Supreme Court Decision on Neri Questions - A Shield?

Senator Rodolfo G Biazon today said the Supreme Court ruling granting Executive Privilege to Secretary Romulo Neri in relation to certain questions asked by the members of the Senate relative to the ZTE NBN inquiry could be considered as a big blow on the principle of transparency in government.

"I am surprised at the ruling of the Supreme Court. Transparency provides the means as a co-equal branch of government such as the Legislature to perform its oversight functions and provide check and balance."

Biazon asserted, "Without transparency, there can be no check and balance. Without check and balance, there can be no democracy in this country."

"During the oral arguments on the petition of Secretary Neri, there was a consensus by all the members of the Supreme Court that Executive Privilege can not be used to cover up the commission of crimes," Biazon cited.

"The ZTE NBN hearings in the Senate is focused on investigating reported cases of corruption. The three questions being asked of Secretary Neri were directly related to these reported incidences of corruption in the ZTE NBN deal."

Biazon recommended, "It is important that clarifications be made that this Supreme Court ruling will not provide a shield for wrongdoings by government officials."

Biazon cited other points that should be clarified:

1. Who may invoke Executive Privilege in hearings being conducted by the Legislature?

2. How may this invoking of Executive Privilege be done ? Meaning, what procedures are to be followed?

3. Is this ruling a blanket authority for any member of the Executive to invoke Executive Privilege? Or, is this focused only on the three questions being asked of Secretary Neri?

"The members of the Legislature are elected by the people as their representatives in the co-equal branch of government. If we can not ask questions, who will represent the people in such cases such as the ZTE NBN deal of which the people must be informed? " Biazon concluded.