SC told Sec. Neri to comment on Senate bid for review

April 15, 2008

THE Supreme Court, in an en banc session in Baguio City, yesterday ordered former Planning Secretary Romulo Neri and the Office of the Solicitor General to comment on the motion for reconsideration of senators on the high court’s March 25 ruling on the issue of executive privilege.

Prior to the en banc session, 200 members of Bagong Alyansang Makabayan (Bayan), Action for Economic Reforms and Solidarity Philippines held a Truth Caravan from Dagupan City for Baguio to personally deliver an open letter to the nine SC justices who signed the majority decision.

They marched toward the Supreme Court’s summer rest house gates and were welcomed by Chief Justice Renato Puno.

The open letter, which Puno received, noted the group’s appeal for the Court to reconsider its decision on the issue of executive privilege and asked for the inhibition of Associate Justices Arturo Brion, Renato Corona and Presbitero Velasco on the Senate’s motion for reconsideration.

“We wanted to prevent a cover-up the crimes committed. We demand that the SC justices would inhibit themselves because of their tainted closeness to the people involved,” said Bayan chair Carolina Araullo.

When asked by Araullo on the possibility of a reversal, Puno said, “Who knows, we might.”

On the effect of public protest, Puno said, “Sa akin, alam ko ang epekto.”

“I hope they would have the decency to inhibit themselves, we are asking them to spare themselves from any criticism from the people,” said Fr. Joe Dizon of Solidarity Philippines.

At 3 p.m., NBN-ZTE star witness Rodolfo “Jun” Lozada joined the group at an interfaith activity at the St. Louis Center Social Hall.

The Court voted 9-6 in ruling that Neri correctly invoked executive privilege in refusing to answer three questions during the Senate’s NBN-ZTE inquiry last September.

The questions were whether President Arroyo followed up the NBN-ZTE project with him; whether he was dictated on to prioritize the NBN-ZTE project; and, whether the President told him to go ahead and approve the project after being told about the alleged bribe offer of then Comelec chair Benjamin Abalos Sr.

The Court enjoined senators from compelling Neri to testify on confidential matters, saying doing so would be detrimental to diplomatic relations with China.

ZTE Corp which was awarded the NBN project is a Chinese firm.

Chief Justice Puno, in his dissenting opinion, wrote that the presidential communications privilege cannot be used to personally benefit the President.

The respondent Blue Ribbon, defense and national security, and trade and commerce committees urged the Court to schedule another oral argument on the issue and to require Neri’s presence.

The committees said the Court’s decision “seriously strikes a debilitating blow” on the mechanism of checks and balances and effectively provided the executive department with a simple, ready and expedient tool to resist legitimate legislative inquiry. – With Randy Nobleza and Ellen Tordesillas

BY EVANGELINE DE VERA

source: http://www.malaya.com.ph/apr16/news4.htm

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