BY EVANGELINE DE VERA

THE Supreme Court yesterday said its status quo ante order on the Senate arrest warrant on acting Higher Education chair Romulo Neri would remain in effect following the chamber's rejection of its compromise solution Wednesday night.

"If Neri does not feel like attending a Senate hearing, he can skip it without fear of arrest. Until we lift that order, you can call Neri a free person," said SC spokesman Midas Marquez.

"Sayang, kung gusto natin ng isang comprehensive decision na saklaw na lahat, ito na sana yun. That is the opportunity we are missing here," he said.

Under the compromise solution proposed by Chief Justice Reynato Puno, Neri will again attend the ZTE hearing but senators will refrain from asking three questions regarding his conversations with President Arroyo.

These questions are if President Arroyo followed up with Neri regarding the ZTE contract; if she ordered the ZTE contract prioritized; and, what the President said after being told by Neri that was offered a bribe.

Marquez said the SC will continue to evaluate the arguments of the Senate and Neri's lawyers involving Neri's petition questioning the Senate decision to cite him in contempt and order his arrest.

The high court, he said, is expected to come out with a decision in three weeks.

In a resolution dated March 4 after the oral arguments, the Court en banc resolved to direct the parties to submit their respective memoranda within a non-extendable period of 10 days.

Marquez denied claims the intention of the compromise solution was to clip the legislative powers of the Senate.

"They can still hold on to their legislative inquiries, they can still cite those who refuse to answer in contempt. They can order the arrest of those who will refuse to answer," he said.

"In this case, yung kay Neri, hindi lang siya maaresto kasi may pending issues pa dito sa SC. But after this case is decided, they can already do what they want to do within the limits of their jurisdiction," he said.

Senate President Manuel Villar personally informed Puno of their decision to reject the compromise solution.

"It's not that we are disrespectful of the SC, we just feel that the Senate needs to defend itself," Villar said.

NO GUARANTEE

Sen. Francis Escudero said there is no guarantee that Neri would still be telling them the "truth" should senators ask him questions based on the compromise solution.

"Si (Rodolfo Noel) Lozada na nga mismo ang nagsabi na 'bumaligtad' na si Secretary Neri kaya paano pa tayo makatitiyak na magsasabi pa siya (Neri) ng katotohanan," Escudero said.

Senate minority leader Aquilino Pimentel said Neri cannot impose any condition on the Senate for his testimony.

Pimentel was reacting to the statement of Neri's lawyer Antonio Bautista, that he is willing to testify again but only in an executive session.

PROVE SINCERITY

Bishop Deogracias Iñiguez, head of the public affairs committee of the Catholic Bishops Conference of the Philippines, dared Arroyo to allow Neri to testify freely to prove she is sincere in getting the truth on the NBN deal.

"Sana ay bigyan nila ng pagkakataon na mailabas na ni Neri ang katotohanan at huwag magkaroon ng deliberate efforts na itago pa ang truth behind this NBN deal," the Caloocan prelate said.

Neri had told the Senate that he has nothing more to add to his testimony, invoking that what other information that he may have is covered by executive privilege.

RECONSIDER

Deputy presidential spokeswoman Lorelei Fajardo said the Palace is appealing to senators "to reconsider their position."

"The President has responded positively by revoking Executive Order 464. The President has reached out and now we await the Senate's move," she said.