SC’s decision on Neri: ‘A historic blot on democracy, truth, justice’ - SENATE

March 25, 2008

Senators yesterday said they were saddened by the Supreme Court decision upholding Higher Education chairman Romulo Neri’s invocation of executive privilege in the hearings on the national broadband deal.

“This is unfortunate… We respect the decision of the SC but it has to be said that those three questions that magistrates said should not be asked are the same questions that are left hanging in the people’s minds,” Senate President Manuel Villar said.

“(The decision) is a historical blot on the nation’s cherished tenets of democracy, truth and justice,” he said.

Following its “victory,” Malacañang, through Press Secretary Ignacio Bunye, said the Senate and the Executive should draw up acceptable guidelines or rules on the appearances of resource persons, including those from the Executive branch, to ensure that their rights would be upheld and protected during the conduct of legislative inquiries.

Senate Minority Leader Aquilino Pimentel Jr. said the decision was “terrible”

“(The decision) allows cover-up of crimes in the guise of executive privilege. It is unprecedented,” he said in a text message.

“Senate should consider folding up,” he said, considering that the ruling practically emasculated the Senate.

Senate majority leader Francis Pangilinan said he would work for the filing of a motion for reconsideration.

He said he would also move that Neri be subpoenaed again.

“If he refuses to speak up without justifiable grounds I will move that he be cited in contempt of the Senate and detained. We will not allow this legal setback to prevent us from seeking the truth,” he said.

“This legal setback is temporary and we intend to correct and remedy the situation by legally asserting our prerogatives as a co-equal. As a co-equal to the judiciary and the Supreme Court, the Senate will not allow interference in purely legislative matters by other branches of government and we will assert our constitutional status as a co- equal,” he said.

“We disagree with the SC decision and consistent with the Constitution and the rule of law we will act accordingly to assert our position as we seek the truth behind the ZTE NBN deal. It’s very simple and it’s most unfortunate that the majority in the SC didn’t see it in that way; that the people deserve to know whether or not the President acted unlawfully after having been informed that the ZTE NBN deal then under negotiations was tainted with unlawful and illegal acts. I don’t see how executive privilege can be allowed under these circumstances,” he said.

Deputy presidential spokesman Anthony Golez denied that Malacañang influenced the High Court in favoring Neri’s petition, stressing the independence of the justices, no matter who appointed them.

Neri said he was “pleased” by the ruling.

He did not elaborate, adding he will let his lawyers see first the full text of the SC ruling.

The Alliance of Concerned Teachers (ACT) lamented the decision.

“We are disappointed with the decision. But since it came from the Supreme Court and they are the final arbiter of what is constitutional… wala na tayo magagawa doon,’’ ACT chairperson Antonio Tinio said.

“But Malacañang should not take this decision to mean that the President has no responsibility to make an accounting of her actions to the public,’’ he added.

Tinio said the public cannot be prevented from continuing to pressure Mrs. Arroyo from answering the three questions, which the tribunal said are covered by executive privilege.

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