Title
Senate of the Philippines vs. Ermita
Case
G.R. No. 169777
Decision Date
Jul 14, 2006
Petitioners challenged E.O. 464, which required executive officials to seek presidential consent before appearing before Congress, arguing it violated Congress's inquiry rights and public access to information. The Supreme Court ruled key provisions unconstitutional, upholding legislative authority and public transparency.

Case Digest (G.R. No. 169777)

Facts:

  • Parties and Consolidated Cases
    • Petitioners
      • Senate of the Philippines, represented by its officers, and individual senators (G.R. No. 169777)
      • Bayan Muna and allied parties (G.R. No. 169659)
      • Francisco I. Chavez (G.R. No. 169660)
      • Alternative Law Groups, Inc. (G.R. No. 169667)
      • PDP-Laban (G.R. No. 169834)
      • Jose Anselmo I. Cadiz et al., including the Integrated Bar of the Philippines (G.R. No. 171246)
    • Respondents
      • Eduardo R. Ermita, Executive Secretary and alter-ego of the President
      • Other Executive officials: Secretary of Defense, AFP Chief of Staff, PNP officers
  • Background and Procedural History
    • Executive Order No. 464 issued by President Gloria Macapagal-Arroyo on December 14, 2005
      • Section 1: Prohibition on executive officials’ appearance during question hour
      • Section 2(b): Enumeration of “senior officials” covered by executive privilege
      • Section 3: Requirement of presidential consent before appearance in inquiries in aid of legislation
    • Senate inquiries and refusals
      • Executive officials invoked E.O. 464 to decline subpoenas for Senate hearings on alleged misconduct
      • Senate petitioners filed petitions for certiorari and prohibition before the Supreme Court
    • April 20, 2006 Decision
      • Declared Sections 2(b) and 3 of E.O. 464 invalid as authorizing implied claims of executive privilege
      • Held E.O. 464 unconstitutional to the extent it barred appearances in aid of legislation without specific invocation of privilege
    • Motions for Reconsideration
      • Respondents’ Motion (May 18, 2006) challenging the Decision’s treatment of E.O. 464
      • PDP-Laban’s Motion (May 17, 2006) contesting the finding on its lack of standing
      • Comments filed by all other petitioners endorsing or opposing the motions

Issues:

  • Validity of the April 20, 2006 Decision
    • Whether the Supreme Court erred in invalidating Sections 2(b) and 3 of E.O. 464 as implied executive privilege
    • Whether publication of Senate rules or lack thereof affects the validity of E.O. 464
  • Standing of PDP-Laban
    • Whether PDP-Laban has the requisite standing to challenge E.O. 464 similarly to Bayan Muna
    • Whether PDP-Laban’s status as taxpayers or party members confers a right to sue

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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