Senators seek time on compromise over Neri appearance

March 4, 2008

SENATORS last night asked the Supreme Court for time to come up with a consensus on a proposal that Higher Education chair Romulo Neri appear before the national broadband inquiry on the condition he not be asked three questions earlier submitted by the Senate.

The three questions were: (1) Did the President have any interest in the NBN project? (2) Did the President order Neri to prioritize the NBN? and (3) Did she order the continuance of the project despite his allegations of bribery?

Sen. Mar Roxas, chairman of the committee of trade, said he could not decide for the members of his committee and of the two others – Blue Ribbon and national defense – which are undertaking the joint inquiry.

Chief Justice Reynato Puno, during the oral arguments on Neri’s petition that the arrest order issued by the panel be voided, raised the possible compromise six hours after the hearing started at 1:30 p.m.

The hearing was going on at press time.

The magistrates grilled Antonio Bautista, counsel of Neri, on whether he correctly invoked executive privilege to avoid disclosing matters that may impair national security, and diplomatic and economic relations with China.

Neri, who was absent during the oral arguments, filed his petition in his capacity as former director general of the National Economic Development Authority, which approved the NBN-ZTE broadband project, to stop the Senate from implementing the warrant for his arrest following a contempt citation issued by the Senate tri-committees investigating the NBN fiasco.

Bautista said the Senate committees on national defense, trade and the Blue Ribbon were guilty of “legislative tyranny” on insisting that Neri answer questions on his conversations with the President during the legislative inquiry on the ZTE deal last September.

Neri told the Senate probers that he informed President Arroyo of the attempt of former Elections chair Benjamin Abalos Sr. to bribe him with P200 million to approve the NBN-ZTE deal.

He refused to answer questions about his conversations with the President by invoking executive privilege.

Bautista said revealing the content of the privileged communication will likely “open the President to condemnation.”

Bautista said the conversations between Neri and the President “dealt with delicate and sensitive national security and diplomatic matters relating to the impact of bribery scandal involving high government officials and the possible loss of confidence of foreign investors and lenders in the Philippines.”

He reiterated that any future appearance before the Senate should first be preceded by moves of the Senate to “send their questions in advance,” pointing out that under the present set-up, “any senator can ask any question under the sun.”

Upon interpellation by Associate Justice Antonio Carpio why Neri thought that some military secrets that might adversely impact on national security, Bautista said this was just an assumption since the Senate committee on national defense was involved in the investigation.

Bautista said that privileged communication would be rendered inutile if not honored by the senators. At one point, he added that not all dealings of the President can be made public, and revealing the privileged communication to the public would be an embarrassment, like washing dirty linen before other countries.

“You don’t want the President to rule in a fishbowl, isn’t that what transparency means? The President can’t operate in that manner. Transparency is not absolute, just like freedom of the press,” he said, adding that details of the transactions regarding the ZTE deal “would affect our friendly relations with other governments.”

But Carpio pursued his questioning by asking if it was not part of the Senate’s inherent powers to investigate the alleged bribery in the NBN contract, even if it involved Chinese officials.

“How should we weigh between public disclosure (of the privileged communication) or to protect the Chinese officials? Should we protect diplomatic relations as against public interest?” Carpio said.

“Is there anything legally or morally wrong if the President follows up with Neri on the project, being the chair of the NEDA Board? If not, then why is Neri afraid?” the justice added.

Associate Justice Adolfo Azcuna, citing the constitutional provision on the accountability of public officers, noted that “public officers are at all times accountable to the people” and that “in case of doubt, the SC will rule in favor of transparency.”

NO ASPECT

Puno also downplayed the arguments of Neri’s counsel that he is entitled to resort to executive privilege, pointing out that there was no aspect in the scuttled NBN contract that directly involved national security and diplomatic relations, or if it was ever referred to the Department of National Defense or Department of Foreign Affairs prior to its approval.

Puno asked Bautista’s co-counsel Paul Lentejas how revealing the questions posed by the Senate could “debilitate” the President if indeed the project was aboveboard.

COVERING UP

Prior to the oral arguments, Roxas said Neri appears to be covering up for the President in invoking executive privilege.

“Palagay ko hindi ito sakop ng executive privilege. Si Secretary Neri mismo ang nagsabi na sinabi niya sa Pangulo na mayroong nagsuhol sa kanya ng P200 million. Ang Pangulo rin mismo, noong nakaraang linggo, ay nagsabi na may dumating sa kanyang report ng anomalya dito sa ZTE-NBN project na ito. Kaya wala sa military o kaya sa diplomasya ang kaugnay nito. Ito lamang ang isang pagtatakip sa isang anomalya, sa suhulan,” he told reporters.

Solicitor General Agnes Devanadera insisted there was no contumacious act committed by Neri in not attending the Senate hearings.

Devanadera was not asked by the SC to join the oral arguments on behalf of government.

SCRAP EO 464

Executive Secretary Eduardo Ermita said the Palace legal team deliberating the proposed revocation of Executive Order 464 will give their recommendations to President Arroyo first before meeting with representatives of the Catholic Bishops Conference of the Philippines “within the week.”

Ermita, in an interview, said the team would want the President to be abreast of the recommendations of the Catholic bishops on EO 464 and their legal implications.

He said the legal team would also brief the bishops on the reason for the issuance of EO 464.

Administration Sen. Juan Miguel Zubiri joined Sen. Loren Legarda in the call of the CBCP for the scrapping of EO 464.

Zubiri said critical investigations have not pushed through as officials invoke EO 464 to refuse appearing and responding during Senate inquiries such as on the ZTE-NBN deal.

Legarda said: “With all due respect to the Supreme Court, nothing less than a declaration of EO 464 as unconstitutional will suffice to allow Congress to fulfill its mandate to craft meaningful laws after conducting public hearings and investigations.”

Senate President pro tempore Jinggoy Estrada said if President Arroyo has nothing to hide, she should revoke EO 464 and allow Cabinet members to appear in Senate’s ZTE inquiry. – With Regina Bengco and JP Lopez

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