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    158 Neri VS Senate, 549 SCRA 77 (2008)

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    Ali Namla
    The Supreme Court recognized the presidential communications privilege invoked by Romulo Neri, head of NEDA, during Senate inquiries into the National Broadband Network project. The privilege protects communications regarding presidential decision-making, like entering executive agreements. It is rooted in separation of powers and the President's unique constitutional role. However, the privilege is not absolute and can be overcome by a showing of compelling need for the information and unavailability elsewhere. In this case, the Senate committees did not adequately demonstrate such need to justify limiting the privilege.

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    158 Neri VS Senate, 549 SCRA 77 (2008)

    Uploaded by

    Ali Namla
    136 views2 pages
    The Supreme Court recognized the presidential communications privilege invoked by Romulo Neri, head of NEDA, during Senate inquiries into the National Broadband Network project. The privilege protects communications regarding presidential decision-making, like entering executive agreements. It is rooted in separation of powers and the President's unique constitutional role. However, the privilege is not absolute and can be overcome by a showing of compelling need for the information and unavailability elsewhere. In this case, the Senate committees did not adequately demonstrate such need to justify limiting the privilege.

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    The Supreme Court recognized the presidential communications privilege invoked by Romulo Neri, head of NEDA, during Senate inquiries into the National Broadband Network project. The privilege protects communications regarding presidential decision-making, like entering executive agreements. It is rooted in separation of powers and the President's unique constitutional role. However, the privilege is not absolute and can be overcome by a showing of compelling need for the information and unavailability elsewhere. In this case, the Senate committees did not adequately demonstrate such need to justify limiting the privilege.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    136 views2 pages

    158 Neri VS Senate, 549 SCRA 77 (2008)

    Uploaded by

    Ali Namla
    The Supreme Court recognized the presidential communications privilege invoked by Romulo Neri, head of NEDA, during Senate inquiries into the National Broadband Network project. The privilege protects communications regarding presidential decision-making, like entering executive agreements. It is rooted in separation of powers and the President's unique constitutional role. However, the privilege is not absolute and can be overcome by a showing of compelling need for the information and unavailability elsewhere. In this case, the Senate committees did not adequately demonstrate such need to justify limiting the privilege.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    ROMULO L.

    NERI, petitioner,
    vs.
    SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS,
    SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL
    DEFENSE AND SECURITY, respondents.

    Facts: In April April 2007, DOTC entered into a contract with Zhong Xing
    Telecommunications Equipment (ZTE) for the supply of equipment and services for the National
    Broadband Network (NBN) Project in the amount of $329,481,290.00 (approximately P16 Billion
    Pesos). The Project was to be financed by the People’s Republic of China. The Senate passed
    various resolutions relative to the NBN deal. On the other hand, Joe De Venecia issued a
    statement that several high executive officials and power brokers were using their influence to
    push the approval of the NBN Project by the NEDA.
    Neri, the head of NEDA, was then invited to testify before the Senate Blue Ribbon. He appeared in
    one hearing wherein he was interrogated for 11 hrs and during which he admitted that Abalos of
    COMELEC tried to bribe him with P200M in exchange for his approval of the NBN project. He
    further narrated that he informed President Arroyo about the bribery attempt and that she
    instructed him not to accept the bribe. However, when probed further on what they discussed
    about the NBN Project, Neri refused to answer, invoking “executive privilege“. In particular, he
    refused to answer the questions on (a) whether or not President Arroyo followed up the NBN
    Project, (b) whether or not she directed him to prioritize it, and (c) whether or not she directed him
    to approve. He later refused to attend the other hearings and Ermita sent a letter to the SBRC
    averring that the communications between GMA and Neri is privileged and that the jurisprudence
    laid down in Senate vs Ermita be applied. The SBRC cited Neri for contempt.

    Issue: Whether or not the Legislative Branch can assert their power to conduct legislative
    inquiries after respondent invoked “Executive Privilege”?

    Ruling: The Supreme Court recognized the executive privilege which is the Presidential
    communications privilege. It pertains to “communications, documents or other materials that
    reflect presidential decision-making and deliberations and that the President believes should
    remain confidential.” Presidential communications privilege applies to decision-making of the
    President. It is rooted in the constitutional principle of separation of power and the President’s
    unique constitutional role.
    The claim of executive privilege is highly recognized in cases where the subject of inquiry relates
    to a power textually committed by the Constitution to the President, such as the area of military
    and foreign relations. The information relating to these powers may enjoy greater confidentiality
    than others.
    Elements of presidential communications privilege:
    1) The protected communication must relate to a “quintessential and non-delegable presidential
    power.” - i.e. the power to enter into an executive agreement with other countries. This authority of
    the President to enter into executive agreements without the concurrence of the Legislature has
    traditionally been recognized in Philippine jurisprudence.
    2) The communication must be authored or “solicited and received” by a close advisor of the
    President or the President himself. The judicial test is that an advisor must be in “operational
    proximity” with the President.
    3) The presidential communications privilege remains a qualified privilege that may be
    overcome by a showing of adequate need, such that the information sought “likely contains
    important evidence” and by the unavailability of the information elsewhere by an appropriate
    investigating authority. There is no adequate showing of a compelling need that would justify the
    limitation of the privilege and of the unavailability of the information elsewhere by an appropriate
    investigating authority.

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