Memorandum Order No. 112




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Order No. 112, September 29, 1987 ] ADOPTING GUIDELINES ON APPEARANCES OF CABINET MEMBERS BEFORE CONGRESS WHEREAS, Article VI, Section 22, of the Constitution provides: “Section 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.” WHEREAS, Rule XIII, Sections 52 to 55 of the Rules of the House of Representatives states: ” Section 52. Appearance Upon Initiative of Department Head. — When a Department Head desires to appear before the House on any matter pertaining to his Department, he may, with the consent of the President of the Philippines, notify the House through the Speaker who, with the concurrence of the House, may set the date and hour for the appearance of the Department.” ” Section 53. Appearance Upon Request of House. — A Department Head may be requested to appear before the House and be heard by it on any matter pertaining to his Department. The request shall state specifically the questions to be answered and the date and hour for his appearance, which shall be set by the Speaker. He shall be given at least three days from receipt of the request before his scheduled appearance.” ” Section 54. Day of Appearance. — The appearance of Department Heads shall be scheduled on any Thursday of the week at four o’clock in the afternoon after the reading of the Order of Business. For this purpose, the House shall constitute itself into a Committee of the whole. The Department Head may answer the questions directed to him either orally or in writing. Interpellations of Members shall not be limited to the written questions but may cover matters related thereto. The questions and answers shall be recorded in the Journal.” ” Section 55. Appearance in Executive Session. — The appearance of a Department Head shall be conducted in an executive session when the security of the State or the public interest requires.” WHEREAS, Chapter XLVI, Section 104 of the Rules of the Senate reads: ” Section 104. Any Department Head or Cabinet member may be summoned by the Senate for information on any matter under his administrative responsibility or pertaining to his Department. The resolution approved by the Senate shall state specifically and clearly the questions to be answered and the date and hour when the member of the Cabinet or Department Head shall appear and give the information desired. Within three days from receipt of said resolution the Department Head or Cabinet member shall appear and answer the questions therein unless the Senate requires him to comply therewith within a shorter period. However, an executive session shall be held if the President of the Republic informs the Senate in writing that the security of the Senate or the public interest requires that the information sought in the resolution should not be divulged in public. When a member of the Cabinet desires to be heard by the Senate on any matter pertaining to his Department which is pending consideration in the Senate, a request to that effect shall be sent to the President of the Senate.” IN VIEW THEREOF, the following Guidelines on Appearances of Cabinet Members before Congress are hereby adopted: A. For Appearances at the Initiative of the Executive 1. The head of department shall file a request for the President’s consent at least five days before the intended appearance. The President’s consent is required for all such appearances. 2. The request shall state the purpose of the appearance, the forum thereof, and the matters expected to be covered by the appearance of the department head. 3. If the President states in writing that the security of the State or the public interest requires it, the appearance shall be conducted in executive session. 4. A report on the hearing shall be submitted to the President by the department head concerned within three days following the hearing. B. For Appearances at the Request of the Senate or the House of Representatives. 1. After receiving from the Senate President or the Speaker the request together with the proposed written questions, at least five days or, in urgent cases, three days before the scheduled hearing, a date to be mutually agreed upon, the department head concerned shall immediately endorse the same, together with his recommendation, to the President. 2. The President’s consent is required for all such appearances. If such consent is refused or not obtained, the department head shall forthwith so inform the Senate President or the Speaker. 3. If the President states in writing that the security of the State or the public interest requires it, the appearance shall be conducted in executive session.1aшphi1 4. A report on the hearing shall be submitted to the President by the department head concerned within three days following the hearing. This Memorandum Order shall take effect immediately. By authority of the President: (Sgd.) JOKER P. ARROYO Executive Secretary September 29, 1987 The Lawphil Project - Arellano Law Foundation