RIGHT TO INFORMATION

Province of Cotabato vs. The Gov’t. of the RP Peace Panel on Ancestral Domain
G.R. No. 183591 October 14, 2008
Tinga, J.:

FACTS:

On August 5, 2008, the Government of the Republic of the Philippines and the Moro
Islamic Liberation Front (MILF) were scheduled to sign a Memorandum of Agreement of the
Ancestral Domain Aspect of the GRP -MILF Tripoli Agreement on Peace of 2001 in Kuala Lumpur,
Malaysia. Invoking the right to information on matters of public concern, the petitioners seek
to compel respondents to disclose and furnish them the complete and official copies of the MA-
AD and to prohibit the slated signing of the MOA-AD and the holding of public consultation
thereon. They also pray that the MOA-AD be declared unconstitutional. The Court issued a TRO
enjoining the GRP from signing the same.

ISSUES:
1.) Whether or not the constitutionality and the legality of the MOA is ripe for adjudication
2.) Whether or not there is a violation of the people's right to information on matters of public
concern (Art 3 Sec. 7) under a state policy of full disclosure of all its transactions involving public
interest (Art 2, Sec 28) including public consultation under RA 7160 (Local Government Code of
1991)

RULINGS:
1.) Yes, the petitions are ripe for adjudication.
The failure of the respondents to consult the local government units or communities affected
constitutes a departure by respondents from their mandate under EO No. 3. Moreover, the
respondents exceeded their authority by the mere act of guaranteeing amendments to the
Constitution. Any alleged violation of the Constitution by any branch of government is a proper
matter for judicial review. As the petitions involve constitutional issues which are of paramount
public interest or of transcendental importance, the Court grants the petitioners, petitioners-in-
intervention and intervening respondents the requisite locus standi in keeping with the liberal
stance adopted in David v. Macapagal-Arroyo. In Pimentel, Jr. v. Aguirre, this Court held:
x x x [B]y the mere enactment of the questioned law or the approval of the challenged action, the
dispute is said to have ripened into a judicial controversy even without any other overt act.
Indeed, even a singular violation of the Constitution and/or the law is enough to awaken
judicial duty. By the same token, when an act of the President, who in our constitutional
scheme is a coequal of Congress, is seriously alleged to have infringed the Constitution and
the laws settling the dispute becomes the duty and the responsibility of the courts.
That the law or act in question is not yet effective does not negate ripeness.
2.) Yes. The Court finds that there is a grave violation of the Constitution involved in the
matters of public concern (Sec 7 Art III) under a state policy of full disclosure of all its
transactions involving public interest (Art 2, Sec 28) including public consultation under
RA 7160 (Local Government Code of 1991).
(Sec 7 Art III, 1987 Philippine Constitution) The right to information guarantees the right of the
people to demand information, while Sec 28 recognizes the duty of officialdom to give
information even if nobody demands. The complete and effective exercise of the right to
information necessitates that its complementary provision on public disclosure derive the
same self-executory nature, subject only to reasonable safeguards or limitations may be
provided by law. The contents of the MOA-AD is a matter of paramount public concern
involving public interest in the highest order. In declaring that the right to information
contemplates steps and negotiations leading to the consummation of the contract,
jurisprudence finds no distinction as to the executory nature or commercial character of
the agreement. E.O. No. 3 itself is replete with mechanics for continuing consultations on both
national and local levels and for a principal forum for consensus-building. In fact, it is the duty
of the Presidential Adviser on the Peace Process to conduct regular dialogues to seek
relevant information, comments, advice, and recommendations from peace partners and
concerned sectors of society.