Protesters traveled all the way from Manila and spent a night at the Lay Formation Center of the Diocese of Dagupan before going to Baguio City. They were joined by Baguio-based people’s organizations.

In his speech at the rally, Fr. Joe Dizon of the Solidarity Philippines said he hopes that the High Court will not vote for the suppression of the truth and instead side with the people.

Not absolute

Atty. Nepo Malaluan, a trustee of the Action for Economic Reforms (AER) and co-convenor of the Access to Information Network (ATIN) stressed that executive privilege is not absolute. Malaluan said that while presidential communications are presumptively privileged, it may be overcome by a showing of adequate need and that the information likely contains important evidence that is unavailable elsewhere.

Malaluan said that nobody else but Neri can answer the three questions, thus, there is enough basis to require him to provide such information.

Signatories to the open letter maintained that executive privilege may be subsumed by the greater interest of the Filipino people….

The open letter reads, “We believe that executive privilege is subordinate to the higher values of transparency and accountability in governance, except on rare occasions such as declared wars when secrecy of executive moves is of greater interest to national security.”

It adds, “Executive privilege must not be conveniently cited either to shield a sitting Chief Executive from any accountability for anomalous deals or to obstruct inquiries and measures that would prevent questionable executive agreements in the future.”

Malaluan also said that contrary to the SC decision penned by Justice Leonardo de Castro, the Senate hearings are in aid of legislation and not solely an exercise of the Senate’s oversight function. The SC decision states, “The (Senate) record is bereft of any categorical explanation to show compelling or critical need for the answers to the questions in the enactment of a law.”

In its comment, the Senate argues that the inquiry (on Neri) was related to the pending bills Senate Bill 1793, which seeks to amend Republic Act No. 9184, or the procurement law; Senate Bill 1794, which seeks to amend Republic Act No. 8182, otherwise known as the Official Development Assistance Act; and Senate Bill No. 1317, entitled “An Act Mandating the Concurrence to International Agreements and Executive Agreements.”

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