If the senators insist on summoning top government security officials to a probe into the recent gunbattle in Basilan province, Malacañang will likely request the Senate to conduct its hearing in an executive session.

Executive Secretary Eduardo Ermita raised the possibility that the Defense Secretary Gilbert Teodoro and other security officials may be allowed to appear in a congressional probe if the senators allow an executive session.

Under a closed-door arrangement, the concerned defense and military officials may answer the senators’ queries on the Basilan firefight without endangering national security.

When Teodoro and other officials were earlier restricted from attending the Senate inquiry, Ermita explained that the Palace did not intend to get in the way of the probing senators.

“We are just saying that let’s put everything in its proper context. When you start talking of matters pertaining to military and national security, I suppose it behooves on everyone to be conscious there are things that we cannot make public,” Ermita said in a press briefing last Wednesday.

“But if indeed they insist, maybe we can ask that this be on executive session. This is paramount and I think they understand that but therefore that is a very good move,” he added.

Ermita said the Palace respects the prerogative of the lawmakers to hold inquiries in aid of legislation but it will abide by a Supreme Court ruling on Executive 464 which recognizes the President’s right to withhold information from an official summoned to the hearing.

The High Court decision also permitted the right to invoke executive privilege and request an executive session on matters related to national security and other confidential matters.

Ermita said Malacanang is also amenable to a dialogue with senators to iron out concerns on the appearance of certain executive officials in congressional inquiries.

“We are very happy to hear that there is an effort on the part of the leadership of the Senate to consider really having this dialogue or backchannels,” he said. Ermita said the executive branch has used back channel talks with the leaders of the two houses of Congress to settle any misunderstandings in the past.

In 2005, President Arroyo issued Executive Order 464 prohibiting Cabinet members and subordinates from appearing in congressional inquiries without her clearance.

A year later, the Supreme Court struck down some provisions of the EO but upheld the President’s right to prohibit executive officials from attending any congressional hearings and to request for an executive session especially if the security of the state or the public interest is involved.

Consequently, the President issued Memorandum Circular 108 that required the Senate and House of Representatives and committees to give officials of the executive branch sufficient time to prepare for their appearance before legislative bodies Malacanang should also be given information in writing as to what kind of legislation that will come out of the inquiry, as well as a list of possible questions that will be asked by the legislators.