May Cabinet members be compelled to attend Senate hearings?

The conflict between the Dutertes and the Marcoses has led to a major rift between President BBM and elder sister Senator Imee Marcos. BBM has supported the ICC and Interpol in the arrest and detention of former president Rodrigo Duterte. Imee takes the opposing position of the Dutertes that the arrest was illegal.

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The Senate investigation being conducted by Imee has given her the platform to berate, scold, and embarrass Cabinet members who helped in the implementation of her own brother’s instruction. Perhaps this is a bona fide exercise of her power over executive officials. But it can also be interpreted as a vain attempt to save her senatorial bid, since she is now doing very well in the polls.

Thus, she reacts negatively to the executive secretary’s letter that Cabinet members will no longer be attending any other meeting for the inquiry. The Palace is invoking the doctrine of executive privilege.

The Bar examiner in Political law in the upcoming Bar Examinations is most likely to ask the aspiring lawyers this question: May Cabinet members be compelled to attend Senate investigations in aid of legislation under pain of being declared in contempt? Explain the Doctrine of Executive Privilege in relation to the principles of separation of powers and of check and balance? It’s important we examine the law and the controlling jurisprudence.