Palace mulls executive privilege for Poblador

March 16, 2008

Even as the Catholic Church steps up the pressure on President Arroyo to come clean by allowing government officials to tell all on the anomalous National Broadband Network (NBN) contract, Malacañang said yesterday it may invoke “executive privilege” to prevent Mrs. Arroyo’s personal confidante Remedios “Medy” Poblador from being summoned to the Senate.

Poblador was named by Sen. Panfilo Lacson as the person NBN witness Leo San Miguel was talking to and was given an assurance by San Miguel to deny knowledge of details about the NBN contract raised in the Senate inquiry.

Chief Presidential Legal Counsel Sergio Apostol said on the phone that although Executive Order 464 and Memorandum Circular 108, which are called gag rules since these effectively prevent officials from attending legislative inquiries by requiring them to seek approval from the President before appearing in the hearings, were revoked the executive privilege is provided for under the Constitution.

“We might use that (executive privilege),” he said.

Novaliches Bishop-emeritus Teodoro Bacani asked Mrs. Arroyo, through an appeal on the Web site of the Catholic Bishops Conference of the Philippines (CBCP), to remove all barriers to the discovery of the truth behind the broadband deal.

Arroyo hasn’t yet directed her officials to speak out “no matter who gets hurt, no matter who is involved,” the prelate said.

Speaking at the Friday Interfaith rally organized by several schools of Metro Manila and militants, he said, “We are waiting for that.”

The rally was held to call for Arroyo’s resignation Friday in the third mass protest in a month over corruption allegations implicating her and her husband who have denied the allegations.

The Senate has been inquiring on allegations that Arroyo, her husband First Gentleman Jose Miguel Arroyo and former Commission on Elections (Comelec) Chairman Benjamin Abalos Sr. have arranged huge kickbacks from the cancelled $330-million deal with China’s ZTE Corp. to set up a nationwide broadband network.

Several Roman Catholic bishops and dozens of priests and nuns critical of Arroyo joined the rally at a park in central Manila, the Liwasang Bonifacio. Organizers said about 10,000 participated at the rally, but police said it was 6,000.

Educational institutions, civil society groups, church movements, business associations, and other have been clamoring for seeking truth, accountability and transparency in government since the NBN deal was brought to light.

A pastoral letter signed by Manila Archbishop Gaudencio Cardinal Rosales and other Metro Manila bishops denounced corruption in the Arroyo government but warned against removing President Arroyo from power.

Apostol said the Palace is waiting for the Supreme Court decision on a case filed by former Socio-Economic Planning Romulo Neri against the Senate’s powers to compel government officials to testify in legislative inquiries. The awaited decision is expected to set parameters on executive privilege.

“If they (Senate) invites Poblador before the Supreme Court decision on Neri comes out, she may invoke executive privilege,” he said.

Apostol said Poblador had done nothing wrong as the president’s secretary for special concerns, adding he cannot understand why the senate was so interested on her.

“I don’t know why the senate is so interested on Mrs. Poblador since she just serves food to people who visits the Palace,” he said.

Apostol also sees nothing wrong in Poblador’s phone number being in the phonebook of Presidential Legislative Liaison Office’ legal consultant, Marcelino Agana IV.

“They ( Agana and Poblador) could only be personal friends and not anything else as what our critics were alleging. Our president does not interfere in the internal affairs of the Senate. There is no truth to Sen. Lacson’s allegations,” he said.

The pastoral message would be read in today’s Palm Sunday masses.

“Shamefully we have been known to be a nation whose prime industry has been identified as politics simply because politics is the main route to power, which, in turn, is the main to wealth. In this country people use politics to get money, and more politics to protect more money,” the bishops said in the pastoral statement entitled “ Towards a morally rebuilt nation.”

The joint statement was signed by Manila Archbishop Gaudencio B. Cardinal Rosales, Cubao Bishop Honesto Ongtioco, Paranaque Bishop Jesse Mercado Caloocan Bishop Deogracias Iniguez, Pasig Bishop Francisco San Diego, Antipolo Bishop Gabriel Reyes, Novaliches Bishop Antonio Tobias, Malolos Bishop Jose Oliveros, San Pablo Bishop Leo Drona, Imus Bishop Luis Antonio Tagle, Puerto Princesa Bishop Pedro Arigo, Taytay Bishop Edgardo Juanich, military ordinariate Bishop Leopoldo Tumulak, Antipolo Bishop Francisco de Leon, Manila auxiliary bishops Broderick Pabillo and Bernardino Cortez.

“Corruption radically distorts the role of representative institutions, because they become an arena for political bartering between clients’ requests and governmental services. In his way political choices favor the narrow objectives of those who posses the means to influence these choices and are an obstacle to bringing the common good of all citizens,” the bishops said.

They added, “As an injustice to the Government and people graft and corruption are against the Seventh Commandment and have the added element of betraying one’s country.”

Malacanang welcomed the pastoral letter denouncing corruption in government, saying it should be a “guide” for civil servants.

Deputy Presidential Spokesperson Lorelei Fajardo said “the reminder of the good bishop(s) is very much welcome. It should guide everyone, especially civil servants, who should remain faithful to the people.”

She also said Mrs. Arroyo “is committed more than ever to fight graft and corruption.”

“In the meantime, we remind the critics of the President of the 9th commandment, ‘Thou shall not bear false witness against they neighbor,’” she added.

Around 16 senior Catholic leaders led by Cardinal Gaudencio Rosales, archbishop of Manila, said in a pastoral letter that “in whatever form it takes, the practice of corruption is both immoral and unjust.”

Although the bishops rallied against government corruption, they said ousting the President by force would be wrong.

“Many are critical of the present governance particularly in the areas of truth and justice. But we can restore truth and justice without resorting to violence and hatred,” they said.

Deputy Presidential Spokesman Anthony Golez, on the other hand, said the entire bureaucracy of this government is leading the campaign against graft and corruption for which we are now gaining grounds as evidenced by the Millennium Challenge Account report.

Golez was referring to the Philippines’ eligibility for a compact or grant from the US Millennium Challenge Corporation (MCC) that monitors good governance in various countries.

“We urge our people to be steadfast and supportive to the different anti-corruption programs of the government in order to finally rid the problems that are hounding our nation and our people,” he said.

By Sherwin C. Olaes

source: http://www.tribune.net.ph/headlines/20080316hed1.html

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