Aquino invoked executive privilege

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Unformatted text preview: e President may not authorize her subordinates to exercise such power. When an official is being summoned by Congress on a matter which, in his own judgment, might be covered by executive privilege, he must be afforded reasonable time to inform the President or the Executive Secretary of the possible need for invoking the privilege. This is necessary in order to provide the President or the Executive Secretary with fair opportunity to consider whether the matter indeed calls for a claim of executive privilege. If, after the lapse of that reasonable time, neither the President nor the Executive Secretary invokes the privilege, Congress is no longer bound to respect the failure of the official to appear before Congress and may then opt to avail of the necessary legal means to compel his appearance. (Senate v. Ermita, G.R. No. 169777, April 20, 2006) Q: What is the requirement in invoking the privilege? A: A formal claim of the privilege is required. A formal and proper claim of executive privilege requires a specific designation and description of the documents within its scope as well as precise and certain reasons for preserving their confidentiality. Without this specificity, it is impossible for a court to analyze the claim short of disclosure of the very thing sought to be protected. Note: Congress must not require the President to state the reasons for the claim with such particularity as to compel disclosure of the information which the privilege is meant to protect. (Senate v. Ermita, G.R. No. 169777, April 20, 2006). Q: Is the privilege absolute? A: No. Claim of executive privilege is subject to balancing against other interest. Simply put, confidentiality in executive privilege is not absolutely protected by the Constitution. Neither the doctrine of separation of powers, nor the need for confidentiality of high‐level communications can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances. (Neri v. Senate,G.R. No....
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