Professional Documents
Culture Documents
Part 14. Right To Information
Part 14. Right To Information
Part 14. Right To Information
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The guarantee has been further access to, information of public concern.
enhanced in the New Constitution with This is not to lose sight of the reasonable
the adoption of a policy of full public regulations which may be imposed by said
disclosure, this time "subject to agencies in custody of public records on
reasonable conditions prescribed by law," the manner in which the right to
in Article II, Section 28 thereof, to wit: information may be exercised by the
Subject to reasonable conditions public. In the Subido case, We recognized
prescribed by law, the State adopts and the authority of the Register of Deeds to
implements a policy of full public regulate the manner in which persons
disclosure of all its transactions involving desiring to do so, may inspect, examine or
public interest. copy records relating to registered lands.
In the Tanada case, supra, the However, the regulations which the
constitutional guarantee was bolstered by Register of Deeds may promulgate are
what this Court declared as an imperative confined to: prescribing the manner and
duty of the government officials hours of examination to the end that
concerned to publish all important damage to or loss of, the records may be
legislative acts and resolutions of a public avoided, that undue interference with the
nature as well as all executive orders and duties of the custodian of the books and
proclamations of general applicability. We documents and other employees may be
granted Mandamus in said case, and in prevented, that the right of other persons
the process, We found occasion to entitled to make inspection may be
expound briefly on the nature of said insured.
duty: That duty must be enforced if the Applying the Subido ruling by
Constitutional right of the people to be analogy, We recognized a similar
informed on matters of public concern is authority in a municipal judge, to regulate
to be given substance and reality. The law the manner of inspection by the public of
itself makes a list of what should be criminal docket records in the case of
published in the Official Gazette. Such Baldoza vs. Dimaano. Said administrative
listing, to our mind, leaves respondents case was filed against the respondent
with no discretion whatsoever as to what judge for his alleged refusal to allow
must be included or excluded from such examination of the criminal docket
publication. records in his sala. Upon a finding by the
The absence of discretion on the Investigating Judge that the respondent
part of government agencies in allowing had allowed the complainant to open and
the examination of public records, view the subject records, We absolved the
specifically, the records in the Office of respondent.
the Register of Deeds, is emphasized in In effect, We have also held that
Subido vs. Ozaeta, supra: is unlawful, or the rules and conditions imposed by him
sheer, idle curiosity, we do not believe it upon the manner of examining the public
is the duty under the law of registration records were reasonable. In both the
officers to concern themselves with the Subido and the Baldoza cases, We were
motives, reasons, and objects of the emphatic in Our statement that the
person seeking access to the records. It is authority to regulate the manner of
not their prerogative to see that the examining public records does not carry
information which the records contain is with it the power to prohibit. A
not flaunted before public gaze, or that distinction has to be made between the
scandal is not made of it. If it be wrong to discretion to refuse outright the
publish the contents of the records, it is disclosure of or access to a particular
the legislature and not the officials having information and the authority to regulate
custody thereof which is called upon to the manner in which the access is to be
devise a remedy. afforded. The first is a limitation upon the
It is clear from the foregoing availability of access to the information
pronouncements of this Court that sought, which only the Legislature may
government agencies are without impose.
discretion in refusing disclosure of, or
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The second pertains to the door to any and all information. Under
government agency charged with the the Constitution, access to official
custody of public records. Its authority to records, papers, etc.are "subject to
regulate access is to be exercised solely to limitations as may be provided by law".
the end that damage to, or loss of, public The law may therefore exempt
records may be avoided, undue certain types of information from public
interference with the duties of said scrutiny, such as those affecting national
agencies may be prevented, and more security. It follows that, in every case, the
importantly, that the exercise of the same availability of access to a particular public
constitutional right by other persons shall record must be circumscribed by the
be assured. nature of the information sought, i.e.,
Thus, while the manner of A. being of public concern or one
examining public records may be subject that involves public interest, and,
to reasonable regulation by the B. not being exempted by law from
government agency in custody thereof, the operation of the constitutional
the duty to disclose the information of guarantee. The threshold question
public concern, and to afford access to is, therefore, whether or not the
public records cannot be discretionary on information sought is of public
the part of said agencies. Certainly, its interest or public concern.
performance cannot be made contingent This question is first addressed to
upon the discretion of such agencies. the government agency having custody of
Otherwise, the enjoyment of the the desired information. However, as
constitutional right may be rendered already discussed, this does not give the
nugatory by any whimsical exercise of agency concerned any discretion to grant
agency discretion. The constitutional or deny access. In case of denial of access,
duty, not being discretionary, its the government agency has the burden of
performance may be compelled by a writ showing that the information requested is
of Mandamus in a proper case. not of public concern, or, if it is of public
But what is a proper case for concern, that the same has been
Mandamus to issue? In the case before exempted by law from the operation of
Us, the public right to be enforced and the guarantee. To hold otherwise will
the concomitant duty of the State are serve to dilute the constitutional right. As
unequivocably set forth in the aptly observed, "the government is in an
Constitution. The decisive question on advantageous position to marshall and
the propriety of the issuance of the writ interpret arguments against release" To
of Mandamus in this case is, whether the safeguard the constitutional right, every
information sought by the petitioner is denial of access by the government
within the ambit of the constitutional agency concerned is subject to review by
guarantee. The incorporation in the the courts, and in the proper case, access
Constitution of a guarantee of access to may be compelled by a writ of Mandamus.
information of public concern is a In determining whether or not a
recognition of the essentiality of the free particular information is of public
flow of ideas and information in a concern there is no rigid test which can
democracy. be applied. " Public concern" like "public
In the same way that free interest" is a term that eludes exact
discussion enables members of society to definition . Both terms embrace a broad
cope with the exigencies of their time, spectrum of subjects which the public
access to information of general interest may want to know , either 1 because these
aids the people in democratic directly affect their lives , or simply
decision-making by giving them a better because such matters naturally arouse
perspective of the vital issues confronting the interest of an ordinary citizen. In the
the nation. final analysis, it is for the courts to
But the constitutional guarantee to determine in a case by case basis whether
information on matters of public concern the matter at issue is of interest or
is not absolute. It does not open every
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importance, as it relates to or affects the Petitioner's request is, therefore,
public. neither unusual nor unreasonable. And
The public concern invoked in the when, as in this case, the government
case of Tañada v. Tuvera, supra, was the employees concerned claim to be civil
need for adequate notice to the public of service eligibles, the public, through any
the various laws which are to regulate the citizen, has a right to verify their
actions and conduct of citizens. In Subido professed eligibilities from the Civil
vs. Ozaeta, supra, the public concern Service Commission. The civil service
deemed covered by the statutory right eligibility of a sanitarian being of public
was the knowledge of those real estate concern, and in the absence of express
transactions which some believed to have limitations under the law upon access to
been registered in violation of the the register of civil service eligibles for
Constitution. said position, the duty of the respondent
The information sought by the Commission to confirm or deny the civil
petitioner in this case is the truth of the service eligibility of any person occupying
claim of certain government employees the position becomes imperative.
that they are civil service eligibles for the Mandamus, therefore lies.
positions to which they were appointed.
The Constitution expressly declares as a THE MAIN ISSUE HERE IS THE
State policy that: Appointments in the CHARACTERISTICS OF SECTION 28 OF
civil service shall be made only according ARTICLE 2 AND SECTION 7 OF ARTICLE
to merit and fitness to be determined, as 3, BECAUSE IN BOTH CASES, THE
far as practicable, and except as to RESPONDENT CONTENDS THAT THESE
positions which are policy determining, ARE JUDICIALLY ENFORCEABLE
primarily confidential or highly technical, RIGHTS BECAUSE OF THE PHRASE “AS
by competitive examination. MAY BE PROVIDED BY LAW”. HOW DID
Public office being a public trust, it THE SC RULE?
is the legitimate concern of citizens to ● These provisions are
ensure that government positions self-executing because they supply
requiring civil service eligibility are the rules by which the right to
occupied only by persons who are information may be enjoyed by
eligibles. Public officers are at all times imposing on the part of the
accountable to the people even as to their government the obligation to allow
eligibilities for their respective positions. access to information. These
But then, it is not enough that the constitutional provisions became
information sought is of public interest. operative upon the ratification of
For Mandamus to lie in a given case, the the Constitution.
information must not be among the ● The phrase “as may be provided by
species exempted by law from the law” does not refer to the policy of
operation of the constitutional guarantee. governmental disclosure, it does
In the instant, case while refusing not refer to the right to
to confirm or deny the claims of information, but rather on the
eligibility, the respondent has failed to reasonable restrictions which may
cite any provision in the Civil Service Law be prescribed by the Legislature.
which would limit the petitioner's right to
know who are, and who are not, civil MAY THE ADMINISTRATIVE AGENCIES
service eligibles. We take judicial notice of WHO ARE CUSTODIANS OF
the fact that the names of those who pass INFORMATION IMBUED WITH PUBLIC
the civil service examinations, as in bar INTEREST RESTRICT OR PROHIBIT THE
examinations and licensure examinations DISCLOSURE OF THE INFORMATION?
for various professions, are released to ● Administrative agencies do not
the public. Hence, there is nothing secret have the power to prohibit. It only
about one's civil service eligibility, if has the right or power to regulate
actually possessed. which does not include outright
prohibition
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3 REGULATIONS THAT MAY BE
A citizen, just because he has an
IMPLEMENTED BY ADMINISTRATIVE
interest in the subject matter, cannot
AGENCIES WHICH ARE CUSTODIANS
demand, under the right to information
OF INFORMATION IMBUED WITH
or guarantee of full public disclosure,
PUBLIC INTEREST OR PUBLIC
that he be given information about the
CONCERN
sex life of the president. While it
1. To the extent that any damage to
satisfies curiosity, there is no legitimate
or loss of the documents
public objective for that information.
maintained by them shall be
avoided
2. To the extent that the examination IS THE CIVIL SERVICE ELIGIBILITY OF
of the information shall not HEALTH OFFICERS ONE OF PUBLIC
interfere with the performance of INTEREST OR PUBLIC CONCERN?
their other functions ● Yes. Public office being a public
3. To the extent that persons, who trust, it is the legitimate concern
are equally entitled to the exercise of citizens to ensure that
of the right, may be respected government positions requiring
civil service eligibility are occupied
IN LEGASPI v. CSC THE SAID THAT only by persons who are eligible.
BEFORE THE RIGHT TO INFORMATION
BECOMES DEMANDABLE, BEFORE THE HOW ABOUT THE MANUAL FOR
POLICY TO FULL PUBLIC DISCLOSURE EXECUTION FOR THOSE WHO SUFFER
BECOMES OPERATIVE THERE ARE 2 DEATH PENALTY?
QUESTIONS THAT MUST BE ● Yes. In the case of Echagaray v.
ANSWERED BY THE COURTS Secretary of Justice, it is a matter
1. Whether the information, of public concern, particularly
transaction is one of public those who were made to suffer the
concern or public interest penalty of death, it will directly
2. Whether there is a law prohibiting affect their lives.
its disclosure
ECHAGARAY V. SECRETARY OF
WHEN IS AN INFORMATION ONE OF JUSTICE
PUBLIC INTEREST OR PUBLIC
CONCERN? FACTS: On June 25, 1996, this Court
● Both terms embrace a wide affirmed the conviction of petitioner Leo
spectrum of subject matters which Echegaray y Pilo for the crime of rape of
the public may want to know the 10 year-old daughter of his
either because it affects their lives common-law spouse and the imposition
directly or because it arouses the upon him of the death penalty for the said
interest of an ordinary citizen. The crime. Petitioner duly filed a Motion for
excitement on such interest must Reconsideration raising mainly factual
have some legitimate public issues, and on its heels, a Supplemental
purpose, not only for mere Motion for Reconsideration raising for the
curiosity. first time the issue of the constitutionality
of Republic Act No. 7659 (the death
penalty law) and the imposition of the
ATTY GAB: An individual can demand death penalty or the crime of rape.
the right to information and invoke the On February 7, 1998, this Court
guarantee of full public disclosure in denied petitioner's Motion for
order to compel the president to Reconsideration and Supplemental
disclose the status of his health even Motion for Reconsideration with a finding
without Article 7 of the Constitution. that Congress duly complied with the
Under the guarantee of full public requirements for the reimposition of the
disclosure, the people have a right to death penalty and therefore the death
know whether he is terminally ill or not. penalty law is not unconstitutional.
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In the meantime, Congress had seen it fit No. 8177 suffer serious flaws that could
to change the mode of execution of the not be overlooked. To begin with,
death penalty from electrocution to lethal something basic appears missing in
injection, and passed Republic Act No. Section 19 of the implementing rules
8177, AN ACT DESIGNATING DEATH BY which provides: "SEC. 19. EXECUTION
LETHAL INJECTION AS THE METHOD OF PROCEDURE. - Details of the procedure
CARRYING OUT CAPITAL PUNISHMENT, prior to, during and after administering
AMENDING FOR THE PURPOSE ARTICLE the lethal injection shall be set forth in a
81 OF THE REVISED PENAL CODE, AS manual to be prepared by the Director.
AMENDED BY SECTION 24 OF REPUBLIC The manual shall contain details of,
ACT NO. 7659. Pursuant to the provisions among others, the sequence of events
of said law, the Secretary of Justice before and after execution; procedures in
promulgated the Rules and Regulations to setting up the intravenous line; the
Implement Republic Act No. 8177 administration of the lethal drugs; the
("implementing rules") and directed the pronouncement of death; and the removal
Director of the Bureau of Corrections to of the intravenous system. Said manual
prepare the Lethal Injection Manual. shall be confidential and its distribution
On March 2, 1998, petitioner filed a shall be limited to authorized prison
Petition for Prohibition, Injunction personnel."
and/or Temporary Restraining Order to Thus, the Courts finds in the first
enjoin respondents Secretary of Justice paragraph of Section 19 of the
and Director of the Bureau of Prisons implementing rules a veritable vacuum.
from carrying out the execution by lethal The Secretary of Justice has practically
injection of petitioner under R.A. No. 8177 abdicated the power to promulgate the
and its implementing rules as these are manual on the execution procedure to the
unconstitutional and void for being, Director of the Bureau of Corrections, by
among others: an undue delegation of not providing for a mode of review and
legislative power by Congress, an approval thereof. Being a mere
unlawful exercise by respondent constituent unit of the Department of
Secretary of the power to legislate, and an Justice, the Bureau of Corrections could
unlawful delegation of delegated powers not promulgate a manual that would not
by the Secretary of Justice to respondent bear the imprimatur of the administrative
Director. superior, the Secretary of Justice as the
rule-making authority under R.A. No. 8177
HELD: A careful reading of R.A. No. 8177 . Such apparent abdication of
would show that there is no undue departmental responsibility renders the
delegation of legislative power from the said paragraph invalid.
Secretary of Justice to the Director of the As to the second paragraph of
Bureau of Corrections for the simple section 19, the Court finds the
reason that under the Administrative requirement of confidentiality of the
Code of 1987, the Bureau of Corrections is contents of the manual even with respect
a mere constituent unit of the to the convict unduly suppressive. It sees
Department of Justice. Further, the no legal impediment for the convict,
Department of Justice is tasked, among should he so desire, to obtain a copy of
others, to take charge of the the manual. The contents of the manual
"administration of the correctional are matters of public concern "which the
system." Hence, the import of the public may want to know, either because
phraseology of the law is that the these directly affect their lives, or simply
Secretary of Justice should supervise the because such matters naturally arouse
Director of the Bureau of Corrections in the interest of an ordinary citizen."[62]
promulgating the Lethal Injection Manual, Section 7 of Article III of the 1987
in consultation with the Department of Constitution provides: "SEC. 7. The right
Health. of the people to information on matters of
However, the Rules and public concern shall be recognized.
Regulations to Implement Republic Act Access to official records, and to
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documents and papers pertaining to PUBLIC INTEREST OR CONCERN
official acts, transaction, or decisions, as SUBJECT TO DISCLOSURE IF THERE IS
well as to government research data used NO LAW PROHIBITING THE
as a basis for policy development, shall be DISCLOSURE?
afforded the citizen, subject to such ● No. There are certain types of
limitation as may be provided by law." information which by their very
The incorporation in the nature not subject to disclosure
Constitution of a guarantee of access to even if there is no law prohibiting
information of public concern is a their disclosure because it is
recognition of the essentiality of the free confidential in character.
flow of ideas and information in a
democracy. In the same way that free
CHAVEZ v. PCGG
discussion enables members of society to
cope with the exigencies of their time, FACTS: Petitioner Francisco I. Chavez, as
access to information of general interest "taxpayer, citizen and former government
aids the people in democratic official who initiated the prosecution of
decision-making by giving them a better the Marcoses and their cronies who
perspective of the vital issues confronting committed unmitigated plunder of the
the nation. public treasury and the systematic
subjugation of the country's economy,"
HOW ABOUT THE COMPONENT UNITS alleges that what impelled him to bring
OF POLITICAL SUBDIVISIONS, LIKE this action were several news reports 2
THE BANGSAMORO JURIDICAL bannered in a number of broadsheets
ENTITY? sometime in September 1997. These news
● Yes. It affects the sovereignty and items referred to (1) the alleged discovery
territorial integrity of the State, of billions of dollars of Marcos assets
which directly affects the lives of deposited in various coded accounts in
the public at large. Swiss banks; and (2) the reported
execution of a compromise, between the
HOW ABOUT THE CONCESSIONS MADE government (through PCGG) and the
BY THE GOVERNMENT AND THE Marcos heirs, on how to split or share
ACCUSED IN PLEA-BARGAINING these assets.
AGREEMENT OF CRIMINAL CASES? Petitioner, invoking his
● No. In the case of Chavez v. PCGG, constitutional right to information 3 and
the SC held that although the correlative duty of the state to
information may also pertain to disclose publicly all its transactions
propositions, such propositions involving the national interest, 4 demands
must pertain to definite that respondents make public any and all
propositions of the government, negotiations and agreements pertaining
not necessarily to intra-agency or to PCGG's task of recovering the
inter-agency recommendations or Marcoses' ill-gotten wealth. He claims
communications during the stage that any compromise on the alleged
when common assertions are still billions of ill-gotten wealth involves an
in the process of being formulated issue of "paramount public interest," since
or are in the “exploratory” stage. it has a "debilitating effect on the
country's economy" that would be greatly
SUPPOSING THERE IS NO LAW prejudicial to the national interest of the
PROHIBITING THE DISCLOSURE OF Filipino people. Hence, the people in
THE INFORMATION AND THE general have a right to know the
INFORMATION IS ONE OF PUBLIC transactions or deals being contrived and
CONCERN OR INTEREST, IS IT NOW effected by the government.
MANDATORY ON THE PART OF THE Respondents, on the other hand,
GOVERNMENT TO DISCLOSE THE do not deny forging a compromise
INFORMATION? STATE DIFFERENTLY, agreement with the Marcos heirs. They
ARE ALL INFORMATION IMBUED WITH claim, though, that petitioner's action is
premature, because there is no showing
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that he has asked the PCGG to disclose 1. National security matters and
the negotiations and the Agreements. And other intelligence information
even if he has, PCGG may not yet be 2. Trade secrets and banking
compelled to make any disclosure, since transactions
the proposed terms and conditions of the 3. Criminal matters, and
Agreements have not become effective 4. Other confidential information.
and binding. Limitations to the Right:
1. National Security Matters and
HELD: In seeking the public disclosure of other intelligence information
negotiations and agreements pertaining At the very least, this jurisdiction
to a compromise settlement with the recognizes the common law holding that
Marcoses as regards their alleged there is a governmental privilege against
ill-gotten wealth, petitioner invokes the public disclosure with respect to state
following provisions of the Constitution: secrets regarding military, diplomatic and
Sec. 7 [Article III]. The right of the people other national security matters. But
to information on matters of public where there is no need to protect such
concern shall be recognized. Access to state secrets, the privilege may not be
official records, and to documents, and invoked to withhold documents and other
papers pertaining to official acts, information, provided that they are
transactions, or decisions, as well as to examined "in strict confidence" and given
government research data used as basis "scrupulous protection."
for policy development, shall be afforded Likewise, information on
the citizen, subject to such limitations as inter-government exchanges prior to the
may be provided by law. Sec. 28 [Article conclusion of treaties and executive
II]. Subject to reasonable conditions agreements may be subject to reasonable
prescribed by law, the State adopts and safeguards for the sake of national
implements a policy of full public interest.
disclosure of all its transactions involving 2. Trade Secrets and Banking
public interest. Transactions
Respondents' opposite view is that The drafters of the Constitution
the above constitutional provisions refer also unequivocally affirmed that, aside
to completed and operative official acts, from national security matters and
not to those still being considered. As intelligence information, trade or
regards the assailed Agreements entered industrial secrets (pursuant to the
into by the PCGG with the Marcoses, Intellectual Property Code and other
there is yet no right of action that has related laws) as well as banking
accrued, because said Agreements have transactions (pursuant to the Secrecy of
not been approved by the President, and Bank Deposits Act 28) are also exempted
the Marcos heirs have failed to fulfill their from compulsory disclosure.
express undertaking therein. 3. Criminal Matters
Thus, the Agreements have not Also excluded are classified law
become effective. Respondents add that enforcement matters, such as those
they are not aware of any ongoing relating to the apprehension, the
negotiation for another compromise with prosecution and the detention of
the Marcoses regarding their alleged criminals, which courts may nor inquire
ill-gotten assets. into prior to such arrest, detention and
The "information" and the prosecution. Efforts at effective law
"transactions" referred to in the subject enforcement would be seriously
provisions of the Constitution have as yet jeopardized by free public access to, for
no defined scope and extent. There are no example, police information regarding
specific laws prescribing the exact rescue operations, the whereabouts of
limitations within which the right may be fugitives, or leads on covert criminal
exercised or the correlative state duty activities.
may be obliged. However, the following 4. Other Confidential Information
are some of the recognized restrictions:
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The Ethical Standards Act further information sought in Valmonte as
prohibits public officials and employees matters of public interest and concern.
from using or divulging "confidential or In Aquino-Sarmiento v. Morato,
classified information officially known to the Court also held that official acts of
them by reason of their office and not public officers done in pursuit of their
made available to the public." Other official functions are public in character;
acknowledged limitations to information hence, the records pertaining to such
access include diplomatic official acts and decisions are within the
correspondence, closed door Cabinet ambit of the constitutional right of access
meetings and executive sessions of either to public records. Under Republic Act No.
house of Congress, as well as the internal 6713, public officials and employees are
deliberations of the Supreme Court. mandated to "provide information on
In Valmonte v. Belmonte Jr., the their policies and procedures in clear and
Court emphasized that the information understandable language, and ensure
sought must be "matters of public openness of information, public
concern," access to which may be limited consultations and hearings whenever
by law. Similarly, the state policy of full appropriate," except when "otherwise
public disclosure extends only to provided by law or when required by the
"transactions involving public interest" public interest." In particular, the law
and may also be "subject to reasonable mandates free public access, at
conditions prescribed by law." As to the reasonable hours, to the annual
meanings of the terms "PUBLIC performance reports of offices and
INTEREST" and "PUBLIC CONCERN," the agencies of government and government
Court, in Legaspi v. Civil Service owned or controlled corporations; and
Commission, elucidated: In determining the statements of assets, liabilities and
whether or not a particular information is financial disclosures of all public officials
of public concern there is no rigid test and employees.
which can be applied. "Public concern" In general, writings coming into
like "public interest" is a term that eludes the hands of public officers in connection
exact definition. Both terms embrace a with their official functions must be
broad spectrum of subjects which the accessible to the public, consistent with
public may want to know, either because the policy of transparency of
these directly affect their lives, or simply governmental affairs. This principle is
because such matters naturally arouse aimed at affording the people an
the interest of an ordinary citizen. In the opportunity to determine whether those
final analysis, it is for the courts to to whom they have entrusted the affairs
determine on a case by case basis of the government are honesty, faithfully
whether the matter at issue is of interest and competently performing their
or importance, as it relates to or affects functions as public servants. Undeniably,
the public. the essence of democracy lies in the free
Considered a public concern in the flow of thought; but thoughts and ideas
above-mentioned case was the must be well-informed so that the public
"legitimate concern of citizens to ensure would gain a better perspective of vital
that government positions requiring civil issues confronting them and, thus, be able
service eligibility are occupied only by to criticize as well as participate in the
persons who are eligibles." So was the affairs of the government in a responsible,
need to give the general public adequate reasonable and effective manner.
notification of various laws that regulate Certainly, it is by ensuring an
and affect the actions and conduct of unfettered and uninhibited exchange of
citizens, as held in Tañada. Likewise did ideas among a well-informed public that a
the "public nature of the loanable funds of government remains responsive to the
the GSIS and the public office held by the changes desired by the people.
alleged borrowers (members of the Executive Order No. 1,
defunct Batasang Pambansa)" qualify the promulgated on February 28, 1986, only
two (2) days after the Marcoses fled the
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country, created the PCGG which was claims of certain persons as may be
primarily tasked to assist the President in adjudged by competent courts. Another
the recovery of vast government declared overriding consideration for the
resources allegedly amassed by former expeditious recovery of ill-gotten wealth
President Marcos, his immediate family, is that it may be used for national
relatives and close associates both here economic recovery. We believe the
and abroad. foregoing disquisition settles the question
Under Executive Order No. 2, of whether petitioner has a right to
issued twelve (12) days later, all persons respondents' disclosure of any agreement
and entities who had knowledge or that may be arrived at concerning the
possession of ill-gotten assets and Marcoses' purported ill-gotten wealth.
properties were warned and, under pain Considering the intent of the
of penalties prescribed by law, prohibited Constitution, we believe that it is
from concealing, transferring or incumbent upon the PCGG and its
dissipating them or from otherwise officers, as well as other government
frustrating or obstructing the recovery representatives, to disclose sufficient
efforts of the government. public information on any proposed
On May 7, 1986, another directive settlement they have decided to take up
(EO No. 14) was issued giving additional with the ostensible owners and holders of
powers to the PCGG which, taking into ill-gotten wealth. Such information,
account the overriding considerations of though, must pertain to definite
national interest and national survival, propositions of the government, not
required it to achieve expeditiously and necessarily to intra-agency or
effectively its vital task of recovering inter-agency recommendations or
ill-gotten wealth. communications during the stage when
With such pronouncements of our common assertions are still in the process
government, whose authority emanates of being formulated or are in the
from the people, there is no doubt that "exploratory" stage.
the recovery of the Marcoses' alleged There is a need, of course, to
ill-gotten wealth is a matter of public observe the same restrictions on
concern and imbued with public interest. disclosure of information in general, as
We may also add that " ILL-GOTTEN discussed earlier — such as on matters
WEALTH," by its very nature, assumes a involving national security, diplomatic or
public character. Based on the foreign relations, intelligence and other
aforementioned Executive Orders, classified information.
"ill-gotten wealth" refers to assets and
properties purportedly acquired, directly 4 TYPES OF INFORMATION WHICH
or indirectly, by former President Marcos, CANNOT BE PUBLICLY DISCLOSED
his immediate family, relatives and close EVEN IF THERE IS NO LAW
associates through or as a result of their PROHIBITING THEIR DISCLOSURE
improper or illegal use of government 1. National security matters and
funds or properties; or their having taken other intelligence information
undue advantage of their public office; or ● Even without any law
their use of powers, influences or prohibiting the disclosure
relationships, "resulting in their unjust of this matte, common law
enrichment and causing grave damage recognizes the proprietary
and prejudice to the Filipino people and nature of this information
the Republic of the Philippines." Clearly, ● Military secrets,
the assets and properties referred to correspondence with
supposedly originated from the diplomatic representatives
government itself. To all intents and are included
purposes, therefore, they belong to the 2. Trade secrets and banking
people. As such, upon reconveyance they transactions
will be returned to the public treasury, ● Even without the
subject only to the satisfaction of positive Intellectual Property Code
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and the Bank Secrecy Law, IN CHAVEZ v. PCGG THE TERM
these transactions are not “TRANSACTION” APPEARS UNDER
for public consumption SECTION 7 AND SIMILARLY UNDER
because they are private in SECTION 28 OF ARTICLE 2. DOES IT
nature REFER TO CONSUMMATED
3. Criminal matters, and TRANSACTIONS?
● Refers to law enforcement ● The SC in this case, citing the
activities and not criminal deliberations on the 1987
cases. Constitution, held that the word
● Information regarding “transaction” was used in its
apprehension, detention general sense, and may refer not
and prosecution shall be only to those acts which have
privileged and confidential already been consummated but
only until actual arrest, also to those that are still leading
actual detention, or actual to the consummation of the
prosecution, so as not to transaction.
interfere with legitimate ● According to the SC, there is no
law enforcement activities. need to wait for the
● Confidential nature of this consummation of the transaction
information is limited only before the citizen can exercise his
for a particular period right to information.
● An individual cannot go to
PDEA and ask who are its WHY DID THE SC SAY THAT THERE IS
targets for the month of NO NEED TO WAIT FOR THE
November. The information CONSUMMATION?
is considered confidential ● Requiring a consummated contract
but once the operation has will keep the public in the dark
been conducted an until the contract, which may
individual in the exercise of grossly advantageous to the
his right to information can government or even illegal,
demand disclosure. becomes a fait accompli. This
4. Other confidential information negates the State policy of full
a. Executive sessions of both transparency on matters of public
Houses of Congress; concern, a situation which the
b. Internal deliberations of framers of the Constitution could
Members of the Court; not have intended. Otherwise, the
c. Closed-door cabinet people can never exercise the right
meetings of the President; if no contract is consummated,
d. Inter-governmental and if one is consummated, it may
communications prior to be too late for the public to expose
the consummation of a its defects.
treaty; and
e. Confidential information WE HAVE LEARNED THAT SOME OF
obtained by public officers THE CONSTITUTIONAL GUARANTEES
in the performance of their UNDER THE BILL OF RIGHTS ALSO
duties. EXTEND TO NON-FILIPINO CITIZENS.
HOW ABOUT SECTION 7?
● No
The right to information and the
guarantee to full public disclosure
BASIS IN SAYING THAT?
extends to GOCCs with original charter
● The Constitution mandates that
regardless whether they are performing
this right “shall be afforded the
governmental or proprietary functions.
citizen”.
(Valmonte v. Belmonte, Jr.)
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and the MILF from 2002 to 2003.
PROVINCE OF COTABATO v. GRP
Meanwhile, then MILF Chairman Salamat
PEACE PANEL ON ANCESTRAL
Hashim passed away on July 13, 2003 and
DOMAIN
he was replaced by Al Haj Murad, who was
FACTS: When President Gloria then the chief peace negotiator of the
Macapagal-Arroyo assumed office, the MILF. Murad’s position as chief peace
military offensive against the MILF was negotiator was taken over by Mohagher
suspended and the government sought a Iqbal.
resumption of the peace talks. The MILF, In 2005, several exploratory talks
according to a leading MILF member, were held between the parties in Kuala
initially responded with deep reservation, Lumpur, eventually leading to the crafting
but when President Arroyo asked the of the draft MOA-AD in its final form,
Government of Malaysia through Prime which, as mentioned, was set to be signed
Minister Mahathir Mohammad to help last August 5, 2008. Before the Court is
convince the MILF to return to the what is perhaps the most contentious
negotiating table, the MILF convened its “consensus” ever embodied in an
Central Committee to seriously discuss instrument – the MOA-AD which is
the matter and, eventually, decided to assailed principally by the present
meet with the GRP. petitions bearing docket numbers 183591,
The parties met in Kuala Lumpur 183752, 183893, 183951 and 183962.
on March 24, 2001, with the talks being Commonly impleaded as respondents are
facilitated by the Malaysian government, the GRP Peace Panel on Ancestral Domain
the parties signing on the same date the and the Presidential Adviser on the Peace
Agreement on the General Framework for Process (PAPP) Hermogenes Esperon, Jr.
the Resumption of Peace Talks Between On July 23, 2008, the Province of North
the GRP and the MILF. The MILF Cotabato[and Vice-Governor Emmanuel
thereafter suspended all its military Piñol filed a petition, docketed as G.R. No.
actions. 183591, for Mandamus and Prohibition
Formal peace talks between the with Prayer for the Issuance of Writ of
parties were held in Tripoli, Libya from Preliminary Injunction and Temporary
June 20-22, 2001, the outcome of which Restraining Order. Invoking the right to
was the GRP-MILF Tripoli Agreement on information on matters of public concern,
Peace (Tripoli Agreement 2001) petitioners seek to compel respondents
containing the basic principles and to disclose and furnish them the complete
agenda on the following aspects of the and official copies of the MOA-AD
negotiation: Security Aspect, including its attachments, and to prohibit
Rehabilitation Aspect, and Ancestral the slated signing of the MOA-AD,
Domain Aspect. With regard to the pending the disclosure of the contents of
Ancestral Domain Aspect, the parties in the MOA-AD and the holding of a public
Tripoli Agreement 2001 simply agreed consultation thereon.
“that the same be discussed further by Supplementarily, petitioners pray
the Parties in their next meeting.” that the MOA-AD be declared
A second round of peace talks was unconstitutional. This initial petition was
held in Cyberjaya, Malaysia on August 5-7, followed by several other petitions by
2001 which ended with the signing of the other parties. The Court ordered the
Implementing Guidelines on the Security consolidation of the petitions.
Aspect of the Tripoli Agreement 2001
leading to a ceasefire status between the HELD: The right of the people to
parties. This was followed by the information on matters of public concern
Implementing Guidelines on the shall be recognized. Access to official
Humanitarian Rehabilitation and records, and to documents, and papers
Development Aspects of the Tripoli pertaining to official acts, transactions, or
Agreement 2001, which was signed on decisions, as well as to government
May 7, 2002 at Putrajaya, Malaysia. research data used as basis for policy
Nonetheless, there were many incidence development, shall be afforded the
of violence between government forces
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citizen, subject to such limitations as may In fact, respondents admit that the
be provided by law. MOA-AD is indeed of public concern. In
As early as 1948, in Subido v. previous cases, the Court found that the
Ozaeta, the Court has recognized the regularity of real estate transactions
statutory right to examine and inspect entered in the Register of Deeds, the need
public records, a right which was for adequate notice to the public of the
eventually accorded constitutional status. various laws, the civil service eligibility of
The right of access to public documents, a public employee, the proper
as enshrined in both the 1973 Constitution management of GSIS funds allegedly used
and the 1987 Constitution, has been to grant loans to public officials, the
recognized as a self-executory recovery of the Marcoses’ alleged
constitutional right. ill-gotten wealth, and the identity of
In the 1976 case of Baldoza v. Hon. party-list nominees, among others, are
Judge Dimaano,the Court ruled that matters of public concern.
access to public records is predicated on Undoubtedly, the MOA-AD subject
the right of the people to acquire of the present cases is of public concern,
information on matters of public concern involving as it does the sovereignty and
since, undoubtedly, in a democracy, the territorial integrity of the State, which
pubic has a legitimate interest in matters directly affects the lives of the public at
of social and political significance. The large. Matters of public concern covered
incorporation of this right in the by the right to information include steps
Constitution is a recognition of the and negotiations leading to the
fundamental role of free exchange of consummation of the contract. In not
information in a democracy. There can be distinguishing as to the executory nature
no realistic perception by the public of or commercial character of agreements,
the nation’s problems, nor a meaningful the Court has categorically ruled that the
democratic decision-making if they are right to information “contemplates
denied access to information of general inclusion of negotiations leading to the
interest. Information is needed to enable consummation of the transaction.”
the members of society to cope with the Certainly, a consummated contract
exigencies of the times. As has been aptly is not a requirement for the exercise of
observed: “Maintaining the flow of such the right to information. Otherwise,
information depends on protection for people can never exercise the right if no
both its acquisition and its dissemination contract is consummated, and if one is
since, if either process is interrupted, the consummated, it may be too late for the
flow inevitably ceases.” public to expose its defects.
In the same way that free Requiring a consummated contract
discussion enables members of society to will keep the public in the dark until the
cope with the exigencies of their time, contract, which may be grossly
access to information of general interest disadvantageous to the government or
aids the people in democratic even illegal, becomes fait accompli. This
decision-making by giving them a better negates the State policy of full
perspective of the vital issues confronting transparency on matters of public
the nation, so that they may be able to concern, a situation which the framers of
criticize and participate in the affairs of the Constitution could not have intended.
the government in a responsible, Such a requirement will prevent the
reasonable and effective manner. It is by citizenry from participating in the public
ensuring an unfettered and uninhibited discussion of any proposed contract,
exchange of ideas among a well-informed effectively truncating a basic right
public that a government remains enshrined in the Bill of Rights.
responsive to the changes desired by the We can allow neither an
people. emasculation of a constitutional right, nor
That the subject of the information a retreat by the State of its avowed “policy
sought in the present cases is a matter of of full disclosure of all its transactions
public concern faces no serious challenge. involving public interest.” Intended as a
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“splendid symmetry” to the right to Undeniably, its funds assume a public
information under the Bill of Rights is the character. It is the legitimate concern of
policy of public disclosure under Section the public to ensure that these funds are
28, Article II of the Constitution. The managed properly with the end in view of
policy of full public disclosure enunciated maximizing the benefits to insured
in above-quoted Section 28 complements government employees.
the right of access to information on The public nature of the loanable
matters of public concern found in the funds of the GSIS and the public office
Bill of Rights. The right to information held by the alleged borrowers make the
guarantees the right of the people to information sought clearly a matter of
demand information, while Section 28 public interest and concern. Furthermore,
recognizes the duty of officialdom to give the "constituent-ministrant" dichotomy
information even if nobody demands. characterizing government function has
The policy of public disclosure long been repudiated. That the GSIS, in
establishes a concrete ethical principle granting the loans, was exercising a
for the conduct of public affairs in a proprietary function would not justify the
genuinely open democracy, with the exclusion of the transactions from the
people’s right to know as the centerpiece. coverage and scope of the right to
It is a mandate of the State to be information.
accountable by following such policy. Respondent next asserts that the
These provisions are vital to the exercise documents evidencing the loan
of freedom of expression and essential to transactions of the GSIS are private in
hold public officials at all times nature and hence, are not covered by the
accountable to the people. Whether Constitutional right to information on
Section 28 is self-executory, the records matters of public concern which
of the deliberations of the Constitutional guarantees "access to official records, and
Commission so disclose. to documents, and papers pertaining to
official acts, transactions, or decisions"
only. It is argued that the records of the
VALMONTE v. BELMONTE JR
GSIS, a government corporation
FACTS: Petitioner Valmonte wrote a letter performing proprietary functions, are
to respondent Belmonte, General outside the coverage of the people's right
Manager of GSIS, requesting the latter to of access to official records. It is further
furnish him the list of the names of the contended that since the loan function of
Batasang Pambansa members belonging the GSIS is merely incidental to its
to the UNIDO and PDP-Laban who were insurance function, then its loan
able to secure clean loans immediately transactions are not covered by the
before the February 7 election thru the constitutional policy of full public
intercession/marginal note of the then disclosure and the right to information
First Lady Imelda Marcos. which is applicable only to "official"
The Deputy General counsel of the transactions.
GSIS wrote back the petitioner turning First of all, the "constituent
down his request on the ground that ministrant" dichotomy characterizing
there exists a confidential relationship government function has long been
between the GSIS and all those who repudiated. In ACCFA v. Confederation of
borrow from it, which confidence it is the Unions and Government Corporations
GSIS is duty bound to preserve. and Offices, the Court said that the
government, whether carrying out its
HELD: The people’s right to information is sovereign attributes or running some
limited to matters of public concern and business, discharges the same function of
is further subject to such limitations as service to the people. Consequently, that
may be provided by law. The GSIS is a the GSIS, in granting the loans, was
trustee of contributions from the exercising a proprietary function would
government and its employees and not justify the exclusion of the
administration of various insurance
programs for the benefit of the latter.
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transactions from the coverage and scope functions is also considered as
of the right to information. public interest or concern
Moreover, the intent of the particularly so that the funds of
members of the Constitutional the GSIS are coming from
Commission of 1986, to include contributions of government
government-owned and controlled officials
corporations and transactions entered
into by them within the coverage of the THE 2ND QUESTION IS WHETHER THE
State policy of full public disclosure is DEMAND OF THE PETITIONER TO BE
manifest from the records of the GIVEN A LIST OF NAMES OF PERSONS
proceedings Considering the intent of the WHO ARE ABLE TO SECURE LOANS IS A
framers of the Constitution which, VALID DEMAND UNDER THE RIGHT TO
though not binding upon the Court, are INFORMATION?
nevertheless persuasive and considering ● No. While mandamus may lie to
further that government-owned and ask for information, the right to
controlled corporations, whether information does not include the
performing proprietary or governmental right to demand copies of the
functions are accountable to the people, documents or to demand
the Court is convinced that transactions summaries thereof.
entered into by the GSIS, a ● The right to information under
government-controlled corporation Section 7 only involves the right to
created by special legislation are within be given access, not the additional
the ambit of the people's right to be duty to make lists, summaries, or
informed pursuant to the constitutional abstracts.
policy of transparency in government
dealings. THE PETITIONERS HERE ARE MEDIA
In fine, petitioners are entitled to PRACTITIONERS, AND THE SC SAID
access to the documents evidencing loans THE RIGHT TO INFORMATION IS A
granted by the GSIS, subject to reasonable NECESSARY PREMISE TO THE RIGHT
regulations that the latter may TO PRESS. WHY? WHAT IS THE
promulgate relating to the manner and CONSEQUENCE IF THE PEOPLE,
hours of examination, to the end that PARTICULARLY OF THE PRESS, ARE
damage to or loss of the records may be DENIED THE INNER WORKINGS OF THE
avoided, that undue interference with the GOVERNMENT?
duties of the custodian of the records ● The power to control the flow of
may be prevented and that the right of information results to the power
other persons entitled to inspect the to control public opinion. The
records may be insured government cannot, in the
However, although citizens are exercise of its regulatory power,
afforded the right to information and, withhold information without
pursuant thereto, are entitled to "access violating the cognate rights under
to official records," the Constitution does Section 4.
not accord them a right to compel
custodians of official records to prepare
IN RE: PRODUCTION OF COURT
lists, abstracts, summaries and the like in
RECORDS AND DOCUMENTS AND
their desire to acquire information on
THE ATTENDANCE OF COURT
matters of public concern.
OFFICIALS AND EMPLOYEES AS
WITNESSES UNDER THE SUBPOENAS
IN VALMONTE v. BELMONTE JR, THE
OF FEBRUARY 10, 2012 AND THE
1ST ISSUE: IS THE INFORMATION OF
VARIOUS LETTERS FOR THE
GSIS REGARDING LOAN
IMPEACHMENT PROSECUTION
TRANSACTIONS COVERED BY THE
PANEL DATED JANUARY 19 AND 25,
RIGHT TO INFORMATION?
2012
● Yes. Information of this GOCC
even if performing proprietary FACTS: During the impeachment
proceedings against Chief Justice Corona,
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the list of proposed witnesses included which are part of or are related to the
Justices of the Supreme Court, and Court deliberative process. The deliberative
officials and employees who will testify on process privilege protects from disclosure
matters, many of which are, internal to documents reflecting advisory opinions,
the Court. Letters were sent to the SC
recommendations and deliberations that
asking for the examination of records, and
are component parts of the process for
the issuance of certified true copies of the
rollos and the Agenda and Minutes of the formulating governmental decisions and
Deliberations of various cases decided by policies. Obviously, the privilege may also
the SC for purposes of the Impeachment be claimed by other court officials and
Complaint. employees when asked to act on these
Subpoena Ad Testificandum et documents and other communications.
Duces Tecum and Subpoena Ad To qualify for protection under the
Testificandum were also issued against deliberative process privilege, the agency
Clerks of Court of the SC.
must show that the document is both
1. Predecisional (or they were made
HELD: The right to information, by its
very nature and by the Constitution’s own in the attempt to reach a final
terms, is not absolute. Section 11, Rule 136 conclusion) and
of the Rules of Court grants access to 2. Deliberative (or disclosure of the
court records to any person, subject to information would discourage
payment of fees and compliance with candid discussion within the
rules; it is not necessary that the request agency). These privileges,
be made by a party to the case. This is incidentally, belong to the
limited by the need to preserve and
Judiciary and are for the Supreme
protect the integrity of main adjudicative
Court (as the representative and
function of the Court and the Judiciary.
Based on the INTERNAL RULES OF THE entity speaking for the Judiciary),
SUPREME COURT ( IRSC ) which is and not for the individual justice,
applicable to judges and justices and judge, or court official or
court officials and employees: employees to waive.
Thus, every proposed waiver must
be referred to the Supreme Court for its
consideration and approval. Additionally,
two other grounds may be cited for
denying access to court records, as well
as preventing members of the bench,
from being subjected to compulsory
process:
1. the disqualification by reason of
privileged communication and
2. the pendency of an action or
matter.
Under existing laws, neither the
Impeachment Court nor the Senate has
the power to grant immunity from
criminal prosecution for revealing
confidential information. In Senate of the
Philippines v. Exec. Sec. Ermita: “ Unlike
No. 3 above as a privilege can also
the Presidency, judicial power is vested in
be raised by other branches of
a collegial body; hence, each member
government and is understood to extend
thereof is exempt (from compulsory
to documents and other communications
process of other departments) on the
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basis not only of separation of powers but actions of the Court in the exercise of
also on the fiscal autonomy and the their Adjudicatory functions and duties,
constitutional independence of the while testimony on matters external to
judiciary. their adjudicatory functions and duties
To state the rule differently, may be compelled by compulsory
Justices of the Court cannot be compelled processes.
to testify on matters relating to the To summarize these rules, the
internal deliberations and actions of the following are privileged documents or
Court , in the exercise of their communications, and are not subject to
adjudicatory functions and duties. This is disclosure:
to be differentiated from a situation 1. Court actions such as the result of
where the testimony is on a matter which the raffle of cases and the actions
is external to their adjudicatory functions taken by the Court on each case
and duties (e.g. a justice may testify as to included in the agenda of the
the bribery as ground for the Court’s session on acts done
impeachment case of another justice material to pending cases, except
since bribery is not part of adjudicatory where a party litigant requests
function). Witnesses need not be information on the result of the
summoned to testify on matters of public raffle of the case, pursuant to Rule
record (required by law to keep or which 7, Section 3 of the IRSC;
it is compelled to keep in the discharge of 2. Court deliberations or the
duties imposed by law). deliberations of the Members in
Based on Section 44, Rule 130: court sessions on cases and
Entries in public or official books or matters pending before the Court;
records may be proved by the production 3. Court records which are
of the books or records themselves or by “predecisional” and “deliberative”
a copy certified by the legal keeper in nature, in particular, documents
thereof. These records, however, may be and other communications which
presented and marked in evidence only are part of or related to the
where they are not excluded by reasons deliberative process, i.e., notes,
of privilege and the other reasons drafts, research papers, internal
discussed above. The reasons for this rule discussions, internal memoranda,
are necessity (difficulty in requiring records of internal deliberations,
attendance as it will hamper government and similar papers.
operations) and trustworthiness 4. Confidential Information secured
(presumption of regularity of by justices, judges, court officials
performance of official duty). and employees in the course of
In sum, Philippine law (such as their official functions, mentioned
Article 229 of the Revised Penal Code, in (2) and (3) above, are privileged
Section 3 (k) of Republic Act No. 3019, or even after their term of office.
the Anti-Graft and Corrupt Practices Act), 5. Records of cases that are still
rules and jurisprudence prohibit the pending for decision are privileged
disclosure of confidential or privileged materials that cannot be disclosed,
information under well-defined rules. At except only for pleadings, orders
the most basic level and subject to the and resolutions that have been
principle of comity/inter-departmental made available by the court to the
courtesy , Members of the Court, and general public.
Court officials and employees may not be
compelled to testify on matters that are
part of the internal deliberations and
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WHAT ARE PRIVILEGED DOCUMENTS in (2) and (3) above, are privileged
OR COMMUNICATIONS, AND ARE NOT even after their term of office.
SUBJECT TO DISCLOSURE? ● This is in line with RA 6713
1. Court actions such as the result of or the Code of Conduct and
the raffle of cases and the actions Ethical Standards for Public
taken by the Court on each case Officials and Employees
included in the agenda of the ● Members of the Judiciary
Court’s session on acts done who violate this rule may be
material to pending cases, except subjected to penal or
where a party litigant requests administrative sanction
information on the result of the 5. Records of cases that are still
raffle of the case, pursuant to Rule pending for decision are
7, Section 3 of the IRSC; privileged materials that cannot be
2. Court deliberations or the disclosed, except only for
deliberations of the Members in pleadings, orders and resolutions
court sessions on cases and that have been made available by
matters pending before the Court; the court to the general public.
3. Court records which are ● Under the rule on sub judice
“predecisional” and “deliberative” - records of pending cases
in nature, in particular, documents cannot be publicly
and other communications which disclosed until they are
are part of or related to the publicly issued
deliberative process, i.e., notes, ● A decision or resolution is
drafts, research papers, internal publicly or officially issued
discussions, internal memoranda, when the final copy of the
records of internal deliberations, decision or resolution is
and similar papers. placed inside the envelope
● It must be pre-decisional addressed to the parties
(when they were made in and transmitted to the
the attempt to reach a final Records Section Division.
conclusion); 6. The principle of comity or
● It must be deliberative (part inter-departmental courtesy
of the give-and-take of the demands that the highest officials
consultative process). of each department be exempt
● The ultimate test in from the compulsory processes of
determining whether a the other departments.
communication is ● Only internal proceedings
deliberative under the ● When it comes to the
deliberative process Executive, the only person
privilege is when the covered is the President
disclosure of the and by extension, it may
information would also be extended to the
discourage candid Executive Secretary
discussion among the ● When it comes to the SC,
decision-makers not only the Chief Justice is
4. Confidential Information secured covered by this doctrine,
by justices, judges, court officials but all the 15 Justices of the
and employees in the course of SC
their official functions, mentioned ● In the case of Congress, all
its Members are covered
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because it is a collegial
institution and the right of
one member of Congress is
the same as that of the
Senate President or the
Speaker
7. These privileges belong to the
Supreme Court as an institution,
not to any justice or judge in his or
her individual capacity. Since the
Court is higher than the individual
justices or judges, no sitting or
retired justice or judge, not even
the Chief Justice, may claim
exception without the consent of
the Court.
● None of the Associate
Justices, even the Chief
Justice himself or herself
may waive the
confidentiality of these
transactions or documents.
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