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Saturday, April 22, 2006
'No witch-hunt' in Congress hearings, opposition vows
MANILA -- Following the Supreme Court ruling that the banning of cabinet and military officials from Congress inquiries was unconstitutional, the House minority bloc allayed fears that the hearings would again be used for political witch-hunting.
House Minority Leader Francis Escudero said executive branch officials should not fear any investigation or inquiries conducted either by the House or the Senate "if they would just tell the truth."
Escudero said government officials should even use congressional investigations to air and present their sides on various controversies that hound the administration of President Gloria Macapagal-Arroyo.
Arroyo had welcomed the high court's decision.
The SC, voting 14 to 0, ruled Thursday against Sections 2(b) and 3 of Arroyo's Executive Order 464. The sections barred government, military, and police officials and personnel from appearing in Congressional hearings without the permission of the President.
The court said the provisions were struck down because it frustrated Congress's ability to conduct inquiries in aid of legislation.
However, the SC upheld the authority of the President to stop the appearance of Cabinet officials during the so-called "Question Hour" in Congress.
The SC further said the power to invoke executive privilege -- the right of the President to withhold information on presidential conversations, correspondences and discussions in closed-door Cabinet meetings -- should be limited to the President or to the Executive Secretary, but not to other Cabinet officials.
Press Secretary Ignacio Bunye, who is also presidential spokesman, said although the SC declared Sections 2(B) and 3 of the EO illegal, it still recognized the principle of executive privilege.
Bunye added that Malacañang is not worried that legislative inquiries would be resurrected after the ruling, since they were eventually able to make a point and the parameters in the conduct of inquiries had been laid out properly.
"We appreciate the fact that the Supreme Court has now laid down the parameters under which inquiries in aid of legislation can no longer be abused and turned into inquiries in aid of libel, power play, grandstanding, or destabilization. The executive branch has made its point," he said.
He also said they are just hopeful that parties affected by the order would comply with the parameters.
Escudero said congressional investigations should be used as opportunities to explain and clarify matters instead of branding them as attempts to destabilize the government.
House Deputy Speaker for Mindanao Gerry Salapuddin and Cebu City Representative Antonio Cuenco, chairman of the House committee on foreign affairs, said the ruling would embolden anti-Arroyo legislators.
They claimed that the opposition in the Senate and the House are already preparing to give the Arroyo administration a headache using congressional inquiries.
Cuenco called on opposition lawmakers to be more circumspect and not use Congress as a tool for political wrangling with the Palace.
"Let's leave the proceedings of both Houses for more productive legislations. Let's respect the rights of every government official asked to face an investigation. There are many ways of skinning the cat, so we shouldn't bully our invited guests," Cuenco added.
Chief Justice Artemio Panganiban said no political pressure came into play in the SC's decision invalidating several provisions of EO 464.
In a chance interview during the launching of the Judicial and Bar Council's website at the SC Session Hall, Panganiban said the SC's decision was not a "win-win" attempt to please either Malacañang or the 17 senators who filed the petition against the controversial order.
"(There's) no political pressure of any sort. The only winner here is justice. We decided based on what the Constitution mandates and on the basis of law. We are not particular on who lost or who won," Panganiban told reporters.
He said the government, through Solicitor General Eduardo Nachura, has 15 days within which to file its motion for reconsideration
In light of the SC ruling, six party-list legislators filed a resolution directing the committees on national defense and security and on suffrage and electoral reforms to conduct an inquiry on the Mayuga Report.
Party-list Representatives Teodoro Casiño, Satur Ocampo and Joel Virador of Bayan Muna, Crispin Beltran and Rafael Mariano of Anakpawis and Liza Maza of Gabriela filed the resolution just a few hours after learning of the SC ruling.
The resolution, which is expected to be signed by other members of the opposition, directed the two committees to compel Navy Chief Mateo Mayuga to present his findings and all pertinent documents related to his investigation on four generals linked to massive electoral fraud during the 2004 presidential elections. Mayuga cleared the four of poll-rigging charges. (DBP/JMR/ECV/MSN/Sunnex)
(April 22, 2006 issue)
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