MANILA (UPDATED) — The Senate Committee on Foreign Relations opened Thursday its second inquiry into the arrest of former President Rodrigo Duterte with empty chairs as officials of executive branch skipped the hearing and invoked "executive privilege."

Senate President Francis Escudero confirmed receiving a letter from Executive Secretary Lucas Bersamin explaining their decision to skip the probe.

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"We firmly reiterate that executive privilege applies in these proceedings... Executive privilege, which is rooted in the separation of powers between co-equal branches of government, is a fundamental aspect of the President's powers, designed to protect the confidentiality of sensitive information," the letter noted.

Escudero in a press conference explained that executive privilege could be used to skip hearings. 

"Ang huling gusto kong mangyari sa gitna at sa kabila ng napakarami na kaguluhan sa ating bansa ay dagdagan pa ito sa pamamagitan ng isang constitutional crisis kaugnay ng subpoena," he said.

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Escudero said he received the latest letter after he signed the subpoenas issued by committee chair Sen. Imee Marcos for the some Air Force officials.

He referred the subpoenas to the Senate Legal Department for study.

"So imbes na sa OSAA namin pinadala o pinadala ng secretary general, pinadala ‘yong aking subpoena sa legal ng Senado para pag-aralan ‘yong epekto nung pag-invoke ng executive privilege kaugnay sa mga subpoena na napirmahan ko," he said.

Escudero said skipping the hearings was a wasted opportunity for officials to explain.

"Palaging sayang na pagkakataon ‘yon," he said.

DELA ROSA CLAIMS 'CONSTITUTIONAL CRISIS' NEAR

During the hearing, Sen. Ronald "Bato" Dela Rosa — a close Duterte ally running for re-election under PDP-Laban — claimed that the country is on the verge of a constitutional crisis because the Cabinet officials cited executive privilege.

Palace Press Officer Claire Castro however noted that Dela Rosa simply missed his chance to question Cabinet officials when he skipped the Senate committee’s first hearing, which the administration officials attended.

“So wag niyang sisisihin kung ngayon po ay hindi nag-attend yung mga officials natin sa pangalawang hearing. Anim na oras po ang naging hearing noong una, sana dumating siya, nagpakita sya para nakapagtanong siya ng maayos.”

(So, he should not blame the officials for not attending the second hearing. They were there for six hours during the first hearing. He could have attended that and asked his questions)

Castro also denied Dela Rosa’s claim of a constitutional crisis, noting that the Supreme Court had repeatedly ruled that the President and other officials can invoke executive privilege in witholding information during congressional hearings.

“Dapat malaman din po ni Senator Bato na ang patungkol po sa executive privilege ay matagal nang inayunan ng Supreme Court, marami na pong kaso na nadesisyunan ang Supreme Court, nandyan ang Senate versus Ermita, Neri versus Senate Committee, kung saan po ang executive privilege ay patunay lamang po according to the Supreme Court decisions na ito ay maaaring iinvoke ng ating Pangulo at ng ating mga high-ranking officials. Especially kung ito ay patungkol sa deliberative process privilege, presidential communications privilege, or state secrets privilege. So sana mabasa nya po ang mga kasong ito para sya maliwanagan,” Castro said.

The official also said that it is up to the senator to request the Senate to subpoena administration officials, but said that Dela Rosa should guarantee that he will attend the hearings.

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