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Tuesday, April 01, 2008

High Court ruling can 
cover all Senate hearings

Spokesman of Supreme Court says ruling on Neri case can apply to all Senate hearings without published rules

By William B. Depasupil Reporter

Malacañang is right after all in saying that all Senate investigations conducted without published rules are “null and void.”

The Supreme Court Spokes­man, Lawyer Jose Midas Marquez, on Monday pointed out though that only Chair­man Romulo Neri of the Commission on Higher Edu­cation is covered by the court en banc’s ruling that the Senate could not cite Neri in contempt nor order his arrest.

Marquez cited the court’s ruling finding merit in the argument of the Office of the Solicitor General that the Senate committees investigating the broadband deal controversy violated Section 21 of Article VI of the Constitution, requiring that the inquiry be in ac­cord­ance with the “duly published rules of procedure.”

It states: “Not having pub­lished its Rules of Procedure, the subject hearings in aid of legislation conducted by the 14th Senate, are therefore, procedurally infirm.”

It also explained that the phrase “duly published rules of procedure” requires the Senate of every Congress to publish its rules of procedure go­verning inquiries in aid of legislation, because every Senate is distinct from the one before it or after it.

The High Court decision, Marquez pointed out, was very clear that the ruling was not limited to the Senate’s broad­band hearing alone as “rules are for everybody.”

“If you will use this argu­ment, then that would be the conclusion. Since there were no rules, it is invalid. It cannot be that a particular rule will just cater to Neri alone,” Marquez added.

Senate can file motion for clarification

He stressed though that for purposes of clarification, he called on the Senate to also file a motion for clarification if ever it decides to file a motion for reconsideration on the High Court’s 9-6 ruling upholding the prin­ciple of executive privilege invoked by Neri.

“The best would be to file a motion for clarification on the matter and let the court decide with utmost certainty,” Mar­quez added.

Earlier, Executive Secretary Eduardo Ermita said that mem­bers of the Cabinet and other executive officials could not be compelled by the Senate to attend its inquiries without published rules.

Ermita said that it would be an “abuse of authority” for the Senate to summon executive branch officials to inquiries without published rules as mandated by the court.

“The Cabinet will invoke the ruling. All along the Senate has been conducting its hearings but it turns out they have yet to publish their rules of procedures,” Ermita said.