The camp of detained former President Joseph Estrada yesterday announced he was "overjoyed" when word reached him that the Supreme Court had finally ruled against the controversial Executive Order 464, declaring its key provisions as unconstitutional.
Estrada’s spokesman, Didagen Dilangalen, said the former chief executive was deeply grateful that one of his birthday wishes had come true.
In a brief address during a birthday Mass celebrated at the St. Peter’s Church last Wednesday, Estrada spoke of his wish to see the Filipino people free, especially in the search for truth.
"President Estrada’s birthday wish has come true and he couldn’t be happier," Dilangalen revealed. "Now that the Supreme Court has decided on EO 464, the search for the truth can continue in earnest and the people can at last participate in this process," he added.
In the Senate, opposition and administration senators expressed elation yesterday over the Supreme Court decision nullifying two sections of Executive Order 464 which bars government officials from appearing before congressional inquiries without securing Palace approval.
They said military and police officers no longer have reason to invoke the executive fiat for their nonappearance in any legislative hearings as the SC declared sections barring their congressional participation without President Arroyo’s consent as invalid.
Senate President Franklin Drilon said he was glad , saying the ruling strengthened the country’s adherence to law.
"The Filipino people applaud the SC for finally declaring President Gloria Arroyo’s infamous EO 464 as unconstitutional and illegal," Drilon said, although the SC only ruled Sections 2B and 3 of the order as unconstitutional.
Section 2B of EO 464 bans senior officials of Executive departments, generals, and flag officers of the Armed Forces of the Philippines (AFP) and officers of the Philippine National Police (PNP) from appearing in any legislative hearings without first securing clearance from the President.
Moreover, Section 3 prohibits other public officials deemed by the Palace as covered by the executive privilege like diplomatic officials and other government executives from appearing before any congressional inquiries.
In its decision, the SC ruled that these sections are invalid but upheld Section 1 of the order that bans Cabinet officials from appearing before Congress as is provided for in the Constitution.
"If left unchallenged, EO 464 would have been disastrous to our democratic system of government. It is for this reason that the Senate, through a petition signed by 17 senators, brought the matter to the attention of the High Court," Drilon said.
Opposition Sen. Aquilino Pimentel Jr. extolled the SC decision, noting that it paves the way for congresional inquiries to continue legislating laws without fears that the administration will block the appearance of key government officials from the proceedings.
"I was overjoyed by the overall effect of the ruling. That means they (Malacañang and its officials) could no longer impede government officials from appearing before Senate investigations," Pimentel said.
Sen. Jamby Madrigal urged the executive department to respect the SC ruling, an observation shared by Sen. Ralph Recto. According to Recto, the decision will be useless unless the Palace respects it.
Sen. Manny Villar said, "I welcome and commend the SC decision to declare as ‘unconstitutional’ EO 464 of President Arroyo. Once and for all, the ruling will put to rest the controversies and issues surrounding the issuance of the said EO. It will also settle the chaos that it created." (with a report by Jude Galford III)
House opposition hails decision of Supreme Court
By EDMER F. PANESA
The opposition bloc in the House of Representatives led by Minority Leader Francis Escudero yesterday hailed the Supreme Court decision that struck down as unconstitutional Executive Order No. 464.
"Finally! It’s definitely positive news and an affirmation that what we have been saying and fighting for is right, correct, and in the best interest of our people," Escudero said.
Deputy Minority Leader and Bayan Muna Rep. Satur Ocampo welcomed the High Court ruling not only as victory for the petitioners but also for the Filipino people.
"The ruling is likewise a victory for the Filipino people, as it upholds their right to know what goes on in government," said Ocampo, Bayan Muna president who led the progressive party-list representatives now known as "Batasan 6," in filing the petition against EO 464 with the SC.
EO 464 bars officials from the executive department, military and police from attending legislative inquiries without President Arroyo’s consent.
Bayan Muna was joined by COURAGE and the Counsel for the Defense of Liberties in filing the petition.
Bayan Muna et al argued that EO 464 is a violation of the right of the people to know, and an abridgment of the powers of Congress.
Parañaque City Rep. Roilo Golez said the High Court decision now calls for the resumption of the investigation on the "Hello Garci" scandal.
Golez said the five committees investigating the "Hello Garci" controversy should summon anew government and Armed Forces officials and squeeze them for new information.
Cavite Rep. Gilbert Remulla said the SC decision proves that the High Tribunal is still an independent body.
Bagong Alyansang Makabayan (Bayan) also welcomed the decision.
Bayan chairwoman Carol Araullo said that Mrs. Arroyo must immediately lift EO 464 and publicly apologize for undermining and effectively denying Congress the exercise of its separate power to investigate matters vested with public interest, in aid of legislation, and as part of its oversight functions.
"More importantly, Arroyo and her defenders must stop attacking the Senate for its probes and allow the truth to come out," Araullo said.
"Senate hearings on electoral fraud, fertilizer fund scam, jueteng scandal, and other issues implicate Arroyo, her family and allies. Now that EO 464 has been declared unconstitutional, witnesses must again be heard," she stressed. (with a report by Ellalyn de Vera)
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