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Tuesday, March 25, 2008
SC favors Neri's plea on executive privilege (6:45 p.m.)
MANILA -- Voting 9-6, the Supreme Court (SC) ruled that President Gloria Macapagal-Arroyo correctly invoked executive privilege in refusing to answer three questions asked by the Senate in connection with its inquiry into the controversial US$329-million broadband project awarded to the Chinese firm ZTE Corporation.
The tribunal, now dominated by appointees of Arroyo, granted the petition of Higher Education Secretary Romulo Neri seeking to enjoin senators from compelling him to testify on confidential matters, saying doing so would be detrimental to the country's diplomatic relations with China.
Penned by Associate Justice Teresita Leonardo-de Castro, the SC ruling gave weight on the argument of Neri's lawyer Antonio Bautista that Neri's conversations with the President "dealt with delicate and sensitive national security and diplomatic matters relating to the impact of the bribery scandal involving high government officials and the possible loss of confidence of foreign investors and lenders in the country."
The decision is also anchored on technicalities ensuing from the failure of the Senate to publish its rules at the opening of the 14th Congress.
Pursuant to Section 21 of Article VI of the Constitution, the Senate or the House of Representatives or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.
Aside from de Castro, the other justices who believed that the three questions were part of privileged communications are Associate Justices Leonardo Quisumbing, Renato Corona, Dante Tinga, Minita Chico-Nazario, Presbiterio Velasco, Antonio Eduardo Nachura, Ruben Reyes, and Arturo Brion. (ECV/Sunnex)
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