Constitutional Law II

SEC. 7: THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF PUBLIC CONCERN SHALL BE RECOGNIZED. ACCESS TO OFFICIAL RECORDS, AND TO DOCUMENTS AND PAPERS PERTAINING TO OFFICIAL ACTS, TRANSACTIONS, OR DECISIONS, AS WELL AS TO GOVERNENT RESEARCH DATAUSED SHALL BE AFFORDED THE CITIZEN, SUBJECT TO SUCH LIMITATION AS MAY BE PROVIDED BY LAW Twin sections: 1. ART. III SCE 7 (RIGHT TO INFORMATION) 2. ART. II SEC. 28 (TRANSPARENCY RULE) I. Right to Information A. Legazpi v. CSC - Sec. 7: right to information is self-executing. There is no need for any ancillary act of the Legislature. - mandamus: instituted by an aggrieved party by the alleged in action in any tribunal, corporation, board or person who unlawfully excludes such party from enjoyment of legal right. When a mandamus proceeding involves assertion of public right, the requirement of personal interest is satisfied by the mere fact that the petitioner is a citizen and therefore part of the general public which possesses the right. - public: all inclusive, embraces every person. - right-duty relationship: for every right of people recognized as fundamental, there lies a corresponding duty on the part of those who govern, to respect and protect the right. (this is the essence of the Bill of Rights) - Government agencies are without discretion in refusing disclosure of or access to information of public concern. While the manner of examining public records may be subject to public regulation by government agency in custody of the information, the duty to disclose the information of public concern and to afford access to public record cannot be discretionary on the par of said government agency. - discretion to refuse outright the disclosure of or access to information: limitation upon the availability of access to information sought which only the Legislature may impose - authority to regulate the manner which the access is to be afforded: pertains to the government agency charges with the custody of public records B. Valmonte v. Belmonte Jr. - An informed citizenry with access to the diverse currents in the political, moral, artistic thought and data relative to them, and the free exchange of ideas and discussion of issues thereon, is vital to the democratic government envisioned under the constitution - the right to information goes hand-in-hand with the constitutional policies of full public disclosure and honesty in public service. - limitation: 1. matters of public concern 2. as provided by law - when the information requested from the government intrudes in the privacy of the citizen, a potential conflict

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between rights to information and right to privacy may arise. - full disclosure of all transaction: transactions of State (various agencies, departments, ministries and instrumentalities of government) including government owned and controlled corporations - transactions: can cover steps leading to a contract and an already consummated contract - essential in a writ of mandamus that applicant has a clear, well-defined and certain legal right to the thing demanded and it is the imperative duty of the defendant to perform act required. NOTE: right to access not extended to: 1. trade secrets 2. confidential commercial and financial information 3. matters of national security C. Aquino-Sarmiento v. Morato - doctrine of exhaustion of administrative remedies: provides that before a party litigant is allowed resort to the courts, he is required to comply with all administrative remedies available under the law. however, this is not absolute. The exceptions are: 1. when no administrative review is provided by law 2. when the only question involved is one of law 3. where the party invoking the doctrine is guilty of estoppel 4. where the challenged administrative action is patently illegal, arbitrary and oppressive 5. where there is unreasonable delay or complaint 6. where to exhaust administrative review is impractical and unreasonable 7. where the rule of qualified political agency applies - what maybe provided for by the Legislature are reasonable conditions and limitations upon the access to be afforded, which must of necessity be consistent to declared State policy of full public disclosure of all transactions involving public interest. - right to privacy belongs to the individual acting in his private capacity and not governmental agency or officers tasked with, and acting in, the discharge of their public duties - a chairman of a governmental agency has no authority to overrule by himself a decision rendered by a committee D. Gonzales v. Narvasa - personal interest is satisfied by being a mere citizen of the country and therefore part of the general public - information which the public is entitled to are those concerning public concern which either the public needs to know because they are directly affected by it or because such matters naturally arose interest of ordinary citizens. E. Chavez v. Real Estate Authority - in cases of on-going negotiations the right of information is limited to definite prepositions of the government. This right does not include intra-agency or inter-agency

Constitutional Law II
recommendations or communications during the stage when common assertions are still in the process of being formulated or are in the exploratory stage. - information on on-going evaluation or review of bids or proposals being undertaken by the bidding r review committee is not immediately accessible under the right to information because there are no official acts, transactions or decisions yet. However if theres a definite preposition on the part of the government, information can be accessed. - a consummated contract is not a requirement for the exercise of the right of information - 3 categories of information which are matters of public concern: 1. official records any document that is part of the public records in custody of government officials or agencies 2. documents and papers pertaining to official acts, transactions and decisions documents and paper recordings, evidencing, establishing, confirming, supporting justifying, or explaining official acts, transactions or decisions of government agencies or officials 3. government research data used in formulation policies research data, whether raw or collated or processed, owned by the government and used in formulation government policies - right of information does not extend to 1. privileged information under separation of powers 2. military and diplomatic secrets 3. information affecting national security 4. information on investigation on crimes by law enforcement agencies before the prosecution of the accused 5. other limitations imposed by constitution F. Hilado v. Judge Reyes - judicial record or court record: official collection of all papers, exhibits and pleadings filed by the parties, all the processes issued and returns made thereon, appearances and word-for-word testimony which took place during the trial and which are in possession, custody and control of the judiciary or courts for purpose of rendering decisions. - it is upto the court to determine in a case-to-case basis whether the matter at issue is of public concern. It is on the discretion of the court. - the right of the public to be informed of the proceeding of court is not founded in the desire or necessity of the people to know the about the doings of others, but in the necessity of knowing whether its servant, the judge, is properly performing his duty - court decisions and opinions are of public concern or interest = FREE ACCESS - court pleadings and documents filed by parties to a case are not public concern or interest = COURTS DISCRETION - publics right to access court pleadings may be restricted but only on showing good cause based on the balance of rights of parties based on the particular facts of each case. a. consideration for access to court records: 1. 2. 3.

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actual use or purpose for which the request of access is based obvious prejudice on each parties legitimate purpose

G. BA-RA v. COMELEC - the right of information is a public right where the real parties in interest are the public or the citizen - the Court always assumes at the first instance the presumptive validity and regularity of official acts of government officials and offices - it is a legitimate demand to know the nominees of the party-list for the election NOTE: EXCEPTIONS: 1. national security matters state secrets regarding military, diplomatic and other national security, and information on the inter-government exchanges prior to the conclusion of treaties and executive agreements 2. trade secrets and banking transactions i.e. Intellectual Property Code 3. criminal matters relating to the apprehension or prosecution and the detention of criminals 4. other confidential matters i.e. ethical standards act H. Guingona v. COMELEC - mandamus: instituted by an aggrieved party by the alleged in action in any tribunal, corporation, board or person who unlawfully excludes such party from enjoyment of legal right. When a mandamus proceeding involves assertion of public right, the requirement of personal interest is satisfied by the mere fact that the petitioner is a citizen and therefore part of the general public which possesses the right. - the constitution mandates COMELEC to enforce and administer election laws which includes the disclosure of the complete details of the information relating to the preparations for the upcoming elections