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Saturday, February 02, 2008
Neri asks Supreme Court to stop arrest
MANILA -- Commission on Higher Education (Ched) chairman Romulo Neri on Friday filed a supplemental petition asking the Supreme Court (SC) to restrain the Senate from enforcing his arrest.
Last Wednesday, respondent Senate committees on accountability of public officers, trade, national defense and Blue Ribbon issued an order for Neri's and Philippine Forest Corporation (PFC) president Rodolfo Noel Lozada's arrest, with 13 senators signing the contempt citation and arrest order.
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In his petition, Neri, in his capacity as former director general of the National Economic and Development Authority (Neda), said the respondent gravely abused their discretions when they jointly ordered his arrest for his failure to appear during the scheduled hearings on September 18, 20, October 25 and November 20 last year.
Neri asked the high court to enjoin through a temporary restraining order (TRO) the respondent Senate committees on accountability of public officers, trade, national defense, and Blue Ribbon, citing as grounds the pendency of his petition for certiorari before the SC.
After hearing the petition, Neri asked the tribunal to rule annulling the arrest order, which he said has another "vice," such that it punishes for supposed contempt despite the non-publication of the rules of respondent committees.
He said the order for his arrest preempted the SC's action on his original petition and, with a touch of arrogance, disrespected the court, a coordinate and co-equal branch of government.
"The gross arbitrariness of respondents' order of arrest is patent on its face. This order of arrest eludes, and sidesteps, the President's (Gloria Macapagal-Arroyo) invocation of executive privilege in behalf of petitioner," he said through lawyer Antonio Bautista.
"Quite clearly, respondent committees would lord it over two co-equal branches of government, to wit, the President and the Supreme Court," he added.
Neri insisted that he did not commit any acts of contempt when he failed to appear during the September 18, 20 and October 25, 2007 hearings because he was then out-of-town.
Neri claimed that he compensated for his absences by testifying on September 26.
However, his non-appearance on November 20, 2007 was "by order of the President," invoking executive privilege. He said he had, in obedience to respondents' show-cause order, personally explained his non-appearances.
The Ched chief appealed for "peace of mind" and a space away from the troubles caused by his refusal to attend the Senate inquiry and tell more about the questionable ZTE-NBN deal.
He asked the Senate to stop calling him a fugitive, saying he had already told lawmakers what they want to hear from the allegedly graft-ridden deal.
"I feel bad because I'm treated like a criminal. Please reconsider your decision. I'm not a criminal. I've done nothing wrong. I've cooperated with them. I've testified before them but like what I said I couldn't really answer confidential information...because it's covered by the executive privilege," he said.
Neri testified for more than 12 hours last year at the Senate where he pointed at former Commission on Elections (Comelec) chairman Benjamin Abalos Sr. as the one who tried to bribe him in exchange for favoring the Chinese firm ZTE Corp. in the deal.
He said his earlier testimony should have been enough for the lawmakers.
At the same time, Neri said the ongoing effort to arrest him is sending a bad signal to the public especially the country's youth that those who cooperated with and squeal on allegedly anomalous projects entered into by the government could end up like him.
"I'm pleading with the Senate to reconsider its decision. To our lawmakers please send the right message to our people and our children," he added.
He said instead of him, the Senate should go after those who received the bribe money in the deal although he refused to name names.
Meanwhile, Malacañang urged the Senate to let the SC resolve the petition for certiorari filed by Neri on the arrest warrant issued against him.
"We would like to appeal to the Senate give the SC a chance to decide on this petition. It's a pro-forma move but the decision is with the SC. There is no harm in waiting for a few days," Press Secretary Ignacio Bunye said.
Bunye, who is also the Presidential spokesman, said Neri felt that he should no longer attend the Senate hearings because he has already "exhaustively testified" before its committees and he has "nothing more to add." (ECV/AH/JMR/Sunnex)
For more Philippine news, visit Sun.Star General Santos. (February 2, 2008 issue)
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