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By William B. Depasupil and James
Konstantin Galvez, Reporters
Amid criticisms, Justice
Secretary Raul Gonzalez expressed belief that the Supreme Court
would not reverse its 9-6 decision granting the petition of former
Socioeconomic Planning Secretary Romulo Neri not to answer certain
questions before the Senate citing executive privilege.
“I cannot read the minds
of the justices, but I think a motion for reconsideration may be of
not much value. This is a decision of the entire court en banc,”
Gonzalez told reporters.
The Justice chief also
called on the senators, particularly the members of the three joint
committees investigating the scrapped $330-million national
broadband deal, to respect the High Court’s decision.
It is the essence, he
pointed out, of a working democracy whereby the three branches of
government —the executive, the legislative and the
judiciary—balance and check each other.
“You have never heard the
President complain about the SC [Supreme Court]. No matter how
grudgingly we accept it, we follow because we respect the rule of
law,” Gonzalez stressed.
The Senate has not yet
decided whether to file a motion for reconsideration. It has 30 days
to appeal the decision.
The Senate has also to decide
whether to suspend or continue its probe on the broadband deal
following the High Tribunal’s decision.
Earlier, opposition Sen.
Panfilo Lacson expressed belief that it would be futile to file a
motion for reconsideration as the High Court is not likely to
reverse itself.
But Minority Leader Sen.
Aquilino Pimentel Jr. said the senators would still have to decide
on the matter.
High Court spokesman Lawyer
Jose Midas Marquez said that the senators can file a motion for
reconsideration if they are dissatisfied with the ruling. He added
that the independence of the justices was evident in the 9-6 result
of their decision.
Marquez stressed that even
if 13 of the 15 justices were appointed by President Gloria Arroyo,
six of them decided to rule against Neri’s petition.
The decision was controversial,
including among the justices.
In a 38-page dissenting opinion,
Justice Antonio Carpio said that Neri and the President talked about
bribery,” a crime itself.
“Public office is a public
trust and not a shield to cover up wrongdoing. Petitioner must
answer the three questions asked by the Senate committees,” Carpio
said.
In his 120-page separate
opinion, Chief Justice Reynato Puno did not give credence to the
claim of Executive Secretary Eduardo Ermita that the country’s
relationship with China may be put at risk if Neri will be forced to
answer the three questions.
Meanwhile, the Philippine
Chamber of Commerce and Industry (PCCI), supports the Supreme
Court’s decision on executive privilege. But other sectors,
including oppositionists and legislators continue to oppose it.
The United Opposition officials
called the decision ‘unfortunate’ as it will hinder the task to
uncover the truth behind the broadband deal.
The Gabriela Women’s
Party criticized the decision as “a very dangerous precedent that
virtually gives the president a cloak of immunity from
accountability.”
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