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Wednesday, April 09, 2008
Palace opposes Senate's plan to seek inhibition of 3 justices (1:42 p.m.)

MANILA -- Malacaņang said it doesn't see any ground for the inhibition of three Supreme Court (SC) justices from acting on the Senate's motion for reconsideration on the March 25 ruling, upholding the petition of former Planning Secretary Romulo Neri to invoke executive privilege.

Deputy presidential spokesman Anthony Golez said the Senate should prove that there is a basis for their motion because the Rules of Court provide grounds for the inhibition of an SC justice from participating in a case.

"The most important thing is that their (senators) motion should be well grounded, and until now, we have not seen one. Nevertheless, we leave this to the wisdom of the magistrates," Golez said.

Deputy presidential spokeswoman Lorelei Fajardo said while the Senate just availed of a legal remedy in filing an appeal, it also means that the three justices whose inhibition is being sought could also be deprived of their legal right to participate in the deliberations.

Fajardo said the Senate should respect the decision of the SC and look at the majority opinion instead of focusing on the dissenting opinion.

Chief presidential legal counsel Sergio Antonio Apostol said the Senate should stop insisting that the executive branch of government has no executive privilege.

He said the senators are just investigating "in aid of reelection," not in aid of legislation.

Senators have filed before the SC their appeal for the high tribunal to reconsider its decision favoring the exercise of executive privilege by Neri.

The Senate wants Associate Justices Arturo Brion, Renato Corona and Presbitero Velasco to inhibit themselves from participating in the deliberations for the motion for reconsideration on the March 25 ruling allegedly due to their close ties with President Gloria Macapagal-Arroyo and Neri.

Brion, Arroyo's labor secretary, is the latest appointee to the high court.

Corona is a former chief of staff of Arroyo, while Velasco is perceived as "rabidly" pro-Arroyo and had been reported as a golfing buddy of Neri. (JMR/Sunnex)



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