MANILA, Philippines – (UPDATE 3) Senators have filed before the Supreme Court their appeal to the high tribunal to reconsider its decision favoring the exercise of executive privilege by former socioeconomic planning secretary Romulo Neri.

Among the senators present Tuesday were Alan Peter Cayetano and Benigno “Noynoy” Aquino III. They were accompanied by Adel Tamano, spokesman for the opposition, United Opposition president and Makati Mayor Jejomar Binay; Congresswoman Riza Hontiveros Baraquel, and actor Pen Medina.

In its 104-page motion for reconsideration, the senators also urged the high court to set another oral argument, this time, with Neri.

They explained, among others:

• Neri’s claim of executive privilege, which they said did not cover matters of national security and was not considered a state secret;
• people's right to information, and;
• the publication of the rules by the Senate twice on its website

"The Neri decision did not, by any stretch of one's imagination contribute to the fight against graft and corruption. Rather, it directly makes the executive less transparent and weakens government accountability," the senators said in their appeal.

"In the face of a pattern of concealment by executive officials as apparent in many legislative investigations, the dangers of abuse of executive privilege by the executive branch have significantly increased," the senators said.

"Rightly or wrongly, the perpetuation of this Neri ruling will cause the lingering impression that this court, through the ponencia of Madam Justice Teresita de Castro, has lost its independence," they said.

The senators added that while they recognized that it was difficult to decide a question of first impression especially when it involved a clash between two co-equal bodies, they urged the high court to perform "its sworn constitutional duty and function to uphold the Rule of Law with utmost impartiality and circumspection, not for the benefit of either branch, but as an end unto itself."

The respondents also noted that the Neri ruling, if not corrected, could “effectively turn executive privilege into a refuge for scoundrels.”

At exactly 10:20 a.m. Tuesday, Cayetano and Aquino III, flanked by hundreds of people from different groups, arrived at the Supreme Court in Manila, after a 30-minute march from Adamson University along UN Avenue.

“Kumpiyansa kami sa aming [We are confident in our] legal arguments,” said Cayetano.

He clarified however that the unity walk from Adamson to the Supreme Court was not a way of pressuring the high tribunal to rule in favor of the Senate.

“This is part of the advocacy na lumabas ang senado kaugnay ng mga nangyayari [for the Senate to come out in relation to what has been happening] and to generate support,” Cayetano said.

"We want the Supreme Court to take a step backwards, look at the bigger picture…If the Supreme Court will retain the decision, the Supreme Court has given Malacañang the reason to adopt the TNT policy or tago ng tago [always hiding]. But if the Supreme Court will define when to properly invoke executive privilege and uphold the prerogatives of the Senate and the Congress, then good governance will take center stage," Cayetano said.

Cayetano said their appeal has put emphasis on the fact that while they recognized executive privilege, it would be upon Malacañang to prove that there was a policy involved in invoking executive privilege, not simply to cover an anomaly, corruption, or an embarrassing political situation.

Concerning Senate rules on contempt, Cayetano said there was no need for a yearly publication of its rules.

"Even during the Constitutional Commission, it has already recognized the Senate as a continuing institution so we have not violated any rule and the order of arrest on Secretary Neri is proper," Cayetano said.

But the Senate has not yet filed its motion asking for the inhibition of Associate Justices Renato Corona, Presbitero Velasco Jr., and Arturo Brion.

Lawyer Carlos Media said the Senate would still need to issue a resolution signed by all the senators before the motion would be filed with the Supreme Court.

The high court said it set the appeal for deliberation in its en banc summer session in Baguio on April 15.

The high court said it was within the Senate's prerogatives to file the appeal pursuant to Rule 52 Section 1 in relation to Rule 56 Section 2 of the Rules of Court.

Last month, saying that the issues concerned could endanger the country's diplomatic relations, the high court blocked the Senate from arresting and forcing Neri to answer questions on the President's involvement on the controversial telecommunications contract that was forged with China’s ZTE Corp. The President eventually scrapped the $329 million agreement.

Meanwhile, Aquino said that the high court ruling would benefit, not just the Senate, but the entire Filipino people. “There is need to correct these actions,” Aquino said.

Cayetano said that no date was set for the next Senate hearing on the NBN as they were still waiting for the next witness' affirmation.