Sunday, September 07, 2008 Senate told to close NBN-ZTE probe
THE Senate should finally close its investigations into the national broadband network (NBN) deal with China's ZTE Corp. following the Supreme Court (SC) decision upholding executive privilege that then planning secretary Romulo Neri invoked during a Senate hearing.
And if the Senate cannot accept the ruling, Malacañang dared the Senators anew to bring the case to proper forum.
Chief presidential legal counsel Sergio Apostol said the Senate would just be wasting the people's money by proceeding with its investigations.
"It is time for the Senate to close its investigation. They have gathered enough evidence in aid of legislation. We urged them to stop the investigation. The Supreme Court has spoken, we urged them to draft legislation already," he said.
He added that those who refused to end the case are probably those who have personal motives.
Last Thursday, the SC upheld the executive privilege cited by Neri on the questionable deal.
Apostol allayed fears by some sectors that the government might abuse its power of executive privilege as they foresee the SC decision as giving government offenders "wide latitude to commit misdeeds."
"No abuse of powers here. Executive privilege is in the Constitution," he said, adding that when the government, particularly Neri, invoked it during the Senate investigation it does not mean that the Arroyo administration is hiding something.
He explained that the project was not yet made public because it has not been finalized yet. He added that since it has been cancelled, there is nothing to be made public.
He also dismissed the claim of NBN whistleblower Rodolfo Lozada Jr. that the public would never know the truth with the high court's decision.
Apostol said that Lozada should just respect and accept the SC ruling.
Press Secretary Jesus Dureza hoped that the Senate would eventually accept and show respect for the high court by submitting to its decision to uphold executive privilege.
Dureza dismissed statements of some Senators that transparency is the main issue in their earlier appeal to reverse the SC ruling.
"The issue here is not about transparency. The invocation of executive privilege was not to cover up facts or put a lid to the public disclosure of vital information," he said.
He reminded that it was the "palpable abuse" of some senators of their privilege to call on Cabinet members to appear and subject them to hearings that prompted the executive to avail of constitutionally guaranteed privileges.
Dureza said some senators were using the forum to publicly ridicule, arrest, and detain some Cabinet members while they grandstand "as if they are the paragons of truth and transparency."
"Unfortunately for them, the SC saw through this and struck them down. Let's hope they'll come around and show respect to the High Tribunal and submit to its final ruling," he added.
For his part, deputy presidential spokesman Anthony Golez Jr. said while the Palace respects the Senate's right to continue investigating the matter, it is time the Senate bring the case to the right court.
"If senators believe they can still get something out of the investigation, we respect that. But the executive department's message is that all these investigations can be done at the right court, at the right forum," he said.
He said bringing the case to court would at least determine who are liable and who should be punished.
On the other hand, Golez twitted some parties for their claims that nothing will come out of the case if the Senate brings it to court, because the Office of the Ombudsman will whitewash it.
Ombudsman Merceditas Gutierrez is perceived to be close to First Gentleman Jose Miguel Arroyo. (JMR/Sunnex)
