Senate President Francis “Chiz” Escudero confirmed on Monday the receipt of a letter from Malacañang invoking executive privilege in withholding information regarding the arrest of former President Rodrigo Duterte.

Escudero said the letter, written by Executive Secretary Lucas Bersamin, was addressed to both himself and Senator Imee Marcos. It arrived at his office on 20 March, the same day Senator Marcos’ panel conducted an inquiry into Duterte’s arrest.

“They wrote to me and the chairperson of the committee, Senator Imee Marcos, regarding the concerns raised by Senator Marcos,” Escudero told reporters.

The Senate President noted that Malacañang referenced a Supreme Court ruling that supported the executive branch’s right to invoke executive privilege. However, Escudero clarified that invoking executive privilege should not be used as an excuse for officials to skip Senate hearings.

“My position remains that executive privilege should not be a reason for non-attendance — and they did attend, for which I thank them. But it can be invoked when a question might reveal private conversations with the President. And that’s exactly what happened during the hearing,” he said.

In the letter obtained by Daily Tribune, Bersamin addressed both Escudero and Senator Marcos, saying that certain details regarding the former president’s arrest were protected by executive privilege.

Bersamin’s letter read in part: “Consistent with the Constitution, laws, and jurisprudence, the Executive Branch respectfully invokes executive privilege against disclosure of information related to the following matters: presidential communications solicited and received by advisers of the President, including those discussed during closed-door Cabinet meetings, on the matters covered by the agenda, because these are classified as privileged.”

“Communications, documents, correspondences, and information covering military and diplomatic secrets, on the grounds that disclosure thereof will impair diplomatic relations and adversely affect national security,” it said.

The Office of the President (OP) also invoked executive privilege over diplomatic communications and correspondence with law enforcement agencies, foreign governments, and international organizations, citing potential harm to diplomatic relations.

The OP likewise invoked executive privilege regarding the arrangements for Duterte’s transportation to The Hague, saying that similar protocols are followed for the transportation of heads of state, and disclosure could pose significant risks to national security and security protocols.

The plane that flew Duterte to the Netherlands was reportedly also used by President Marcos on several of his trips.