Big business hits Philippine SC ruling

‘Executive privilege given greater value’

By Dona Pazzibugan, Michael Lim Ubac, Jeannette Andrade

Philippine Daily Inquirer

First Posted 00:45:00 03/28/2008

MANILA, Philippines—The influential Makati Business Club (MBC) on Thursday said the Supreme Court decision on executive privilege did not conform to the “progressive standards of transparency” and restricted the ability of the legislature to check presidential abuse.

In a statement, the MBC said it was “very concerned” about the tribunal’s ruling on the petition of then Director General Romulo Neri of the National Economic and Development Authority to stop the Senate from questioning him further on the $329-million National Broadband Network (NBN) deal with China’s ZTE Corp.

“Their decision gives greater value to executive privilege than to the public’s right to know, which is not in keeping with progressive standards of transparency. It also has the effect of restricting the ability of the legislature to act as a countervailing force against executive abuse,” the MBC said.

“We respect the court’s decision as we respect the rule of law. But we hope that this is not the final word on the matter. We believe the Senate is disposed to challenge the decision as it is in its best interest, and that of the public, to do so.

“Since the vote was not a resounding mandate in favor of executive privilege, we trust that the justices will consider society’s need for greater transparency, and thus give more weight in future deliberations in favor of the right to public information,” the MBC said.

The MBC is composed of more than 800 chief executive officers and senior executives representing almost 450 of the largest corporations in the Philippines. It was organized in 1981 during the regime of the dictator Ferdinand Marcos to serve as a forum for constructive ideas.

The club has demanded the resignation of Neri, who is now chair of the Commission on Higher Education, and Environment Secretary Lito Atienza for allegedly attempting to cover up Malacañang’s involvement in the ZTE deal.

MBC executive director Alberto Lim fell short of calling on President Gloria Macapagal-Arroyo to resign in a recent interview with Reuters news agency.

He was quoted as saying: “If the price of good governance is a little instability, then we pay the price. If it means a change of regime, by all means let’s go through the pain before we get the gain. We can’t stand on a very shaky political foundation.”

Voting 9-6, the high court on Tuesday nullified an arrest order issued by the Senate against Neri and said he was within his rights to remain silent on follow-up questions during his Sept. 26, 2007, appearance after his disclosure that he had told Ms Arroyo he had been offered a P200-million bribe allegedly by former Commission on Elections Chair Benjamin Abalos to approve the ZTE deal.

Reconsideration

Senate Minority Leader Aquilino Pimentel Jr. said the upper chamber would seek a reconsideration of the tribunal’s decision.

“Whether we succeed or not, the important things is, for the purposes of records, the Senate will be seen as fighting to the very end in asserting our powers and duties, rather than giving way to this erroneous decision,” he said.

Pimentel questioned the court faulting the Senate for failing to publish its rules on conducting inquiries, which includes the power to cite in contempt and order the arrest of reluctant witnesses.

He said the rules had long been published in national newspapers and there was no need to republish them every time a new set of 12 senators was elected to office.

Unconstitutional

“Unlike the House of Representatives whose term ends completely every three years, the Senate is a continuing body. The rules of the Senate continue for as long as the Senate is in place,” he said.

Romulo Macalintal, an Arroyo lawyer, said that without the rules, the Senate could not proceed with its hearings. “Without such published rules, any such investigation by the Senate is unconstitutional,” he said.

Press Secretary Ignacio Bunye added: “If these rules have not been published in the first place, then there could be some questions as to the propriety of the proceedings.”

Pangilinan objects

Senate Majority Leader Francis Pangilinan objected to the decision of Senate blue ribbon committee chair Sen. Alan Cayetano to put on hold further hearings on the NBN-ZTE deal while the chamber prepared its appeal.

“The Senate must assert its position as a coequal branch by proceeding with the hearings. It should not shirk from its responsibilities by suspending these hearings as if to run to one corner and weep because of the adverse decision,” he said.

Pangilinan said the court’s decision undermined the constitutional principle of coequality among the executive, legislative and judicial branches of government.

“Hence, to assert our status as a coequal branch and to get to the truth behind the anomalous deal, the Senate must proceed with the hearings by having Neri testify on other questions,” he said.

Childish

Also Thursday, Fr. Ranhilio Aquino, dean of the San Beda College graduate school of law, said the senators were being “childish” for saying that the court decision could lead to a constitutional crisis.

“I think if our democracy is to survive and flourish, one important thing is the strengthening of our Constitution. Respect the institutions,” he said. “The men and women who are in our institutions much behave honorably.”