04/02/2020
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or even illegal, becomes fait accompli. This negates the State policy of full
transparency on matters of public concern, a situation which the framers
of the Constitution could not have intended. Such a requirement will
prevent the citizenry from participating in the public discussion of any
proposed contract, effectively truncating a basic right enshrined in the
Bill of Rights. We can allow neither an emasculation of a constitutional
right, nor a retreat by the State of its avowed "policy of full disclosure of
all its transactions involving public interest."[122] (Emphasis and italics in
the original)
Intended as a "splendid symmetry"[123] to the right to information under the Bill of
Rights is the policy of public disclosure under Section 28, Article II of the
Constitution reading:
Sec. 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.[124]
The policy of full public disclosure enunciated in above-quoted Section 28
complements the right of access to information on matters of public concern found in
the Bill of Rights. The right to information guarantees the right of the people to
demand information, while Section 28 recognizes the duty of officialdom to give
information even if nobody demands.[125]
The policy of public disclosure establishes a concrete ethical principle for the conduct
of public affairs in a genuinely open democracy, with the people's right to know as
the centerpiece. It is a mandate of the State to be accountable by following such
policy.[126] These provisions are vital to the exercise of the freedom of expression
and essential to hold public officials at all times accountable to the people.[127]
Whether Section 28 is self-executory, the records of the deliberations of the
Constitutional Commission so disclose:
MR. SUAREZ. And since this is not self-executory, this policy will not be
enunciated or will not be in force and effect until after Congress shall
have provided it.
MR. OPLE. I expect it to influence the climate of public ethics immediately
but, of course, the implementing law will have to be enacted by Congress,
Mr. Presiding Officer.[128]
The following discourse, after Commissioner Hilario Davide, Jr., sought clarification
on the issue, is enlightening.
MR. DAVIDE. I would like to get some clarifications on this. Mr. Presiding
Officer, did I get the Gentleman correctly as having said that this is not a
self-executing provision? It would require a legislation by Congress to
implement?
MR. OPLE. Yes. Originally, it was going to be self-executing, but I
accepted an amendment from Commissioner Regalado, so that the
safeguards on national interest are modified by the clause "as may be
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