Scope and Coverage
- Applies to department heads and officials of the Executive branch appearing before either House of Congress.
- Covers appearances during question hours and inquiries in aid of legislation.
- Focuses on matters involving privileged, confidential, or security-related information including:
- Presidential communications on privileged matters.
- State secrets (military, diplomatic, national security).
- Inter-agency information before treaty/executive agreements.
- Closed-door Cabinet discussions and internal government deliberations.
- National security and public order concerns.
Consent and Executive Privilege
- Consent of the President is required before Executive department heads appear before Congress.
- If national security or public interest requires, appearances shall be in executive session as directed by the President in writing.
Procedures for Inquiries in Aid of Legislation
- Officials must request from Congress detailed information regarding the inquiry's legal basis, subject matter, and specific questions.
- Forward the Congressional request with background and recommendations to the President through the Executive Secretary.
- President determines if inquiry falls within the scope of executive privilege or is in aid of legislation.
- Officials should ask Congress for a reasonable period (e.g., 15 days) before appearance to allow adequate preparation, without waiving privilege.
- If executive privilege applies, the President or Executive Secretary must inform the Senate President or House Speaker of the grounds invoked and context.
- During appearances, officials may request continuation in executive session; if denied, they may ask for time to secure Presidential confirmation.
- Officials must be represented or accompanied by counsel during Congressional appearances.
Rights of Officials Regarding Questions
- Officials can refuse to answer questions that:
- Contain arguments or offensive/unparliamentary language.
- Concern matters sub judice (under judicial consideration).
- Relate to internal affairs or show discourtesy to foreign countries.
- Seek opinions on legal questions.
- Relate to responsibilities of another department head.
- Repeat previously asked and answered questions.
- Violate constitutional and legal rights.
- Are not material or pertinent to the inquiry.
Confidentiality and Executive Privilege
- Officials must maintain confidentiality regarding information covered by executive privilege.
- They may request additional time to inform the President if sensitive matters arise during inquiry.
Repealing and Separability Clauses
- All prior inconsistent executive issuances, orders, rules, or regulations are repealed or modified accordingly.
- If any part of this circular is declared unconstitutional or invalid, remaining provisions remain effective.
Effectivity
- The Memorandum Circular takes effect 15 days after publication in a newspaper of general circulation.
Authority
- Promulgated by the Executive Secretary by authority of the President of the Philippines.