Executive Order No. 464.

(From Philippine Daily Inquirer)

Byline: Isagani A. Cruz

THE LEGAL advisers who wrote President Macapagal-Arroyos Executive Order No. 464 prohibiting executive officials from appearing before any legislative investigation without her permission should bone up on their Constitutional Law or develop a little more backbone. Unless they were as ignorant as their boss, they should have boldly told her that the measure was unlawful and would provoke much protest, even from her supporters who know a little law.

And it is also impolitic because it is a direct slap on Congress. Unless she misreads her influence upon this co-equal body, especially the Senate, her insolent act is a declaration of war she cannot win. She clearly does not have the moral and more so the legal right to challenge Congress in its own turf. Even the oppositionist legislators are against her.

It seems that she and her legal staff are still relying on the Constitution of 1935, which provided in its Art. VI, Sec. 24, that:

The heads of departments upon their own initiative or upon the request of either House may appear before and be heard by such House on any matter pertaining to their departments unless the public interest shall require otherwise and the President shall so state in writing. (Stress supplied)

This provision was slightly modified when the Constitution of 1973 provided for the regular interrogation of the Prime Minister and his Ministers by the legislators except that when the security of the State so requires and the Prime Minister shall so state in writing, the question hour shall be held in executive session.