Abuse of Discretion in Ordering Neri's Arrest
In fine, the Court gave five reasons for ruling that respondents exceeded their authority in issuing the assailed orders:
1.) There being a legitimate claim of executive privilege, the issuance of the contempt Order is void.
2.) Respondents did not comply with the requirement laid down in Senate vs. Ermita that the invitations should contain the “possible needed statute which prompted the need for the inquiry,” along with “the usual indication of the subject of inquiry and the questions relative to and in furtherance thereof,” as required in Sec. 21 and 22, Art. VI of the Constitution.
3.) Only a minority of the Senate Blue Ribbon Committee was present during the deliberation for the issuance of the contempt Order. This is in violation of Sec. 18 of the Rules of Procedure Governing Inquiries in Aid of Legislation, which provides that “the Committee, by a vote of majority of all its members, may punish for contempt any witness before it who disobeys any order of the Committee or refuses to be sworn or to testify or to answer proper questions by the Committee or any of its members.”
4.) Respondents violated Sec. 21, Art. VI of the Philippine Constitution, requiring that the inquiry be in accordance with the “duly published rules of procedure.” This requires the Senate of every Congress to publish its rules of procedure governing inquiries in aid of legislation because every Senate is distinct from the one before it or after it. Since Senatorial elections are held every three years for one-half of the Senate’s membership, the composition of the Senate also changes by the end of each term. Each Senate may thus enact a different set of rules as it may deem fit. Not having published its Rules of Procedure, the subject hearings in aid of legislation conducted by the 14th Senate are therefore procedurally infirm.
5.) The issuance of the contempt Order is arbitrary and precipitate. The respondent Committees did not first pass upon the claim of executive privilege and inform petitioner of their ruling. Instead, they dismissed his explanation as “unsatisfactory” and simultaneously issued the Order citing him in contempt and ordering his immediate arrest and detention, even if he has expressed his desire to appear before them to answer other questions except those covered by executive privilege.
Read more about this topic: Neri Vs. Senate
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