FRANCISCO I.

CHAVEZ, petitioner,
vs.
PUBLIC ESTATES AUTHORITY and
AMARI COASTAL BAY DEVELOPMENT
CORPORATION, respondents.
By: Yeadda Marie Panes JD 1-B

 FACTS

The government, through the Commissioner of

Public Highways, signed a contract with the
Construction and Development Corporation of the
Philippines to reclaim certain foreshore and
offshore areas of Manila Bay and the construction
of the Manila-Cavite Coastal Road.
 FACTS

In 1977, President Marcos issued PD No. 1084 creating Public

Estates Authority and transferred to it the "lands reclaimed
in the foreshore and offshore of the Manila Bay" under the
Manila-Cavite Coastal Road and Reclamation Project.

 FACTS

In 1995, PEA entered into a Joint Venture Agreement

with AMARI, a private corporation, to develop the
Freedom Islands through negotiation without public
bidding.

 FACTS

Senate President Ernesto Maceda denounced the JVA as the

"grandmother of all scams” and led to a joint investigation by Senate
Committees which results that: (1) the reclaimed lands are of public
domain which is not classified as alienable lands and PEA cannot
alienate these lands; (2) the certificates of title covering the Freedom
Islands are thus void, and (3) the JVA itself is illegal.
 FACTS

In 1998, there were reports on on-going renegotiations between

PEA and AMARI and petitioner Chavez prays that PEA publicly
disclose the terms of any renegotiation of the JVA invoking the
1987 Constitution on the right of the people to information on
matters of public concern
 ISSUE

Whether or not the constitutional right to

information includes official information on on-
going negotiations before a final agreement?
 RULING
Information on on-going evaluation or review of bids or
proposals being undertaken by the bidding or review committee
is not immediately accessible under the right to information.
While the evaluation or review is still on-going, there are no
"official acts, transactions, or decisions" on the bids or proposals.
However, once the committee makes its official
recommendation, there arises a "definite proposition" on the part
of the government.
 RULING

From this moment, the public's right to information

attaches, and any citizen can access all the non-
proprietary information leading to such definite proposition
provided it is not covered by exceptions like privileged
information, military and diplomatic secrets and similar
matters affecting national security and public order.
 RULING

Certainly, a consummated contract is not a

requirement for the exercise of the right to
information. Otherwise, the people can never exercise
the right if no contract is consummated, and if one is
consummated, it may be too late for the public to
expose its defects.
Thank you