Mario B. Casaruyan
The Senate "would not be handcuffed" in the exercise of lawmaking and oversight functions following the Supreme Court decision which senators said would virtually allow Cabinet members to withhold information on sensitive issues by invoking "executive privilege," senators said yesterday.
"The Senate is not ready to back off," Sen. Alan Peter Cayetano, chairman of the Senate Blue Ribbon committee, said in a press briefing.
Cayetano, Sen. Rodolfo G. Biazon, chairman of the Senate national defense committee, and Sen. Manuel A. Roxas II, chairman of the Senate trade and commerce committee met yesterday afternoon to discuss what to do in the wake of the Supreme Court decision favoring Romulo Neri who invoked executive privilege in refusing to answer three questions before Senate committees investigating the ZTE-NBN contract.
Neri had refused to answer three questions at joint hearing of Senate committees. 1. Did President Arroyo follow up with him on the national broadband network (NBN) contract with ZTE Corp.? 2. Did President ask him to make the project a priority? 2. Did the President order him to approve the contract even after being informed of a bribe attempt from former Commission on Elections chairman Benjamin Abalos?
Cayetano said senators would discuss filing a motion of reconsideration with the Supreme Court and whether to publish rules to guide witnessess called to testify at Senate hearings as sought in the High Court ruling.
The Supreme Court decision, according to Cayetano, made the President "more popish than the Pope" and has made her "infallible."
Cayetano said the Supreme Court’s decision is not yet final and "we are not ready to agree with it, not ready to back off."
Meanwhile, Senate President Manuel B. Villar and Roxas expressed disappointment with the High Court ruling.
Villar said decision was "unfortunate, a historical blot for a nation that cherishes tenets of democracy, truth and justice."
Roxas said executive privilege should not be applied to hide the truth about an anomalous public transaction.
He said that based based on testimonies in the committee hearings, the NBN project was not needed and that it was overpriced.
Roxas said: "I think that we should avail of every judicial process available, including the filing of a motion for reconsideration, pero huwag naman tayong umasa sa isang bagay na hindi mangyayari."
Biazon said the ruling was "a big blow on the principle of transparency in government."
"I am surprised at the ruling of the Supreme Court. Transparency provides the means as a coequal branch of government such as the Legislature to perform its oversight functions and provide check and balance. Without transparency, there can be no check and balanced. Without check and balance, there can be no democracy in this country," he said.
Cayetano described as "dangerous" a portion of the court decision stating that Cabinet officials or Malacanang cannot be forced to explain or reveal details of international agreements .
He cited the 2004 P728 million fertilizer scam where funds for the fertilizers came from a US loan.
Former Department of Agriculture (DA) Undersecretary Jocelyn "Joc Joc" Bolante sought refuge in the US to avoid testifying before Senate.
"The Senate is still the best forum to get the truth," Cayetano said.
On the Supreme Court’s ruling that the Senate does not have rules to govern its public hearings, Cayetano said the last time the Senate published its rules was in 1995.
He said: "Should every Congress publish its rules? The Senate is a continuing body."
Lacson, Escudero: SC won’t change mind on its decision
By Hannah L. Torregoza
Senators Panfilo Lacson and Francis Escudero yesterday expressed doubt that the Supreme Court would reverse its ruling on the petition of former socioeconomic planning secretary Romulo Neri relating to $ 329 million National Broadband Network (NBN) deal.
"Pag-uusapan namin kung ano ang susunod na mga hakbang pero bihira nakakapagpalit ng desisyon ang Korte Suprema. Bihirang-bihira," Lacson said in a radio interview.
"Sabi nga nila, ke tama, ke mali ang desisyon ng SC, kailangan sundin natin (They say that even if the SC decision is right or wrong, we have to follow it)," Lacson said.
Lacson said the ruling would give future resource persons or witnesses in Senate investigation the basis to "stonewall" or refuse to answer questions.
Escudero said, "Sa ilalim ng kasalukuyang komposisyon ng Korte Suprema sa palagay ko hindi mababago yan, yan siguro ang dahilan kung bakit sinusulong ni Chief Justice Puno yung compromise agreement."
"I think he knew that this would be the decision of the majority and that he doesn’t want to issue this kind of decision. But we assure you, the Senate will continue hearing the case," Escudero said.
Senators said Neri would be immediately called to appear before the Senate to answer questions regarding the alleged anomalous transaction.
"We will not stop the investigation. He knows the function of the Senate and the House of Representatives. We still need more information to fulfill our oversight and in aid of legislative functions," said Lacson.
Drilon warns against revival of Charter change
Former Senate President and Liberal Party (LP) national chairman Franklin Drilon yesterday warned that Malacanang’s recent "victory" before the Supreme Court in the case of Romulo Neri may embolden President Arroyo to revive her plan to amend the 1987 Constitution through the so-called People’s Initiative.
"The Supreme Court decision on the Neri case might give Malacanang the impression that the High Court is now sympathetic to its side. This could encourage President Arroyo to go back to the Supreme Court and seek a reversal of its earlier ruling declaring the so-called People’s Initiative for Charter Change unconstitutional," Drilon, a former justice secretary, said.
Drilon said "We respect the decision of the Supreme Court but we respectfully disagree with its position that Neri can invoke Executive Privilege to conceal the role of the President in the national broadband network (NBN deal)."
"The 1987 Constitution guarantees transparency and accountability in all government transactions and we are afraid that this decision will be seen by Malacanang as an endorsement of its efforts to deodorize the stink of corruption in the NBN scandal," said Drilon.
"Executive privilege should never be invoked to conceal any wrongdoing in government," he added. "We are concerned that this case will now tilt the balance in favor of a sitting President who has repeatedly exhibited her propensity to disregard the law."
Drilon recalled that on Oct. 25, 2006, the Supreme Court threw out the consolidated petitions for a People’s Initiative to amend the 1987 Constitution with a vote of 8-7. In its ruling, the High Court branded as "deceptive and misleading" the moves of the Malacañang-backed Sigaw ng Bayan and Union of Local Authorities of the Philippines (Ulap) to change the present bicameral presidential system of government to unicameral parliamentary.
Meanwhile, United Opposition (UNO) president and Makati City Mayor Jejomar Binay yesterday expressed optimism that people will continue to seek the truth behind the national broadband network (NBN) project controversy despite the recent decision of the Supreme Court on executive privilege.
Binay said the decision could pique the public’s interest more on the controversy as well as push the people to find other means in searching for the truth.
"Far from ending the search for truth, the decision of the Supreme Court could have the effect of moving people in other directions," he said.
Binay said the ruling would have the effect of encouraging people to find the answers for themselves.
"The public is interested in the truth behind the NBN-ZTE scandal and other scandals involving Mrs. Arroyo and her allies. They will continue to look for answers, whether by attending rallies and symposiums or turning to mass media, the internet and other sources of information," he said.
Binay said the recent Supreme Court decision would result in an increase of newspaper readers and television news viewers as well as the creation of symposiums and lectures since the public is hungry to know the real deal behind the $ 329-million NBN-ZTE project. (with a report by Leonard Postrado)
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