Unformatted text preview: the Executive Secretary. (Senate v. Ermita, G.R. No. 169777, April 20, 2006) Q: What are the varieties of executive privilege? 1. 2. 3. State secret privilege – invoked by Presidents on the ground that the information is of such nature that its disclosure would subvert crucial military or diplomatic objective. Informer’s privilege – privilege of the government not to disclose the identity of persons who furnish information in violations of law to officers charged with the enforcement of the law.
General privilege – for internal deliberations. Said to attach to intra‐
governmental documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated. Note: In determining the validity of a claim of privilege, the question that must be asked is not only whether the requested information falls within one of the traditional privileges, but also whether that privilege should be honored in a given procedural setting. Q: Differentiate Presidential Communications Privilege from Deliberative Process Privilege. PRESIDENTIAL COMMUNICATIONS PRIVILEGE Pertains to communications, documents or other materials that reflect presidential decision‐
making and deliberations that the President believes should remain confidential Applies to decision‐
making of the President Rooted in the constitutional principle of separation of powers and the President’s unique constitutional role DELIBERATIVE PROCESS PRIVILEGE Includes advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated Applies to decision‐
making of executive officials Rooted in common law privileges Q: What are the elements of presidential communications privilege? A: 1. A: 44 A: 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 P...
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