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Tuesday, October 04, 2005
Opposition questions Arroyo's gag order before SC
MANILA -- Militant groups led by Bayan Muna party-list Representative Satur Ocampo, former solicitor general Francisco Chavez, and a lawyers' group asked the Supreme Court (SC) Monday to annul President Gloria Macapagal-Arroyo's controversial Executive Order 464.
The petitioners, in their separate filings, questioned the legality of the order, which was signed last week by Executive Secretary Eduardo Ermita.
The order aims to prevent government officials, including the police and military, from appearing in congressional inquiries without prior consent from the President.
Malacañang, for its part, was unfazed by the suit and expressed confidence that its legality would be upheld by the SC.
The executive order was issued after the Senate blue ribbon committee cited in contempt National Security Adviser Norberto Gonzales and ordered his detention for his refusal to answer questions on the controversial contract he had signed with the US-based lobby group Venable LLP.
Gonzales, who has been under the custody of the Senate, suffered a mild stroke after intense grilling by the committee members on September 21.
Citing Article 6, Section 22 of the Constitution, the same provision used as basis by the administration in coming out with the order, Chavez said Malacañang "mutated" the provision that specifically states that "heads of department may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules House provide, appear before and be heard by such on any matter pertaining to their departments."
"What the Constitution mandates is that only heads of departments are required to secure the consent of the President - but then, if they only appear upon their own initiative in any congressional investigation. Thus, the executive order, without basis in law, expanded the scope of the Constitution," he said in his petition.
He said the order should not have included police and military officials as among those who should seek her permission before appearing in congressional inquiries.
Chavez criticized the justification made by the Palace that the order aimed to ensure adherence to the separation of powers between the executive and the legislative, respect for executive privilege, and protection of the rights of public officials appearing in legislative investigations.
"The EO (order) tends to obstruct Congress from conducting inquiries in aid of legislation. By virtue of the executive order, the President can effectively disallow/bar/prohibit any public official who may be summoned by Congress to appear in its congressional hearings. Under the circumstances, the gag order by Gloria Arroyo through EO 464 effectively prevents Congress from discharging its Constitutional duty of legislation," Chavez said.
Bayan Muna and other militant groups claimed the Palace cannot invoke executive privilege as a means of withholding information on a crime committed.
Ocampo said Arroyo's order violated constitutional provisions on transparency and full disclosure in governance, and the right to information, stipulated under Section 28, Article 3 of the Constitution, and the right of people to information (Section 7).
"Threatening sanctions against officials who will testify on criminal acts of the President for their failure to secure her permission, is in violation of the constitutional provision that the President execute all laws faithfully," Ocampo said in a petition.
The Senate has been conducting a series of inquiries on various topics such as the alleged cheating committed by Arroyo to win the presidential elections in 2004, purported anomalous contract with Venable LLP, and alleged overpriced North Rail.
The Alternative Lawyers Group (ALG), a coalition of 17 alternative organizations working with the poor and marginalized all over the Philippines, also invoked the same violations in the Constitution.
In its 60-page petition for a temporary restraining order (TRO), the group accused Arroyo of hiding under the cloak of executive privilege to violate the right of people for information.
"The EO is not a valid exercise of executive privilege. It constitutes an unqualified and absolute privilege which is illegal," said lawyer Marlon Manuel, adding that the President is courting possible impeachment for implementing the order.
The lawyers' group named respondents Ermita, Defense Secretary Avelino Cruz Jr., and Armed Forces Chief Generoso Senga as respondents in the case.
Malacañang welcomed the filing of petitions challenging the validity of the order before the SC, but insisted that EO 464 is constitutional.
"We stand pat on our view that EO 464's legitimacy can be defended in any forum," said Press Secretary Ignacio Bunye, who is also presidential spokesman.
He said the question before the SC will enlighten the country on the separation of powers and the inherent authority of the Chief Executive. "Meantime, the EO remains in effect and shall be enforced," he added.
Bunye said EO 464 has constitutional basis and had a precedent in the form of a memorandum order during the Aquino administration, which clarified when officials can testify before Congress.
He said each agency that is covered by the EO should explain to its employees the contents of the order.
Bunye said EO 464 will not paralyze the operations of the Senate because it can still act on pending bills, with or without the EO.
He said the EO serves as a "reminder" to Congress to respect the prerogative of the other branches of government.
Bunye said the Senate must act first on Malacañang's request to release National Security Adviser Norberto Gonzales from detention.
"The EO has roots and there is still no remedy or solution. Kailangang mawala ang root cause (The root cause must be eliminated). There is a pending request but there is still no action or sincere move on their part. Malacañang and the Senate would be closer if there is action on their part," he added.
He said if the Senate wishes to bring the issue before the media, the Palace can answer in the same method.
Asked whether Malacañang will allow government officials to testify on the Senate inquiry on the alleged misuse of the P2 billion fertilizer fund on Thursday, Bunye said: "Abangan (Just wait and see)." (ECV/JMR/Sunnex)
(October 4, 2005 issue)
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