Executive privilege not an excuse to dodge Senate — lawyer

The constitutional principle of executive privilege does not override the Senate’s authority to issue subpoenas, a constitutional law expert emphasized on Monday, amid ongoing debates surrounding the absence of Cabinet members at recent Senate hearings.

In an interview with dzBB, Atty. Domingo Cayosa — former president of the Integrated Bar of the Philippines — clarified that while executive privilege is not explicitly written in the Constitution, it is a well-established legal doctrine grounded in jurisprudence.

“This is already a constitutional law doctrine,” he said in Filipino. “There have been several Supreme Court rulings providing sufficient guidance to both the Senate and the Executive Branch on what executive privilege means.”

The clarification comes as members of the Executive branch declined to attend a Senate inquiry, citing executive privilege—a move that has drawn criticism from lawmakers.

What covers executive privilege?

In a briefing on 4 April, Palace spokesperson Claire Castro reiterated that while the Senate has the constitutional power to summon officials, certain communications and documents are protected under executive privilege. These include:

• Conversations and correspondence between the President and the public officials covered by this executive order;

• Military, diplomatic, and other national security matters which, in the interest of national security, should not be divulged;

• Information between inter-government agencies prior to the conclusion of treaties and executive agreements;

• Discussions in closed-door Cabinet meetings; and

• Matters affecting national security and public order.

'Two powers can coexist'

Cayosa explained that executive privilege enables the Executive Branch to withhold sensitive information if its disclosure could compromise the performance of government functions. However, this does not render the Senate’s investigative and subpoena powers ineffective.

“The fact that there is a constitutionally recognized principle of executive privilege doesn’t mean the Senate’s subpoena power is rendered useless,” he said. “These two powers can coexist. They do not cancel each other out.”

According to Cayosa, the Senate remains free to issue subpoenas, and Cabinet members may still attend hearings—especially if some of the questions are not related to sensitive state matters.

“If the Executive believes the information being requested is sensitive, they may invoke executive privilege. There’s no need for confrontation,” he noted.

Cayosa also warned that if the Senate insists on obtaining information the Executive is unwilling to disclose, the matter could be elevated to the Supreme Court. “That seems to be what Senate President Escudero is trying to prevent,” Cayosa said.

Cayosa urged both branches to maintain open communication and avoid airing disagreements through the media.

“It’s best if both parties talk directly. It’s problematic when they don’t communicate and instead air their disagreements through the media. The public ends up thinking our government is in chaos,” he said.