Question A.6, Political Law, 2019 Bar Exam

A committee of the Senate invited Mr. X and Mr. Y, the Secretary of Foreign Affairs and Secretary of Energy, respectively, as resource speakers for an inquiry in aid legislation. Mr. X refused to attend, arguing that the Senate, not its committee, has the power to compel attendance. Meanwhile, Mr. Y attended the committee hearing but upon being asked about discussions made during a closed-door cabinet meeting, he refused to answer invoking executive privilege. The committee members insisted that Mr. Y answer the question pursuant to the right of Congress to information from the executive branch.

(a) Based on his argument, is Mr. X’s non-appearance permissible? Explain. (2.5%)

(b) Is Mr. Y’s refusal to answer based on executive privilege valid? Explain. (2.5%)

Suggested Answer:

No. Answer

Under jurisprudence, once an inquiry is admitted or established to be within the jurisdiction of a legislative body to make, the investigating committee has the power to compel attendance and require a witness to answer any question pertinent to that inquiry. Rule

In the case at bar, it appears that the Senate investigating committee was duly constituted pursuant to an inquiry in...