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  • Senate, Palace clash anew on Neri’s case
     
    By Mia Gonzalez and Joel San Juan
    Reporters

    MALACAÑANG on Thursday slammed the Senate move to issue warrants of arrest against former socioeconomic planning Secretary Romulo Neri and Philippine Forest Corp. chief Roberto Lozada, who snubbed Wednesday’s hearing into the national broadband network program controversy involving Chinese telecoms giant ZTE.

    Press Secretary Ignacio Bunye said in a statement the move is “clearly not in aid of legislation, but in aid of politics-as-usual.”

    “We deplore the continued moves of the Senate in issuing warrants of arrest against executive officials. . . . Hearings on a contract that has long been cancelled, with witnesses who have said all they have to say [to] distract the nation from its urgent business and disturb the momentum for growth and social reforms,” Bunye said.

    This, as Sen. Panfilo Lacson filed a tough bill encouraging whistleblowers and penalizing those who try to stop them from testifying, in apparent frustration over the Executive’s move to use the President’s order barring officials from testifying in Congress without explicit clearance from Malacañang.

    Senate Majority Leader and Independent Sen. Kiko Pangilinan Thursday urged his fellow senators to reject Neri’s request for reconsideration regarding the arrest order issued by the Senate blue-ribbon Committee for him to testify on the shelved and allegedly overpriced $329-million ZTE-NBN project. 

    “His request for reconsideration should be denied outright. It would be better for him to prepare to answer our questions instead of attempting to further delay the proceedings with this request.  This is bad advice from his lawyers because it only serves to test the patience of the senators who have bent over backwards way too much in his case,” Pangilinan said.          

    Neri had refused to testify on facts about the NBN-ZTE deal which he obtained from his conversations with PGMA, citing executive privilege, a power of the President to withhold information that could affect diplomatic relations and matters of national security.

    According to Bunye, however, until now, the Senate has not given any indication of the legislation it intends to craft from the hearings, “at the expense of the privacy, dignity and rights of  Cabinet secretaries and government functionaries.”

    On Thursday Justice Secretary Raul Gonzalez urged the Supreme Court to resolve Neri’s petition filed last month seeking to declare null and void the show-cause order earlier issued by the Senate for his failure to appear before another hearing scheduled on November 20, 2007.

    The Justice secretary said the Court should act on Neri’s petition as soon as possible, as the situation could result in a constitutional crisis if it goes beyond control.

    “If the quarrel between the Senate and the Executive goes out of control, and [disrupts] the workings of government, with more reason that I think that the SC should now act on Neri’s petition so that everybody will be guided accordingly. This is something that we can consider as a singular situation; this can lay down parameters what one can do and cannot do,” he added.

    In his petition before the SC last month, Neri sought a temporary restraining order (TRO) and/or writ of preliminary injunction to enjoin respondents—Senate Committee on Accountability of Public Officers and Investigations (blue ribbon committee, Senate Committee on Trade and Commerce and Senate Committee on National Defense and Security—from citing him in contempt and sanctioning him. Neri insisted that he properly invoked executive privilege to justify his nonappearance at the November 20, 2007, hearing and all further hearings on the same subject.

    At the Senate hearing on the NBN deal on September 26, 2007, Neri disclosed that former Comelec chairman Benjamin Abalos offered him P200 million in exchange for his office approval of the project.

    He also said he told President Arroyo of the bribe attempt and that she instructed him not to accept the bribe offer, but to endorse the project just the same.

    Neri, however, invoked executive privilege when the committee members asked him to divulge what he and the President discussed thereafter on the NBN project.

    Neri, as chairman of the Commission on Higher Education, skipped the First Biennial National Congress on Education Thursday. Organizers were unable to explain his absence, and it was widely speculated it was linked directly to his effort to avoid being arrested on account of the Senate order.

    Meanwhile, Lacson’s Bill 2040 was filed shortly after Rodolfo Noel Lozada Jr., citing threats to him and his family, also snubbed the Senate hearing on Wednesday.

    Lozada’s official excuse was that he flew abroad for a conference in connection with his work as chief of the Philippine Forest Corp., but businessman Joey de Venecia III told national TV that Lozada expressed fears for his safety and his family’s after receiving threats.

    “It is high time we encourage whistle blowers to expose corruption through this bill.  This may well be a challenge to Malacañang as well.  If it is as serious in fighting corruption as it claims to be, it should certify the bill as urgent,” Lacson said. 

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