure if he was allowed to disclose them as he felt he would be breaking the confidence of the President.
During the oral arguments, several justices suggested that Gonzales better reveal what he knew about the Venable deal to secure his freedom but Bautista said aside from breaking the confidence of the President, this would affect the country's security.
"The information here can harm our relations with the US," noting that there was a seeming disenchantment by the Bush Government with the administration following the pullout of Philippine troops from Iraq where the US was waging an anti-terror war.
The decision to pull out of Iraq was a condition agreed to by negotiators in exchange for the release of then captive overseas Filipino worker, Angelito dela Cruz.
Gonzales said the rift between Philippine-US relations was being exploited by the opposition in its supposed bid to destabilize the administration. (ECV/Sunnex)
(October 13, 2005 issue)
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