 Neri vs. Senate, G.R. No.

180643, March 25, 2008

3 Questions refused to be answered by Sec. Neri

1. Whether or not Pres. Arroyo followed up the NBN Project

2. W/N she directed him to prioritize it
3. W/N she directed him to approve it
The Court is convinced that, indeed, the communications
elicited by the three (3) questions are covered by the
presidential communications privilege. First, the
communications relate to a “quintessential and non-delegable
power” of the President, i.e. the power to enter into an
executive agreement with other countries. Second, the
communications are “received” by a close advisor of the
President. Under the “operational proximity” test, petitioner can
be considered a close advisor, being a member of President
Arroyo’s cabinet. And third, there is no adequate showing of a
compelling need that would justify the limitation of the privilege
and of the unavailability of the information elsewhere by an
appropriate investigating authority.
Presumption can be overcome only by mere showing of public
need by the branch seeking access to conversations. Here, the
record is bereft of any categorical explanation from respondent
Committees to show a compelling or critical need for the
answers to the three (3) questions in the enactment of a law.
Instead, the questions veer more towards the exercise of the
legislative oversight function under Section 22 of Article VI
rather than Section 21 of the same Article.