Neri vs. Senate Committee (RESOLUTION) [SEPARATE OPINION, QUISUMBING, J.]

ROMULO L. NERI, Petitioner, versus SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY, Respondents.

G.R. No. 180643 | 2008-09-05

Congress, oversight function may be facilitated by compulsory process only to the extent that it is performed in pursuit of legislation
Presidential communications privilege
Section 21 of Article VI, 1987 Constitution; The phrase "duly published rules of procedure" 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 bef
Legislative bodies; authority of Congress to conduct inquiries in aid of legislation; cannot be conducted solely to gather incriminatory evidence and punish those investigated
Executive department
Executive privilege
Executive privilege, two kinds

SEPARATE OPINION ON THE MOTION FOR RECONSIDERATION

QUISUMBING, J.:

The instant motion filed by the respondents Senate Committees on Accountability of Public Officers and Investigations, Trade and Commerce, and National Defense and Security, seeks a reconsideration of the Court's March 25, 2008 Decision, which granted petitioner Romulo Neri's petition for certiorari. The Court nullified the Order dated January 30, 2008, of the Senate Committees citing petitioner in contempt and directing his arrest and detention. In said Decision, I concurred in the result.

For as long as the requirement of due process is paramount in proceedings involving...