SC REJECTS PETITIONS TO INHIBIT SOME JUSTICES FROM NERI CASE
BAGUIO CITY, APRIL 16, 2008 (STAR) By Artemio Dumlao – The Supreme Court turned down yesterday petitions seeking the inhibition of some justices in the deliberations on the Senate’s motion for reconsideration of the SC decision upholding executive privilege as invoked by former socio-economic planning secretary Romulo Neri.The high tribunal, in its annual summer session here, denied the motion for “leave to intervene” but ruled to admit the motion for reconsideration for the voluntary inhibition of Justices Conchita Carpio Morales and Adolfo Azcuna, filed by a certain Alexander Villacorta on April 10, 2008.
The SC denied the second motion for the inhibition of Justices Consuelo Ynares-Santiago and Antonio Carpio filed by Antonio Ballena in a petition to intervene in the case.
The justices were among the six magistrates who dissented from the majority decision written by Associate Justice Teresita Leonardo-de Castro on March 25.
Carpio, however, joined the majority in saying that the Senate gravely abused its discretion in citing Neri for contempt and the issuance of the warrant for his arrest.
The high court ordered Neri and the government, through the Office of the Solicitor General, to submit its comments on the motion for reconsideration filed by the Senate in appealing the favorable decision on Neri.
The SC began its deliberations here on the motion for reconsideration filed by the Senate questioning the 9-6 vote on March 25 that ruled in favor of Neri’s petition for privileged communication with President Arroyo on the national broadband network (NBN) deal.
The SC ruled Neri was correct in invoking executive privilege in the Senate investigation concerning conversations between him and the President on the government’s $329-million NBN contract with China’s ZTE Corp.
The SC said 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.
Neri filed his petition with the SC after the Senate had ordered his arrest for contempt.
The March 25 ruling was protested by the Senate, pointing out the decision virtually clipped the powers of oversight of the legislative branch and allowed wrongdoing in government.
On the other hand, the Senate hailed yesterday’s ruling as a positive development.
“That means the SC did not outrightly deny (the Senate’s motion for reconsideration). They asked the government and Secretary Neri to reply. This is very encouraging because it means the SC is open to re-examine the Neri decision,” said Carlos Medina, one of the lawyers working on the Senate’s motion.
“It could pave the way for reconsideration of its decision. There is also a possibility, once the government and Secretary Neri file their comments, the Senate will also file its comment, and eventually there will be another oral argument,” Medina added.
Militant groups, on the other hand, came all the way from Manila in a “Truth Caravan” in an apparent attempt to pressure the SC to reconsider its ruling on Neri.
Protesters led by Fr. Joe Dizon were prevented by policemen from picketing the SC courthouse here after an SC representative received an “open letter” calling for Chief Justice Reynato Puno and the magistrates to recognize that “executive privilege is subordinate to the higher values of transparency and accountability in governance.”
Security at the SC compound here had been tightened since early morning yesterday.
Senate witness Rodolfo Lozada Jr. led a truth caravan in this mountain resort city in his countrywide quest to reveal the truth behind the ZTE deal.
Lozada said he had been on the road for several months now, leaving his family behind.
“I chose to have myself in trouble so that you can have peace,” he said.
Lozada, who arrived here yesterday morning, sounded tired while being interviewed by journalists.
“I hope the (battle) is not too long,” he admitted. “It depends on how people will demand (change).”
Maybe, he said, “if half of the Filipino people demand it, matatapos na ang kalbaryo na ito (my Calvary will end).
Lozada was a government consultant for the NBN contract with ZTE Corp. He became a key witness in the scandal, which exploded last year when President Arroyo’s husband, Jose Miguel Arroyo, and former elections chief Benjamin Abalos, were implicated in the inquiry by the Senate. -With Christina Mendez, Mike Frialde
Reported by: Sol Jose Vanzi
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by PHILIPPINE HEADLINE NEWS ONLINE
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