3 the presidential communications privilege remains a

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Unformatted text preview: BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. EXECUTIVE DEPARTMENT A: It is the power of the President to withhold certain types of information from the public, the courts, andthe Congress. Q: How is the privilege invoked? A: Executive privilege must be invoked in relation to specific categories of information and not to categories of persons. Note: While executive privilege is a constitutional concept, a claim thereof may be valid or not depending on the ground invoked to justify it and the context in which it is made. Noticeably absent is any recognition that executive officials are exempt from the duty to disclose information by the mere fact of being executive officials. (Senate v. Ermita, G.R. No. 169777, April 20, 2006) Q: Is the invocation of this privilege through executive orders, prohibiting executive officials from participating in legislative inquiries, violate the constitutional right to information on matters of public concern of the people? A: Yes. To the extent that investigations in aid of legislation are generally conducted in public, however, any executive issuance tending to unduly limit disclosures of information in such investigations necessarily deprives the people of information which, being presumed to be in aid of legislation, is presumed to be a matter of public concern. The citizens are thereby denied access to information which they can use in formulating their own opinions on the matter before Congress — opinions which they can then communicate to their representatives and other government officials through the various legal means allowed by their freedom of expression. (Senate v. Ermita, G.R. No. 169777, April 20, 2006) Q: Who can invoke executive privilege? A: 1. President Note: The privilege being an extraordinary power, it must be wielded only by the highest official in the executive department. Thus, th...
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