MANILA, Philippines - The Sandiganbayan has ordered former National Economic and Development Authority (NEDA) director-general Romulo Neri to testify against former President Gloria Macapagal-Arroyo in relation to the national broadband network (NBN) deal though he is also facing trial for alleged involvement in the botched $329-million contract.
In a ruling issued yesterday, the anti-graft court’s Fourth Division said the former Cabinet official cannot invoke his right to remain silent, junking a motion to quash the subpoena issued against the witness and accused.
Neri did not want to take the witness stand against Arroyo and other defendants in the case, including former first gentleman Jose Miguel Arroyo, former elections chief Benjamin Abalos and former transportation secretary Leandro Mendoza.
Neri invoked his right to remain silent and against self-incrimination.
But the Sandiganbayan said his motion is without merit, noting that the right to silence does not apply to him at present because the “investigation†he raised only pertains to “investigation conducted by police authorities.â€
“Neri is clearly not under any police investigation. He already stands charged before the court. The right to remain silent no longer applies to him,†the Sandiganbayan said in its eight-page ruling.
“It is only when a particular question is addressed to him, the answer to which may incriminate him for some offense, that he may refuse to answer,†the anti-graft court added.
The court also noted Neri has “the legal duty to appear and truthfully declare what he knows about the case†and cannot claim or cite executive privilege in his communications with Arroyo in court.