This case has been cited 8 times or more.
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2010-07-05 |
DEL CASTILLO, J. |
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| However, the principle of exhaustion of administrative remedies is subject to exceptions, among which is when only a question of law is involved.[40] This is because issues of law - such as whether petitioner has a constitutional right to demand access to the Examination Papers - cannot be resolved with finality by the administrative officer.[41] | |||||
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2008-10-14 |
CARPIO MORALES, J. |
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| That the subject of the information sought in the present cases is a matter of public concern[114] faces no serious challenge. In fact, respondents admit that the MOA-AD is indeed of public concern.[115] In previous cases, the Court found that the regularity of real estate transactions entered in the Register of Deeds,[116] the need for adequate notice to the public of the various laws,[117] the civil service eligibility of a public employee,[118] the proper management of GSIS funds allegedly used to grant loans to public officials,[119] the recovery of the Marcoses' alleged ill-gotten wealth,[120] and the identity of party-list nominees,[121] among others, are matters of public concern. Undoubtedly, the MOA-AD subject of the present cases is of public concern, involving as it does the sovereignty and territorial integrity of the State, which directly affects the lives of the public at large. | |||||
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2008-08-20 |
YNARES-SATIAGO, J. |
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| We do not sit in judgment as a supra-legislature to decide, after a law is passed by Congress, which state interest is superior over another, or which method is better suited to achieve one, some or all of the state's interests, or what these interests should be in the first place. This policy-determining power, by constitutional fiat, belongs to Congress as it is its function to determine and balance these interests or choose which ones to pursue. Time and again we have ruled that the judiciary does not settle policy issues. The Court can only declare what the law is and not what the law should be. Under our system of government, policy issues are within the domain of the political branches of government and of the people themselves as the repository of all state power.[74] Thus, the legislative classification under the classification freeze provision, after having been shown to be rationally related to achieve certain legitimate state interests and done in good faith, must, perforce, end our inquiry. | |||||
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2008-07-16 |
CARPIO MORALES, J. |
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| The intent of the constitutional right to information, as pointed out by Constitutional Commissioner Wilfrido V. Villacorta, is "to adequately inform the public so that nothing vital in state affairs is kept from them"[212] In Valmonte v. Belmonte,[213] we explained the rationale of the right of access to information, viz:An informed citizenry with access to the diverse currents in political, moral and artistic thought and data relative to them, and the free exchange of ideas and discussion of issues thereon is vital to the democratic government envisioned under our Constitution. The cornerstone of this republican system of government is delegation of power by the people to the State. In this system, governmental agencies and institutions operate within the limits of the authority conferred by the people. Denied access to information on the inner workings of government, the citizenry can become prey to the whims and caprices of those to whom the power had been delegated... | |||||
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2008-07-16 |
CARPIO MORALES, J. |
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| Applying the balancing of interests test to the case at bar leads to the ineluctable conclusion that the scale must be tilted in favor of the people's right to information for, as shown earlier, the records are bereft of basis for finding a public interest to justify the withholding of the subject JPEPA documents after the negotiations have been concluded. Respondents have not shown a sufficient and specific public interest to defeat the recognized public interest in exercising the constitutional right to information to widen the role of the citizenry in governmental decision-making by giving them a better perspective of the vital issues confronting the nation,[277] and to check abuse in government.[278] | |||||
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2007-08-15 |
VELASCO, JR., J. |
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| SEC. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. In Valmonte v. Belmonte, Jr., this Court explicated this way: [A]n essential element of these freedoms is to keep open a continuing dialogue or process of communication between the government and the people. It is in the interest of the State that the channels for free political discussion be maintained to the end that the government may perceive and be responsive to the people's will. Yet, this open dialogue can be effective only to the extent that the citizenry is informed and thus able to formulate its will intelligently. Only when the participants in the discussion are aware of the issues and have access to information relating thereto can such bear fruit.[87] In PEA, this Court elucidated the rationale behind the right to information: These twin provisions of the Constitution seek to promote transparency in policy-making and in the operations of the government, as well as provide the people sufficient information to exercise effectively other constitutional rights. These twin provisions are essential to the exercise of freedom of expression. If the government does not disclose its official acts, transactions and decisions to citizens, whatever citizens say, even if expressed without any restraint, will be speculative and amount to nothing. These twin provisions are also essential to hold public officials "at all times x x x accountable to the people," for unless citizens have the proper information, they cannot hold public officials accountable for anything. Armed with the right information, citizens can participate in public discussions leading to the formulation of government policies and their effective implementation. An informed citizenry is essential to the existence and proper functioning of any democracy.[88] Sec. 28, Art. II compels the State and its agencies to fully disclose "all of its transactions involving public interest." Thus, the government agencies, without need of demand from anyone, must bring into public view all the steps and negotiations leading to the consummation of the transaction and the contents of the perfected contract.[89] Such information must pertain to "definite propositions of the government," meaning official recommendations or final positions reached on the different matters subject of negotiation. The government agency, however, need not disclose "intra-agency or inter-agency recommendations or communications during the stage when common assertions are still in the process of being formulated or are in the exploratory stage." The limitation also covers privileged communication like information on military and diplomatic secrets; information affecting national security; information on investigations of crimes by law enforcement agencies before the prosecution of the accused; information on foreign relations, intelligence, and other classified information. | |||||
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2006-10-17 |
SANDOVAL-GUTIERREZ, J. |
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| development, shall be afforded the citizen, subject to such limitations as may be provided by law. These twin provisions of the Constitution seek to promote transparency in policy-making and in the operations of the government, as well as provide the people sufficient information to enable them to exercise effectively their constitutional rights. Armed with the right information, citizens can participate in public discussions leading to the formulation of government policies and their effective implementation. In Valmonte v. Belmonte, Jr.[27] the Court explained that an informed citizenry is essential to the existence and proper functioning of any democracy, thus: An essential element of these freedoms is to keep open a continuing dialogue or process of communication between the government and the people. It is in the interest of the State that the channels for free political discussion be maintained to the end that the government may perceive and be responsive to the people's will. Yet, this open dialogue can be effective only to the extent that the citizenry is informed and thus able to formulate its will intelligently. Only when the participants in the discussion are aware of the issues and have access to information relating thereto can such bear fruit. Consequently, the conduct of inquiries in aid of legislation is not only intended to benefit Congress but also the citizenry. The people are equally concerned with this proceeding and have the right to participate therein in order to protect their interests. The extent of their participation will largely depend on the information gathered and made known to them. In other words, the right to information really goes hand-in-hand with the constitutional policies of full public disclosure and honesty in the public service. It is meant to enhance the widening role of the citizenry in governmental decision-making as well as in checking abuse in the government.[28] The cases of Tañada v. Tuvera[29] and Legaspi v. Civil Service Commission[30] have recognized a citizen's interest and personality to enforce a public duty and to bring an action to compel public officials and employees to perform that duty. | |||||
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2006-04-20 |
CARPIO MORALES, J. |
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| It is in the interest of the State that the channels for free political discussion be maintained to the end that the government may perceive and be responsive to the people's will. Yet, this open dialogue can be effective only to the extent that the citizenry is informed and thus able to formulate its will intelligently. Only when the participants in the discussion are aware of the issues and have access to information relating thereto can such bear fruit.[107] (Emphasis and underscoring supplied) | |||||