BY JOCELYN MONTEMAYOR

PRESIDENT Arroyo’s election lawyer Romulo Macalintal yesterday said continuation by the Senate of its inquiry on the cancelled national broadband network contract with ZTE Corp. is unconstitutional unless senators are able to publish a set of rules before their next hearing.

Macalintal said this follows from the Supreme Court ruling which uphold the invocation of executive privilege by former Planning Secretary Romulo Neri on his conversations with President Arroyo.

He said that because of the Senate’s failure to publish its rules on legislative inquiries, all previous investigations also suffer "suffer from such infirmity".

"The decision of the SC in Neri’s case clearly shows that the proceedings of the Senate committees investigating the alleged ZTE scandal are unconstitutional. The Senate cannot conduct any investigation in aid of legislation because it does not have any published rules as required by the Constitution. Without such published rules any such investigation by the Senate is unconstitutional," he said.

Press Secretary Ignacio Bunye, who is also a lawyer, echoed Macalintal’s observation.

Bunye reiterated the Palace is open to a dialogue with senators on the setting up of ground rules. He said this could be taken up by the Legislative-Executive Development Advisory Council in its next meeting.

Deputy presidential spokeswoman Lorelei Fajardo denied that Malacañang lobbied for favorable SC decision.

Fajardo said people spreading these rumors should be very careful as "they may risk contempt of court".

"The Executive in the past lost some issues in the Supreme Court and we took it with grace and respect. We expect nothing less from detractors of the administration," she added.

Vice President Noli de Castro urged those who disagree with the Supreme Court to respect and accept the ruling.

"Kapag hindi pa natin ginalang ang decision ng Supreme Court, sino ang igagalang ninyo after the Supreme Court?" he said in an ambush interview at the Philippine National Police Academy graduation rites in Silang, Cavite.

Presidential management staff chief Cerge Remonde, also during the PNPA graduation, said the administration expects such allegations to continue as these are part of the "poisoned political atmosphere" that is expected to remain until the 2010 elections.

Remonde said the criticisms showed a lack of respect for "the principle of sub judice" which says that issues that have yet to be settled by the courts with finality should not be subject to discussion.