Rules on Executive Privilege and Legislative Inquiries

Executive privilege safeguards confidential governmental communications, rooted in separation of powers (Almonte vs. Vasquez).
It includes confidentiality pursuant to RA 6713 (Code of Conduct and Ethical Standards) and Article 229 of the Revised Penal Code concerning classified information.
Executive privilege covers:
- Conversations and correspondence between the President and designated public officials.
- Military, diplomatic, and national security matters.
- Inter-agency communications prior to treaties or executive agreements.
- Discussions in closed-door Cabinet meetings.
- Issues affecting national security and public order.

Senior officials in executive departments as determined by department heads.
Generals, flag officers, and other AFP officers as determined by the Chief of Staff.
High-ranking Philippine National Police officers as determined by the Chief of the PNP.
Senior national security officials as determined by the National Security Adviser.
Other officers as designated by the President.

Heads of departments and officials outlined above must secure President’s prior consent before appearing before either House of Congress.
When warranted by State security or public interest, the President may require that such appearances be in executive session.
This procedural requirement ensures observance of separation of powers, respect for executive privilege, and protection of officials’ rights during legislative inquiries.

Legislative inquiries must not be exploited for partisan political purposes.
These inquiries must avoid disrupting foreign diplomatic relations or undermining State stability.
These safeguards aim to protect government efforts to attract foreign investment and maintain public order.

RA 6713 prohibits public officials and employees from divulging confidential information obtained by virtue of their office that could harm public interest.
Article 229 of the Revised Penal Code penalizes unauthorized disclosure of official secrets or wrongful handling of official documents.

The 1987 Constitution and Administrative Code of 1987 affirm the President’s control over government agencies.
The President is responsible for ensuring faithful execution of laws.

All prior executive issuances, orders, or rules inconsistent with this Order are repealed or modified accordingly.

If any provision is declared unconstitutional or invalid, remaining provisions stay effective and enforceable.

This Executive Order took effect immediately upon its issuance on September 28, 2005.