Gloria junks 464 but...

Retains Cabinet men’s right to invoke executive privilege

BY JOCELYN MONTEMAYOR

PRESIDENT Arroyo yesterday revoked Executive Order 464 which prohibits Cabinet officials from attending legislative inquiries without her permission, but retained the right to invoke executive privilege.

The decision was reached after Arroyo and Cabinet members led by Executive Secretary Eduardo Ermita met with representatives of an "influential religious group," including some Catholic bishops, at the Discovery Suites in Pasig City.

"I am revoking EO 464. Executive officials may no longer invoke EO 464 to excuse non-attendance from legislative inquiries. Executive officials are instructed to abide by the Constitution, existing laws and jurisprudence when invited to legislative inquiries," Arroyo said in a statement.

EO 464 or "Ensuring observance of the principle of separation of powers, adherence to the rule on executive privilege and respect for the rights of public officials appearing in legislative inquiries in aid of legislation under the Constitution, and for other purposes" was issued by Malacañang on Sept. 26, 2005.

EO 464 was issued after the Senate held national security adviser Norberto Gonzales in contempt and ordered his detention at the Senate for refusing to answer some queries of the senators.

Press Secretary Ignacio Bunye said the decision of the President was "welcomed warmly" by those present. He said the meeting was held in two stages. He said the President attended only the latter part of the meeting.

Bunye said Ermita presided the first part of the meeting where Cabinet members gave a presentation on the antecedents of the issuance of EO 464.

He said apart from EO 464, the members of the Executive branch may no longer invoke Memorandum Circular 108 or the "Guidelines on Appearances of Department Heads and Other Officials of the Executive Branch before Congress" which was issued on July 27, 2006 as an implementing guideline of EO 464.

He said MC 108 is the "baby" or product of EO 464.

He said a formal issuance revoking the EO would be made soon.

Bunye said they are not at liberty to disclose the identities of the "influential religious group" but they included members of the Catholic Bishops Conference of the Philippines.

He said aside from him, Ermita and Gonzales, the government was represented by Secretaries Leandro Mendoza (transport), Peter Favila (trade), Raul Gonzalez (justice), Rolando Andaya Jr. (budget), and Ronaldo Puno (interior), chief presidential counsel Sergio Apostol, and Cerge Remonde, chief of the presidential management staff.

Bunye said the revocation was not meant to placate those calling for Arroyo to resign.

He said the President simply "acted with the general interest in mind and the immediate reaction at least from those who were present at the meeting was one of acceptance and warm welcome for the action taken by the President."

Asked how the revocation of EO 464 would affect the invocation of executive privilege, Bunye said it could still be invoked as it is provided in the Constitution.

"We have the laws, we have constitutional provisions, we have criminal laws. So the President is not in a position to revoke the Constitution. The President is not in a position to revoke the Revised Penal Code. What is revoked, in other words, no Cabinet members from hereon can invoke EO 464," he said.

Vice President Noli de Castro said the abolition of EO 464 is a step forward.

"I hope that all parties involved in the investigations shall act responsibly and with the highest regard or the national interest so that in the end the truth will prevail," he said.

FACE-SAVING TACTIC

Senate President Manuel Villar said: "The public must see through this face-saving tactic and remain vigilant and steadfast in our quest for the truth."

He said the cancellation of the EO was "immaterial and irrelevant."

Senate majority leader Francis Pangilinan said Arroyo totally missed the point.

"Dapat ang order niya ay paharapin ang lahat ng dapat ng paharapin (sa Senado)."

Pangilinan said the Senate would be much happier when MC 108 is finally revoked.

Sen. Francis Escudero asked: "Did revocation come with the instruction for all her men to not only attend but be transparent and tell the truth?"

Sen. Loren Legarda said the decision should not be a cause for joy as "this does not prevent them (executive officials) from invoking executive privilege."

Sen. Richard Gordon said he was pleased but expressed concern that the MC 108 was still in effect.

Sen. Manuel Roxas II said the decision was long overdue.

Sen. Juan Ponce Enrile faulted the opposition and other anti-Arroyo forces for not demanding the scrapping MC 108.

NO PALACE INVITE

CBCP president Archbishop Angel Lagdameo said they are grateful that Arroyo heeded their appeal. "That is already the first step in restoring integrity in the government."

But Lagdameo said the bishops, who attended the confab, came in their individual capacities and not as members of the CBCP.

"I was told that there would be a dialogue but there was no formal invite. If ever I will attend, I have to discuss it with the permanent council so as I will know what I will present in the dialogue," he said.

CBCP secretary general Msgr. Juanito Figura said the CBCP office did not receive any invitation from Malacañang.

He added that if ever there was such a request, it would have had to go through Lagdameo who in turn would decide who should represent the CBCP.

By practice, members of the permanent council represent the CBCP in any crucial meeting with government officials.

NOT RATIONAL

Lingayen-Dagupan archbishop Oscar Cruz said it could be premature to rejoice over the decision.

"Imposible na walang counter. Do you believe that she will allow all the truth to really come out? That is not rational," Cruz added.

"There are many ways to skin a cat pero huwag tayo agad pumalakpak pagkat sinabi ng Malacañang na ni-lift na ang EO 464 pagkat yun ang gusto ng mga bishops."

The CBCP pastoral statement last February 26 called on Arroyo to revoke the EO 464 in order to free those officials who can serve as resource persons regarding investigations of alleged corruption in the government. – With Dennis Gadil and Gerard Naval