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LEGAL Q & A
We provide answers to legal queries!
Q: What are the elements of presidential communications privilege?

A: The elements are:

1) The protected communication must relate to a “quintessential  and non-delegable presidential power.”

2) The communication must be authored or “solicited and received” by a close advisor of the President or the President himself.  The judicial test is that an advisor must be in “operational proximity” with the President.

3) The presidential communications privilege remains a qualified privilege that may be overcome by a showing of adequate need, such that the information sought “likely contains important evidence” and by the unavailability of the information elsewhere by an appropriate investigating authority. (Neri vs. Senate Committee, et al., G.R. No. 180643, March 25, 2008)

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Case Feature....
 

EN BANC

G.R. No. 180643

ROMULO L. NERI vs. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY.

HELD: WHEREFORE, the petition is hereby GRANTED. The subject Order dated January 30, 2008, citing petitioner Romulo L. Neri in contempt of the Senate Committees and directing his arrest and detention, is hereby nullified...read more 

Plus:

See how the justices voted on the Neri case, as well as the separate concurring and dissenting opinions.

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    R.A. No. 9492

    AN ACT RATIONALIZING THE CELEBRATION OF NATIONAL HOLIDAYS AMENDING FOR THE PURPOSE SECTION 26, CHAPTER 7, BOOK I OF EXECUTIVE ORDER NO. 292, AS AMENDED, OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987

    (from ops.gov.ph)

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    CRIMINAL LAW:DEFENSE OF INSANITY; BURDEN ON DEFENSE; MERE ABNORMALITY DOES NOT PRECLUDE IMPUTABILITY
    The defense of insanity is in the nature of confession and avoidance.  Like the justifying circumstance of self-defense, the burden is on the defense to prove beyond reasonable doubt that accused-appellant was insane immediately before the commission of the crime or at the very moment of its execution. In other words, a defendant in a criminal case who interposes the defense of mental incapacity has the burden of establishing the fact that he was insane at the very moment when the crime committed. There must be complete deprivation of reason in the commission of the act, or that the accused acted without discernment, which must be proven by clear and positive evidence. The mere abnormality of his mental faculties does not preclude imputability. Indeed, a man may act crazy but it does not necessarily and conclusively prove that he is legally so. The non-medical opinion of defense counsel that accused-appellant was bordering on insanity hardly measures up to the foregoing yardsticks.  In the light of the positive testimony of the victim proving accused-appellant’s criminal accountability, this bare and unsubstantiated defense must perforce fail.
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