FREEDOM OF INFORMATION

ENFORCEABLE RIGHTS UNDER SECTION VII:

1. Right to information on matters of public concern; and

2. Right of access to official records and documents.

LIMITATIONS ON THE RIGHTS:

1. National security matters;

2. Trade secrets and banking transactions;
3. Criminal matters or classified law enforcement matters, “such as those relating to the
apprehension, prosecution, and the detention of criminals, which courts may not inquire
into prior to such arrest, detention and prosecution.” Otherwise, efforts at effective law
enforcement would be seriously jeopardized; and
4. Other confidential information which includes diplomatic correspondence, closed door
Cabinet meetings and executive sessions of either Houses of Congress, and the internal
deliberations of the Supreme Court.

MATTERS OF PUBLIC CONCERN OR PUBLIC INTEREST

They embrace a broad spectrum of subject which the public may want to know, either because
these directly affect their lives or simply because such matters arouse the interest of an
ordinary citizen.

The right under Section 7 of the 1987 Philippine Constitution is a matter of public right where
the real party in interest is the people. Therefore, any citizen has standing.

If a person is denied of such right, the proper remedy is mandamus to compel the party who
denied information to produce or allow access to such.

DOCUMENTS COVERED

1. Official records;
2. Documents and papers pertaining to official acts;
3. Transactions and negotiations;
4. Decisions and opinions of courts; and
5. Government research data used for policy development.

PERTINENT JURISPRUDENCE DOCTRINES

CHAVEZ vs. PEA
Information, for instance, 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. From this
moment, the public right to information attaches, and any citizen can access all the non-
proprietary information leading to such definite proposition.

IN RE PRODUCTION OF COURT RECORDS

The following are privileged documents or communications, and are not subject to disclosure:

(a) Court actions such as the result of the raffle of cases and the actions taken by the Court on
each case included in the agenda of the Court’s session on acts done material to pending cases,
except where a party litigant requests information on the result of the raffle of the case,

(b) Court deliberations or the deliberations of the Members in court sessions on cases and
matters pending before the Court;

(c) Court records which are “predecisional” and “deliberative” in nature, in particular, documents
and other communications which are part of or related to the deliberative process.

(d) Confidential Information secured by justices, judges, court officials and employees in the
course of their official functions, mentioned in (2) and (3) above, are privileged even after their
term of office.

(e) Records of cases that are still pending for decision are privileged materials that cannot be
disclosed, except only for pleadings, orders and resolutions that have been made available by the
court to the general public.

(f) The principle of comity or inter-departmental courtesy demands that the highest officials of
each department be exempt from the compulsory processes of the other departments.

(g) These privileges belong to the Supreme Court as an institution, not to any justice or judge in
his or her individual capacity.

Legaspi v. CSC
The people have the right to information on matters of public concern, and access to official
records shall be allowed to citizens as may be provided by law. It is a self-executing provision.
The right to information is a public right – and every citizen is entitled thereto.

Civil service eligibility is a matter of public concern; there is nothing secret about it. Limitations
upon the right to access information are discretionary upon the Legislature, not the agency in
question. Administrative agencies may only regulate, but may not prohibit access, unless
otherwise authorized by law.

Aquino-Sarmiento v. Morato
The term private has been defined as "belonging to or concerning, an individual person, company,
or interest"; whereas, public means "pertaining to, or belonging to, or affecting a nation, state,
or community at large.

The right to privacy belongs to the individual acting in his private capacity and not to a
governmental agency or officers tasked with, and acting in, the discharge of public duties.

Echagaray vs. Secretary of Justice

The contents of the manual of execution of lethal injection are matters of public concern "which
the public may want to know, either because these directly affect their lives, or simply because
such matters naturally arouse the interest of an ordinary citizen.

The incorporation in the Constitution of a guarantee of access to information of public concern

is a recognition of the essentiality of the free flow of ideas and information in a democracy. In
the same way that free discussion enables members of society to cope with the exigencies of
their time, access to information of general interest aids the people in democratic decision-
making by giving them a better perspective of the vital issues confronting the nation.

RE: Request for Radio-TV Coverage

Video footages of court hearings for news purposes shall be limited and restricted. A trial of
any kind or in any court is a matter of serious importance to all concerned and should not be
treated as a means of entertainment.

Hilado vs. Reyes

The term "judicial record" or "court record" does not only refer to the orders, judgment or
verdict of the courts. It comprises the official collection of all papers, exhibits and pleadings filed
by the parties, all processes issued and returns made thereon, appearances, and word-for-word
testimony which took place during the trial and which are in the possession, custody, or control
of the judiciary or of the courts for purposes of rendering court decisions includes all evidence it
has received in a case.

In determining whether a particular information is of public concern, there is no right test. In

the final analysis, it is for the courts to determine on a case to case basis whether the matter
at issue is of interest or importance as it relates to or affect the public.

Decisions and opinions of a court are of course matters of public concern or interest for these
are the authorized expositions and interpretations of the laws, binding upon all citizens, of which
every citizen is charged with knowledge. Justice thus requires that all should have free access to
the opinions of judges and justices, and it would be against sound public policy to prevent,
suppress or keep the earliest knowledge of these from the public.