SC junks Senate plea, upholds Neri's executive privilege

MANILA, Philippines - The Supreme Court on Thursday rejected the Senate motion for reconsideration and upheld the executive privilege cited by then Socio-Economic secretary Romulo Neri in evading questions on the $329.48-million ZTE broadband deal mess. Radio dzBB's Teresa Tavares reported that the high court, voting 9-6, upheld the principle of "presumptive presidential communications privilege" while chiding the Senate for its "grave abuse of discretion" when it declared Neri in contempt. "Merong presumption of presidential communications privilege ... In this particular case ... hindi pinakita ang tatlong katanungan na sinabi natin na tinatanong kay Sec. Neri, di pinakita kahalagahan noon kaya ang presumption on presidential communications privilege will stay," SC spokesman Jose Midas Marquez said. ("There is a presumption of presidential communications privilege. In this particular case the Senate failed to prove why the three questions asked of Neri should take precedence over presidential communications privilege, so it will stay.") Marquez also said the high court ruled that the questions Neri refused to answer are "covered by executive privilege." "There is no legal or actual basis to say that ... the answers to these three questions are covered by executive privilege," he said, quoting from the high court's decision. The said questions were on whether President Arroyo followed up the ZTE project with Neri; on whether Neri was dictated by the President to prioritize the project; and on whether Neri was told by the President to go ahead with the project after being told of an alleged bribe offer. However, Marquez said Chief Justice Reynato Puno issued a dissenting opinion where he said the Senate did not need to re-publish its rules on hearings. Marquez said Puno claimed the Senate is a continuing body, and since the Senate rules were already published earlier, there is no need to re-publish them. Earlier, the high court upheld Neri's invocation of executive privilege in snubbing Senate hearings on the $329.48-million ZTE broadband deal mess. Neri repeatedly invoked executive privilege in refusing to attend further Senate hearings. Neri, now Social Security System administrator, welcomed the Supreme Court decision. "I have always put my trust in the collective wisdom of our Supreme Court. As I have said before, their decision upholds the rule of law and respect for human rights," he said in a text message.- with Sophia Dedace and Aie Balagtas See, GMANews.TV