04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
to public records is predicated on the right of the people to acquire information on
matters of public concern since, undoubtedly, in a democracy, the pubic has a
legitimate interest in matters of social and political significance.
x x x The incorporation of this right in the Constitution is a recognition of
the fundamental role of free exchange of information in a democracy.
There can be no realistic perception by the public of the nation's
problems, nor a meaningful democratic decision-making if they are
denied access to information of general interest. Information is needed to
enable the members of society to cope with the exigencies of the times.
As has been aptly observed: "Maintaining the flow of such information
depends on protection for both its acquisition and its dissemination since,
if either process is interrupted, the flow inevitably ceases." x x x[111]
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[112] so that they may be able to criticize and participate in
the affairs of the government in a responsible, reasonable and effective manner. It is
by ensuring an unfettered and uninhibited exchange of ideas among a well-informed
public that a government remains responsive to the changes desired by the people.
[113]
The MOA-AD is a matter of public concern
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.
Matters of public concern covered by the right to information include steps and
negotiations leading to the consummation of the contract. In not distinguishing as to
the executory nature or commercial character of agreements, the Court has
categorically ruled:
x x x [T]he right to information "contemplates inclusion of
negotiations leading to the consummation of the transaction. "
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.
Requiring a consummated contract will keep the public in the dark until
the contract, which may be grossly disadvantageous to the government
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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