Romulo Neri vs.

Senate Committee on Public

Accountability, et. al. G.R. No. 180643, March 25, 2008
and October, 2008
DE CASTRO, J.
FACTS: Romulo Neri, the Director General of nationa
Economic and Development Authority, was invited by the
Senate Committee on Public Accountability to attend their
joint investigation on the alleged anomalies in the National
Broadband Network (NBN) Project. In the legislative
inquiry, Neri refused to answer some questions of the
committee invoking executive privilege.
The Senate issued a subpoena, requiring him to appear
and testify on 20 November 2007. Then, Executive
Secretary Eduardo Ermita sent a letter requesting to
dispense with Neri's testimony on the ground of executive
privilege, on the ground that the information sought to be
disclosed might impair our diplomatic as well as economic
relations with the Peoples Republic of China. Therefore,
Neri did not appear before the Committees on November
20.
Consequently, upon finding the explanation of nonappeareance unsatisfactory, Neri was held in contempt
and ordered his arrest and detention at the Office of the
Senate Sergeant-At-Arms until he appears and gives his
testimony.
ISSUE: Is the invocation of executive privilege of Neri
asmissible?
SC RULING: Yes.
executive privilege may be validly claimed by the
executive department only in cases where the power
subject of the legislative inquiry is expressly granted by
the Constitution to the President. One of which is
diplomatic powers.
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

G.R. No. 113375 May 5, 1994

KILOSBAYAN, vs.TEOFISTO GUINGONA, JR.,
DAVIDE, JR., J.:
FACTS:
PCSO decided to establish an on-line lottery system for the
purpose of increasing its revenue base and diversifying its sources
of funds. Berjaya Group Berhad, a multinational company in
Malaysia, interested to offer service and resources to PCSO,
organized with some Filipino investors, Philippine Gaming
Management Corporation (PGMC) was organized.
On 21 October 1993, in an announcement published in
newspapers, the Office of the President had given go-signal
PGMC to operate the country's on-line lottery system and that the
corresponding implementing contract would be submitted "for final
clearance and approval by the Chief Executive."
Consequently, KILOSBAYAN, in an open letter sent to the
President Fidel V. Ramos, strongly opposed the on-line lottery on
the basis of serious moral and ethical considerations.
The petitioners Kilosbayan, Incorporated (KILOSBAYAN) avers
that it is a non-stock domestic corporation composed of civicspirited citizens, pastors, priests, nuns, and lay leaders who are
committed to the cause of truth, justice, and national renewal.
ISSUES:Does the petitioners have locus standi?
HELD:YES. The petition is found to be of transcendental
importance to the public. The issues it raised are of paramount
public interest. The ramifications of such issues immeasurably

affect the social, economic, and moral well-being of the people

even in the remotest barangays of the country and the counterproductive and retrogressive effects of the envisioned on-line
lottery system are as staggering as the billions in pesos it is
expected to raise. The legal standing then of the petitioners
deserves recognition and, in the exercise of its sound discretion,
this Court hereby brushes aside the procedural barrier which the
respondents tried to take advantage of.