BALANCING OF INTERESTS: Executive Privilege vs Public Interest

Legislature’s power of inquiry in aid of legislation is a clear and positive mandate of the 1987 Constitution. The declaration of principles and state policies provides the very foundation of this mandate particularly on the right of the people to information on matters of public concern. Thus, the impairment of this right, as a consequence of E.O. 464, is as direct as its violation of the legislature’s power of inquiry. In the same vein, the invocation of executive privilege by the President and his/her alter egos is also well provided by the very same Constitution. But the assertion of this privilege is not without qualification, thus, the term PRIVILEGE. It can only be evoked under certain conditions. It operates as a mere license that may be revoked when it fails to meet certain standards and parameters. It is not as inalienable and immutable as the rights enumerated under the Bill of Rights. This must be hammered into the heads of those who cavalierly invoke this sacrosanct proviso in our Constitution. The landmark case of Senate vs. Ermita had thoroughly elucidated on the requirements to the claim of executive privilege. In this case, the Supreme Court had clearly set the parameters for its proper invocation i.e. the information sought must pertain to the following classes of information: state secrets regarding military, diplomatic, and national security matters. Evaluated against the aforecited parameters, the claim of executive privilege must fail. Undoubtedly, the type of information being sought do not fall within state secrets regarding military, diplomatic, and national security matters. At most, what is being withheld is a state secret involving massive corruption and bribery, which to any criminal mind, should really be left in the dark to evade public prosecution & persecution. They are hell bent in their assertion that the disclosure of the information might impair the country’s diplomatic as well as economic relations with the People’s Republic of China, and that they deal with delicate and sensitive security and diplomatic matters. Well, they could always circumvent the law or subject it to interpretations that would save their ass. But what is so apparent right now is that their continued evasions and muddling up is a flagrant contempt of the Congressional power and a brazen obstruction of its processes—a blatant transgression of the higher right of the people to information on matters of public concern. There are two conflicting & overriding interests involved at hand: the interest of the people versus the claim of executive privilege. We don’t even need to argue which is more supreme and deserves to be upheld. All government authority emanates from the people, including the claim of executive privilege. Thus, it cannot be equal nor arrogate itself to be more superior than its very source. The end of every government’s exercise of its powers and mandates is to serve the interest of the people. And the reverberating voice right now is the people’s search for truth on a matter conclusively of public interest as it involves national indebtedness, disbursement of public funds, adherence to laws, and public accountability and trust, and NOT merely the legality or illegality of a contract. Finally, the claim of executive privilege is not meant to serve as a cloak to cover up wrongdoings in the executive branch of our government. It was placed in the Constitution to serve a higher and lofty purpose and not to encourage impunity of our public officials. In Neri’s case, the privilege is invoked in the context of strong direct documentary and testimonial evidence of large-scale corruption and bribery. Taken altogether, there is no doubt that the privilege is being used to shield the perpetration of a crime rather than serve legitimate public purpose