FRIDAY |MARCH 28, 2008| PHILIPPINES

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‘Invocation of executive privilege on the three questions dwelling on a bribery scandal is clearly unjustified and void.’

Executive privilege
is not for hiding crime


THIS 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!"

***

Blog: www.ellentordesillas.com

Email address: ellentordesillas@gmail.com

 




















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