The Ruling on Executive Privilege: A Threat to the Nation
The Supreme Court ruling on executive privilege is not only a grave threat to the Senate as a co-equal body but also to our system of government and democracy in general. This danger is most clearly seen in Malacanang’s recent pronouncement that without published rules, all Senate hearings in aid of legislation, past and present, may now be considered “null and void” and that executive officials can now ignore them.
In its ruling, the Court upheld the President’s claim of executive privilege and nullified the Senate’s order citing former NEDA chief Romulo Neri in contempt for not appearing in its hearings on anomalies concerning the NBN-ZTE project.
The decision, however, is not simply about the President being right in keeping certain information from the public. Some of the reasons used by the Court in reaching its conclusions have dangerous consequences for our nation and our people.
First, the Court’s view that existing Senate rules on legislative inquiries have not been duly published disregards Senate practice, severely limits its capacity to conduct legislative inquiries, and in Malacanang’s view, even puts into question all acts of the 14th Congress, including enacted legislation. Will Malacanang now also argue that the budget law is also “null and void”?
Second, the Court’s recognition of a presumption in favor of the confidentiality of Presidential communications places the burden of overcoming it upon those seeking disclosure. This is inconsistent with the principle that all means must be used to seek for the truth, and that those who wish an exception must show the need. It violates the constitutional mandate for transparency in government and the people’s right to information on matters of public concern.
Third, the Court has expanded the coverage of executive privilege to include not only communications directly involving the President herself, but also communications involving her close advisors. The President is given advice by many known and unknown officials close to her. How far down the chain of command does the privilege extend? This expansion effectively keeps away from public view information in many areas of governance.
Finally, the Court has made it easier for the President to invoke executive privilege, for all she needs to allege is that the information demanded involves state secrets or presidential conversations. This will allow her and other officials to use executive privilege to hide misconduct in governance, in violation of the constitutional principle of accountability of public officers.
Because the government acts in a consistent pattern of concealment, the presumption in executive privilege must remain in favor of disclosure and against secrecy. Public interest in transparency, accountability and the people’s right to information must always be strongly upheld and zealously protected. We must not allow this interpretation of executive privilege to weaken our democratic institutions. The Supreme Court must reverse itself!
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BUONG BANSA SUMISIGAW: TAMA NA, ITAMA NA! (BUSINA!)
April 2, 2008
