The Senate Blue Ribbon Committee has called for legislative investigations and inquiries into various issues and charges of incompetence and corruption against some Executive Department officials. To ensure the observance of the principle of separation of powers, adherence to the rule on executive privilege, and respect for the rights of public officials appearing in legislative inquiries, the President issued Executive Order No. 111 (E.O. 111), which provides for rules and guidelines during question hour and inquiries in aid of legislation, the scope of executive privilege, and the list of executive officials covered by the executive privilege. E.O. 111 prohibits the executive officials named therein from appearing before Congressional investigations without prior approval of the President. The Senate, led by the Senate President, filed a petition before the Supreme Court to challenge the constitutionality of E.O. 111. Is E.O. 111 unconstitutional? Explain.
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Answer: Yes, E.O. 111 is unconstitutional. Legal Basis: Under Article VI, Section 21 of the 1987 Constitution, Congress possesses the power to conduct inquiries in aid of legislation. In Senate v. Ermita, the Supreme Court held that executive privilege attaches to specific categories of sensitive information, not to categories of persons. Executive officials are not exempt from appearing in legislative inquiries by the mere fact of their
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Is E.O. 111 unconstitutional insofar as it prohibits executive officials from appearing before congressional investigations in aid of legislation without prior presidential approval?
Under Article VI, Section 21 of the 1987 Constitution and Senate v. Ermita, the power of legislative inquiry in aid of legislation is co-extensive with the power to legislate, and attendance therein is compulsory for executive officials. Executive privilege is recognized only in relation to specific categories of sensitive information, not categories of persons. Requiring prior presidential approval before executive officials can appear in legislative inquiries frustrates the legislative power of inquiry and is unconstitutional.