MALACAÑANG
ManilaEXECUTIVE ORDER NO. 464
ENSURING OBSERVANCE OF THE PRINCIPLE OF SEPARATION OF POWERS, ADHERENCE TO THE RULE ON EXECUTIVE PRIVILEGE AND RESPECT FOR THE RIGHTS OF PUBLIC OFFICIALS APPEARING IN LEGISLATIVE INQUIRIES IN AID OF LEGISLATION UNDER THE CONSTITUTION, AND FOR OTHER PURPOSES
WHEREAS, the Constitution guarantees the separate of powers of the Executive, Legislative and Judicial branches of the government:
WHEREAS, Article VI, Section 22 of the Constitution provides that heads of departments may, with the prior consent of the President, appear before and be heard by either House of Congress on any matter pertaining to their departments and, when the security of the State or the public interest so requires and the President so states in writing, such appearance shall be conducted in executive session;
WHEREAS, pursuant to the rule of executive privilege, the President and those who assist her must be free to explore alternatives in the process of shaping policies and making decisions since this is fundamental to the operation of the government and is rooted in...
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Executive Orders
Ensuring Observance of the Principle of Separation of Powers, Adherence to the Rule on Executive Privilege and Respect For the Rights of Public Officials Appearing in Legislative Inquiries in Aid of Legislation Under the Constitution, and for Other Purposes
Executive Order No. 464
Summary of Executive Order No. 464
Ensuring Observance of Separation of Powers, Executive Privilege and Rights in Legislative Inquiries
- Appearance by Heads of Departments Before Congress (Section 1):
• Heads of executive departments must secure the President's consent before appearing before Congress.
• If the President states in writing that security of the State or public interest requires it, the appearance shall be conducted in executive session.
- Nature, Scope and Coverage of Executive Privilege (Section 2):
• Executive privilege covers confidential or classified information between the President and covered public officials. (Section 2a)
• Covered information includes: (Section 2a)
• • Conversations and correspondence between the President and covered officials.
• • Military, diplomatic and national security matters that should not be divulged.
• • Information between agencies prior to concluding treaties and executive agreements.
• • Discussions in close-door Cabinet meetings.
• • Matters affecting national security and public order.
• Covered public officials include: (Section 2b)
• • Senior officials of executive departments covered by department heads.
• • High-ranking military officers covered by the Chief of Staff.
• • High-ranking police officers covered by the Chief of PNP.
• • Senior national security officials covered by the National Security Adviser.
• • Other officers determined by the President.
- Appearance of Other Public Officials Before Congress (Section 3):
• All public officials covered in Section 2(b) must secure the President's consent before appearing before Congress to ensure separation of powers, executive privilege, and respect for rights.
- Repealing and Separability Clauses (Sections 4-5)
• Inconsistent issuances are repealed or modified.
• If any part is unconstitutional, other parts remain in effect.
Ensuring Observance of Separation of Powers, Executive Privilege and Rights in Legislative Inquiries
- Appearance by Heads of Departments Before Congress (Section 1):
• Heads of executive departments must secure the President's consent before appearing before Congress.
• If the President states in writing that security of the State or public interest requires it, the appearance shall be conducted in executive session.
- Nature, Scope and Coverage of Executive Privilege (Section 2):
• Executive privilege covers confidential or classified information between the President and covered public officials. (Section 2a)
• Covered information includes: (Section 2a)
• • Conversations and correspondence between the President and covered officials.
• • Military, diplomatic and national security matters that should not be divulged.
• • Information between agencies prior to concluding treaties and executive agreements.
• • Discussions in close-door Cabinet meetings.
• • Matters affecting national security and public order.
• Covered public officials include: (Section 2b)
• • Senior officials of executive departments covered by department heads.
• • High-ranking military officers covered by the Chief of Staff.
• • High-ranking police officers covered by the Chief of PNP.
• • Senior national security officials covered by the National Security Adviser.
• • Other officers determined by the President.
- Appearance of Other Public Officials Before Congress (Section 3):
• All public officials covered in Section 2(b) must secure the President's consent before appearing before Congress to ensure separation of powers, executive privilege, and respect for rights.
- Repealing and Separability Clauses (Sections 4-5)
• Inconsistent issuances are repealed or modified.
• If any part is unconstitutional, other parts remain in effect.