Motion to review Neri ruling filed today

THE Senate will file today a motion for reconsideration on the Supreme Court’s 9-6 vote upholding former Planning Secretary Romulo Neri’s stand that his conversations with the President Arroyo on the $329 million broadband deal are covered by executive privilege.

The deadline for filing the appeal is Thursday.

It was still undecided whether senators will troop to the tribunal to underscore the importance of overturning the decision.

Sen. Manuel Roxas II said it was unlikely that the justices would change their vote.
For this, several senators chided Roxas for what they called his defeatist attitude.

Sen. Panfilo Lacson, original probe proponent, said: "A defeatist attitude will bring us nowhere. It only takes two justices to be enlightened to reverse the ruling on Neri’s petition."

Sen. Francis Escudero said: "As a lawyer, I can’t and won’t pre-judge the case."

Roxas said the Senate leadership should have accepted the high court’s compromise offer where Neri would have to re-appear in the Senate’s ZTE inquiry.

The compromise offer, however, prohibited senators from asking Neri if the President followed up the NBN-ZTE project with him; whether he was dictated to prioritize the NBN-ZTE project; and, whether the President told him to go ahead and approve the project after being told about the alleged bribe by then Elections chair Benjamin Abalos Sr.

Majority of the senators rejected the deal, saying it would weaken the Senate’s power to conduct investigation in aid of legislation.

Roxas noted that at least two justices who filed dissenting opinions vigorously pushed for the compromise offer.

Those who dissented were Chief Justice Reynato Puno and Associate Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Conchita Carpio-Morales, Adolfo Azcuna and Antonio Carpio.

Roxas said the Senate tri-panel should start drafting its committee report in the light of another imminent defeat before the high court.

"Una, yung mga bahagi ng hearing na mukhang malinaw na ang larawan katulad doon sa abduction ni (Rodolfo) Jun Lozada, ay maaari nang tapusin at isulat na ung bahagi na iyon. Dito naman sa ZTE proper, yung kontrata mismo, palagay ko masasabi na rin natin na talagang bumaligtad ang NEDA magmula noong Oktubre 2006, na sabi nila dapat hindi government guarantee, dapat hindi utang, dapat B-O-T (build-operate-transfer), dapat private sector," he said.

He added: "Yung pagka-overprice nito, yung testimonya nung tatlo o apat na mga witness ay nasa record na rin lang at masasabi natin na mula sa private sector ay makakakuha pa tayo ng iba pang mga valuation na magpapatunay na talagang sobrang mahal ito."

PROPAGANDA?

House majority leader Arthur Defensor said senators do not have to resort to propaganda if they are not afraid of losing again.

"While the senators can appeal the decision as part of their constitutional right, they should do it without a show. Why march? Are they afraid of losing again?" he said.

"It is futile for them to march because the Supreme Court has spoken. They should not behave like street demonstrators," he said. – Dennis Gadil and Wendell Vigilia