Former Economic Planning Secretary Romulo Neri was ordered by the Sandiganbayan Fourth Division to testify for the government in the graft case of former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo about the botched $329-M National Broadband Network contract with ZTE Corp. of China.
In a resolution issued Wednesday, the Sandiganbayan overruled the three grounds raised by Neri in the motion he filed on November 5, 2012 seeking the recall of the subpoena ad testificandum issued on him by the court.
The resolution, which ran for eight pages, was penned by Associate Justice Gregory S. Ong, division chairman, and concurred by Associate Justices Jose R. Hernandez and Maria Cristina J. Cornejo.
Arroyo is facing two counts of graft and one count of violation of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) for allegedly using her power as the President that time to lobby for the contract's approval.
Rodolfo Noel “Jun” Lozada, the principal witness of the prosecution, said Arroyo and her husband former First Gentleman Atty. Jose Miguel Arroyo as the “powerful political sponsors” of the NBN-ZTE deal.
Aside from the Arroyos, former Transportation Secretary Leandro Mendoza and former Comelec chairman Benjamin Abalos are facing graft charges for the botched deal.
Whistle-blower Lozada has said Neri had knowledge of the contract negotiations.
Right to remain silent
Right to remain silent
Neri earlier claimed in his motion that he cannot be validly summoned to be a witness, invoking his right to remain silent and his right against self-incrimination. He also cited executive privilege in his communications with the former President.
The Sandiganbayan Fourth Division, however, said his arguments lacked merit.
“The right to remain silent under this provision [Article III, Section 12 (1)] refers to the right of suspects under criminal investigation …while such investigation is still under the control of police or law enforcement authorities,” the Sandiganbayan pointed out.
It also said Neri is already charged as an accused in a graft case pending before the Fifth Division, thus he is no longer under police investigation.
As to Neri's argument that he has the right against self-incrimination, the Sandiganbayan said, as the Supreme Court pronounced in People vs. Ayson (1989), the said right can be invoked when an incriminatory question is asked of the witness
“In the cases at bar, there is no justification for Neri to disregard the subpoena issued by this Court, decline to appear or refuse to testify altogether. To repeat, he must obey the subpoena, appear as required, take the stand, and be sworn as a witness and answer questions,” the Court said.
As for Neri's executive privilege claim, the Court said it is vague and too general.
“Neri failed to present any specific allegation as to the basis of his claim or of any precise, specific policy, legal, or public interest consideration which would justify the need for preserving the confidentiality of such conversations and communications,” the Fourth Division said.
The Sandiganbayan also said only the President, or by his leave, the Executive Secretary, can legally invoke the executive privilege.
Public interest over executive secrecy
Public interest over executive secrecy
The Court also said the public interest for a fair administration of justice far outweighs the need for executive secrecy, as can be seen in the Supreme Court pronouncement in Senate of the Philippines vs. Ermita.
“The same consideration impels this Court to reject the claim of executive privilege to this criminal trial as it relates to the testimony of Neri. In the Nixon case cited by our Supreme Court, as in the instant cases, there is an overriding public interest in the fair administration of criminal justice,” the Court said. —KG, GMA News
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