Neri's own counsel debunks his claims

Gotcha by Jarius Bondoc, The Philippine Star, Monday, May 26, 2008

Under questioning by Justice Carpio, Atty. Lentejas admitted that the three questions Neri is afraid to answer are innocuous after all. The Senate uses it in pleading for reversal of ruling.

People ask, whatever happened to the Senate investigation of the DOTC-ZTE scam? I can only say, well, the Supreme Court ruling stalled it. That ruling states that Romy Neri's talks with Gloria Arroyo about the deal, even if crooked, enjoy secrecy of presidential communications.
But the Senate also motioned for reconsideration. The plea cites legal precepts and precedents, and uses the very words of his counsel to debunk Neri. For one, executive privilege can be invoked when diplomatic ties and state security are at stake. But Atty. Paul Lentejas admitted in that the contract was never submitted to either the foreign or defense department for review anyway.
The Senate also recounted the exchange between Justice Antonio Carpio and Lentejas. This, to show that the three questions that Neri claims to be covered by confidentiality rights are not really so, to wit:
Carpio: Going to the first question ... whether the President followed up the NBN project, is there anything wrong if the President follows up with NEDA the status of projects in government ... is there anything morally and legally wrong with that?
Lentejas: There is nothing wrong, Your Honor, because...
Carpio: That's normal.
Lentejas: That's normal, because the President is the Chairman of the NEDA Board, Your Honor.
Carpio: Yes, so there is nothing wrong. So why is Mr. Neri afraid to be asked this question?
Lentejas: I just cannot...
Carpio: You cannot fathom?
Lentejas: Yes, Your Honor.
Carpio: You cannot fathom. The second question, were you dictated to prioritize the ZTE [contact], is it the function of NEDA to prioritize specific contract[s] with private parties? No, yes?
Lentejas: the prioritization, Your Honor, is in the...
Carpio: Project?
Lentejas: In the procurement of financing from abroad, Your Honor.
Carpio: Yes. The NEDA will prioritize a project, housing project, NBN project, the dam project, but never a specific contract, correct?
Lentejas: Not a contract, Your Honor.
Carpio: This question that Secretary Neri is afraid to be asked by the Senate, he can easily answer this, that NEDA does not prioritize contract[s], is that correct?
Lentejas: It is the project, Your Honor.
Carpio: So why is he afraid to be asked this question?
Lentejas: I cannot, I cannot fathom, Your Honor.
Carpio: You cannot fathom also?
Lentejas: Yes, You Honor.
Carpio: But is there anything wrong if the President will tell the NEDA Director General, you prioritize this project, us there anything legally or morally wrong with that?
Lentejas: There is nothing wrong with that, Your Honor.
Carpio: There is nothing [wrong]. It happens all the time?
Lentejas: The NEDA Board, the Chairman of the NEDA Board, yes she can.
Carpio: [S]he can always tell that?
Lentejas: Yes, Your Honor.
Carpio: Okay. Let's go to the third question, whether the President said to go ahead and approve the project after being told about the alleged bribe. Now ... it is not the NEDA Director General that approves the project, correct?
Lentejas: No, no, Your Honor.
Carpio: It is the...
Lentejas: It is the NEDA Board, Your Honor.
Carpio: The NEDA Board headed by the President.
Lentejas: Yes, Your Honor.
Carpio: So this question is not correct also ... whether the President said to Secretary Neri to go ahead and approve the project? Secretary Neri does not approve the project, correct?
Lentejas: He's just the Vice Chairman, Your Honor.
Carpio: So why is he afraid to be asked this question?
Lentejas: I cannot tell you, Your Honor.
Carpio: You cannot fathom also.
Lentejas: Yes, Your Honor.
The Senate echoes Carpio's commonsensical conclusion that deflates the nonsensical claims:

Counsel admits he "cannot fathom" Neri's refusal to answer the three questions. He also admits that the three questions, even if answered, will not disclose confidential presidential discussions or diplomatic secrets. Invoking executive privilege is thus unjustified.
Of course, it is possible that follow-ups to the three questions may call for disclosure of confidential presidential talks. But still, executive privilege cannot be invoked on possible questions that have not been asked by the Senate. It may be invoked only after the question is asked. For, what if the Senate does not even ask the question at all? And executive privilege can never be invoked to cover up a crime.
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What's taking Arroyo so long to fill up the two Comelec vacancies? New commissioners need to get a taste of actual balloting. And what better way for it than the one coming up for governor and assemblymen in wild Muslim Mindanao? Spotting and fixing flaws early on would prepare them for the wilder presidential-congressional-local polls of 2010.
Incidentally, a nominee is Wilhelm Soriano, who has just ended a five-year term as commissioner for human rights. In that last post, he displayed independence from interloping executive, legislative and military officials -- a trait needed in the electoral body. He also comes from a political family in Pangasinan, and so understands how the politicos he will referee think. Soriano also twice headed the Overseas Workers Welfare Administration.
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E-mail: jariusbondoc@workmail.com