The President and other high-ranking officials enjoy executive privilege and are not required to appear before congressional hearings, according to a Palace official.

This was in response to Sen. Ronald “Bato” Dela Rosa‘s statement complaining about the non-appearance of executive officials during the second Senate hearing on the arrest of former president Rodrigo Duterte by the International Criminal Police Organization (Interpol).

“Dapat malaman din po ni Senator Bato na patungkol po sa executive privilege ay matagal na po na inayunan ng Supreme Court,” Presidential Communications Undersecretary and Palace Press Officer Claire Castro said during a Malacañang briefing.

Castro pointed to Supreme Court rulings supporting Malacañang’s stand in invoking executive privilege, answering questions from lawmakers, and attending congressional investigations.

“Kung saan po ang executive privilege ay patunay lamang po, according to the Supreme Court decisions, na ito po ay maaaring pong i-invoke ng ating Pangulo at kanyang mga high-ranking officials, especially kung ito ay patungkol sa deliberative process privilege, Presidential communications privilege, or state secrets privilege,” Castro said.

“So, sana po mabasa niya ang mga kasong ito para siya ay maliwanagan,” she said.

Dela Rosa urged the Senate to subpoena the Cabinet officials who refrained from attending the second hearing of the Senate Foreign Relations Committee.

Dela Rosa claimed their absence from the hearing by invoking executive privilege could trigger a constitutional crisis.

However, Castro reminded the senator that he was absent during the first Senate hearing.

“Hindi po ba niya natatandaan na nagkaroon na ng first hearing? Siya po yata ang wala. That was an opportunity para sa kanya para magtanong,” Castro said.

“So, huwag niya pong sisihin kung ngayon po ay hindi umatend ang mga Cabinet officials natin sa pangalawang hearing po,” she said.

Castro said the Cabinet officials attended the first Senate hearing for six hours. She added that the senator could have questioned them if he had participated in the hearing.

Castro said it was up to Dela Rosa to have the Cabinet officials subpoenaed, telling the lawmakers that he should be certain that he, too, would attend. | PND