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Right To Information Reviewer

The right to information grants citizens access to official records, documents, and papers pertaining to government acts and decisions, as well as research data used for policymaking. This right is subject to reasonable restrictions to protect records and minimize disruption. It does not extend to matters of national security, ongoing criminal investigations, trade secrets, or other privileged information. While government agencies can regulate access, they cannot prohibit disclosure of public interest information unless specifically authorized by law.

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Shannin Mae
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118 views2 pages

Right To Information Reviewer

The right to information grants citizens access to official records, documents, and papers pertaining to government acts and decisions, as well as research data used for policymaking. This right is subject to reasonable restrictions to protect records and minimize disruption. It does not extend to matters of national security, ongoing criminal investigations, trade secrets, or other privileged information. While government agencies can regulate access, they cannot prohibit disclosure of public interest information unless specifically authorized by law.

Uploaded by

Shannin Mae
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Right to Information - MAD

RIGHT TO INFORMATION Note:


Sec. 7, Art. III: “The right of the people to information on matters of public The right only affords access to records, documents and papers, which means
concern shall be recognized. Access to official records, and to documents the opportunity to inspect and copy them at his expense. The exercise is also
and papers pertaining to official acts, transactions, or decisions, as well as subject to reasonable regulations to protect the integrity of public records and
to government research data used as basis for policy development shall be to minimize disruption of government operations.
afforded the citizen, subject to such limitations as may be provided by
law.” What are the limitations and exceptions to the right to information and
access to public records?
GR: The access must be for a lawful purpose and is subject to reasonable
What is the scope of the right? conditions by the custodian of the records.
This covers information on matters of public concern. It pertains to access to
official records, documents and papers pertaining to official acts, transactions or XPNS: The right does not extend to the following:
decisions, as well as to government research data used as basis for policy 1. Information affecting national security, military and diplomatic
development. secrets. It also includes inter‐government exchanges prior to
 Government Research Data refers to government funded research and consultation of treaties and executive agreement as may reasonably
not privately funded research. protect the national interest
2. Criminal matters relating to investigation, apprehension, and
The SC has held in Chavez v. PEA and AMARI (G.R. No. 133250, July 9, 2002) that detention of criminals which the court may not inquire into prior to
the right to information contemplates inclusion of negotiations leading to the arrest, prosecution and detention
consummation of the transaction. 3. Trade and industrial secrets and other banking transactions as
 If negotiations are not included, the people can never exercise the right protected by the Intellectual Property Code and the Secrecy of Bank
if no contract is consummated, or if one is consummated, it may be too Deposits Act
late for the public to expose its defects. 4. Other confidential information falling under the scope of the Ethical
 In Chavez v. PCGG, it is incumbent upon the PCGG, and its officers, as Safety Act concerning classified information. Other limitations include
well as other government representatives, to disclose sufficient public diplomatic correspondence, closed door cabinet meetings, executive
information on any proposed settlement they have decided to take up sessions in Congess, and internal deliberations of the SC
with the ostensible owners and holders of ill‐gotten wealth. Such (Chavez v. PCGG)
information must pertain to definite propositions of the government.
 However, in AKBAYAN v. Aquino, There is a distinction between the “Must be provided by law” not mere provided by policy
text of the treaty and the offers and negotiations. They may compel In Valmonte v. Belmonte, Belmonte has failed to cite any law granting the GSIS
the government to disclose the text of the treaty but not the offers the privilege of confidentiality as regards the documents subject of the present
between RP and Japan, because these are negotiations of executive petition. His position is apparently based merely on considerations of policy.
departments. Diplomatic Communication negotiation is privileged The judiciary does not settle policy issues. The Court can only declare what the
information. law is, and not what the law should be.

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Right to Information - MAD

Need for publication of laws to reinforce the right to information In sum, the public nature of the loanable funds of the GSIS and the
In Tanada v. Tuvera, the Court said Laws must come out in the open in the public office held by the alleged borrowers make the information
clear light of the sun instead of skulking in the shadows with their dark, deep sought clearly a matter of public interest and concern.
secrets. Mysterious pronouncements and rumored rules cannot be recognized
as binding unless their existence and contents are confirmed by a valid Are decisions and opinions of a court are public matters?
publication intended to make full disclosure and give proper notice to the Yes. However, pleadings and other documents filed by parties to a case are not
people. matters of public concern.
 Access to court records may be permitted at the discretion of the court,
What contemplates public interest or public concern? considering the purpose of documents requested, and possible
In Legaspi v. Civil Service Commission, there is no rigid test as the term prejudice against any of the parties.
“public concern/ interest” is broad. It is for the courts to determine if the
information falls within “public concern” or “public interest.” Extent of power of Government Agencies
In Legaspi v. Civil Service Commission, government agencies such as the Civil
Examples of matters of public interest Service Commission do not have the discretion in refusing disclosure of, or
access to, information of public concern.
1. In Echegaray v. Secretary of Justice, G.R. No. 132601, it was held
that Sec. 19 of the rules and regulations implementing R.A. 8177, which They only have the authority to regulate the manner of examining public
provides that the manual setting forth the procedure for administering records. The authority to regulate the manner of examining public records does
the lethal injection shall be confidential, was unduly suppressive, not carry with it the power to prohibit.
because the contents of the manual are matters of public concern
affecting the lives of the people and such matters naturally arouse the The Court provided a distinction between discretion/ prohibition and authority
interest of the individual citizen. to regulate.
2. In Province of Cotabato v. The Gov’t of the RP Peace Pane on o Refusal to disclose  only the Legislature may impose (Sec. 6,
Ancestral Domain, the contents of the MOA-AD is a matter of Article III)
paramount public concern involving public interest in the highest
order. In declaring that the right to information contemplates steps and o Authority to regulate the manner of examination  done
negotiations leading to the consummation of the contract, by government agency which has the custody of public records.
jurisprudence finds no distinction as to the executory nature or
commercial character of the agreement. In case of denial by the agency, it must prove that the information is not of
3. In Valmonte v. Belmonte, it is therefore the legitimate concern of the public concern or if it is of public concern, it is within the exemptions (e.g.
public to ensure that these funds are managed properly with the end in national security). Further, every denial is subject to review by courts.
view of maximizing the benefits that accrue to the insured government
employees.

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