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DID the President [Gloria Macapagal-Arroyo] follow up with you on
the ZTE contract? Did she tell you to prioritize the ZTE contract?
Despite knowing the flaws of the contract did she tell you to
approve it?”
What is so wrong and what is so complicated with
Romulo Neri answering these three simple questions? The entire
nation it seems has been waiting for Neri to answer.
Chief Justice Reynato Puno dissented with the
Supreme Court’s majority decision, which practically said the
former Neda secretary cannot be compelled to answer the questions.
He didn’t see anything wrong with answering them. He said neither
Neri nor Ermita explained how diplomatic secrets would be exposed at
the expense of national interest if Neri gave an answer. He said
Neri failed to provide the SC “knowledge of the circumstances with
which the Court can determine whether there is reasonable danger
that his answers to the three disputed questions would indeed
divulge secrets that would compromise our national security.”
Puno also said invoking EO 464 or privileged
communication cannot outweigh the need of the Senate for
information. “Indisputably, these questions are pertinent to the
subject matter of their investigation and there is no effective
substitute for the information coming from a reply to these
questions. In the absence of the information they seek, the Senate
Committees’ function of intelligently enacting laws . . . cannot
but be seriously impaired. With all these considerations factored
into the equation, we have to strike the balance in favor of the
respondent Senate Committees and compel petitioner Neri to answer
the three disputed questions.”
The SC decision has broader implications on the
rule of law, which must be founded on integrity, independence and
impartiality. The enforcement of the rule of law in such a manner
plays a critical role in the promotion of social order. If people
feel or believe they cannot fairly seek redress from the courts they
would surely seek justice outside the law. We have to believe that
having our so-called day in court means being judged fairly and
impartially.
Right now though there are heavy and dark clouds
of suspicion and doubt on the integrity of the courts and on the
meaning of the rule of law. It seems to people that the President or
the executive branch of government always has the means to get their
way.
What confines those in power, what prevents them
from using their office for certain corruptions, should be the
effective operation of the rule of law and the system of check and
balance. Every person, however wealthy or powerful, should be
governed by the rule of law. Even the President is not exempt. Her
power, her authority, is subject to and constrained by the law and
the Constitution.
Why was the executive branch allowed to
arbitrarily exercise its power? Why is it that the President can
just choose not to be held accountable? What does it say about
democracy when the courts enforce not what the law intends but what
the executive wants?
As you can see, the SC decision on the Neri
petition has raised more questions than those we originally sought
answers for.
Manila’s finest
This is what Manila police officers are supposed
to be: Manila’s finest. Manila Mayor Fred Lim knows this only too
well as he once exemplified the model policeman—dignified and
honorable, respected by both citizens and the men under his command.
That is why every now and then I’d like to
call his attention on some policemen who seem ill-suited to their
uniforms. Lately, I’ve been receiving a number of complaints about
a squad car patrolling the Malate and Vito Cruz areas. This squad,
with a certain police officer named Lagasca and another one named
David supposedly manning it, allegedly likes to hold random
checkpoints and likes to stop motorists rather unreasonably, usually
shining their powerful flashlights on the drivers’ faces.
These policemen are certainly not the friendly
Mamang Pulis chief PNP Avelino Razon would like to be proud of.
Their victims have mostly been students and other young urban
workers who live in the area (where La Salle and St. Scholastica’s
College and many dormitories and condos for students and yuppies are
located.)
I said victims because those who asked for my
help to call the mayor’s attention ended up paying the policemen
just so they could escape undue harassment. And because they were
simply scared.
They said they were stopped in a dark area, and
there were hardly any other vehicles or people around. And the
police officers immediately looked like they were up to no good.
I know the good mayor will look into this. He of
all people knows policemen exist to serve and protect, and not
terrorize citizens.
mlatimes@gmail.com
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