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THE
Supreme Court (SC) has granted the petition filed by
former National Economic and Development Authority (Neda)
chief Romulo Neri seeking to enjoin the Senate from
compelling him to divulge his discussions with President
Arroyo pertaining to the aborted $329-million national
broadband network (NBN) project of the government with
China’s ZTE Co.
As a
result, SC spokesman Jose Midas Marquez said Neri cannot
be cited in contempt or can be arrested owing to his
refusal to appear before the Senate hearing on the
NBN-ZTE deal.
Marquez
said that nine of the 15 associate justices voted to
affirm the legality of President Arroyo’s invocation of
executive privilege to prevent Neri from answering the
three questions propounded by the members of the
respondent Senate committees.
On the
other hand, the SC voting 10-5 declared that the Senate
abused its authority when it cited Neri in contempt and
subsequently ordered his arrest.
In a
decision penned by Associate Justice Teresita de Castro,
the Court noted that the respondents—Senate Committee on
Accountability of Public Officers and Investigations or
the blue-ribbon committee; Committee on Trade and
Commerce; and the Committee on National Defense and
Security—have no basis to order Neri’s arrest owing to
their failure to come up with a published rules
governing inquiries in aid of legislation.
“Since
there are no published rules by the Senate, the SC
ruled, therefore, that any order to cite Neri in
contempt or order his arrest is void,” Marquez said.
The
Court also affirmed the validity of the presidential
privileged communications invoked by Neri.
Under
the Constitution, executive privilege is a recognized
right of the President to withhold from Congress, the
courts and the public any information regarded as vital
to the national interest. The information could include
conversations and correspondence between the President
and her officials pertaining to the military,
diplomatic, and other national security issues.
The
three questions in which Neri manifested that President
Arroyo had invoked executive privilege on his behalf
were [1] Whether the President followed up the NBN
project? [2] Were you dictated to prioritize the ZTE and
[3] whether the President said to go ahead and approve
the project after being told about the alleged bribe?
Marquez
said the Court gave weight to the claim of the Executive
branch that disclosure of the withheld information may
impair diplomatic and economic relations with China.
The
justices who voted to uphold the validity of Neri’s
invocation of executive privilege were Associate
Justices Leonardo Quisumbing, Renato Corona, Dante Tinga,
Minita Chico-Nazario, Presbitero Velasco Jr., Antonio
Eduardo Nachura, Ruben Reyes and Arturo Brion.
The said
justices, aside from Quisumbing, were all appointees of
President Arroyo.
The same
group of justices was joined by Carpio in voting to
declare as null and void the Senate’s arrest order
against Neri.
In a
120-page separate opinion, Chief Justice Reynato Puno
did not give credence to the claim of Executive
Secretary Eduardo Ermita that the country’s relationship
with
China
may be put at risk if Neri will be forced to answer the
three questions.
Puno
said Ermita failed to offer an explanation on how
diplomatic secrets will be exposed at the expense of
national interest if petitioner answers the three
disputed questions propounded by the respondent Senate
committees.
Even
Neri, according to Puno, failed to explain during the
oral argument on the case how diplomatic secrets will be
compromised if the three questions are answered by him.
“But
even assuming arguendo that petitioner Neri can properly
invoke the privilege covering ‘national security’ and
‘military affairs,’ still, the records will show that he
failed to provide the Court knowledge of the
circumstances with which the Court can determine whether
there is reasonable danger that his answers to the three
disputed questions would indeed divulge secrets that
would compromise our national security,” Puno noted.
Malacañang on Tuesday expressed hope that the SC ruling
on Neri’s petition would be the basis of “mutually
acceptable” rules on the appearance of Executive branch
officials in congressional inquiries.
“We
respect the decision of the Supreme Court. We hope that,
looking forward, the Senate and the Executive branch can
work out mutually acceptable rules on appearances in
Senate inquiries in aid of legislation, that will
guarantee the rights of resource persons and parties
affected by congressional hearings, as stipulated by the
Constitution,” Press Secretary Ignacio Bunye said in a
statement.
Deputy
presidential spokesman Anthony Golez said the ruling
supports the interpretation of the Executive branch on
the issue of invoking Executive privilege. Golez also
strongly denied insinuations that Malacañang had
influenced the Court’s decision in favor of Neri, adding
that such claims are to be expected of “sore losers.”
“All
members of the SC are presidential appointees, but that
is a very dangerous insinuation because those who made
it do not respect the Supreme Court. That is to be
expected from sore losers,” Golez said. (With M.
Gonzalez) |
