Let’s start with Neri and executive privilege: A timeline courtesy of the PCIJ.
My column today is A color of constitutionality The Inquirer editorial today is In aid of transparency, My column was less enthusiastic than today’s editorial about the compromise offered by the Chief Justice: Fr. Joaquin Bernas, S.J. who, by all accounts, was coaching the legal team arguing the Senate case, wasn’t pleased, either, but tried to make the best of it in A case of delicate balancing -but all have been overtaken by events.
The problem is of course, something that came as a surprise yesterday evening: Senate rejects SC compromise on Neri.
(see also, Senate rejects compromise: Conditions set by SC seen as crippling legislature) I’ve been mulling over the reasons why the Senate decided to harden its position and rebuff the Supreme Court. I think the Senators decided they are operating from a position of strength, legally and politically speaking.
By all accounts, going into yesterday’s oral arguments, the Supreme Court was split, 7-7, on Neri’s petition. The effect of such a vote, if it had taken place, would have been to deny Neri his petition. However, revealing, in essence, a party-line vote would have discredited the Supreme Court, because it would have shown that even clearly significant cases are now reduced to which justice is loyal to the President, or not.
For that reason, it would have made sense for the Chief Justice to throw the ball back in the Senate’s court, hoping it would clarify the extent to which Neri intended to be obstructionist. The Palace, for its part, faced with a sure loss if the Supreme Court had voted, could also look forward to a reprieve, while Neri in the meantime could invoke executive privilege, get into trouble with the senators, and have the whole thing end up back in court.
By which time, a new Justice would have been appointed, thus further firming up the administration’s numbers in the high court.
The Senate, though, in rejecting the compromise offered by the Chief Justice, and which has therefore puts pressure back on the court. The Supreme Court can now proceed to drag its feet: SC needs time for final ruling on executive privilege.
Lawyer Teddy Te, for one, is happy over the Senate’s decision (see his blog, Vincula):
After nine hours of orals, the Supreme Court Chief Justice offers a compromise–perceived by Malacanang to be “solomonic”, which should already put you on guard–to the Senate: 1. Neri will testify at the Senate, 2. he will not be arrested anymore, 3. but the three questions he had invoked “executive privilege” against will not be asked anymore and will be considered asked, and 4. each and every time he invokes executive privilege, the issue will be tossed back to the Court.
My first reaction was that it was a “cop out” by the Court, after strong decisions on press freedom and showing strong resolve against EJK and ED with amparo and habeas data. Later on, after speaking with very reliable sources, it made sense–though I still didn’t agree with the compromise; my sources told me that the CJ and Justice Carpio felt outvoted by the Gloria people in the Court and feared a loss had they insisted on a decision–so to avoid a loss, the CJ offered the compromise. One step backward, two steps forward–was it Lenin who said this, or Tommy Manotoc? Yes, it made sense but it still left me with a bad taste in the mouth.
If the Senate approved the deal, Gloria wins, hands down and the Senate loses, big time. The power of the Senate to summon witnesses would be severely impaired and the dictator gets away with silence on the three questions that directly place the ZTE deal at her doorstep.
I am glad that the Senate FINALLY acquired a collective spine (did that include you, Joker?) and some collective sense of identity and history and said, “thanks, but no thanks.” I hope the SC addresses this issue and, despite the lifting of E0 464, rules that its invocation under those circumstances was not proper and that Neri SHOULD answer those 3 questions.
This explains, to my mind, why the Palace slams Senate’s ‘arrogance’ for rejecting SC proposal. The compromise could have hidden the party-line vote it had in the Supreme Court; and it bought that most precious of political commodities, time. But, since anything is possible, it could also happen that an irritated Supreme Court, piqued by the Senate’s rejection, could then simply decide in Neri’s favor.
In the meantime, returning to Fr. Bernas’ piece, some problems now arise:
If no compromise is reached, will the court require Neri to appear at the Senate? Neri has claimed that he has the right not to heed the Senate’s call.
Should the court require Neri to appear, it would mean that for the court, the current Senate inquiry is not one where President Gloria Macapagal-Arroyo may prevent a department secretary from appearing, as provided for in Article VI, Section 22 of the Constitution.
Rather, the court would be saying that the current Senate inquiry is one in aid of legislation under Article VI, Section 21.
In Senate v Ermita, the court said that only the President and justices of the Supreme Court are exempt from summonses to an investigation in aid of legislation. Neri is neither the President nor a justice of the Supreme Court.
Should Neri still refuse to appear, in effect he would be claiming a right analogous to the right of an accused against self-incrimination. An accused can completely refuse to take the witness stand.
But if Neri is required to appear, the court would be saying that his situation is more analogous to the right against self-incrimination of a witness who is not an accused.
A witness who is not an accused may raise the defense of right against self-incrimination only when an incriminating question is asked. He has no right to refuse to take the witness stand altogether.
By analogy, the court would be saying that Neri may raise the issue of executive privilege only when a question he deems to be against executive privilege is asked.
It should be remembered that executive privilege belongs to the President and to no one else. At most, it can be claimed by the executive secretary by express authority of the President.
Hence, Neri must be able to show that after prior consultation with the President, he was instructed to claim executive privilege.
Whereupon, following the teaching of Senate v Ermita and in accordance with the tenor of the questions posed by the justices on Tuesday, Neri will be asked what exactly he is seeking to hide behind executive privilege.
At this stage, and as already mentioned during the Tuesday hearing, it may become necessary for the court to examine in chambers the secret sought to be guarded by the executive for the purpose of determining whether indeed the matter can or should be legitimately kept from the eyes of the public.
After all, the Senate has to be properly informed if it is to legislate intelligently, and the public generally has a constitutional right to be informed of matters of public concern.
Moreover, as already admitted in the Tuesday hearing, criminal matters are not covered by executive privilege.
Meanwhile, the story behind this news item –Arroyo revokes EO 464 after meeting with religious leaders– I found out last night. No one was supposed to know the President was going to meet her allied bishops, particularly the ones from Mindanao, at the Discovery Suites. However, the media was tipped off and reporters camped out. This meant that attendees were observed coming and going. And that the President ended up making her announcement sooner than planned. Speaking of bishops, Patricio P. Diaz dissects recent statements by the Catholic hierarchy.
In the meantime, Senators also want Memorandum Circular 108 scrapped. Check out smoke’s comparison of E.O. 464 and M.C. 108.
When he does publish a book, it will a doozy. Read Lito Banayo’s growing feeling of Déjà vu. Meanwhile, the plot thickens: Arroyo not just witness at NBN-ZTE deal signing: and Another China contract missing.
And Gail Ilagan has some interesting observations concerning Lozada’s abduction.
Economic news: Poverty worsens between 2003 and 2006, according to the National Statistics Coordination Board. (see Poverty worsens despite growth and Poor Filipino families now number 4.7 million and More Filipinos below poverty line ) In his blog, [email protected] comments on the figures. In his column, Peter Wallace says that while government claimed 7.3 percent GDP growth last year, the real figure is about 4.8 percent growth. See also Inflation surges to 5.4% in February and NEDA expects to record growth slowdown in Q1.
How do foreign analysts go about determining risk in the Philippines? Read Forecast that Arroyo will survive has ‘large margin of error’ – analyst.
In the blogosphere, Phoenix Eyrie, Reloaded, is at the very least, ambivalent about opposition to the President. Spring Roll is confused by recent events. Mandaluyong High School says, let’s think positive. Splice and Dice thinks that the issues gives people a chance to seize the day. blackshama believes the old People Power is dead, long live whatever replaces it.
Observations from a Lowly Traveller is looking forward to migrating. Bayan ni Kabayan looks at the Neri chart.
i think i’ve only resorted to openly cussing fellow posters in here twice. the first was of course ColdKing who was a micro-racist, and the second was John, who is enamored with fascism but thinks himself as something else.
i’ve cussed here often enough, but they were always directed towards govt officials, and i made it a point not to attack other posters personally.
but what can you say? i am human too, and not a robot. i will get mad at times. esp abt things i am passionate abt or things that irk me. two things that will always get you in firing line of my sharp tongue are these: discriminatory comments agst others, and pretentious intellectualism.
now to my credit, i can take it as well as i can dish it. you notice john wasn’t exactly benign in his response to me, but i am in no way mad at him for it. i know what his reaction will be and i expect it.
this is a blog were ideas get thrown abt, discussed, debated, argued. emotions will run high and unpleasant words will be exchanged. but in the end, we all hope that we can agree to disagree and become friends.
a few of the posters i’ve crossed swords with are: bencard, benigno, rego, cvj, djb, cat, a.scalia (i’m forgetting others, but cmon, this is like the oscars, im bound to forget others that need commendation 😀 )
we all had times we disagreed with each other – VEHEMENTLY, but in the end, that did not diminish my respect for these people, or for the ideas that they presented.
think of Manolo’s blog as an alchemy pot. that when certain people get mixed together, expect a combustible reaction. hehe.
I try read mlq’s forum from time to time and has always found the discussions fiery and lively but always points are raised and discussed. This past few days tho, I’ve noticed that the arguments start to deviate from discussing issues to discussing the forum people.
So, breaking my silence, I would like to ask everyone to please go back to discussing issues and points raised by mlq’s blog entries?
As for me. I agree with the senators’ decision to reject the compromise agreement. Mostly because this gives us an insight into the character of the supreme court when they make their decision. Does the supreme court put the value of executive privilege above the value of seeking the truth? It is a hard decision no doubt.
Yung dapat lang i-ban dito ay ang argumentum ad hominem and speculation on personal circumstances.
Not because these are rude, but because nakaka-bobo ang mga ganyang style. These styles should be purged from Pinoy-style debate.
Yun lang. 😀
I wonder how Bencard and Bengin0 would think about this.
rego,
pasok yung mga manok mo sa Idol top 12.
Buti naman me Pinay ulit.
Yung David (dami David ,basta yung sinabi mo)kala ko matanggal bak akasi madami maniwala ke Simon na gloomy sya….
Devils hindi ako yung Karl na nag comment tingkol ke sa skinheads;ang dami kasing Karl eh,buti nakita ko minsan kasi mkatagal ako nawawala dito.
Ok benigs,if I am one of those who speculate on personal circumstances and to the rest,I apologize.
Tonio, Sir I reiterate hindi po ako yon
ang nakita ko lang common denominatir ay brother, na ginagamit ko tulad ng Musilim Brothers at kapatid na Fil-am.
i have mentioned in other threads that I respect the Cat,Rego,Bencard and all of you even Benigno.
On speculating on personal circumstances mukhang ginawa ko na naman kanina tungkol sa pagiging Ayer ni Ramrod, Kung offensive foul yun sorry.
Kung me nalimutan ako, sorry
i really do not believe that GMA will fight to the the end to retain her post.
If we agree that the present administration is motivated only by greed and lust for power, then people defending this regime will run at the first sign of defeat.
History will tell us.
All leaders fight to death only of they are motivated by higher or noble calling.
:p
but then, if she is motivated by her desire to make this country prosperous, then she will fight.
What do you think?
What motivates her to cling to power?
🙂
opps, again.
Cat, kapal. hehehe
YOu have a long way to go to learn how to shoot without using a live bullet.
When the forum becomes toxic and reeks of stench, it attracts flies.
And that’s the reason why I HATE THOSE CUSSING-WRITING-IN-ALL-CAPS COMMENTERS IN THIS FORUM.
Wooops. Blame my dysfunctional keyboard, the capslock won’t unlock.
This message is only for those with IQ of 25.
Respect for freedom of expression aside, I agree with this. It’s a tactic that’s a bit lacking in taste, like bringing a club to a swordfight.
observe ko sa forum na to, may smart, may magaling mag-articulate, may pseudo-intellectuals, may feeling PhD na walang sense of humor, may sensitive na socialista pero malakas din ang dating, may astig mag-retort…
congrats MLQ3 for managing to attract such wide array of personalities without suppressing who they are and what they have to say.
tigasan lang ng loob pag sumasabak dito.
so, if gloria is removed, you have to scrap the constitution for your personal bets to take over since you don’t want those constitutional sucessors (de castro & villar for not being fit) to take over.
yan ay kung kayo ang masusunod. at bakit magkakautang ng loob si de castro kanginuman kung matanggal man si gloria?
>>>>
ang sigaw ng mga tao ngayon, “lozada for senator†ang bagong kilabot ng mga kampus.
Truly a microcosm of the outside world, this blog comment box.
Really, Argumentum ad hominem in a place where identities are hidden by handles and pseudonyms?
I’m all for a free for all in the web. It’s the only place where we can be unbounded.
Some ideas turn out to be crap (including mine), but it’s better to bring it out in the open to be trashed. digested, or mocked. It’s part of the learning process.
benign0,
precisely what i’m afraid of. they will turn people power into an institution.
anarchy? proletariat revo? socialism? communism?
wag na uy.
trip ko lang hindi ako magkaroon ng presidenteng kinukurakot ang withheld tax ko. demet.
resignation. pipol pawer. paalisin ng militar. eh ano ngaun kung nakakarami na tau ng Pipol Pawer? di naman natin ginawa mga un para lang magbilang. ginawa natin mga yun dahil may criminal na nakaupo sa Malakanyang.
hanggang ngaun, meron pa rin.
hahayaan lang natin dahil nakadalawa na tayo?
People Power as a last resort was provoked by the corruption and abuse of power by Gloria, her allies and hacks themselves. As such she reaps the whirlwind.
It is time to impose zero tolerance on corruption and those who defend it.
Pro-corruption groups, alis diyan.
gloria abused power. kabayan wants to abuse people power
thanks tonio. brutal ba? i thought i am using my nephew’s glove to deal with some people, then i found out that the little kid left some of his marbles inside. hahaha
grd, I believe he knows it’s true but the temptation to respond to adversaries is just so great that some people forget that they have job descriptions to follow.
i had nothing but sympathy for people i knew who were active in the forums and lost their jobs when admin found out that most of their company time were spent in forums like this.
My concern is genuine.
curious: my not-so-potent posts are moderated. yet the F-words above aren`t. hmmm…
sus. i cannot believe some posters here come on “strong” pero pag may kumakantyaw naman sa kanila, nagpapalipad ng “admin-knows-so-beware” tactics. genuine concerns? what a phony. please lang. debate kung debate.
kabayan, naireport mo na ba ang kapitbahay nyong naka-bmw na corrupt sabi mo?
grd,
Oo grd, nakareport na at stored sa multiple database
Ikaw mindanaoan, what did you do or did not do? Status quo ba?
Ikaw grd, anong kontribusyon mo sa anti-corruption efforts?
i can only post comments. that’s all i can do
mindanaoan said,
That figures
http://www.pnoc-ec.com.ph/newsevents2.html
Here is what PNOC have to say about JMSU.
JMSU on to its Second Phase
December 3, 2007
The second phase of the Joint Marine Seismic Undertaking in the South China Sea (JMSU) is now underway. This joint study, which involves the national oil companies of the Philippines, China and Vietnam represented by PNOC Exploration Corporation, China National Offshore Oil Corporation (CNOOC) and Vietnam Oil and Gas Corporation (PetroVietnam) respectively, took effect in July 2005 and aims to assess the petroleum potential of a certain area in the South China Sea. The agreement has a 3- year term covering an area of 142,886 km 2 located in the contested waters west of Palawan. The JMSU will only entail seismic acquisition, processing and interpretation. All other activities other than the seismic study will be subject to new negotiations and possibly new Agreements among the three companies.
The three companies’ decision to proceed to the 2 nd phase was prompted by the encouraging results of the 1 st phase. The seismic acquisition survey has a 12,000 km program, which is currently on-going. The survey started in October 10, 2007 and around 4,500 kms has already been acquired. The seismic survey is expected to be completed by the first quarter of 2008, after which, the data will be processed in Vietnam and interpreted in Manila.
The JMSU is considered a big step towards transforming a previous area of conflict into an area for possible cooperation and mutual benefit. The agreement is however designed to be commercial in nature and does not affect territorial claims of the respective countries of the area.
=======================================================
According to the PNOc, the agreement is a commercial one and have nothing to do with territorial claims.
I heard that the Foreign affairs commitee has already crafted the Baseline law, pero pending pa din since last congress. The baseline law,should take care of our territorial issueas even with malaysia and Indonesia.
But for the time being let us just cross our fingers that our territorial claims would not be affected.
kabayan, i don’t think there are any “pro-corruption” individuals or groups, other than the practitioners themselves. i’m sure nobody in this blog is pro-corruption. please don’t equate not being a gloria-hater as being tolerant of corruption in public office. if you are able to present palpable and properly tested “evidence” of her culpability, i’m certain none of these so-called gloria defenders (including yours truly) will hesitate to join the chorus for her removal and her being brought to justice.
what is truly hateful is this penchant for pre-judgment – condemnation before substantiation. look at what they are doing to our kids from age 3 to 17, e.g., lozada going the rounds of campuses to politicize and indoctrinate minors to his way of thinking urging them to hate “gloria”, in particular, and the government, in general. what responsible adult would brainwash children, for whatever evil purposes, to be pre-judgmental and bear hatred in their hearts which they would carry to adulthood. what kind of citizenry do they expect to develop out of that misguidance? no better, but much worst, than what we have now, i’m sure. we shall reap the wind that we sow.
Bencard,
You are entitled to your opinion. As some people say nowadays … Noted.
…
Kabayan forgets — People-power provoked :
— by Marcos
— by Cory (according to Honasan and his military and media-backers);
— by Erap (according to cvj, Lambino and others);
— by GMA (according to Satur, Trillanes, Honasan, cvj, Q3, kabayan, jen and their media- and other backers);
I’ve said this once before. The country really should institutionalize a much more equitable version of NCR-based-PeoplePower. Instead, just have elections every 3 years.
What is nonsensical is that a solution to PeoplePower — getting the voters to elect People-Power-cowed congressmen, or at least to people-power out three or four nonPeoplePower congressmen — seems to never be an objective (and definitely not an accomplishment) of PeoplePower-philippine style.
My fearless yet fearful prediction — irregardless of GMA, that there will be deja vu all over again.
Pre-judgment was borne of cover-ups, crackdowns, repression and abuses of this administration. Now the people are waking up, Gloria wants to play the Harp of Reconciliation. She has proven before and have proven for time to time the liar she is. Time for her to go.
kabayan, in my small way, i don’t practice it. i follow the law. i don’t bribe people. say, if i get reprimanded in traffic, i give my license instead of just paying the officer para di lang maabala. if i transact business to govt offices, i fall in line. small time lang naman kasi ako. ordinaryong empleyado ba.
at kagaya nyo dito sa forum, i am denouncing corruption too but not through people power or ningas kugon lamang but through continuous vigilance. at hindi ako nagmamarunong-marunongan kung sino ang puede at hindi puedeng iloklok na pamalit ni gloria sa puesto ng president.
yung database na sinasabi mo anong gagawin diyan?
There is only so much of these abuses that Gloria can dish out to the people, now the cup runs over, time for her to go.
grd,
Whatever happening now is borne of cover-ups by this lying president. The spirit of the law WILL NOT PROSPER under Gloria and her ilk. Time for her to go.
…unlike some who fantasize themselves knights in shining armor…
Remember Col. Balutan and General Gudani? They hatched up a midnight E.O. 464 and persecuted them. They RELEASED the E.O. on the VERY DAY that they were testifying and they suffered for it. Such a thicked faced move.
Whatever happened to Bedol now? How about Musa Dimasidsing? Out of touch and out of mind? And now Gloria has herself a resthouse, Cage of Bayonets in Crame. Gloria and her ilk must go.
kabayan, what’s your timeline for her to go? it’s been 3 years already since people started saying that. notice why i’m doing a countdown here? you and the others have been saying that gloria’s days are numbered so i’ve started counting the days. i’m doing it for you.
kabayan, your response is full of unsubstantiated premises. c’mon, you sound articulate enough – show us what you’ve gut. like some wag say, “if you have NOTHING to say, don’t say it here!”
Of course we still remember the first Charter Change attempt and how she and her allies tried to ram it down our throat, anybody still remember that? Or is it out of sight and out of mind?
maginoo:
nope, the photo is courtesy of our tax pesos:
http://www.pcpo.ph/index.php
mindanaoan,
You do not need to be a knight in shining armor to do the right thing. Bakit mindanaoan, Status Quo ba?
i had nothing but sympathy for people i knew who were active in the forums and lost their jobs when admin found out that most of their company time were spent in forums like this.
My concern is genuine. – the cat
In this country, no one oversees me. But you’re right its still wrong. No excuses.
grd, “ang kapal” true – I can afford it, I doubt of you can though… 🙂