SECTION 1
Appearance by Heads of Departments Before Congress
SECTION 1.
Appearance by Heads of Departments Before Congress.
- In accordance with Article VI, Section 22 of the Constitution and to implement the Constitutional provisions on the separation of powers between co-equal branches of the government, all heads of departments of the Executive Branch of the government shall secure the consent of the President prior to appearing before either House of Congress.
When the security of the State or the public interest so requires and the President so states in writing, the appearance shall only be conducted in executive session.
SECTION 2
Nature, Scope and Coverage of Executive Privilege
SECTION 2.
Nature, Scope and Coverage of Executive Privilege.
-
(a)
Nature and Scope.
- The rule of confidentiality based on executive privilege is fundamental to the operation of government and rooted in the separation of powers under the Constitution (Almonte vs. Vasquez, G.R. No. 95367, 23 May 1995). Further, Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees provides that public officials and employees shall not use or divulge confidential or classified information officially known to them by reason of their office and not made available to the public to prejudice the public interest.
Executive privilege covers all confidential or classified information between the President and the public officers covered by this executive order, including:
i. Conversations and correspondence between the President and the public official covered by this executive order (Almonte vs. Vasquez
G.R. No. 95367,
23 May 1995; Chavez v. Public Estates Authority,
G.R. No. 133250,
9 July 2002);
ii. Military, diplomatic and other national security matters which in the interest of national security should not be divulged (Almonte vs. Vasquez,
G.R. No. 95367,
23 May 1995; Chavez v. Presidential Commission on Good Government,
G.R. No. 130716,
9 December 1998).
iii. Information between inter-government agencies prior to the conclusion of treaties and executive agreements (Chavez v. Presidential Commission on Good Government,
G.R. No. 130716,
9 December 1998);
iv. Discussion in close-door Cabinet meetings (Chavez v. Presidential Commission on Good Government,
G.R. No. 130716,
9 December 1998);
v. Matters affecting national security and public order (Chavez v. Public Estates Authority,
G.R. No. 133250,
9 July 2002).
(b)
Who are covered.
- The following are covered by this executive order:
i. Senior officials of executive departments who in the judgment of the department heads are covered by the executive privilege;
ii. Generals and flag officers of the Armed Forces of the Philippines and such other officers who in the judgment of the Chief of Staff are covered by the executive privilege;
iii. Philippine National Police (PNP) officers with rank of chief superintendent or higher and such other officers who in the judgment of the Chief of the PNP are covered by the executive privilege;
iv. Senior national security officials who in the judgment of the National Security Adviser are covered by the executive privilege; and
v. Such other officers as may be determined by the President.
SECTION 6
Effectivity
SECTION 6.
Effectivity.
- This Executive Order shall take effect immediately.
DONE in the City of Manila, this 26th day of September in the Year of our Lord, Two Thousand and Five.
(Sgd. )
GLORIA MACAPAGAL-ARROYO
By the President:
(Sgd.)
EDUARDO R. ERMITA
Executive Secretary