Press Release
February 15, 2008

Senate asks SC to refuse Neri's plea to evade arrest

Senate President Manny Villar today said the Supreme Court should allow the Senate to implement the arrest order against Commission on Higher Education Chairman Romulo Neri and help the Senate in its quest for the truth behind the controversial National Broadband Network-ZTE deal.

"The Senate in issuing the arrest warrant against Secretary Neri is acting within the law. Certainly, it is not arrogance that compelled us to do this after the good secretary defied again and again the Senate's valid invitations to appear before us. We are after the truth, and we only exercised our power in order to make this happen," Villar said.

The Former Economic Planning Secretary filed a supplemental petition with the Supreme Court praying for the issuance of a temporary restraining order against the implementation of an arrest order issued by the Senate. The Supreme Court issued a status quo ante order and required a comment from the Senate.

Villar, together with Blue Ribbon Chairman Alan Peter Cayetano and Counsels David Jonathan Yap, Dean Pacifico Agabin, Jose Cadiz and Carlos Miranda, personally filed the 40-page comment with the Supreme Court today.

"We pray that the High Court will rule in our favor and allow us to proceed with the performance of our legislative functions as mandated by the Constitution," Villar said.

In the comment, the Senate argues that the Senate in issuing the arrest order did not act with arrogance and has not abused its authority in implementing the arrest order after Neri failed to honor Senate invitations on September 18, 20, October 25 and November 20 last year.

The Senate in issuing the assailed order did so in the valid exercise of its legislative powers in light of the repeated refusal of Petitioner to appear before the Committees by erroneously invoking executive privilege, the comment said.

It also argues that the order of arrest does not at all side-step the President's invocation of executive privilege. It meets the issue head-on as Respondent Committees have exercised their duty to conduct legislative investigations to its full extent. Villar said the Supreme Court ruling is important in resolving the impasse between the Senate and the Executive Department. "Malalaman na natin kung ano ang extent ng kapangyarihan ng Senado para magpatawag at mag-issue ng mga arrest orders at ang executive naman para malaman nila ang hangganan ng kanilang hindi pagsunod sa ganyang mga subpoena," he said.

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