DETAILS ON THE FOI EXCEPTIONS 1 to 4

1. Information Covered Bv Executive Privilege

a. Presidential conversations, correspondences, and discussions in

closed door cabinet meetings

May only be invoked by the President and close advisors.

Executive privilege refers to the power of the President to withhold

confidential information from the other branches of the Government
and the public. Among these types of information covered by the
privilege are: (i) conversations and correspondence between the
President and the public officials (covered by E.O. 464); (ii) military,
diplomatic, and other national security matters which in the interest of
national security should not be divulged; (iii) information between inter-
government agencies prior to the conclusion of treaties and executive
agreements; (iv) discussion in close-door Cabinet meetings; and (v)
matters affecting national security and public order. These types of
information are closed or withheld from the other branches and the
public because they are crucial for the exercise of executive functions
and to prevent the potential harm resulting from the disclosure of the
same. Thus, the President and the Cabinet Members, for instance, can
invoke executive privilege even in the Congress during legislative
investigations.

The extent of the Privilege is defined by applicable jurisprudence:

 Senate v Ermita GR No 169777, 20 April 2006

Executive privilege, whether asserted against Congress, the

courts, or the public, is recognized only in relation to certain
types of information of a sensitive character. While executive
privilege is a constitutional concept, a claim thereof may be
valid or not depending on the ground invoked to justify it and
the context in which it is made. Noticeably absent is any
recognition that executive officials are exempt from the duty to
disclose information by the mere fact of being executive
officials. Indeed, the extraordinary character of the exemptions
indicates that the presumption inclines heavily against
executive secrecy and in favor of disclosure.