BOR_Right to Information

Question 1

What are the three categories of information

Answer 1

1. Official records;
2. Documents and papers pertaining to official
   acts, transactions and decisions; and
3. Government research data used in formulating
   policies.

Question 2

Whats the scope and limitation on the right to information

Answer 2

The access must be for a
a. lawful purpose and is
b. subject to reasonable conditions by the custodian of the records.

Question 3

Limitation on the Right to Information

Answer 3

1. National security matters.
2. Criminal matters relating to investigation, apprehension, and detention of criminals which the court may not inquire into prior to arrest, prosecution and detention;
3. Trade and industrial secrets and other banking transactions as protected by the Intellectual Property Code and the Secrecy of Bank Deposits Act; and
4. Other confidential information falling under the scope of the Ethical Safety Act concerning classified information.

Question 4

Wilfredo filed a mandamus petition to compel the Committee on Tariff and Related Matters (CTRM) to provide him a copy of the minutes of its May 23, 2005 meeting documents, papers and government research data used as basis for the issuance of Executive Order No. 486 which lifted the suspension of the tariff reduction schedule on petrochemicals.

Wilfredo based his action on the constitutional right to information on matters of public concern and the State’s policy of full public disclosure. Will the petition prosper?

Answer 4

NO. The State’s policy of full public disclosure is
restricted to transactions involving public interest
and is tempered by reasonable conditions
prescribed by law. (Sereno v. CTRM

Question 5

What are the 2 requisites that must concur before the Right to Information may be compelled by Writ of Mandamus?

Answer 5

Firstly, the information sought must be in relation to matters of public concern or public interest.

And, secondly, it must not be exempt by law from the operation of the constitutional guarantee

Question 6

Rationale why Wilfredo was not given access to the information sought?

Answer 6

The information sought by Wilfredo are classified as a closed-door Cabinet meeting by virtue of the CTRM’s composition and the nature of its mandate dealing with matters of foreign affairs, trade and policy-making.

A President and those who assist him must be free to explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately.

Without doubt, therefore, ensuring and promoting the free exchange of ideas among the members of CTRM tasked to give tariff recommendations to the President were truly imperative. (Sereno v. Committee on Tariff and Related Matters of the NEDA, 2016)

Question 7

Q: The online news agency Rappler, Inc. sued
COMELEC Chair Bautista for breach of contract
(MOA) in disallowing the former to stream
online the coverage of the 2016 presidential and
vice-presidential debates.

Does Rappler, Inc.
have a cause of action against Chair Bautista?

Answer 7

YES. Aside from the fact that Chair Bautista clearly breached an express stipulation of the MOA allowing Rappler, Inc. to stream online the coverage of the debates, the presidential and vicepresidential debates are held primarily for the benefit of the electorate to assist the electorate in making informed choices on election day.

Through the conduct of the national debates among presidential and vice-presidential candidates, the electorate will have the “opportunity to be informed of the candidates’ qualifications and track record, platforms and programs, and their answers to significant issues of national concern.”

The political nature of the national debates and the public’s interest in the wide availability of the information for the voters’ education certainly justify allowing the debates to be shown or streamed in other websites for wider dissemination