| Lawyers group slams Palace on NBN, Spratlys issues |
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| Written by Administrator | |
| Monday, 10 March 2008 | |
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March 08, 2008 19:33:00 Jerome Aning Philippine Daily Inquirer MANILA, Philippines -- A human rights lawyers group on Saturdaydescribed as “legal traps” Malacañang's challenge to its critics totake issues involving the scandal-ridden NBN-ZTE deal and an agreementon the disputed Spratly islands to court. The Quezon City-based National Union of People's Lawyers accused theArroyo administration of using legal institutions and processes tomislead the people and suppress charges of corruption in the NBN-ZTEcontract and the Joint Marine Seismic Undertaking on the Spratlyislands signed with China and Vietnam. The harassment of witnesses and refusal of executive departmentofficials to appear in investigations also betrayed the government’sefforts to keep the truth from coming out and delaying the processes tomake those involved held accountable. NUPL said it condemned the continuous use of legal processes andinstitutions in efforts to derail serious investigation of crimescommitted by public officials and suppress the truth. “The use of public offices and resources to violate theconstitutional rights of the people to assemble, to petition governmentfor redress, and to information is totally unacceptable and officialsinvolved in these acts are criminally liable under the law,” it addedin a statement. NUPL secretary-general Neri Javier Colmenares said the JMSU would bevoid if it was signed in consideration of fraudulent transactions inother projects and loan agreements involving Chinese companies. “In fact, due to the fraudulent transactions accompanying the loanagreements, the Philippines has every right to demand the voidance evenof the loans itself should fraud be proved between the two parties. TheFilipino people should not be made to pay for loans, a large portion ofwhich went to private individuals with the knowledge of the contractingparties,” he said. Bringing the matter to courts, he said, would require a preliminaryinvestigation to be conducted by the Department of Justice and theOmbudsman. However, Colmenares recalled, the two agencies “did not raise afinger” to investigate the NBN-ZTE deal even after PresidentMacapagal-Arroyo cancelled it and after Commission on Higher Educationchair Romulo Neri told the Senate that elections chief Benjamin AbalosSr. had tried to bribe him. The fact that the Ombudsman did not find the acts illegal or at thevery least "improper," he said, was "a clear sign of its lack ofinterest to seriously investigate and prosecute the anomalies." "There is no chance that the DOJ will genuinely prosecute thoseinvolved in the ZTE scam and bringing a complaint before them isanother legal trap," he said. Both the DOJ and the Ombudsman "have been compromised and areperceived to have sworn loyalty to Arroyo and are not expected to rulewith independence and integrity in any criminal complaint against her,”he added. Secondly, Colmenares said, the filing of a complaint in court was atrap because if filed, Arroyo can immediately ask for its dismissal onthe ground that she enjoys immunity from suit. The NUPL official recalled that government lawyers sought thedismissal of the case against the President in the complaint filed byformer Senator Jovito Salonga with the Ombudsman and the amparopetition filed for NBN-ZTE deal witness Rodolfo Noel Lozada Jr. in theCourt of Appeals. Colmenares said Malacañang's challenge to bring the JMSU issue tocourt “is of no value” unless Arroyo allows Neri to testify and thenegotiations leading to the JMSU, including the agreement itself, ismade transparent and publicly submitted to the Senate investigation. He recalled that even if Arroyo revoked an order restrictingexecutive department officials' appearances in congressional inquiries,Cabinet members such as Neri could still refuse to answer relevantqueries if the President orders them to invoke executive privilege. Copyright 2008 INQUIRER.net and content partners. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. |
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