NERI V.

SENATE COMMITTEE
FACTS:
 The DOTC entered into a contract with ZTE for the supply of equipment and services for
the NBN project.
 Resolutions were passed by senators calling for a legislative inquiry asking Romulo
Neri (a member of the executive department, NEDA) to attend a hearing in aid of
legislation. He agreed to appear and was put on the hot seat for 11 hours and answered
everything that the committee asked except 3 questions which Neri believed were
privileged.
 Ermita sent a letter to the senate stating that the questions were privileged and that if
discussed, might impair our diplomatic, as well as economic relations with the PRC.
 However, Neri was still asked to testify and when he failed to do so, due to lack of
advanced questions sent, an order to cite him in contempt ordering his arrest was
issued by the Senate.

ISSUE
Whether or not the claim of executive privilege was valid.

RATIO
 Yes, it is valid. Citing the case of Senate V. Ermita, the letter dated Nov. 15, 2007 signed
by Ermita provided a claim to executive privilege (which was not present in the previous
case). He provided the reason that it would impair the diplomatic and economic
relations with China. The reasons, cited by Ermita, fall under the 3 traditional privileges
as stated in the doctrine in Senate V. Ermita.
 If there is a valid claim of executive privilege, legislative inquiry cannot intervene.