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Thursday, October 13, 2005
SC lets Senate keep security adviser in its custody
THE Supreme Court (SC) ruled Tuesday that National Security Adviser Norberto Gonzales would remain in the guardianship of the Senate pending the court decision on his release.
The SC issued the decision late Tuesday night after eight hours of oral arguments between Gonzales's lawyers and Senator Joker Arroyo, chairman of the Senate Blue Ribbon committee, which ordered the detention of the security adviser.
Last September 22, the Senate Blue Ribbon panel cited Gonzales in contempt and ordered his detention for "contumaciously" refusing to answer questions about the P50 million lobby deal. Gonzales however has been at the Philippine Heart Center in Quezon City so that his health condition will be monitored closely after he suffered hypertension due to intense questioning by the senators.
Gonzales asked the help of the high court for his release from the Senate detention.
During the oral arguments, Gonzales's lawyers headed by Antonio Bautista said his client's detention in the Senate is "inhuman and illegal" because he did not refuse to answer the questions by senators during the Senate investigation on the controversial lobby contract with the US lobby firm, Venable LLP but he "was just avoiding compromising the nation's security then."
Bautista said his client would have answered the questions had the senators granted his request to go to an executive session. He said Gonzales asked for an executive session because the Venable contract involves national security.
He also said Gonzales felt during the Senate inquiry that he would not be able to answer the questions about the Venable deal without breaking the confidence of President Gloria Macapagal-Arroyo. The security adviser further invoked executive privilege in evading the questions of the senators, the lawyer added.
He said the Senate committed alleged "grave violation" of his client's right when he was grilled without the benefit of a lawyer.
The Cabinet secretary, for his part, said he could not divulge the information being sought by the senators because it might adversely affect national security. He said although he was the signatory in the P50 million contract, he has no idea who paid for the P12 million initial deposit for the services rendered by Venable.
Gonzales said the President also prohibited him from disclosing information during the Senate inquiry as it might cause grave damage to RP-US diplomatic relations. He added that with the current political crisis in the country, detractors of President Arroyo might capitalize on and exploit the government's relations with the US.
But Senator Arroyo maintained that there was no national security issue in the senators' queries to Gonzales like who gave him the authority to sign the contract, who paid for the contract and who referred the lobby firm to him. He said the questions were "relevant and material to the Venable investigation."
The senator also told the court that there was no pressure on Gonzales to involve the President during the Senate inquiry.
The SC gave both camps five days to submit their respective comments on the continued detention of Gonzales. The court may issue its ruling on the matter next week.
Gonzales signed the contract with Venable LLP wherein the firm would lobby for the immediate release of various grants and aid packages from the US, including assistance for the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).
The contract also covers the possible seeking of grants - whether through cash or expertise - for the government's initiative to amend the 1987 Constitution and to eradicate corruption. (JFF/Sunnex)
(October 13, 2005 issue)
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