Topic: Evidence: Admissibility; Executive privilege Title: Senate v. Ermita G.R. No.

169777; 488 SCRA 1; April 20, 2006 CARPIO-MORALES J. Facts: Section 3 of E.O. 464 (2005) issued by President Gloria Macapagal Arroyo requires all senior officials of executive departments to secure the consent of the President prior to appearing before either house of Congress on the ground of executive privilege. Issue: Is sec 3 of E.O. 464 (2005) constitutional? Ruling: No. Analysis: The claim of privilege under Section 3 of E.O. 464 is thus invalid per se. A formal and proper claim of executive privilege requires a specific designation and description of the documents within its scope as well as precise and certain reasons for preserving their confidentiality. In the case at bar, it is not asserted. It is merely implied, without providing precise and certain reasons for the claim.