Romulo Neri vs Senate

Committee on Accountability of
Public Officers
49 SCRA 77 Political Law Constitutional Law The Legislative Department Inquiry in
aid of legislation Executive Privilege
Legislative (Sec 21) & Oversight (Sec 22) Powers
In April April 2007, DOTC entered into a contract with Zhong Xing Telecommunications
Equipment (ZTE) for the supply of equipment and services for the National Broadband
Network (NBN) Project in the amount of $329,481,290.00 (approximately P16 Billion
Pesos). The Project was to be financed by the Peoples Republic of China. The Senate
passed various resolutions relative to the NBN deal. On the other hand, Joe De Venecia
issued a statement that several high executive officials and power brokers were using their
influence to push the approval of the NBN Project by the NEDA.
Neri, the head of NEDA, was then invited to testify before the Senate Blue Ribbon. He
appeared in one hearing wherein he was interrogated for 11 hrs and during which he
admitted that Abalos of COMELEC tried to bribe him with P200M in exchange for his
approval of the NBN project. He further narrated that he informed President Arroyo about
the bribery attempt and that she instructed him not to accept the bribe. However, when
probed further on what they discussed about the NBN Project, Neri refused to answer,
invoking executive privilege. In particular, he refused to answer the questions on (a)
whether or not President Arroyo followed up the NBN Project, (b) whether or not she
directed him to prioritize it, and (c) whether or not she directed him to approve. He later
refused to attend the other hearings and Ermita sent a letter to the SBRC averring that the
communications between GMA and Neri is privileged and that the jurisprudence laid down
in Senate vs Ermita be applied. The SBRC cited Neri for contempt.
ISSUE: Whether or not the three questions sought by the SBRC to be answered falls under
executive privilege.
HELD: The oversight function of Congress may be facilitated by compulsory process only to
the extent that it is performed in pursuit of legislation.
The communications elicited by the three (3) questions are covered by the presidential
communications privilege.
1st, the communications relate to a quintessential and non-delegable power of the
President, i.e. the power to enter into an executive agreement with other countries. This
authority of the President to enter into executive agreements without the concurrence of the
Legislature has traditionally been recognized in Philippine jurisprudence.

2nd, the communications are received by a close advisor of the President. Under the
operational proximity test, petitioner can be considered a close advisor, being a
member of President Arroyos cabinet. And
3rd, there is no adequate showing of a compelling need that would justify the limitation of
the privilege and of the unavailability of the information elsewhere by an appropriate
investigating authority.