Brion defies calls, won’t inhibit from SC hearing

March 18, 2008

Reacting to the calls for him to do so out of delicadeza, freshly named Supreme Court (SC) Associate Justice Arturo Brion yesterday said he will not inhibit himself from the high court’s deliberations on the petition filed by former National Economic and Development Authority (Neda) Chairman Romulo Neri challenging the Senate’s right to summon him to its probe into the multimillion-dollar National Broadband Network (NBN) deal mess.

Brion, who was Labor and Employment secretary prior to his new appointment, said as a justice of the SC, his constitutional duties include taking part in the high court’s deliberations, such as Neri’s case.

“One of the duties the Constitution mandated was for me to take part in the high court’s deliberations. After I take my oath, my critics want me to inhibit? I don’t think that’s possible,” he said.

Several of Brion’s critics, including senators, have called on him to inhibit himself from the Neri case, where the now acting Commission on Higher Education chief petitioned the SC to nullify a Senate issued arrest order on him over his refusal to return and testify in the NBN issue.

At the same time, Malacañang also said it will not ask Brion to inhibit himself from the SC’s deliberation of the Neri petition.

Deputy presidential spokesman Anthony Golez said the Palace respects the independence of the SC and it is up to Brion to decide whether he should inhibit from the hearing of the case.

“The judiciary department is very independent from the two branches of government. They are very independent. The SC magistrates have delicadeza, they know what to do,” Golez said.

Secretary to the Cabinet Ricardo Saludo, however, hit at the critics of Brion for asking him inhibit from the case, saying they are engaging in “unfair politicking.”

While most senators would not question Brion’s qualification in filling the vacancy in the SC, a number of them have raised a howl over his plan to participate in the high court’s deliberations on Neri’s case.

Citing Brion’s apparent partiality toward Malacañang as he was a former member of the official family, senators are calling on him to inhibit from the case.

Majority Leader Francis Pangilinan said delicadeza dictates that Brion should not take part in the high court’s deliberations on Neri’s petition concerning his invocation of executive privilege. The call was supported by Senate President Manuel Villar Jr.

Villar, along with Minority Leader Aquilino Pimentel Jr. and Sen. Francis Escudero, said Brion’s competence will be put to the test as he shows to the public his stand on matters such as that of the Neri case.

Said Escudero: “I hope he will come up with a separate opinion that we can expect of a new SC justice, how he thinks of the Senate. Indeed, there is basis for its (Senate) doubts and (the issue) raised by some sectors with respect to his appointme. Benjamin B. Pulta, Angie M. Rosales and Sherwin C. Olaes

source: http://www.tribune.net.ph/headlines/20080319hed4.html

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