|
The Senate is violating the Constitution if it
continues conducting investigations in aid of legislation without
published rules of procedures, President Gloria Arroyo’s election
lawyer said.
“The decision of the Supreme
Court on [Romulo] Neri’s case clearly shows that the proceedings
of the Senate committee investigating the alleged ZTE Corp. scandal
are unconstitutional,” Romeo Macalintal, Mrs. Arroyo’s election
lawyer, said.
Neri is the former socioeconomic
planning secretary and now chairs the Commission on Higher
Education. The Senate wants Neri to reveal more details about the
alleged anomalies in the broadband deal.
“The Senate cannot conduct any
investigation in aid of legislation because it does not have
published rules as required by the Constitution; without such
published rules any such investigation by the Senate is
unconstitutional,” Macalintal said.
He added that even the Senate’s
previous investigations are affected or will suffer from such
infirmity.
“Hence, any committee of the
Senate cannot as of now conduct any inquiry in aid of legislation
until such rules of procedure is duly published.”
Meanwhile, Press Secretary
Ignacio Bunye said he doesn’t see a constitutional crisis
happening because the High Court recently clarified the extent of
the investigating powers of the Senate.
“The Supreme Court drew the
line on the extent of the investigative power of the Senate and I
don’t see any possibility of having a crisis. I believed
legislators are bound by the decision. Anyway they have the chance
to file a motion,” he said.
The High Court voted 9-6 in favor
of Neri’s petition to exercise executive privilege on certain
questions raised by the Senate in its probe of the broadband deal.
--Angelo S. Samonte
|
