HIS part of
Associate Justice Antonio Carpio’s dissenting opinion is the whole point of the
issue whether Romulo Neri’s invocation of executive privilege upholds or hampers
the search for truth and rule of law:
"Executive privilege must be exercised by the President in
pursuance of official powers and functions. Executive privilege cannot be
invoked to hide a crime because the President is neither empowered nor tasked to
conceal a crime. On the contrary, the President has the constitutional duty to
enforce criminal laws and cause the prosecution of crimes.
"Petitioner categorically admits that his discussions with
the President ‘dwelt on the impact of bribery scandal involving high Government
officials.’ Petitioner’s discussions with the President dealt not on simple
bribery, but on scandalous bribery involving high government officials of the
Philippines.
"In a letter dated 29 November 2007 to the Chairs of the
Committees, petitioner’s counsel declared: ‘His conversations with the President
dealt with delicate and sensitive national security and diplomatic matters
relating to the impact of bribery scandal involving high Government officials
and the possible loss of confidence of foreign investors and lenders in the
Philippines.
"Petitioner admits, and there can be no dispute about this
admission, that his discussions with the President dwelt on a bribery scandal
involving high Government officials of the Philippines.
"Executive privilege can never be used to hide a crime or
wrongdoing, even if committed by high government officials. Executive privilege
applies only to protect official acts and functions of the President, never to
conceal illegal acts by anyone, not even those of the President."
"Petitioner admits in his Petition, and through his counsel
in the 15 November 2007 letter to the Senate Blue Ribbon Committee and during
the oral arguments, that he discussed with the President a ‘bribery scandal
involving high government officials.’ This particular discussion of petitioner
with the President is not covered by executive privilege. The invocation of
executive privilege on the three questions dwelling on a bribery scandal is
clearly unjustified and void. Public office is a public trust and not a shield
to cover up wrongdoing. Petitioner must answer the three questions asked by the
Senate Committees."
My blog rained with expletives from people who are outraged
by the Supreme Court decision penned by Associate Justice Teresita de Castro
upholding Neri in not answering questions on his conversation with Gloria Arroyo
on the NBN/ZTE deal.
Here are some of the milder comments: Parasamasarap (in his
20’s working in the broadcast industry): "We’ve been f…! I spit on the faces of
these nine crony justices! (Eduardo Nachura, Dante Tinga, Renato Corona,
Presbiterio Velasco, Minita Chico Nazario, Teresita Leonardo de Castro, Ruben
Reyes, Leonardo Quisumbing, Arturo Brion) Shame on you and shame on the robes
you’re wearing! F…Y.. To the streets!"
Tongue-Twisted (a businessman): "Unbelievable. The shock
almost paralyzed my system I didn’t want to open the blogs yesterday and the day
before. Fucking justices had just upheld a tyrant’s right to steal from the
people and be allowed to avoid any investigative body. If that is our justice
system working right there, or pretending to be, they can take their justice and
shove it where the sun don’t shine!
"Nine more people just made the list. These lowlife scums do
not deserve any modicum of respect. S… their kind belong in the dumps. That is
where we will take them when this is all over."
Reporters got this text yesterday from a number unfamiliar to
us. It was not from the usual "rebel" groups: "In the light of the Supreme Court
on Neri’s case, We, the Junior Officers of the AFP and PNP hereby declare a
Constitutional crisis. Truth will never come out under GMA’s corrupt, abusive
and immoral regime.
"We are enjoining all patriotic Filipinos to join us in settling this matter
in the People’s Court!"