b. A Privilege, Not a Right

Not a Natural Right

The right to appeal is not a natural right nor part of due process but merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. (EstralladoMainar v. People, G.R. No. 184320, 2015)

Judgments and final orders subject to appeal

The right to appeal is not a natural or inherent right; it is not a part of due process but a mere statutory privilege that has to be exercised only in the manner and in accordance with law.

An appeal may be taken only from judgments or final orders that completely dispose of the case.

An interlocutory order is NOT appealable until after a judgment on the merits has been rendered. (Rule 41, Sec. 1)

JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL

The right to appeal is not a natural or inherent right; it is not a part of due process but a mere statutory privilege that has to be exercised only in the manner and in accordance with law.

An appeal may be taken only from judgments or final orders that completely dispose of the case.

An interlocutory order is NOT appealable until after a judgment on the merits has been rendered. (Rule 41, Sec. 1)

Elements of “presidential communications privilege”

• Must relate to a “quintessential and non- delegable presidential power;”
• Must be authored or “solicited and received” by a close advisor of the President or the President himself; and
• Privilege may be overcome by a showing of adequate need such that the information sought “likely contains important evidence” and by the unavailability of the information elsewhere [Neri v. Senate, G.R. No. 180643 (2008)]

Purpose<br>

The privilege is not intended for the protection of public officers but for the protection of the public interest. When no public interest would be prejudiced, this privilege cannot be invoked [Banco Filipino v. Monetary Board, G.R. No. 70054 (1986)).

Presidential Communications Privilege

There is a Recognized Presumptive Presidential Communications Privilege - it was the President herself, through Executive Secretary Ermita, who invoked executive privilege on a specific matter involving an executive agreement between the Philippines and China, which was the subject of the three questions. (Neri v. Senate Committee, G.R. No. 180643, 2008)

Elements of Presidential Communications Privilege

• Must relate to a “quintessential and nondelegable presidential power;”
• Must be authored or “solicited and received” by a close advisor of the President or the President himself; and
• Privilege may be overcome by a showing of adequate need such that the information sought “likely contains important evidence” and by the unavailability of the information elsewhere (Neri v. Senate Committee, G.R. No. 180643, 2008)