Neri and executive privilege: A timeline

IN September 2007, the Senate’s blue ribbon, defense, and trade committees held investigative hearings, in aid of legislation, on the controversial telecommunications deal that amounted to $329.5 million — allegedly padded with $130-million commissions for high-ranking officials, including former Commission on Elections (Comelec) chair Benjamin Abalos Sr. and First Gentleman Jose Miguel Arroyo.

On September 26, 2007, Neri, attending by invitation, testified before the Senate that Abalos, alleged broker in the deal, offered him P200 million in exchange for NEDA’s approval of the project.

Moreover, Neri said he told the President of the bribe attempt, to which the latter advised him to ignore. Senators asked Neri what he and the President discussed thereafter, but he refused and invoked the right to executive privilege.

On November 13, 2007, the Senate blue ribbon committee issued a subpoena to Neri, requiring him to appear and testify further before the Senate on November 20.

On November 15, 2007, Executive Secretary Eduardo Ermita sent a letter to Cayetano, requesting that Neri’s testimony on November 20 be dispensed with because of the executive privilege that he was invoking “by order of the President.”

Upon this order, Neri did not appear before the Senate on November 20.

On November 22, 2007, the respondent committees of the Senate issued a show cause order, requiring Neri to explain why he failed to appear in the said hearing — reasons “why he should not be cited in contempt.”

On November 29, 2007, Neri sent a personal reply, including his counsel’s letter that indicated reasons for his non-appearance.

“It was not my intention to snub the last Senate hearing. In fact, I have cooperated with the task of the Senate with its inquiry in aid of legislation as shown by my almost 11 hours stay during the hearing on 26 September 2007,” Neri said in his letter. “In good faith, after that exhaustive testimony, I thought that what remained were only the three questions, where the Executive Secretary claimed executive privilege. Hence, his request that my presence be dispensed with.”

On January 30, 2008, the respondent committees issued Neri a warrant of arrest for failure to appear and testify in the hearing that were scheduled September 18, September 20, October 25, and November 20 last year.

On the same day, Neri replied with a letter, requesting the Senate to reconsider the said resolution based on two grounds. Neri cited Ermita’s letter claiming executive privilege and his request of being furnished with the Committees’ questions in advance.

And so, on February 1, 2008, Neri filed a petition for a restraining order to stop the Senate from implementing the warrant of arrest, following the contempt citation issued by the respondent committees. (see also supplemental petition)