Basis of the Case Study (Neri V. Senate)

ISSUE OF THE CASE

are the communications elicited by the subject three (3) questions covered by executive privilege?

Second, did the respondent committees commit grave abuse of discretion in issuing the contempt order?

BASIS OF THE CASE

I

The Communications Elicited by the Subject Three (3) Questions Covered by Executive Privilege

* Whether the president followed up the (NBN) project

* Were you dictated to prioritize the ZTE

* Whether the president said to go ahead and approve the project after being told about the alleged bribe?

The power of congress to conduct in aid of legislation is broad. This is based on the proposition that a legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation intended to affect or change. But the power, broad as it is, has limitations. To be valid, it is imperative that it is done in accordance with the SENATE or HOUSE duly published rules of procedure and that rights of the persons appearing in or affected by such inquiries be respected.

The power extended even to the executive officials and the only way for them tobe exempted is through a valid claim of the executive privilege.

A. There is a recognized claim of executive privilege despite the revocation of EO.464

* The revocation of EO.464 does not in any way diminish the concept of the privilege. This is because this concept has constitutional underpinnings. Unlike the United States which as further accorded the concept with the statutory status by enacting Freedom of Information Act and Federal Advisory Committee Act, the Philippines has retained is constitutional origination, occasionally interpret by this court.

* There are two(2) kinds of executive privilege as the U.S. Court of Appeals delved

1. The presidential communication privilege and The deliberate process privilege

Presidential communications privilege applies to the decision making of the president, while the...