Professional Documents
Culture Documents
Pinatubo Commercial
Facts:
Napocor questions the decision rendered bt RTC of Mandaluyong City Branch 213 declaring
items 3 and 3.1 of NPC Circular No. 99-75 unconstitutional, which allows only partnership or
corporations that directly use aluminum as the raw material to participate in the bidding
disposal of ACSR wires for being violative of substantial due process, EPC, and restraining
competitive free trade and commerce.
NPC Circular No. 99-75 set the guidelines in the disposal of ACSRS to maintain good
housekeeping in NPC installations and to generate additional income for NPC.
In April 2003, NPC invited bidders for public sale of its scrap ACSR. Pinatubo submitted a
pre-qualification form but was denied, and asked for reconsideration and again was denied.
Pinatubo then filed a petition in RTC for the annulment of NPC Circular No. 9975, with a
prayer for the issuance of a temporary restraining order & or writ of preliminary injunction.
RTC upheld Pinatubos position:
Substantive due process: circular had not been published
EPC: favored manufacturers and processors of aluminum scrap
Free trade and commerce: it only allowed a certain sector to participate in the bidding
NPC insists that there was no need to publish the circular since it was not of general
application and was addressed only to particular persons or class of persons, namely the
disposal committees, head of offices, regional and all other officials involved in the
disposition of ACSRs. It also contends that there was a substantial distinction between
manufacturers and traders of aluminum scrap.
Issue: Whether NPC Circular No. 99-75 must be published
Held:
NPC Circular No, 99-75 was merely an internal rule or regulation. It did not affect the rights
of the public or any other persons not involved in the bidding process. It was merely a
directive issued by the NPC President to his subordinates to regulate the proper and
efficient disposal of scrap ACSRs to qualified bidders.
The decision of the Regional Trial Court of Mandaluyong City, Branch 213 dated June 30,
2006 and resolution dated November 20, 2006 are REVERSED and SET ASIDE. Civil Case
No.MC-03-2179 for the annulment of NPC Circular No. 99-75 is hereby DISMISSED.
The Senate passed various resolutions relative to the NBN deal. In the September 18,
2007 hearing Jose de Venecia III testified that several high executive officials and power
brokers were using their influence to push the approval of the NBN Project by the NEDA.
Neri, the head of NEDA, was then invited to testify before the Senate Blue Ribbon. He
appeared in one hearing wherein he was interrogated for 11 hrs and during which he
admitted that Abalos of COMELEC tried to bribe him with P200M in exchange for his
approval of the NBN project. He further narrated that he informed President Arroyo
about the bribery attempt and that she instructed him not to accept the bribe.
However, when probed further on what they discussed about the NBN Project, petitioner
refused to answer, invoking executive privilege. In particular, he refused to answer the
questions on:
(a) whether or not President Arroyo followed up the NBN Project,
(b) whether or not she directed him to prioritize it, and
(c) whether or not she directed him to approve.
He later refused to attend the other hearings and Ermita sent a letter to the senate
averring that the communications between GMA and Neri are privileged and that the
jurisprudence laid down in Senate vs Ermita be applied. He was cited in contempt of
respondent committees and an order for his arrest and detention until such time that he
would appear and give his testimony.
ISSUE:
Are the communications elicited by the subject three (3) questions covered by executive
privilege?
HELD:
The communications are covered by executive privilege
The revocation of EO 464 (advised executive officials and employees to follow and abide
by the Constitution, existing laws and jurisprudence, including, among others, the case
of Senate v. Ermita when they are invited to legislative inquiries in aid of legislation.),
does not in any way diminish the concept of executive privilege. This is because this
concept has Constitutional underpinnings.
The claim of executive privilege is highly recognized in cases where the subject of
inquiry relates to a power textually committed by the Constitution to the President, such
as the area of military and foreign relations. Under our Constitution, the President is the
repository of the commander-in-chief, appointing, pardoning, and diplomatic powers.
Consistent with the doctrine of separation of powers, the information relating to these
powers may enjoy greater confidentiality than others.
Several jurisprudence cited provide the elements of presidential communications
privilege:
1) The protected communication must relate to a quintessential and non-delegable
presidential power.
2) The communication must be authored or solicited and received by a close advisor
of the President or the President himself. The judicial test is that an advisor must be in
operational proximity with the President.
3) The presidential communications privilege remains a qualified privilege that may be
overcome by a showing of adequate need, such that the information sought likely