'Neri not off the hook yet'
Ping: More questions than 3 barred by tribunal

BY DENNIS GADIL

SEN. Panfilo Lacson yesterday said former Planning Secretary Romulo Neri cannot evade the NBN-ZTE broadband inquiry as there was nothing in the Supreme Court's decision Tuesday which says he could not be summoned again by the Senate.

"Kailangan sagutin niya 'yung mga ibang tanong kasi tatlo lang naman 'yung hindi puwedeng talakayin kapag humarap siya," Lacson said.

The high court, by a vote of 9-6, ruled that Neri correctly invoked executive privilege when senators asked three questions about his conversations with President Arroyo on the broadband deal.

The questions were: whether the President followed up the NBN-ZTE project with Neri; whether Neri was told to prioritize the NBN-ZTE project; and, whether the President told him to go ahead and approve the project after being told about the alleged bribe by then Elections chair Benjamin Abalos Sr.

Lacson said the SC decision does not discourage the Senate from inviting Cabinet officials and asking them about alleged irregularities in government.

"Hindi nila (magistrates) pwede turuan ang Senado. Alam nilang co-equal branch ng gobyerno ito, so di pwede," Lacson said.

He said the Senate tri-committee will proceed with the ZTE inquiry on April 2.

Last September, Neri informed senators he told the President that Abalos offered him P200 million in exchange for NEDA approval the $329 million NBN-ZTE deal as a loan, not under the BOT scheme as originally planned.

But when asked to elaborate, Neri invoked executive privilege, saying his conversation with Arroyo was a privileged communication.

The SC ruled that presidential communications are considered "presumptively privileged," and founded on the President's generalized interest in confidentiality.

The ruling said Congress must not require the executive to state the reasons for invoking executive privilege as a means to compel disclosure of the information which the privilege is meant to protect.

Associate Justices Teresita Leonardo de Castro, Leonardo Quisumbing, Renato Corona, Dante Tinga, Minita Chico-Nazario, Presbitero Velasco, Antonio Eduardo Nachura, Ruben Reyes and Arturo Brion concurred.

Chief Justice Reynato Puno and Associate Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Conchita Carpio-Morales, Adolfo Azcuna and Antonio Carpio dissented.

Puno, in his 120-page dissenting opinion, said the Senate committees had good reasons to cite Neri for contempt for failing to appear in the Nov. 20, 2007 hearing, and that there was no basis for either petitioner or the Executive Secretary (Eduardo Ermita) to assume that the petitioner's further testimony will be limited only on the three disputed questions.

A FUTILE EXERCISE

Senate majority leader Francis Pangilinan said a motion for reconsideration could be a possibility, noting that Puno sided with the Senate's position.

But Lacson said it would be futile to file a motion for reconsideration. "Bihira nakakapagpalit ng decision ang SC sa MR. Bihirang bihira mangyari."

Sen. Rodolfo Biazon, chair of the national defense and security panel, said the Supreme Court ruling could be considered a big blow on the principle of transparency in government.

"Without transparency, there can be no check and balance. Without check and balance, there can be no democracy in this country," he said.

Biazon said there must be a clarification so the Supreme Court ruling "will not provide a shield for wrongdoings by government officials."

He said points to be clarified are: who may invoke executive privilege in hearings being conducted by the Legislature; the procedures on invoking the executive privilege; and if the SC ruling gives blanket authority for any member of the Executive to invoke executive privilege.

ESSENCE OF THE TRUTH

Lingayen-Dagupan Archbishop Oscar Cruz said the SC decision cannot salvage the credibility of the First Couple.

"Whatever Neri would say, it will not change the essence of the truth of how crooked and corrupt is the (NBN) deal," said the former president of the Catholic Bishops Conference of the Philippines.

Cruz said Neri's insistence on invoking executive privilege "means he knows something more that is more incriminating. (Remember) he was quoted in the past having said 'she is evil.' He just said he did not remember (saying it)."

Makati City Mayor Jejomar Binay, president of the United Opposition, said it is premature for the Arroyo administration to gloat over the ruling of the SC.

"They are wrong it they believe that the decision will dampen interest in the ZTE scandal. On the contrary, the questions remain unanswered, and the people will look for answers," he said.

Malacañang insisted that several matters pertaining to ZTE deal are covered by executive privilege.

Executive Secretary Eduardo Ermita said the decision would also help Neri decide on whether he should attend the next Senate hearing or not.