Philippine decisions on this matter cite the landmark case U.S. v. Nixon, 418 U.S. 683 (1974), where the U.S. Supreme Court rejected U.S. President Richard Nixon’s claim of absolute executive privilege of immunity from judicial review over high-level government communications.  The U.S. SC held that, against the role of the judicial branch to administer justice in criminal cases, the confidentiality of high-level government communications cannot be protected by executive privilege “absent a claim of need to protect military, diplomatic, or sensitive national security secrets”.  Thus, Nixon’s broad claim of “public interest” in the confidentiality of his communications was deemed insufficient basis to protect them as privileged and so he was compelled to surrender his audiotaped conversations and documents which were subpoenaed in connection with criminal cases (including conspiracy to defraud the
U.S. and obstruction of justice) filed against some members of his administration.  Days later, fearing certain impeachment, Nixon resigned.   …

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