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Wednesday, February 06, 2008
SC stops Senate arrest order for Neri
MANILA -- The Supreme Court (SC) issued a status quo ante order effectively stopping the Senate committees investigating the scrapped US$329 million broadband deal from arresting Commission on Higher Education (Ched) chairman Romulo Neri.
Neri has gone into hiding following the issuance of an arrest warrant dated January 30, 2008 by respondent Senate committees on accountability of public officers and investigations (Blue Ribbon), trade and commerce, and national defense and security, for his failure to appear in several scheduled hearings on the case.
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In a resolution, the SC also directed respondent Senate committees to comment within 10 days on Neri's supplemental petition questioning the legality of the arrest warrant, which was signed by 13 senators.
"Acting on the supplemental petition for certiorari with urgent prayer for temporary restraining order (TRO)/preliminary injunction, the court resolved without giving due course thereon to require the parties to observe the status quo prevailing prior to the order dated January 30, 2008," the SC ruled.
The magistrates further set the case for oral arguments on the merits of the case on March 4, 2008 at 1:30 p.m. at the new session hall of the SC.
On Friday, Neri, in his capacity as former director general of the National Economic Development Authority (Neda), filed a supplemental petition asking the tribunal to restrain the Senate from arresting him.
The arrest warrant was issued following a citation for contempt in connection with his failure to testify during the chamber's investigation on the alleged anomalous National Broadband Network (NBN) deal entered by the government with the Chinese firm ZTE Corp., which were allegedly brokered by several officials, including resigned Commission on Elections (Comelec) chairman Benjamin Abalos Sr. and First Gentleman Jose Miguel "Mike" Arroyo.
Neri said the order for his arrest preempted the SC 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 elides, and side-steps, the President's invocation of executive privilege in behalf of petitioner," he said.
Neri insisted that the Senate panels 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.
He claimed that he failed to appear on the hearings of September 18, 20, and October 25, 2007 because he was then out-of-town, but 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.
On January 30, respondent Senate committees issued an order of his arrest, with 13 senators signing the contempt citation and arrest order.
On the same day, Neri wrote the committees and Senator Manuel "Manny" Villar Jr. to reconsider their decisions, citing as ground the pendency of his petition before the high court.
Neri expects to return to work by Wednesday after the SC issued a TRO on the directive of the Senate to arrest him.
He said: "The Supreme Court decision is a triumph of the rule of law. I hope to go back to work Wednesday."
Press Secretary Ignacio Bunye and Presidential Management Staff director Cerge Remonde both said the action of the SC was timely, believing the arrest order was a grave injustice to Neri.
"We have always maintained that Secretary Neri has already exhaustively testified on a project that has long been cancelled. There was no point subjecting him to further inquisition by the Senate committee," Bunye said.
Remonde added that the SC action is a vindication of Neri whom he described as a "true patriot and a dedicated public servant." (ECV/JMR/Sunnex)
For more Philippine news, visit Sun.Star Bacolod. (February 6, 2008 issue)
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