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Executive Privilege and Presidential Immunity

- The executive branch cannot invoke a general confidentiality privilege to shield officials from investigations into wrongdoing by proper government institutions. A valid claim of executive privilege requires specifying precise reasons for confidentiality. - The president remains accountable to the people and can only be removed from office through impeachment. Presidential immunity only exists while in office to prevent distractions from duties, though it may not apply to criminal cases with severe penalties like death.

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23 views1 page

Executive Privilege and Presidential Immunity

- The executive branch cannot invoke a general confidentiality privilege to shield officials from investigations into wrongdoing by proper government institutions. A valid claim of executive privilege requires specifying precise reasons for confidentiality. - The president remains accountable to the people and can only be removed from office through impeachment. Presidential immunity only exists while in office to prevent distractions from duties, though it may not apply to criminal cases with severe penalties like death.

Uploaded by

Rina Tru
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

AKBAYAN v.

Aquino: - Unlawful acts of public officials are not acts of the


State, and the officer who acts illegaly is not acting
- Executive cannot, anymore other than the other as such but stands in the same footing as any other
branches of the government, invoke a General trespasser.
Confidentiality Privilege to shield its officials and
employees from investigations by the proper David v. Arroyo
governmental institutions into possible wrongdoing. - The President, like any other official, remains
Even applies if invoked in the context of a judicial trial or accountable to the people but he may be removed
a congressional investigation conducted in aid of from office only in the mode provided by law and
legislation. that is by Impeachment.

- Valid Claim of Privilege: only way of department heas to


exempt themselves when Congress exercises its power -------------------------------------------------------------------
of inquiry Chapter 11

POWERS OF THE PRESIDENT


Senate v. Ermita

- The Doctrine of Executive Privilege is premised on the


- Executive power is more than the sum of specific
fact that certain information must, as a matter of
powers enumerated.
necessity, be kept confidential in pursuit of the public
interest.

- It is not required to state the reasons for the claim with


such particularity as to compel disclosure of the
information which the privilege is meant to protect, as
a matter of respect to a coordinate and co-equal
department.

Neri v. Senate Committee on Accountability of Public Off.

- A formal and proper claim of Executive privilege


requires a precise and cetain reason for preserving
their confidentiality.

PRESIDENTIAL IMMUNITY

- Exists only in concurrence with the President’s


incumbency.
Reason:
- The President, during his tenure of office or accrual
incumbency, may not be sued in any criminal or civil
case as:
1. It will degrade the dignity of the high office of
the President, the Head of State can be dragged
into court litigations while serving as such.
2. It is important to be freed from any form of
harassment, hindrance or distraction to enable
him to fully attend to the performance of his
duties and functions.
3. Anything impairs his usefulness in the discharge
of the many great and important duties
imposed upon him by the Constitution
necessarily impairs the operation of the
Government.

Estrada v. Disierto
- Cases that are criminal in character, like those
carries death penalty, cannot be covered by the
alleged mantle of immunity of a non-sitting
president.

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