Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 108)
The main purpose of Memorandum Circular No. 108 is to provide guidelines on the appearances of department heads and other officials of the Executive Department before Congress, in order to protect their rights, ensure the security of confidential information vital to national interest, and uphold the constitutional principle of separation of powers.
Article VI, Section 22 of the Constitution allows the heads of departments to appear before either House of Congress on any matter pertaining to their departments, with the consent of the President.
Appearances shall be conducted in executive session when the security of the State or the public interest so requires and the President so states in writing.
The official must promptly request information from Congress about the inquiry, forward the request and pertinent documents with recommendations to the President through the Executive Secretary, and secure the President's consent before appearing.
Examples include conversations and correspondence between the President and others on privileged matters, state secrets, information between inter-government agencies before treaties, closed-door Cabinet discussions, and matters affecting national security and public order.
Officials should request a reasonable period, e.g., fifteen (15) days, prior to any appearance to give the President sufficient opportunity to consider the subject matter.
Officials have the right not to answer questions that contain arguments, offensive language, pertain to matters sub judice, relate to internal affairs of foreign countries with unwarranted discourtesy, seek legal opinions, fall under another department's responsibility, repeat previous questions, violate constitutional rights, or are irrelevant to the inquiry.
They must be represented or accompanied by counsel at all times during their appearance.
The official should request a reasonable opportunity to inform the President that the matters discussed may fall within executive privilege.
All executive issuances, orders, rules, and regulations or parts thereof inconsistent with this Memorandum Circular are repealed or modified accordingly.
It takes effect fifteen (15) days following the completion of its publication in a newspaper of general circulation.