Memo 108 a resurrected EO 464: Joker - Malaya 08.23.2006
SEN. Joker Arroyo yesterday said Malacañang has resurrected the "dead" Executive Order (EO) 464 through the issuance of Memorandum Circular 108 which practically empowers public officials to ignore any summons to a congressional probe.
"It is all-encompassing, promulgated for the guidance of all officials and employes of the Executive Branch, meaning from cabinet members down to the lowest ranking employe in the Executive Branch of the government; and from the 4-star general to the lowest buck private in the uniformed services," Sen. Arroyo, chair of the blue ribbon committee, said in a privilege speech.
He said MC 108 was issued by Executive Secretary Eduardo Ermita "by authority of the President."
Sen. Arroyo gave his colleagues a copy of the memorandum, which was essentially a re-hash of EO 464 that has been ruled unconstitutional by the Supreme Court early this year.
EO 464 barred public officials from appearing in congressional probes without the explicit consent of President Arroyo.
The new Palace memorandum instructs cabinet officials summoned by either chamber to ask for a 15-day grace period, the specific questions that would be asked during the hearing, and the law or proposed measure for which the inquiries are being made "in aid of legislation."
The order also entitles the President to "consider whether the subject matter of the inquiry is in aid of legislation and or falls within the scope of executive privilege."
Sen. Arroyo said the order defies the ruling of the Supreme Court on the matter. "Instead of adhering to the SC ruling, Malacañang responded with what amounts to a declaration of war - MC 108 - which mutilates the meaning of the high court’s ruling," he said. "It is as if the President won and the Senate lost in the EO 464 case, a display of arrogance and disregard for constitutional niceties.
"This is a plain and simple fabrication of Malacañang. A Berlin Wall to immunize all executive officials from the reach of legislative inquiries, in breach of the Constitution," he stressed.
Sen. Miriam Defensor-Santiago said the Palace directive should be "taken out and shot two times." She said a shot must be fired every time Malacañang invokes the order.
Sen. Panfilo Lacson said the Palace directive is a "serious" matter that deserves serious discussions by the Senate. His proposal for a Senate caucus was approved. – Dennis Gadil
"It is all-encompassing, promulgated for the guidance of all officials and employes of the Executive Branch, meaning from cabinet members down to the lowest ranking employe in the Executive Branch of the government; and from the 4-star general to the lowest buck private in the uniformed services," Sen. Arroyo, chair of the blue ribbon committee, said in a privilege speech.
He said MC 108 was issued by Executive Secretary Eduardo Ermita "by authority of the President."
Sen. Arroyo gave his colleagues a copy of the memorandum, which was essentially a re-hash of EO 464 that has been ruled unconstitutional by the Supreme Court early this year.
EO 464 barred public officials from appearing in congressional probes without the explicit consent of President Arroyo.
The new Palace memorandum instructs cabinet officials summoned by either chamber to ask for a 15-day grace period, the specific questions that would be asked during the hearing, and the law or proposed measure for which the inquiries are being made "in aid of legislation."
The order also entitles the President to "consider whether the subject matter of the inquiry is in aid of legislation and or falls within the scope of executive privilege."
Sen. Arroyo said the order defies the ruling of the Supreme Court on the matter. "Instead of adhering to the SC ruling, Malacañang responded with what amounts to a declaration of war - MC 108 - which mutilates the meaning of the high court’s ruling," he said. "It is as if the President won and the Senate lost in the EO 464 case, a display of arrogance and disregard for constitutional niceties.
"This is a plain and simple fabrication of Malacañang. A Berlin Wall to immunize all executive officials from the reach of legislative inquiries, in breach of the Constitution," he stressed.
Sen. Miriam Defensor-Santiago said the Palace directive should be "taken out and shot two times." She said a shot must be fired every time Malacañang invokes the order.
Sen. Panfilo Lacson said the Palace directive is a "serious" matter that deserves serious discussions by the Senate. His proposal for a Senate caucus was approved. – Dennis Gadil
posted by brodkaster43 at Miyerkules, Agosto 23, 2006
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