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ABOSOLUTE PRIVILEGE
The Financial Executives Institute of the Philippines, Inc. (FINEX) joins the resounding call for the Supreme Court to review and reconsider its decision on the case of Chairman Romulo Neri.

We believe that Chairman Neri holds critical information which would explain the sudden and still unexplained change in the position of the President in connection with the national Broadband project. We are not here to judge who is guilty. Nor are we in a position to say there were irregularities committed. But when the greater national interest is at stake, where our pride and dignity as a nation is on the line, the Filipino people have the right to know the truth. Our sacred institutions, especially the judiciary, must not be sacrificed in the interest of those in power. Our Supreme Court must protect the people’s right to information on matters of great public importance, especially where corruption is alleged to have been committed by the highest public officials, and where there is no genuine national security matter involved.

In its decision upholding Chairman Neri’s claim on executive privilege, The Supreme Court seemed to have relegated to the background the 1987 Constitution’s explicit mandate on fostering transparency, accountability and the people’s right to information. Instead of emphasizing these principles, the decision highlighted the notion of executive privilege which is only implied by the Constitution in the recital of the President’s powers.

We believe that the Supreme Court should vigorously uphold, protect and defend the following principles of the 1987 Constitution:
(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).

Is the principle of executive privilege higher than the basic rights and interests of the Filipino people, that such privilege must be sustained even if it goes against the interest of the very people it was supposed to protect? If so, and if the Supreme Court justices who voted in favor of the controversial decision will hold on to their position, then we have very good reasons to be concerned, deeply concerned . . .

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