Bernas: EO 464 meant
to hide truth
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FR. Joaquin Bernas, SJ, one of the framers
of the 1987 Constitution, yesterday said President Arroyo’s
signing of Executive Order No. 464 is an apparent attempt
to prevent the truth from coming out.
Calling Arroyo’s order a "gag
rule," Bernas said the EO would only succeed at obstructing
the role of the legislature, effectively upsetting the check-and-balance
among co-equal branches of government.
"She is refusing to reveal things,
but what she is covering I don’t know. She’s
scared," he said in an interview with reporters at
the sidelines of a forum held at the De La Salle University.
Bernas also advised Brig. Gen. Francisco
Gudani, who was sacked Wednesday after testifying at the
Senate on alleged cheating in Mindanao in the 2004 elections,
to file a complaint before the Supreme Court.
Gudani, who is retiring on October 4, was
relieved as assistant commandant of the Philippine Military
Academy together with Lt. Col. Alexander Balutan, PMA assistant
commandant, for appearing before the Senate without President
Arroyo’s approval.
The AFP leadership based its relief order
on EO 464 which was signed by Arroyo on Wednesday afternoon.
The EO states that all heads and senior
officials of departments, generals and flag officers of
the Armed Forces and police officials with the ranks of
chief superintendent and up, and national security officials
must have the consent of the President before appearing
in either the Senate or the House of Representatives.
Bernas said that the Senate may also file
a case before the Supreme Court to avert a constitutional
crisis arising from the EO titled "Ensuring Observance
of the Principle of Separation of Powers, Adherence to the
Rule on Executive Privilege and Respect for the Rights of
Public Officials Appearing in Legislative Inquiries in Aid
of Legislation Under the Constitution, and for Other Purposes."
"The Senate can go to court. The revelations
of Gudani are not covered by the executive privilege because
it is a criminal offense. He should reveal it. He shouldn’t
hide it. Even Gudani can go to court to question his sacking
because he committed no wrongdoing," he said.
He said the Palace is misreading Sec. 22,
Article 6 of the Constitution, which states that department
heads cannot attend without the permission of the President.
Executive Secretary Eduardo Ermita said
Wednesday Article VI, Section 22 was restated in EO 464.
Senators said the continued implementation
of the EO could aggravate the already strained relations
between the Senate and Malacañang.
At the House, Speaker Jose de Venecia and
other House leaders said while they "respect"
the President, they see no reason for Congress to be deprived
of its right to summon witnesses and resource persons.
Senate minority Aquilino Pimentel said
he would question before the Supreme Court the legality
of the EO.
"It is an illegal order because I
don’t think she can justify it under the present circumstances
without inventing the reasons for it. By that precipitate
action, Gloria is jumping from the frying pan into the fire.
This is actually making it difficult for public officials
to fulfill their duties," Pimentel said.
He said the "gag order" would
"create more chaos than order and aggravate the rift
between the executive and legislative branches."
"Public officials in this country
are obligated to cooperate with the lawmaking body so that
their problems can be addressed. But with that kind of instruction
where every time they are summoned before the Senate, they
will need the permission from the Chief Executive, she is
really unhinging the government so that we will have more
chaos than order," Pimentel said. – Evangeline
de Vera, Joan Dairo, Wendell Vigilia and Ashzel Hachero
