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Thursday, May 15, 2008

 

Decision on Senate’s motion out by June ‘08


THE Supreme Court is hopeful that it will come out with a decision next month on the Senate’s motion for reconsideration that seeks a reversal of the Court’s earlier decision which upheld the right of former Socioeconomic planning Chief Romulo Neri to invoke the principle of executive privilege.

The High Court spokesman, lawyer Jose Midas Marquez, on Wednesday said the Court has just finished its summer session in Baguio City and is currently on recess, giving the justices more time to study the 108-page petition filed by the Senate.

The motion for reconsideration was submitted last April 8 by Senators Alan Peter Cayetano and Benigno Aquino 3rd in behalf of the three joint committees—Blue Ribbon, Trade and Commerce and National Defense and Security—which are investigating the national broadband deal controversy.

“Hopefully by June there will be a resolution on the [Senate’s] motion for reconsideration,” Marquez said.

According to Marquez, the justices will be studying all the issues relating to the High Court’s majority decision and as well as the dissenting opinion of Chief Justice Reynato Puno.

“There were other issues that cropped up that we do not know after the main decision, along with the Chief Justice’s dissenting opinion, came out,” Marquez added. “I think this is what our justices will probably look into.”

Last April 15, the High Court failed to come out with a decision  on the Senate’s motion for reconsideration.

In a two-page resolution, signed by Assistant Clerk of Court Felipa Anama, the High Court en banc instead gave Neri and the Office of the Solicitor General (OSG) 10 days to submit their respective comments on why it should not grant the Senate’s motion.

The High Court en banc also directed the three Senate committees conducting the joint investigation to file a reply to the comments of Neri and the OSG within 10 days from receipt of the said comments.

On March 25, the High Court voted 9-6 granting the petition of Neri to invoke executive privilege. The nine justices that voted in favor of Neri’s petition were Renato Corona, Minita Chico-Nazario, Presbitero Velasco, Antonio Nachura, Dante Tinga, Leonardo Quisumbing, Ruben Reyes, Teresita de Castro and the newly appointed justice, Arturo Brion. De Castro penned the majority ruling.
--William B. Depasupil

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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