Right to Information | THE BILL OF RIGHTS

The Right to Information under the Bill of Rights

The right to information is enshrined in the 1987 Philippine Constitution under Article III, Section 7 of the Bill of Rights. This provision guarantees the people’s right to access information on matters of public concern, which plays a critical role in a functioning democracy. The provision reads as follows:

“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 a basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”

Key Elements of the Right to Information:

1. Matters of Public Concern

   • The right to information pertains only to matters of public concern. The Constitution does not define what qualifies as a matter of public concern, and this is generally determined by the courts on a case-by-case basis.
   • However, as a general principle, information that affects public interest or involves the duty of government officials in performing their functions is considered as such. The Supreme Court has ruled that the test of public concern is not easy to determine and will largely depend on the factual context of each case.
   • In Legaspi v. Civil Service Commission (1987), the Supreme Court ruled that information of public concern includes official records, documents, or any data that involves the transparency of government actions and decisions.

2. Scope of the Right

   • The right to information applies to official records, documents, papers pertaining to official acts, transactions or decisions, and government research data used as a basis for policy development.
   • The right is not confined only to completed official acts, but also to information regarding ongoing public matters or pending government actions.
   • It has been held that the right to information includes access to contracts, bids, public funds expenditure, and any matter relating to public accountability.

3. Limitations to the Right

   • The right to information is not absolute. The Constitution itself provides that the right is subject to limitations as may be provided by law. These limitations may include restrictions based on national security, confidentiality of sensitive government records, or other reasons of public interest.
   • Examples of such limitations include executive privilege, the confidentiality of information pertaining to diplomatic negotiations, and information related to military or defense matters.
   • In Chavez v. Public Estates Authority (2002), the Court emphasized that while the right to information is a means of promoting transparency, it is not without reasonable limits. It noted that access to certain information might be restricted to safeguard state secrets, trade negotiations, or internal communications.

4. Executive Privilege

   • One of the key limitations to the right to information is executive privilege. The concept of executive privilege allows the President, or other high-ranking officials, to withhold certain information from the public, especially in matters involving national security, diplomatic relations, military affairs, and presidential conversations.
   • In Senate v. Ermita (2006), the Supreme Court ruled that executive privilege is not absolute and must be specifically invoked. When executive privilege is claimed, the court has the final authority to determine if the claim is valid based on the parameters of national interest.

5. Procedural Mechanism

   • The Freedom of Information (FOI) Program, initiated by Executive Order No. 2 (s. 2016), operationalizes the right to information. It mandates all government offices under the Executive Branch to make public records available for disclosure upon request by any citizen, except for information falling under the list of exemptions provided by law.
   • The FOI Program provides a formal procedure for accessing information. It includes steps on how to file a request for information, timelines for government offices to respond, and a system for appeal in cases of denial.
   • Local government units (LGUs) and other branches of government, such as the judiciary and legislative branches, are encouraged to adopt their own versions of the FOI Program.

6. Judicial Interpretation

   • The Supreme Court of the Philippines has been pivotal in interpreting the right to information. In several landmark cases, the Court has reiterated the importance of this right as a mechanism for promoting transparency, accountability, and participatory governance.
     • In Tañada v. Tuvera (1986), the Supreme Court affirmed that government agencies have the duty to disclose information to the public, particularly with regard to laws and regulations that affect the people.
     • In Chavez v. National Housing Authority (2007), the Court highlighted that the right to information is a tool for public participation in governance and for checking government abuses. In this case, the Court held that contracts entered into by the government using public funds must be disclosed to the public upon request.
     • Chavez v. PCGG (1998) further underscored that information relating to the use of public funds is a matter of public concern, and that the government has a duty to disclose such information to the public.

7. Relation to Other Constitutional Rights

   • The right to information is closely related to other fundamental rights, such as the freedom of expression and freedom of the press. The right to information complements these rights by ensuring that the public and the media have access to the information they need to form opinions and hold the government accountable.
   • It is also tied to the principle of transparency and accountability in government, which are cornerstones of democratic governance.
   • The Supreme Court has ruled that the right to information, particularly regarding public funds and government transactions, is indispensable in ensuring that citizens can meaningfully exercise their right to participate in public affairs (as in Chavez v. Public Estates Authority (2002)).

8. Enforcement of the Right

   • The right to information can be enforced through the courts via writ of mandamus. A citizen may file a petition for mandamus to compel government agencies to release information that has been unlawfully withheld.
   • In Legaspi v. Civil Service Commission (1987), the Supreme Court ruled that any citizen has the legal standing to file such a petition, as the right to information is of public concern, and thus, any denial affects the general public.

Conclusion

The right to information under the 1987 Philippine Constitution is a powerful tool for promoting transparency, accountability, and participation in government processes. While it is a fundamental right, it is not absolute and is subject to reasonable limitations to protect national security, privacy, and other interests of public welfare. Judicial precedents have further clarified and expanded the scope of this right, making it an essential element of a functioning democracy.