Bersamin on Duterte arrest probe: Topics under ‘executive privilege’
Lucas Bersamin —PPA POOL ImeeMarcos—NIÑO JESUSORBETA
MANILA, Philippines — The attendance of Cabinet officials at Thursday’s Senate hearing on the arrest of former President Rodrigo Duterte would likely be unhelpful as the topics fall under “executive privilege,” Executive Secretary Lucas Bersamin said.
Executive privilege is a constitutional doctrine that allows high-ranking officials to withhold sensitive information.
On March 31, Bersamin wrote a letter to Sen. Imee Marcos and Senate President Francis “Chiz” Escudero, informing them that invited officials would no longer attend the upper chamber’s probe into Duterte’s arrest.
READ: Admin officials no-show in next Senate hearing on Duterte arrest
“When we learned about the topics, kasi yung invitation ni Sen. Imee (because Sen. Imee’s invitation) was quite specific about the topics. So we had a look at this invitation, and we determined that there were many probable or likely topics na covered by those matters that could come under yung executive privilege,” he told reporters in an ambush interview in Malacañang on Thursday.
“So it was best to get ahead with a letter to the senator and the Senate president, so that they would be formally informed that in that hearing, our Cabinet secretaries and other executive officers will be not forced to respond to questions concerning these matters. That’s the essence of the letter,” he added.
In the letter, Bersamin reasoned that the officials had already provided sufficient information, so further participation was no longer necessary. He also cited the sub judice rule as a reason for their absence.
Sen. Marcos did not respond favorably, calling it a contradiction to Malacañang’s earlier stance that it would not prevent officials from participating in the hearing.
READ: Imee to Palace: Allow Cabinet execs to talk about Duterte’s arrest
She even appealed to Bersamin through a letter dated April 1, urging him to reconsider and allow the invited Cabinet officials to attend the hearing.
The first Senate hearing on Duterte’s arrest for crimes against humanity allegedly committed during his administration’s drug war was held on March 20.
Duterte was arrested in Manila on March 11 and was flown on the same day to the International Criminal Court’s headquarters in The Hague in the Netherlands, where he is being held pending his trial. He had his pretrial hearing on March 14, while the confirmation of the charges against him is set for Sept. 23.
