|
Monday, March 31, 2008
Cabinet to invoke SC ruling on executive privilege: Ermita
MANILA -- Executive Secretary Eduardo Ermita said Cabinet officials will be invoking the Supreme Court (SC) ruling requiring the publication of rules of procedures before appearing in any of the congressional inquiries, particularly in the Senate.
Ermita, in a press briefing at the Aplaya Resort in Calatagan, Batangas, said the SC, voting 9-6, ruled that Section 21 of Article VI of the Constitution requires the publication of the ground rules or rules of procedures that would be observed in the conduct of inquiries.
Supreme Court's decision on Ched Secretary Romulo Neri petition invoking executive privilege
The 14th Congress, despite its conduct of several inquiries, has yet to publish its rules of procedures.
"I think what we should do is to tell the Cabinet members that they can invoke that (SC ruling), anyway, before they attend the hearings, they consult us," Ermita said.
Ermita said due to the lack of publication of procedures, all the hearings conducted by the Senate "can be considered constitutionally infirm."
Citing opinion drafted by his legal team, he said unless the Senate complies with the constitutional requirement of publishing its rules of procedure, all its inquiries can be considered "invalid."
"This ruling means that all the proceedings of the 14th Congress in relation to the national broadband network (NBN)-ZTE deal hearing, as well as other hearings, are constitutionally infirm. They are null and void," the legal opinion stated.
It added that rationale for the publication of rules is to "inform the public of rules which may have an impact on his person, property or liberty. It is basically a requirement of due process."
It added that such requirement aims to forewarn a person of possible adverse decisions against them, like being declared or charge with contempt, "and the only way for the public to be informed of said rules is by publication."
Ermita also questioned the issuance of an arrest warrant by the Senate against former planning secretary now Commission on Higher Education chairman Romulo Neri, stressing that based on the high court's ruling, only the courts can issue a warrant of arrest.
"If there is a warrant of arrest, then there should be preliminary investigation to determine probable cause. There is no such procedure in the Senate," he said.
He declined to ask the Senate to resolve the questions on publications believing that they would act accordingly after the SC decision.
He, however, called on them to respect the High Court's decision on executive privilege, which is a "quintessential and non-delegable presidential power."
"The presidential communications privilege may be overcome by a showing of specific adequate need for information which is unavailable elsewhere. With Neri's case resolved, the Cabinet looks forward for a more mutually respecting engagement with the Senate in the crafting of necessary legislation needed for our country," Ermita said.
Meanwhile, the United Opposition (UNO) asked Chinese Premiere Wen Jiabao to immediately suspend all dealings with the Arroyo administration in order to what they said "to preserve China's standing in the international community."
The request was contained in a letter that UNO president and Makati Mayor Jejomar Binay sent to the Chinese premiere through Ambassador Song Tao.
"We urge his Excellency (Wen Jiabao) to cause the immediate suspension of all present dealings with President Gloria Macapagal-Arroyo and her administration. We believe that a policy of temporary disengagement by Chinese companies from the present Philippine leadership will preserve the good standing and reputation of the People's Republic of China before the global community, and should likewise further promote the good relations between our two countries," said Binay in the letter.
He said while the opposition recognizes the assistance provided by the Chinese government to the Philippines over the years, a series of scandals involving the present administration have put in a bad light Chinese firms undertaking several high-profile projects in the country.
"The administrations of Mrs. Arroyo has been under severe pressure lately in trying to answer charges of various corruption cases that unfortunately, involve companies based in the People's Republic of China," Binay said.
Among the projects the opposition has cited aside from the NBN-ZTE deal were the P26.48 billion Cyber-Education project and the multimillion-dollar project for the North and South Rail projects. (JMR/AH/Sunnex)
For more Philippine news, visit Sun.Star Manila. (March 31, 2008 issue)
Write letter to the editor. Click here. |
|
|
|
[return to top]
[home]
|
|
Davao to 'hoard' rice if shortage happens