6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
Under both the 1973 and 1987 Constitution, this is a self-executory
provision which can be invoked by any citizen before the courts. This was
our ruling in Legaspi v. Civil Service Commission, wherein the Court
classified the right to information as a public right and "when a mandamus
proceeding involves the assertion of a public right, the requirement of
personal interest is satisfied by the mere fact that the petitioner is a citizen,
and therefore, part of the general 'public' which possesses the right."
However, Congress may provide for reasonable conditions upon the
access to information. Such limitations were embodied in Republic Act No.
6713, otherwise known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees," which took effect on March 25, 1989. This
law provides that, in the performance of their duties, all public officials and
employees are obliged to respond to letters sent by the public within fifteen
(15) working days from receipt thereof and to ensure the accessibility of all
public documents for inspection by the public within reasonable working
hours, subject to the reasonable claims of confidentiality.[14] (Emphasis
supplied; Citations omitted)
In Tondo Medical Center Employees Association v. Court of Appeals,[15] the Court made
a jurisprudential survey on the interpretation of constitutional provisions that are not
self-executory and held that it is Congress that will breathe life into these provisions:
As a general rule, the provisions of the Constitution are considered selfexecuting, and do not require future legislation for their enforcement. For if
they are not treated as self-executing, the mandate of the fundamental law
can be easily nullified by the inaction of Congress. However, some provisions
have already been categorically declared by this Court as non self-executing.
In Tañada v. Angara, the Court specifically set apart the sections found
under Article II of the 1987 Constitution as non self-executing and ruled that
such broad principles need legislative enactments before they can be
implemented:
By its very title, Article II of the Constitution is a "declaration of
principles and state policies." x x x These principles in Article
II are not intended to be self-executing principles ready for
enforcement through the courts. They are used by the judiciary
as aids or as guides in the exercise of its power of judicial review,
and by the legislature in its enactment of laws.
In Basco v. Philippine Amusement and Gaining Corporation, this Court
declared that Sections 11, 12, and 13 of Article II; Section 13 of Article XIII;
and Section 2 of Article XIV of the 1987 Constitution are not self-executing
provisions. In Tolentino v. Secretary of Finance, the Court referred to
Section 1 of Article XIII and Section 2 of Article XIV of the Constitution as
moral incentives to legislation, not as judicially enforceable rights. These
provisions, which merely lay down a general principle, are distinguished
from other constitutional provisions as non self-executing and, therefore,
cannot give rise to a cause of action in the courts; they do not embody
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165
49/70
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents