BY JOCELYN MONTEMAYOR

EXECUTIVE Secretary Eduardo Ermita yesterday said Cabinet members would invoke the Supreme Court ruling requiring the publication of rules of procedures before appearing in any of the congressional inquiries particularly in the Senate.

Ermita, in a press briefing at the Aplaya Resort in Calatagan in Batangas, said the Supreme Court, voting 10-5, last Friday ruled that Section 21 of Article VI of the Constitution requires the publication of the ground rules or rules of procedures that would be observed in the conduct of inquiries.

The 14th Congress, despite its conduct of several inquiries, has yet to publish its rules of procedures.

"I think what we should do is to tell the Cabinet members that they can invoke that (SC ruling), anyway, before they attend the hearings, they consult us," Ermita said.

Ermita said that due to the lack of publication of procedures, all the hearings conducted by the Senate "can be considered constitutionally infirm."

He issued a three-page legal opinion drafted by his legal team which states that unless the Senate has complied with the constitutional requirement of publishing its rules of procedure, all its inquiries could be considered "invalid."

"This ruling means that all the proceedings of the 14th Congress in relation to the national broadband network hearing, as well as other hearings, are Constitutionally infirm. They are null and void," the legal opinion stated.

It added the rationale for the publication of rules is to "inform the public of rules which may have an impact on his person, property or liberty. It is basically a requirement of due process."

It added that such requirement aims to forewarn a person of possible adverse decisions against them like being declared or charged with contempt, "and the only way for the public to be informed of said rules is by publication."

Ermita also questioned the issuance of an arrest warrant by the Senate against former Planning Secretary Romulo Neri, saying that based on the High Court's ruling, only the courts can issue a warrant of arrest.

"If there is a warrant of arrest, then there should be preliminary investigation to determine probable cause. There is no such procedure in the Senate," he said.

Press Secretary Ignacio Bunye defended the Supreme Court on the Neri ruling upholding the President's right of executive privilege.

"Whether the SC decision is for or against one party, we should always respect it. Let us not badmouth the Supreme Court when the decision is against us," he said.