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Unformatted text preview: nothing in our laws that would prevent the President from waiving the privilege. The President may shed the protection afforded by the privilege. (Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988) 5. Heads of departments cannot invoke the President’s immunity. (Gloria v. Court of Appeals, G.R. No. 119903, Aug. 15, 2000) B. (Rule on immunity after tenure) 42 2. Separation of powers. The separation of powers principle is viewed as demanding the executive’s independence from the judiciary, so that the President should not be subject to the judiciary’s whim. (Almonte v. Vasquez, G.R. No. 95367, May 23, 1995) Public convenience. The grant is to assure the exercise of presidential duties and functions free from any hindrance or distraction, considering that the presidency is a job that, aside from requiring all of the office‐holders’ time, demands undivided attention. (Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988) Note: President's immunity from suit does not extend to his alter egos. However, the said immunity extends beyond his term, so long as the act, on which immunity is invoked, was done during his term. Q: Upon complaint of the incumbent President of the Republic, Achernar was charged with libel before the RTC. Achernar contends that if the proceedings ensue by virtue of the President’s filing of her complaint‐affidavit, she may subsequently have to be a witness for the prosecution, bringing her under the trial court’s jurisdiction. May Achernar invoke the President’s immunity? A: No. The immunity of the President from suit is personal to the President. It may be invoked only by the President and not by any other person. (Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988) 2. Executive Privilege Q: What is executive privilege? POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T....
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This document was uploaded on 03/12/2014.

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