Neri Vs. Senate - Doctrines Laid Down

Doctrines Laid Down

1.) Compulsory process in legislative proceedings can only be exercised by Congress in inquiries in aid of legislation under Sec. 21 Art. VI, and not in the exercise of its oversight function under Sec. 22 Art. VI.

2.) Executive privilege cannot be used to conceal a crime or a possible wrongdoing. Thus, the specific need for evidence in a pending criminal trial outweighs the President’s generalized interest in confidentiality. However, there is a difference between a criminal investigation and a legislative inquiry, and the presumption in favor of confidentiality precedes the right to demand information if the information is elicited in legislative inquiries and not in criminal investigations.

3.) The right of Congress or any of its Committees to obtain information in aid of legislation cannot be equated with the people’s right to public information. The demand of a citizen for the production of documents pursuant to his right to information does not have the same obligatory force as a subpoena duces tecum issued by Congress. In the exercise of its power, Congress cannot invoke a right properly belonging to the people in general. This is because when they discharge their power, they do so as public officials and members of Congress.