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The Last Frontier
EO 464 ruling: A measure of judicial independence

Posted 24 April 2006

Executive Order 464 is unconstitutional. Even though the Supreme Court decision only invalidated portions of the Order, its gist – prohibiting executive officials from the Cabinet secretaries down to the lowliest clerk, if the president so determines – was declared void.

It could be argued that the main purpose of the Order was to stop the congressional investigations on the “Hello Garci” controversy, the Venable contract, the fertilizer scam, and the Northrail project, among others.

In fact, some have observed that EO 464 was meant to prevent any information that could conceivably harm the administration, no matter how trivial it may seem.

Gloria Macapagal-Arroyo admitted as much.

In a speech before World War II veterans, she said that “we have to put our foot down” and stop investigations in the Senate, which she perceived as the new “battleground” where she would have to prove her legitimacy.

The administration says that the main objective of EO 464 was to ensure that executive officials appearing before Congress will be treated humanely and respectfully. This was in reaction to the Senate Blue Ribbon Committee's contempt citation of National Security Adviser Norberto Gonzales.

Gonzales was cited for contempt when he refused to answer the senators' questions about the Venable contract. This was in September 21, 2005. Five days later, the Palace issued EO 464 that effectively stopped congressional hearings and investigations in their tracks.

How effective was EO 464?

It delayed the budget hearings in the Senate when key Cabinet officials did not attend, citing the Order. It stopped the Senate investigation into the Venable contract. It prevented the Senate Committee on Agriculture from conducting its investigation into the fertilizer scam. It resulted in the sacking of two military officers when they defied the Order and testified before the Senate Committee on national defense. It derailed the the “Hello Garci” investigation.

In a sentence, EO 464 served its purpose: to squelch the truth.

That is why the Supreme Court decision is a welcome development, if one is interested in a free and democratic Philippines.

It proves, for the time being at least, that this regime does not have complete control over the entire government machinery.

Gloria Macapagal- Arroyo and her cabals have Congress. They have the military. They have the police. They have the Comelec. They have the local governments.

This decision shows that they do not yet have the Supreme Court.