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Wednesday, April 09, 2008
Senate appeals ruling on Neri case
MANILA -- Senators on Tuesday filed their appeal before the Supreme Court (SC) to reconsider its decision on the case of Commission on Higher Education (Ched) Romulo Neri.
The Senate criticized the majority ruling of the SC on the claim of executive privilege by Neri on the botched national broadband network (NBN)-ZTE deal, calling it a "dangerous and chilling decision."
Arroyo Watch: Sun.Star blog on President Arroyo
On March 25, the SC ruled that Neri can invoke executive privilege and that he cannot be compelled to answer three questions, which the Senate feels crucial in its inquiry on the controversial broadband project.
Related story:
SC rules Neri can invoke executive privilege
In a motion for reconsideration, the respondent Senate committees on accountability of public officers and investigations, trade and commerce and national defense and security insisted that the assailed March 25 decision of the SC has far-reaching emasculating results on other legitimate inquiries into executive agreements or contracts involving public funds.
The Senate committees urged the court to schedule another oral argument on the issue and require Neri's presence. The respondent committees suggested that the oral argument could be held in camera or behind closed-doors.
The high court is set to deliberate on the motion for reconsideration during an en banc session in Baguio City on April 15.
"The Neri decision did not, by any stretch of one's imagination, contribute to the fight against graft and corruption. Rather, it directly makes the executive less transparent and weakens government accountability," the Senate said.
Already, the senators noted, that there is a serious public perception that a "pattern of concealment" by executive officials in many legislative investigations exists, while the dangers of abuse of executive privilege by the executive branch have significantly increased.
They added that the perpetuation of the Neri ruling would cause the lingering impression that the SC has lost its independence.
"And with all due respect to incumbent Honorable Chief Justice Reynato Puno who wrote a highly enlightening, if not perfect, dissenting opinion, the question may be truly asked: will this Court be known essentially as the 'Arroyo Supreme Court?' Where majority of the justices swayed by the propaganda for the President (Gloria Macapagal-Arroyo)?' Harsh as they may sound, the perception is very serious," the Senate said.
They added that the Neri decision "seriously strikes a debilitating blow" to the mechanism of checks and balances among the three departments of government, which is designed to ensure the continued survival of a living and growing republican state.
Senators said the Neri decision effectively provided the executive department with a simple, ready, and expedient tool to resist legitimate legislative inquiry after the SC legitimized the mere presentation by the executive department to the Senate of a letter invoking executive privilege.
If not corrected, the Neri decision could "effectively turn executive privilege into a refuge for scoundrels," the respondent committees warned.
"When secrecy is invoked amid accusation of corruption, it is nothing but a tool for a criminal cover-up. If allowed to become final, it (decision) could result in a democracy of kept secrets buttressed by the Neri jurisprudence," they said.
The committees also lashed at the majority of justices who voted to grant Neri's petition, saying these magistrates turned a blind eye to facts which are of record and disregarded settled jurisprudence, and took Neri's representations at face value and adopted his position "hook, line and sinker."
The senators insisted that they did not commit grave abuse of discretion in citing Neri for contempt and warrant for his arrest, and that these were issued in accordance with the Senate's internal rules, which were duly published.
The Senate committees also argued that by answering the three questions, Neri will not impair the country's economic and diplomatic relations with China as ZTE being the NBN project's contractor is just a private corporation.
The three questions were: Did the President follow up the NBN-ZTE project with Neri; whether he was told by the President to prioritize the NBN-ZTE project; and, whether the President told him to go ahead with the project after learning of the massive bribe offer. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Pangasinan. (April 9, 2008 issue)
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