Topic: Conditions for the Exercise of Judicial Review

Case: Neri vs Senate Committee

Mnemonics: Neri-fuse to talk (nirefuse to talk.. )
Prepared by Renan lasala

Facts:
 Petitioner disclosed that then Commission on Elections ("COMELEC") Chairman Benjamin Abalos offered
him P200 Million in exchange for his approval of the NBN Project.
 He then informed President Arroyo of the bribery attempt, in which she instructed him not to accept the bribe.
 When probed by the senate, Neri refuses to give some more information regarding the alleged bribery going on
behind the NBN Project. When asked further regarding the conversation between Neri and President Arroyo on
matters of the NBN project, he calls for Executive Privilege.
 Executive Privilege is the power of the Government to withhold information from the public, the courts, and the
Congress.
 The Senate issued a contempt order against Neri and directed his arrest and detention.

Petitioner’s claims:
 The President is entitled to the confidentiality of her correspondences. This is necessary for the protection of the
public interest in candid, objective, and even blunt or harsh opinions in Presidential decision-making.
 If the president is not protected by the confidentiality of conversations, it will hamper her in the effective
discharge of her duties and responsibilities. It might also impair our economic relations with China.

Senate’s defense:
1. This is a violation to the people's right to information.
2. The Congress has a need to investigate the matter as it is crucial in their legislation of a potential bill.
3. They contend that their Rules of Procedure Governing Inquiries in Aid of Legislation are beyond the reach of
this Court.

Rulings:
1. The right to information does not extend to matters recognized as ‘privileged information’ under the separation
of powers, by which the Court meant Presidential conversations, correspondences, and discussions in closed-door
Cabinet meetings.
2. Congress may only investigate into the areas in which it may potentially legislate or appropriate, it cannot
inquire into matters which are within the exclusive province of one of the other branches of the government.
Lacking the judicial power given to the Judiciary, it cannot inquire into matters that are exclusively the concern of
the Judiciary. Neither can it supplant the Executive in what exclusively belongs to the Executive.
3. The Court’s exercise of its power of judicial review is warranted because there appears to be a clear abuse of
the power of contempt on the part of respondent Committees.

In summary:
 The Legislative Committee asks the Judiciary and the Executive branches to heed to their rules of investigation in
the aid of their legislation. They contend that their internal procedures and deliberations should be respected and
cannot be inquried into by this Court, supposedly, in accordance with the principle of co-equal branches of
government.
 The legislative should also respect the Executive's power of "Executive Privilege" and the judiciary's power for
"Judicial Review".
 The Senate's order of Contempt issued against Neri is hereby set aside.