CODAL says invoking Executive Order 464, an impeachable offense

A group of cause-oriented lawyers calling themselves the Counsel for the Defense of Liberties (CODAL) on Thursday said the issue surrounding Executive Order (EO) 464 is no longer limited to its unconstitutionality but spells out criminal liability of executive officials refusing to appear in the Senate. Atty Neri Javier-Colmenares, CODAL spokesperson said “President Gloria Macapagal-Arroyo’s failure to transmit a written and official justification for her refusal to allow executive officials to appear before the Senate constitutes a violation of the Bill of Rights which provides the right of the people to information on matters of public concern shall be recognized." In Wednesday’s Senate deliberation on the 2006 budget, press secretary Ignacio Bunye, through his assistant, faxed the office of Senate president Franklin Drilon informing the latter that he cannot attend the budget hearing because he is invoking EO 464. EO 464 was issued by Arroyo last year as an instrument for her officials to seek permission from her office before appearing in any legislative inquiries or hearings. However, CODAL lawyers said EO 464 is unconstitutional not only because it violates the constitutional provision on congressional authority to conduct legislative inquiry and approve the budget but also the right to information under Section 7 of the Bill of Rights. Colmenares said the right to information may be regulated but not prohibited and only by law. “EO 464 which is not a law goes beyond mere regulation," she said. The CODAL spokesperson said Arroyo must officially inform the Senate in writing why she is withholding permission for her cabinet officials to appear before the Senate. Cabinet members cannot just snub the Senate budget hearings without proving that they have in fact asked Arroyo for permission to appear and such request has been denied. In a statement CODAL said that under Section 22, Article VI of the 1987 Constitution, the testimony of Cabinet members may be done in executive session if the security of the state and public interest so requires and the President so states in writing." It said Arroyo cannot just unilaterally withhold from the Senate information on a budget which she herself has submitted to them. She must not “overlook" the need for an official communication, as required by the Constitution. The statement also warned that refusal of executive officials to appear before the Senate constitutes a crime under Philippine laws. It constitutes an impeachable offense for Arroyo for culpable violation of the Constitution as it violates Article 233 of the Revised Penal Code: If convicted, Arroyo, Sec. Ignacio Bunye and other public officials will suffer imprisonment of up to two years and four months and will be perpetually disqualified from running for public office.-GMANEWS.TV