An Urgent Appeal to the Supreme Court

8 April 2008 -- The Makati Business Club (MBC) and the Management Association of the Philippines (MAP) support the Senate’s decision to ask the Supreme Court to weigh carefully the consequences of its decision in the Neri case.

Unless the exercise of power is limited, the inherent tendency of those who wield the power is to expand its scope more and more. In this regard, three cases come to mind—Bayan Muna vs. Ermita (calibrated pre-emptive response), Senate vs. Ermita (Executive Order 464) and Davide vs. Arroyo (emergency powers). This is precisely why our Constitution has created checks and balances between the three branches of government. In the case of Neri, we believe the decision of the Supreme Court has distorted the balance in favor of the Executive Department by expanding and creating not one, but two executive privileges, namely, the “presidential communication privilege” and the “deliberative process privilege.”

While there are cases where the use of executive privilege may apply, when national security is involved for example, we believe the Neri case was not justified as one of them, particularly when Neri himself alleged that an attempt to bribe him was made. Morever, in the Neri case, great weight must be given the fact that the right of the President to claim executive privilege, being only an implied right, and not one expressly stated in the Constitution, must yield to those Constitutional mandates that are clearly expressed therein, namely:

(1) The State recognizes the vital role of communication and information in nation building. (Art. II, Sec. 24)

(2) The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. (Art. II, Sec. 27)

(3) Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. (Art. II, Sec. 28)

(4) The right of the people to information on matters of public concern shall be recognized. (Art. III, Sec. 7)

(5) Public office and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives. (Art. XI, Sec. 1).

In the face of the foregoing, it is abundantly clear that the policies preferred by the Constitution are those of openness, not secrecy; of transparency, not opaqueness; and of accountability, not irresponsibility. A reversal of the Supreme Court’s decision on the Neri case would therefore be consistent with these Constitutional precepts and policies, and will restore the delicate balance between the Legislative and Executive branches of government.