The majority of the senators the other day decided against accepting a proposal of the Supreme Court aimed at resolving the impasse on the refusal of former Socio-Economic Secretary Romulo Neri to appear before three Senate committees and answer questions on the controversial $ 329-million National Broadband Network (NBN) telecommunications contract.

The senators do not agree with the compromise formula because they do not like to prejudice the constitutional duties of future senators, and fear that it might be used against the Senate in the future, he added.

Under the compromise formula, Neri would appear before the senators, who would ask him all the questions they want. Questions which Neri would refuse to answer would then be submitted to the Supreme Court which would then rule on whether they fall under the coverage of the principle of executive privilege as laid out in Executive Order 464.

Villar met with Chief Justice Puno at the Supreme Court building on Padre Faura St., Ermita, yesterday morning, following a closed-door caucus of senators last Wednesday night, where Sen. Manuel Roxas II, president of the Liberal Party (LP), opposed the majority decision. Yesterday, Senator Roxas asked his colleagues "to re-assess their decision."

Senate President Villar said: "Sinabi ko lang kay Supreme Court Chief Justice na hindi naman kawalan ng paggalang iyon. Talaga lamang naniniwala ang Senado na ang kanyang ginawa ay naayon sa Konstitusyon (I told the Chief Justice that the rejection does not mean disrespect. The Senate just wants to make sure that what he (Neri) did was according to the Constitution)."

The Senate chief said he thinks the Supreme Court will issue in "one to two months" its decision on the petition of Neri who refused to return to the Senate and answer more questions on the NBN contract.

Villar stressed that the Supreme Court has always been fair in its decisions and would continue upholding the Constitution.

After revoking her controversial Executive Order No. 464 that had barred her Cabinet officials and other top government officials from appearing in congressional hearings without her prior consent, President Arroyo should show sincerity by ordering her officials to appear in congressional hearings, tell the truth, and not to avail themselves of executive privilege, Villar said.

"This is beyond Neri or the ZTE. This is the Senate and its constitutional powers and duties," Villar said.

Villar said the Senate’s three committees looking into the NBN case -–Blue Ribbon led by Sen. Alan Peter Cayetano, Trade and Commerce by Senator Roxas, and Defense by Sen. Rodolfo G. Biazon — will resume their joint hearing on Tuesday, minus Neri as the Senate has to wait for the Supreme Court’s decision on Neri’s petition questioning the legality of the Senate’s order seeking his arrest.

Villar said the committees have sent subpoenas to a group identified by another witness, Dante Madriaga.

This group reportedly had a hand in the NBN contract with a promise of commissions amounting to millions of dollars. It is allegedly composed of retired police Gen. Quirino de la Torre, Jimmy Paz, Leo San Miguel, and Ruben Reyes.

Also subpoenaed were Yu Yong, ZTE president, and Fan Yang, ZTE vice president for finance.

The first witness, Engineer Rodolfo Lozada Jr., had testified that former Commission on Elections (Comelec) Chairman Benjamin Abalos had worked for the perfection of the contract and that Abalos had told him that he should protect his (Abalos’) expected 0-million commission.

It was Neri, according to Lozada, who had asked him to "moderate the greed" of those involved in the deal.

During Supreme Court hearing the other day, it was brought out that Neri was willing to appear in the Senate hearing but the Senate should not ask three key questions: Did the President have any interest in the ZTE NBN project? Did the President order Neri to prioritize the NBN project (instead of accepting the proposed build-operate-transfer offer of a private company)? Did the President order the continuance of the project despite Neri’s allegations of bribery?

Villar said the Senate hearing on the ZTE hearing would be useless if senators are barred from asking those three important questions.