President finally scraps EO 464
By Kristine L. Alave, Michael Lim Ubac
Philippine Daily Inquirer
First Posted 04:42:00 03/06/2008
MANILA, Philippines -- President Gloria Macapagal-Arroyo Wednesday pounded the last nails on the coffin of Executive Order No. 464 that the Supreme Court practically declared dead nearly two years ago.
Before sympathetic Catholic bishops and representatives of other religious groups, Ms Arroyo announced she was revoking the directive and ordered officials of the executive branch to honor congressional summonses.
Ms Arroyo, however, did not waive executive privilege, enshrined in the Constitution, that prohibits public disclosure of matters of national security.
“Effective immediately, I am revoking EO 464. Executive officials may no longer invoke EO 464 to excuse nonattendance from legislative inquiries,” the President said in a statement.
Ms Arroyo said “executive officials are instructed to abide by the Constitution, existing laws and jurisprudence when invited to legislative inquiries.”
Malacañang said the formal order would be issued on Thursday.
Lagdameo unaware
Catholic Bishops Conference of the Philippines president Angel Lagdameo expressed elation at Ms Arroyo’s announcement.
“We are happy and grateful that our appeal has been heard by the Chief Executive. That is very good news for me. That is already the first step,” the Jaro archbishop said.
Lagdameo, however, said he was not aware of the meeting in Pasig City between the bishops and Ms Arroyo. He said he was told that there would be a dialogue but no formal invitation was relayed to the CBCP.
Lingayen-Dagupan Archbishop Oscar Cruz, a former CBCP president and Arroyo critic, expressed doubts about Ms Arroyo’s motive in revoking the order.
“There are many ways to skin a cat but we should not applaud immediately because Malacañang is just saying it lifted EO 464 because it’s what the bishops wanted,” Cruz said.
“Do you believe that she will allow all the truth to really come out? That is not rational,” he said.
The scrapping of EO 464, which banned government officials from testifying in congressional inquiries without the President’s permission, was one of the demands made by the CBCP last week in the midst of calls for her resignation triggered by the bribe-tainted telecommunications deal with ZTE Corp. of China.
Also, MC 108 scrapped
In a phone-patch interview after the meeting, Press Secretary Ignacio Bunye said that with the revocation of EO 464, Ms Arroyo also nullified, in effect, Memorandum Circular No. 108.
“It’s a baby ... it sprouted from the EO 464,” said Bunye.
MC 108 outlined guidelines on appearance of department heads and other officials of the executive department before Congress.
Abusive language
However, Bunye said Ms Arroyo had no power to abolish executive privilege granted the President by the Constitution.
The President hopes that the Senate would treat summoned officials with respect, Bunye said. He said senators should avoid unnecessary “abusive language” and should observe “bounds of appropriate conduct.”
The CBCP had only asked for the scrapping of EO 464, issued in September 2005 after senators cited National Security Adviser Norberto Gonzales in contempt for refusing to answer questions involving a Washington lobby group.
Ms Arroyo’s chief legal counsel, Sergio Apostol, on Tuesday said that EO 464 was “dead” after the Supreme Court in April 2006 declared that its provision banning officials from attending Congressional hearings in aid of legislation was unconstitutional.
“As far as we are concerned, EO 464 does not exist anymore because the Supreme Court nullified portions of it,” Justice Secretary Raul Gonzalez said.
Executive privilege is a constitutionally recognized right of the President to withhold from Congress, the courts and the public any information regarded as vital to the national interest. The material could include conversations and correspondence between the President and her officials on military, diplomatic and other national security issues.
Dialogue with bishops
The Palace-initiated dialogue with seven to eight bishops was held behind closed doors at the Discovery Suites in Ortigas Center, Pasig City, but Bunye refused to name them. He said the meeting was held upon request of the prelates.
Presided over by Executive Secretary Eduardo Ermita, the dialogue was attended by the most powerful members of the Cabinet, including Gonzalez and Apostol, Norberto Gonzales, Presidential Management Staff Head Cerge Remonde, Trade and Industry Secretary Peter Favila, Transportation Secretary Leandro Mendoza, Budget Secretary Rolando Andaya and Interior Secretary Ronaldo Puno.
The meeting lasted about 90 minutes. Bunye said toward the end of the meeting, Ms Arroyo showed up and announced she was revoking EO 464.
Puno said that discussions centered on the CBCP recommendation on eliminating systemic corruption.
“We will be coming out with concrete steps on how we can push forward with the CBCP recommendation,” Puno said.
Total cooperation
Sen. Alan Peter Cayetano, chair of the Senate blue ribbon committee, said he was withholding judgment on Ms Arroyo’s move until he sees government officials no longer snubbing Senate hearings.
“What we need from the Executive is total and unconditional cooperation,” Cayetano said.
Independent commission
Marawi Bishop Edwin dela Peña suggested the creation of an independent commission with powers to summon witnesses to investigate the ZTE deal.
Supreme Court spokesperson Jose Midas Marquez said EO 464 was not synonymous with executive privilege. EO 464, he said, is an issuance of the President that can be lifted any time, while executive privilege is innate in her office and is provided for under the Constitution.
Vice President Noli de Castro welcomed Ms Arroyo’s action.
“I hope that all parties involved in the investigation shall act responsibly and with the highest regard for the national interest so that in the end the truth will prevail,” De Castro said.
Said Parañaque Rep. Roilo Golez: “It should not be considered a gift ... it is only a restoration of the right of the people to information, transparency, and to hold their officials fully accountable.”
Victory for truth
The leftist Bagong Alyansang Makabayan (Bayan) called the revocation of EO 464 “a victory for all truth seekers.”
“It was obviously brought about by snowballing calls for the full disclosure of the NBN-ZTE scandal and for the resignation of the President. However, so long as the skewed application of executive privilege remains, the government will continue its cover-up of the truth,” Bayan secretary general Renator Reyes Jr. said.
Reyes said “the fight for truth and accountability continues,” as he announced that another big anti-Arroyo multisectoral gathering has been set in Manila for March 14, one that would be led by Church and youth groups. With reports from Jerome Aning, Dona Z. Pazzibugan and TJ Burgonio
|
