Invokes SC on lack of Congress rules
by Jocelyn Montemayor
Executive Secretary Eduardo Ermita yesterday said Cabinet members would invoke the Supreme Court ruling requiring the publication of rules of procedures before appearing in any of the congressional inquiries particularly in the Senate.
Ermita, in a press briefing at the Aplaya Resort in Calatagan in Batangas, said the Supreme Court, voting 10-5, last Friday ruled that Section 21 of Article VI of the Constitution requires the publication of the ground rules or rules of procedures that would be observed in the conduct of inquiries.
The 14th Congress, despite its conduct of several inquiries, has yet to publish its rules of procedures.
“I think what we should do is to tell the Cabinet members that they can invoke that (SC ruling), anyway, before they attend the hearings, they consult us,” Ermita said.
Ermita said that due to the lack of publication of procedures, all the hearings conducted by the Senate “can be considered constitutionally infirm.”
He issued a three-page legal opinion drafted by his legal team which states that unless the Senate has complied with the constitutional requirement of publishing its rules of procedure, all its inquiries could be considered “invalid.”
“This ruling means that all the proceedings of the 14th Congress in relation to the national broadband network hearing, as well as other hearings, are Constitutionally infirm. They are null and void,” the legal opinion stated.
It added the rationale for the publication of rules is to “inform the public of rules which may have an impact on his person, property or liberty. It is basically a requirement of due process.”
It added that such requirement aims to forewarn a person of possible adverse decisions against them like being declared or charged with contempt, “and the only way for the public to be informed of said rules is by publication.”
Ermita also questioned the issuance of an arrest warrant by the Senate against former Planning Secretary Romulo Neri, saying that based on the High Court’s ruling, only the courts can issue a warrant of arrest.
“If there is a warrant of arrest, then there should be preliminary investigation to determine probable cause. There is no such procedure in the Senate,” he said.
Press Secretary Ignacio Bunye defended the Supreme Court on the Neri ruling upholding the President’s right of executive privilege.
“Whether the SC decision is for or against one party, we should always respect it. Let us not badmouth the Supreme Court when the decision is against us,” he said.
He said the SC justices have maintained their independence even if most of them were appointed by the President. – With Regina Bengco
Inquirer story
I’m wondering what the Catholic bishops say about this. The sly Gloria Arroyo has put one over them.
In their pastoral letter, they asked for the abolition of EO 464, thinking that without it, cabinet members would cooperate in Senate investigations so the public will know the truth.
Now with the Supreme Court’s interpretation of executive privilege, Gloria Arroyo can do anything she wants – rob the treasury some more, sell the Philippines, sell the Filipino people.. nobody can question. The Senate has been castrated.
Thanks to the Supreme Court. Thanks to the CBCP. This country is rushing headlong to perdition.
There are two types of contempt citations – the first is coercive, to compel obedience to a subpoena, and the second is punitive.
Coercive powers are part of the inherent powers of the legislature (McGrain v. Daugherty 273 U. S. 135). They require no constitutional nor statutory grant, but are inherent in the Constitutional grant of power to legislate.
Another example of inherent powers is the power of taxation. I dare any apologist to scour the Constitutions of the US, Philippines, and other constitutions written in English. There is no such grant, because it is an inherent power of the State.
Punitive power is a statutory grant, the best example of which is the revised penal code. It is in the exercise of punitive power that probable cause needs to be found.
Speaking of “probable cause”, the fact of disobedience is the entire cause, not just probable, to cite a disobedient individual for contempt.
Of course, notice and hearing is required. That is why courts order the individual to show cause why he/she should not be cited in contempt. Neri had no hearing because he refused to appear. Due process only requires an opportunity to be heard. If one refuses to be heard, then it is a waiver of the right to be heard.
In the interest of due process, I read the concurring opinions of Renato Corona and Arturo Brion. I find the posts of the physicist Dean Jorge Bocobo more learned than these “jurists”. Corona’s ponencia is even tainted with intellectual dishonesty.
I will substantiate the above statements with an article at Senator Lacson’s website in a few hours.
Agree with atty36252 on the power of Legislature to cite for contempt..In our case it is very seldom that the Parliament does the hearing in Aid itself but rely mostly on the reports and recommendations of a Public Inquiry called upon by the Parliament, but lately the Ethics Committee investigating the Conduct of former PM Mulroney, regarding the alleged payoff of services by a German businessman on deportation order to face fraud charges in his native country, threatened to cite the former PM if he fails to produce the documents asked..that was after grilling the subject for days of questioning under oath.
And not even the sitting PM is protected from appearing or testifying in any Inquiry if called upon, otherwise he or she should also has to explain why..precedent, both sitting PM Paul Martin and the PM he succeeded Jean Chretien testified before the Justice Gomery Corruption Inquiry also under oath with pain of Perjury and Contradictory Evidence..
It’s so arrogant of Ermita to say that the Senate hearings on NBN/ZTE and other hearings of Gloria’s ‘sins’ are all constitutionally infirm because the Senate has no published rules of procedure.
Aha! And tandang Edong and the pResident Evilbitch snowpakes are asking the Senate to respect the Constitution. Nagpapatawa! Meron pa bang sinusunod na Constitution sa bansang Pilipinas sa ilalim ni Guriang Korap?!
I don’t care if the Pidal gang invokes Supreme Court ruling in every case involving Guriang Korap. I don’t give a damn if the CBCP at all times sings alleluja to Guriang Korap in exchange of bayong-bayong na pera. I’m done expecting good to come out of their actions, but not done making dakdak yet!
As Ellen says, “Thanks to the Supreme Court. Thanks to the CBCP. This country is rushing headlong to perdition.” AMEN.
Again and again, the evil bitch continue to violate the constitution. She only follows what caters to her needs. The culprit is none other than her! Those she appoints to any position may have a “TO DO” list before they are put in any position of power. The “list” has to be tailored according to her wishes. We can argue and defend the laws of the land all we want but the bottom line is, all our systems are compromised and corrupted. She really is a very “lucky bitch” because she is able to find her mouth pieces in abundance as well as her hatchet men. Take note, almost all of them are MEN too! Mmm, she must have some kind of a “fatal attraction” ingredient in her that is even more potent that that of Sharon Stone!
We might have a shortage of “brown bags” on the shelves too because the evil bitch already bought them all!
Kasalanan did ng Supreme Court ang lahat ng ito because instead of curtailing her wicked ways, inaayunan pa nila. Yan tuloy lalong naging mabangis pa! She knows she is able to get what she wants so she might as well go for broke!
Manny Villar’s brother passed away and the evil bitch attended the wake. She stayed with Villar for an hour pero wala daw bahid politika! Kaya? I do not trust Manny Villar that much either. He bends where the money is. Baka nga mole pa siya ng evil bitch sa opposition eh!
Atty, pardon me for being cynical but ” in the interest of justice” is a phrase that does not find a meaning in this regime. But I have great respects for your opinions here and I read and digest everything you say. I learn in the interim!
Basta ang alam ko, pag wala kang kasalanan, kahit saan, sino at anuman ay kaya mong harapin. May kasabihan nga na kung may tinatago, panay ang tago.
Kung walang anomalya, bakit takot silang hunarap sa taong-bayan. Napakasimpleng katanungan lang yan. Bobo na lang ang di makakaintindi nyan….atsaka mga nagbobo-bobohan!
After Archbishop Cruz’s bold comment in media that he would not give Communion to public sinners clearly alluding to Arroyo, he was ganged upon by her political defenders led by this Cong. Suarez of Quezon even threatening to ask Vatican to sanction Cruz. Cruz on the other hand denied he mentioned anyone in particular. But if he’s asked whether or not Arroyo is a public sinner, he wisely replied that Arroyo is not a Saint.
Let me remind Cong. Suarez and the rest of the Malacanang defenders that not long ago, a Bishop in Quezon City also announced in public that the whole archdiocese in QC would not give Councilman Juico Communion for sponsoring the Family Panning Bill in QC. No complaint was heard from other Bishops and people about the remark. We didn’t hear anything from Malacanang. Why are they now howling over this Cruz’s comment?
As always, Double Standard !
The end justifies the means. It follows that triumphs are propped with anything at the proper opportunity. Correct or wrong, moral or immoral, this is relative. Depends on the perception on which side of the fence one belongs. So, its only a competition of who has more tricks in the bag. But I am confident that our lawyers can always recharge their batteries.
Atty,
If there’s anything about DJB’s consistency that I admire, it’s his all-out offensive against the wrongs of the Supreme Court. He does not get sanctioned since he is a legal layman unlike lawyers who are made to eat, swallow and digest everything the Court feeds them like a corrupt church unleashing cult dogma.
Justices Corona and Brion are likened to Senators Joker Arroyo and Enrile. Corona and Brion are partners in crime at the Supreme Court while the same with Joker and Enrile at the Senate. How nice to see the two duets do a concert…ala-Beatles.
It’s Gonzales’ imprints all over this Ermita statement. The DOJ Sec’s primary duty in his job description seems to me, is to look for legal loopholes with which the crooked president and her minions can exploit to shield them from accountability.
The Executive had just effectively and officially, without the benefit of any constitutional device, removed the power of Congress to conduct investigations by citing the absence of “published rules”. It has further unilaterally nullified all testimonies derived from witnesses of committee hearing for this Congress due to the same flawed reasoning.
So much for rule of law!
Statement of Sen. Francis Pangilinan on Ermita’s statement:
mamay edong ermita-e,
ala, ay ano ga ang iyong gustong mangyare?
tanggalen na la’ang ang senado? para walang sagabal sa inyo?
bakin ga gusto ninyo lagi ey kayo ang lamang at hindi na gustong maliwanagan kaming mga naghihirap dine na patuloy naman ninyong pinagkakaitan na makapamuhay ng maayos?
ala’y gay’an baga ang iyong iiwang kaisipan kapag ikaw ay yumao na? ay alalahanin mong iilang araw na la’ang ang iyong itatagal dine sa mundong ibabaw, ay magpakatino ka na’t isipin mo naman ang kahihinatnan ng iyong mga kapitbahay kapag patuloy kang gay’ang sipsep sa pundilyang umaalingasaw ni gloria.
ikaw, si mendoza, si perez, si ralph recto, kayo ang sumisira sa dangal ng mga batanggenyo, ey!
ala’y pasalamat kayo’t hindi na kayo pinagmumultuhan nina mamay pule (apolinario mabini), kakang ige (miguel malvar) at tiyo ute (jose laurel).
sinisira ninyo ang kanilang ipinamanang kabayanihan.
talagang hindi ako mananalo.
eh matagal na akong hindi pumipila at tumataya sa lotto.
iniisip ko kasi, bahagi ng pera ko ay mapupunta lang sa palasyo.
ano siya sinuswerte?
oops paano napunta ang ^^post^^ ko rito?
hmmm?
bakit nga ba takot na takot silang lahat sa sarisarili nilang multo?
‘yung baboy, puwede bang magmulto?
langhab:buti ka nalipat lang ang post mo, ang aking post di ko na makita.
Ellen is right, nabasa ko rin yong article na yon na sinabi ni Sen Pangilinan. Kya pag pasensyahan nyo na c Ermita at wala cya alam tungkol sa batas, hindi cya lawyer eh! Sen Pimentel also said, na palitan c ermita at ipalit sa kanya ay yong bagong bar topnotch ng Atenesta….shame on you ermita, wala ka talaga alam! bobo ka pa sa walang pinag aralan!!!!
norpil,
biktima ka rin pala ni (a)Kisme(t), heheh!
The position of the Executive Secretary is to supervise the cabinet secretaries. Since many of the cabinet secretaries are lawyers, it is preferable that the one leading them is also a lawyer. Likewise, statement such as what Ermita issued should have been made by the Palace Spokesman in the person of Bunye. GMA has too many stupid crooks in her team. The only good thing these guys do is at lying. They are trained to be experts in lying and covering up their evil boss. And they keep their position for being such good liars.
“Sec. Ermita is not a lawyer so we can’t blame him if he miserably fails to see the dangerous legal implications of his remarks,” says Pangilinan.
Wow, ang yabang! One does not even have to be a lawyer in fact to know right from wrong, good from bad, etc. Common sense and a lot of it ang kailangang in fact ng mga pilipino. Niloloko na sila, amen pa rin ng amen.
Sa Pilipinas nga ang daming abogado, pero mukhang majority naman mga gago. Nakapasa sa bar kasi magaling lang mangabisote, pero pagdating sa practical wala ring alam. Mayabang lang! Yuck!
Kiko Pangilinan is a lawyer; but why was he called “Mr. Noted”? All he did was to say “Noted”. What a lawyer!
@norpil, sa tingin ko ngayon ay baka ako lang ang nagkamali ng pagsulat ng post. sigh.
may katwiran si ermita…kung on the level ang mga aksyon ng senado – publish the rules – yun e kung wala din silang itinatago….
happy,
Makatwiran pala si Ermita ano? Sabi nga ni Pangilinan, 1995 pa hindi sila nagpapalit ng rules, ibig bang sabihin, lahat ng batas na ipinasa simula 1995, inbalido na dahil yung mga hearing simula pa noon ay hindi covered ng Published Rules?
E di mas maganda, wala nang epekto ang EVAT, RVAT, Oil Deregulation law, at lahat ng pahirap na batas na ipinilit nitong hayop na si Gloria! Isoli na ang pera namin! Yuhoo!
Ang galing mo Happy! Tengkyu!
Tongue,
Hwag mo ng patulan! parehas sila mag isip eh! parehas ang utak nila! Utak kamote…. Mas mabuti pa sa kanila magtanim nalang sila parehas ng kamote at ng matauhan sila!
Sayang, irene, akala ko totoo na.