|
THE
Supreme Court (SC) Tuesday ordered former socioeconomic
planning secretary Romulo Neri and the Office of the
Solicitor General (OSG) to comment within 10 days on the
motion for reconsideration filed by the Senate seeking
the reversal of its decision enjoining it from
compelling Neri to divulge details of his conversation
with President Arroyo in connection with the aborted
$329-million national broadband network project of the
government with China’s ZTE Co.
(Activist
ask SC to reverse ruling of Neri case-A4)
In an en
banc resolution issued in Baguio City, the Court also
dismissed the petitions seeking the recusation of
Associate Justices Conchita Carpio Morales, Adolfo
Azcuna, Consuelo Ynares-Santiago and Antonio Carpio from
the case.
“The
Court resolved to require the petitioner and the
Solicitor General to comment on the above motion for
reconsideration within 10 days from notice; and direct
respondent-movants Senate committees to file a reply to
the comments of the petitioner and the Solicitor General
on the motion for reconsideration within 10 days from
receipt of said comments,” the SC said in a resolution
issued after its en banc session Tuesday.
In its
motion for reconside-ration, the Senate Committees on
Accountability of Public Officers and Investigations
(blue ribbon), on Trade and Commerce and on National
Defense and Security asked the Court to hold another
oral argument, if necessary, on the issue.
The
Senate said the Court’s decision will weaken the
doctrine of check and balance among the three
departments of the governments.
In
upholding the claim of executive privilege, the Senate
said the majority opinion effectively rendered the
Senate and its committees inutile to inquire into
actions of the President which are clearly relevant to
issues of national concern and which are necessary to
craft the necessary legislation to address issues.
The
Senate stressed that the Court’s decision penned by
Associate Justice Teresita de Castro and concurred in by
eight other associate justices “is a dangerous and
chilling decision.”
In its
March 25 ruling, the Court voting 9-5 affirmed 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 for contempt and
subsequently ordered his arrest.
It held
that the Senate committees have no basis to order Neri’s
arrest owing to their failure to come up with published
rules governing inquiries in aid of legislation.
The
three questions in which Neri manifested that President
Arroyo had invoked executive privilege in 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.
The
Court gave weight to the claim of the executive branch
that disclosure of the withheld information may impair
diplomatic and economic relations with the People’s
Republic of China. |
