Escudero confirms Bersamin letter invoking ‘executive privilege’

Senate President Francis “Chiz” Escudero confirmed on Monday that he received a letter from Executive Secretary Lucas Bersamin invoking “executive privilege” concerning the Senate inquiry into the arrest of former President Rodrigo Duterte.

“Sumulat sa akin, sumulat din kay Chairperson ng kumite, Sen. Imee Marcos,” Escudero said during a press briefing.

(He wrote to me and Senator Imee Marcos, the chairperson of the committee.)

Senator Marcos later confirmed via text message that she received Bersamin’s letter “about an hour into the hearing on March 20.”

In his letter, Bersamin asserted executive privilege “against the disclosure of information” related to presidential communications solicited and received from the President’s advisers, particularly discussions held in closed-door Cabinet meetings relevant to the Senate inquiry. He stated that such matters are classified as privileged information.

Bersamin also invoked executive privilege over:

• Military and diplomatic secrets—disclosure could impair diplomatic relations and compromise national security.
• Diplomatic communications and correspondence with foreign law enforcement agencies and international organizations—disclosure could harm diplomatic relations.
• Arrangements regarding Duterte’s transport to The Hague, emphasizing that such protocols are also applied to Heads of State and disclosing them could pose grave security risks.

Additionally, Bersamin requested that the Senate Foreign Relations Committee provide a list of questions in advance for public hearings, stating that this would allow the Executive Branch to “meaningfully exercise its right to invoke executive privilege.”

Blanket shield

Escudero said he did not respond to Bersamin’s letter since it was received on March 20, the same day as the Senate inquiry.

“Ang posisyon ko kaugnay ng executive privilege, hindi ito pwedeng gamiting bilang isang blanket privilege,” Escudero asserted.

(My position is that executive privilege cannot be used as a blanket privilege.)

He clarified that officials had to attend hearings and could invoke executive privilege only when asked about direct conversations with the President.

Escudero also rejected the request for advance submission of questions, saying it applies only to “question hour” during plenary sessions.

“Hinihiling lang in advance ang mga questions kapag question hour ang involved… Pero hindi question hour ang nangyari sa pagdinig na isinagawa ni Sen. Imee kaya hindi kailangan magsumite ng mga questions beforehand,” he explained.

(Advance questions are only required during a question hour… But the hearing led by Senator Imee was not a question hour, so there was no need to submit questions beforehand.)

Escudero also denied allegations that he had asked Senator Marcos to cancel the hearing.

“Hindi totoo yun… hindi kami nagkausap kaugnay niyan,” he said.

(That is not true… We did not discuss anything about that.)

He pointed out that Malacañang even welcomed the hearing as an opportunity to clarify its position.

As for a follow-up hearing, Escudero said it would be up to Senator Marcos to decide whether to hold another session.

However, he believed the March 20 hearing was sufficient, as both sides were given the chance to explain their positions.

“Tila naging sapat ang unang pagdinig,” he said.

(I think the first hearing was enough.)

The Senate Foreign Relations Committee held a hearing on the arrest of former President Rodrigo Duterte over his alleged crimes against humanity before the International Criminal Court. 

Among those who attended the hearing were Justice Secretary Jesus Crispin Remulla, National Security Adviser Eduardo Año, Defense Secretary Gilberto Teodoro Jr., Interior Secretary Jonvic Remulla, Philippine Air Force commanding general Lt. Gen. Arthur Cordura, and PNP Chief Police General Rommel Marbil. — DVM, GMA Integrated News