Neri to attend Senate inquiry; executive privilege still stands

MANILA, Philippines - Romulo Neri, former director general of the National Economic Development Authority, will attend Friday's Senate inquiry into the national broadband network contract with China’s ZTE Corp., but lawmakers cannot ask him about the reported conversations he had with the President on the controversial deal. In a meeting Tuesday night, the lawmakers and Neri's counsel failed to enter into a "compromise formula" that would have allowed Neri to testify without being asked specific questions on the NBN-ZTE mess. Lawyer Antonio Bautista, Neri's counsel, said Neri will attend the Senate inquiry but will not reveal his conversations with President Gloria Macapagal Arroyo because it will affect national security and diplomatic relations with China. "It will reveal military secrets, it will offend people, like the Chinese. They may be offended. It will reveal the President's opinion on various matters," Bautista said. The decision to allow Neri to appear in Friday's Senate hearing was reached after about nine hours of oral arguments at the Supreme Court. With the deadlock, Neri still enjoys immunity from arrest by the Senate pending his petition before the Supreme Court. Senate majority leader Francis Pangilinan, however, said he and his colleagues will discuss the issue on Wednesday before going to the Supreme Court "within 24 hours." Neri earlier asked the high court for a restraining order to prevent the Senate from arresting him after he refused to appear before the legislative body investigating the NBN-ZTE deal. The justices on Tuesday grilled Neri’s lawyer whether the former NEDA director general correctly invoked the executive privilege to avoid disclosing matters that may impair national security and diplomatic and economic relations with China. Bautista said Neri’s conversation with President Arroyo "dealt with delicate and sensitive national security and diplomatic matters relating to the impact of bribery scandal involving high government officials and the possible loss of confidence of foreign investors and lenders in the Philippines." Neri, who was not present during the oral arguments, filed a petition in his capacity as former director general of NEDA, to stop the Senate from implementing the warrant for his arrest following a contempt citation issued by three Senate committees. Bautista accused the Senate committees – Blue Ribbon, defense, and trade – of "legislative tyranny" for insisting that Neri answer questions. Bautista said disclosing the content of a privileged communication between Neri and the President will likely "open the President to condemnation." He said that any future appearances before the Senate should first be preceded by questions being sent in advance, adding that under the present set-up, "any senator can ask any question under the sun." Upon interpellation by Associate Justice Antonio Carpio on why Neri thought his testimony might affect national security, Bautista said it was just an assumption because the Senate committee on national defense is involved in the investigation. Bautista said privileged communication would be rendered inutile if not honored by the senators. He said not all dealings of the President can be made public, and revealing privileged communication to the public would be an embarrassment, “like washing dirty linens before other countries." "You don't want the President to rule in a fishbowl, isn't that what transparency means? The President can't operate in that manner. Transparency is not absolute, just like freedom of the press," he said, adding that details of the transactions regarding the ZTE deal "would affect our friendly relations with other governments." Carpio asked if it was not part of the Senate's inherent powers to investigate the alleged bribery in the NBN contract, even if it involved Chinese officials. "How should we weigh between public disclosure (of the privileged communication) or to protect the Chinese officials? Should we protect diplomatic relations as against public interest?" Carpio asked. "Is there anything legally or morally wrong if the President follows up with Neri on the project, being the chair of the NEDA Board? If not, then why is Neri afraid?" he added. Associate Justice Adolfo Azcuna, citing the constitutional provision on the accountability of public officers, said "public officers are at all times accountable to the people," and that "in case of doubt, the Supreme Court will rule in favor of transparency." Chief Justice Reynato Puno also downplayed the arguments of Neri's counsel. Puno said there was no aspect in the scuttled NBN contract that directly involved national security and diplomatic relations, or if it was ever referred to the Department of National Defense or Department of Foreign Affairs prior to its approval. Puno cited the three written questions posed by the Senate to compel Neri to appear before its inquiry. These questions were: (1) Did the President have any interest in the NBN project? (2) Did the President order Neri to prioritize the NBN? and, (3) Did she order the continuance of the project despite his allegations of bribery? Puno asked lawyer Paul Lentejas, Neri's other counsel, how revealing the questions posed by the Senate to "debilitate" the President if indeed the project was aboveboard. "If the President wants to prioritize this project, why should the heavens fall on the President?" he asked. Sen. Mar Roxas, chairman of the Senate trade committee, said it is obvious that Neri is covering for the President in desperately invoking executive privilege. - GMANews.TV