FACTS

On April 21, 2007, the DOTC entered into a contract with ZTE
for the supply of equipment and services for the NBN Project in
the amount of nearly Php6B and was to be financed by the
Republic of China.  Several Resolutions regarding the
investigation and implications on national security and
government-xto-government contracts regarding the NBN
Project were introduced in Senate.  Respondent Committees
initiated the investigation by sending invitations to certain
personalities and cabinet officials involved in the NBN Project.
Petitioner was summoned to appear and he testified to the
Committees for eleven (11) hours, but refused to answer three
important questions, invoking his right to executive privilege.
For failing to appear in the other days that he was summoned,
Neri was held in contempt.

ISSUE:  Whether or not the communications elicited by the 3

questions covered by executive privilege 

DECISION:  Granted 

RATIO DECIDENDI:  
The communications are covered by executive privilege
The Supreme Court found the Senate to have gravely abused its
discretion in citing the petitioner for contempt for his refusal to
answer questions propounded to him in the course of
legislative inquiry.   The Court declared that “there being a
legitimate claim of executive privilege, the issuance of
contempt order suffers from constitutional infirmity.” Executive
privilege: 2 kinds: presidential communications (between
president and executive official) and deliberative process
(between executive officials only)