Thursday, December 15, 2011

Presidential Communications Privilege

The kind of executive privilege claimed by Romulo Neri during the inquiry in aid of legislation conducted by the Senate. The Supreme Court considered the subject communications as falling under the presidential communications privilege because (1) they were related to a quintessential and non-delegable power of the President; (2) they were received by a close advisor of the President; and (3) respondent Committees failed to adequately show a compelling need that would justify the limitation of the privilege and the unavailability of the information elsewhere by an appropriate investigating authority. (Neri vs. Senate, GR No. 180643, September 4, 2008)

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