October 26, 2007 · Posted in: Access to Information, Congress Watch, Governance, In the News, The Judiciary
SC asked to nullify executive privilege on NBN documents
CALLING it part of an effort to hide bribery and criminal activity, Senators Mar Roxas III and Benigno ‘Noynoy’ Aquino III today asked the Supreme Court to invalidate the executive privilege that Malacañang invoked to keep some documents in relation to the US$329-million National Broadband Network (NBN) project confidential.
In a 24-page petition before the High Court this morning, the two lawmakers argued that the invocation of executive privilege by Executive Secretary Eduardo Ermita “constitutes grave abuse of discretion.”
Read the full text of the Roxas-Aquino petition.
The case stems from a September 27, 2007 order by Ermita to acting National Economic and Development Authority (NEDA) Director General Augusto Santos barring the agency and its officers from releasing three specific documents related to the NBN deal to the Senate Blue Ribbon Committee. The order covers the minutes of the March 26, 2007 meeting of the NEDA-Special Joint Investment Coordination Committee, minutes of the March 29, 2007 meeting of the joint NEDA Board and ICC, and the project evaluation report dated March 26, 2007.
“The fact is that, in previous hearings conducted by the Senate Committees, they have acquired substantial evidence that the information requested concerns criminal activity not only by Executive officials but also by the highest official of an independent Constitutional commission,” the two Liberal Party senators said.
The NBN deal was allegedly marred by bribery in many stages, as can be gleaned from testimonies of people involved in the project. In the Senate’s September 26 hearing, former NEDA Director General Romulo Neri testified that over a golf game, then Commission on Elections Chairman Benjamin Abalos Sr. offered him P200 million if the NBN project is approved. Jose de Venecia III of Amsterdam Holdings Inc. (AHI) said he was offered US$10 million by Abalos in exchange for his firm’s pullout as bidder.
Yesterday, de Venecia III, quoting businessman Enrique Razon, told the Senate that First Gentleman Mike Arroyo was the deal’s “coach” who stood to gain US$70 million from the project’s approval. Abalos and Arroyo have denied the allegations against them.
“Executive privilege does not extend to criminal activities like the bribery allegations of unprecedented magnitude involved in the NBN project,” the lawmakers said. They asked the High Court to issue a writ of certiorari to nullify the Ermita letter ordering Santos not to release the documents, and a writ of mandamus to compel Santos to submit all documents related to the NBN project to the Senate.
The petitioners cited several constitutional provisions that guarantee the public’s right to information, rejecting Malacañang’s statement that the issue involves diplomatic secrets between Manila and Beijing, which is extending the loan for the deal. They said it is purely a commercial transaction, and since the contract as Malacañang claims has been cancelled, the argument has lost validity.
“It is about the decision-making process that led to this,” Roxas said. He said the documents will reveal the considerations, the advocates, the opponents, and the entire discussion leading to the approval of this contract. And those may be things Malacañang is not prepared to reveal as yet.
3 Responses to SC asked to nullify executive privilege on NBN documents
bong velasco
October 30th, 2007 at 9:34 am
I fully agree with the logic of Sen. Miriam Santiago that the real problem of the NBN deal is a squabble between two group of commissioners doing one over the other who gets the bigger commission and who gets less. this internal problem of the two warring groups ( or more)is costing the government millions of pesos and precious time of the senate and probably the lower house in investigating who get the better share of the commission. these two independent bodies will somehow sloved their problem of deviding the commssion.
jr_lad
November 1st, 2007 at 2:35 am
“these two independent bodies will somehow sloved their problem of deviding the commssion.” bong v.
that could be the case if the NBN deal pushed through. but now that it’s been exposed and even listed as one of the complaints in the planned impeachment case vs gloria, i think it’s quite certain that the deal is dead.
bluemoon
November 19th, 2007 at 2:59 pm
I think Sec. Neri is entitled to executive privilege for communications made in confidence with the president. Such claim is sanctioned by both the Constitution and jurisprudence. The Constitution recognizes the right to privacy of communication and correspondence, while the Supreme Court ruling in Senate vs. Ermita cites a U.S. court ruling in a case involving former U.S. president Nixon where his right to invoke executive privilege for private communications was recognized.
The Senate can get the information that they need for their so-called investigation through other means. Depriving Neri of his right to invoke executive privilege infringes upon the very basic right guaranteed to all citizens by the Constitution – the right to privacy of communication and correspondence.