Bill of Rights - Right to Information

Question 1

Twin provisions in the constitution relating to the right to information

Answer 1

Art. II 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.

Art. III. SECTION 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.

Question 2

Difference between legislative and administrative power to regulate the right to information

Answer 2

Question 3

Basic principles on the right to information

Answer 3

Question 5

What are examples of matters considered to be of public concern?

Answer 5

Question 6

Burden of proof on the right to information

Answer 6

Question 8

How is a claim of privilege overcome?

Answer 8

1. Determine the existence of public interest
2. The public interest must be sufficient to overcome the privilege – i.e. it must be shown that there is a need to disclose

(e.g. matters of negotiations are privileged, they are overcome through this standard)_

Question 10

Requisites that must concur before the right to information may be compelled by writ of mandamus

Answer 10

1. The information sought must be in relation to matters of public concern or public interest; and
2. It must not be exempt by law from the oepration of the constitutional guarantee

Question 11

Sereno v. CTRM

Answer 11

Ptr. Sereno filed a mandamus petition to compel the disclosure of (1) minutes of a meeting by the CTRM-NEDA on May 23, 2005; (2) copies of all official records; (3) government research data.

Court provided that the requisites for mandamus must be met. First requisite was met because the petro-chemical industry contributes significantly to the economy– hence it is a public concern. Second requisite was not met because it was exempt from the constitutional right to information for being privileged, the meeting was classified as a closed-door meeting.