Neri vs. Senate Committee (RESOLUTION) [with Dissenting Opinions]

ROMULO L. NERI, Petitioner, versus SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY, Respondents.

G.R. No. 180643 | 2008-09-05

Congress, oversight function may be facilitated by compulsory process only to the extent that it is performed in pursuit of legislation
Presidential communications privilege
Section 21 of Article VI, 1987 Constitution; The phrase "duly published rules of procedure" requires the Senate of every Congress to publish its rules of procedure governing inquiries in aid of legislation because every Senate is distinct from the one bef
Legislative bodies; authority of Congress to conduct inquiries in aid of legislation; cannot be conducted solely to gather incriminatory evidence and punish those investigated
Executive department
Executive privilege
Executive privilege, two kinds

RESOLUTION

LEONARDO-DE CASTRO, J.:

Executive privilege is not a personal privilege, but one that adheres to the Office of the President. It exists to protect public interest, not to benefit a particular public official. Its purpose, among others, is to assure that the nation will receive the benefit of candid, objective and untrammeled communication and exchange of information between the President and his/her advisers in the process of shaping or forming policies and arriving at decisions in the exercise of the functions of the Presidency under the Constitution. The confidentiality of the President's conversations and correspondence is not...