Philippines

merceidez ragazaBy Merceidez Louise S Ragaza

Freedom of Information (FOI) is a right enshrined in our fundamental law. It refers to the right of the people to information on matters of public concern. It is the right of every citizen to access official records, documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development (Sec. 7, Art. III, 1987 Constitution). This includes the public’s right to know the public officials and employees’ assets, liabilities, net worth, and financial and business interests.

So as not to render this right ineffectual brought about by the lack of a law therefor, President Rodrigo Roa Duterte passed Executive Order No. 2, Series of 2016, which implemented the FOI Program in the executive branch. For its part, the Supreme Court passed the Rule on Access to Information About the Supreme Courtearly this year. The Supreme Court likewise ordered the creation of FOI Manuals in the entire judiciary, ie, Court of Appeals, Sandiganbayan, Court of Tax Appeals, and lower courts.

The Rule on Access to Information About the Supreme Court guarantees one’s “privilege” to either (1) obtain a copy, (2) receive the Information, or (3) gain insight to all information and records or portions of those records in the official custody, possession, and control of offices in the Supreme Court. Like all other rights, the “right to know” is not an absolute right.

Excluded are those “non-disclosable information” protected by laws, the Rule, or resolutions of the Supreme Court En Banc. For instance, access to information will be denied if the request (1) is made by one whose identity is fictitious or not legitimate; (2) is prompted by sheer idle curiosity, (3) made with a plainly discernible improper motive, (4) made for a commercial purpose; (5) is contrary to laws, morals, good customs, or public policy, eg when the request pertains to privileged documents or communications.

To obtain access, the requesting party must submit to the Supreme Court’s Public Information Office (PIO) two filled-up copies of an Access to Information Request Form (AIRF) stating therein his/her personal information, the requested information, and the purpose of the request, together with two of his/her valid IDs. If the AIRF is fully-compliant, the PIO shall have one working day to forward the request to the information custodian who shall then have 10 to 15 days to approve, deny or refer to another office the request. The information custodian shall transmit the information requested to the PIO who shall have five working days to transmit the same to the requesting party. In case of denial, the requesting party may file a motion for reconsideration once before the Supreme CourtEn Banc within 15 days from receipt of the notice of denial or from the lapse of the period to respond to the request. The denial of the motion for reconsideration shall be immediately final and executory.

However, securing the Justices’ Statements of Assets, Liabilities, and Net Worth (SALN), Disclosures of Business Interests and Financial Connections, Personal Data Sheets (PDS), and Curriculum Vitae (CV) follows a different procedure as the contents thereof are deemed non-disclosable when requested or to be used for (1) any purpose contrary to morals or public policy; or (2) any commercial purpose other than by news communication media for dissemination to the general public. As a general rule, only copies of the latest SALN, PDS, and CV may be requested and requests for previous records may be covered only if so specifically requested and if considered as justified. Nevertheless, information as to whether or not such statements have been filed shall be fully disclosable.

To request for SALN, PDS, or CV of a Supreme Court Justice, the requesting party must likewise submit two (2) filled-up copies of the AIRF before the Office of the Clerk of Court stating therein the specific purpose and individual interests sought to be served as well as a commitment that the request shall only be for such purpose. For members of the media, the same must be supported by: (1) proof under oath of media affiliation, and (2) a certification of the accreditation of their respective organisations as legitimate media practitioners. In all cases, the requesting party must have no derogatory record of having misused any requested information previously furnished to him/her. For SALNs of Justices of Supreme Court as well as those of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals, the authority to disclose shall be made only by the Supreme Court En Banc.

In an En Banc Resolution, the Supreme Court has granted requests for SALNs for varying purposes eg (1) transparency and governance, (2) media database, (3) posting in a website for the general public, (4) reference materials for newscasts, and (5) even for academic purposes which allowed a student to “secure a huge percentage in [her] final examination”.

Non-disclosure of SALNs, PDS’, and CVs, is a privilege that belongs to the Supreme Court as an institution, not to any justice or judge in his/her individual capacity. Hence, no sitting or retired justice or judge, even the Chief Justice, may claim exemption without the consent of the Court.

Significantly, the Rule on Access to Information About the Supreme Court likewise provides for administrative liabilities and penalties ranging from reprimand, suspension, and dismissal, and even indirect contempt for disclosures in violation of the rule on confidentiality and provision of any false in the AIRF and its accompanying documents.

To borrow the words of the Supreme Court, “while the Constitution holds dear the right of the people to have access to matters of concern, the Constitution also holds sacred the independence of the judiciary”. Thus, the passage of the Rule on Access to Information About the Supreme Court which allowed people to exercise their right to know by allowing access to public and official records in the custody of the Supreme Court subject only to reasonable requirements provided therein.

This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.

The author is an Associate of the Litigation and Dispute Resolution (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

msragaza@accralaw.com

Tel: (63) 2 830 8000

 

Related Articles by Firm
The sanctity of our home offices
Often quoted in cases involving searches and seizures is the principle that “a man’s home is his castle” ...
Financial rehabilitation amidst the COVID-19 pandemic
In light of the implementation of various community quarantine measures brought about by the COVID-19 pandemic in the Philippines, many business establishments were either prevented from operating or permitted with limited operational capacity ...
Fine prints
Rights-holders must always be vigilant, exercise caution and, most of all, read and question the fine prints.
Travel restrictions, work permit and visa status of expats in the Philippines
While the coronavirus disease (Covid-19) knows no nationality or race, most countries have taken the approach, among others, of closing their respective borders to prevent it from spreading ...
Philippines: Pandemics, police power and private contracts
With the worsening coronavirus outbreak, President Rodrigo Duterte has shifted gears ...
Philippines: Coping with Covid-19
While Covid-19 is primarily a health issue, it cannot be denied that it has multi-faceted effects ...
Philippines: Work suspension during calamities
On January 12, 2020, the Taal volcano in the Philippines began erupting, causing numerous cities to experience ash fall and necessitating the evacuation of families living nearby ...
Philippines: Changing times for PEZA locators
The Philippines enticed into investors into its special economic zones with tax incentives, such as income tax holidays (ITH) or 5 percent gross income taxation (GIT), VAT zero-rated purchases and duty-free importations ...
The 2019 HCCH Judgments Convention and the enforcement of foreign judgments in the Philippines
In a world where cross-border transactions are commonplace, disputes inevitably arise. Thus, the recognition and enforcement of foreign court decisions is a key issue ...
Compulsory investment of branch offices in the Philippines
The Revised Corporation Code introduced amendments to the otherwise outdated Corporation Code.
Philippines: The POGO problem – Harmonising immigration, gaming and gambling
It is highly illegal to gamble in China save for a few state-run lotteries. To avoid this prohibition, gambling companies operate offshore so that they may continue catering to Chinese nationals who play casino and e-games online ...
Developments in the Philippine Competition Commission’s enforcement activities
Early this year, the Philippine Competition Commission (PCC) Enforcement Office launched a leniency/whistleblower programme offering immunity from suit and reduction of fines to cartel members who will provide information that will help the PCC investigate and prosecute cartels ...
Revisiting the AMLA in light of transnational money laundering
For several decades, money laundering has extended the reach of transnational organised crime throughout various nations ...
Revisiting important concepts in arbitration
Philippine courts are keen on making arbitration and other modes of ADR the staple in settling disputes domestically.
Keeping your mobile number for a lifetime
A new law facilitates the easy movement of subscribers from one service provider to another.
The Philippines 11th Foreign Investment Negative List and its impact on online businesses
A more liberalised foreign participation may change the internet-based business landscape in the Philippines ...
The Philippine Competition Commission bares its teeth
For the first time since its inception in 2015, the Commission has blocked a merger after conducting its review.
A peek into the revised Corporation Code of the Philippines
On February 20, 2019, President Rodrigo Duterte signed into law Republic Act No. 11232, otherwise known as the Revised Corporation Code of the Philippines (the New Code) ...
Philippines: Protecting indigenous knowledge systems and practices in intellectual property rights registration
Indigenous peoples (IPs) and indigenous cultural communities (ICCs), though explicitly protected under the constitution itself, sadly remain one of the most marginalised and forgotten sectors in Philippine society ...
Philippines: The right to know – Freedom of information in the Supreme Court
Freedom of Information is a right enshrined in our fundamental law ...
Investments for the environment
In a recent report released by the leading international body for assessment of climate change, the UN Intergovernmental Panel on Climate Change (UN IPCC), established a target global warming limit of 1.5°C ...
The PCC’s Joint Venture Guidelines
The Philippine Competition Commission must strive to strike a balance ...
How the Mental Health Act affects employees
Mental health conditions, which include anxiety and panic disorders, depression, eating disorders, substance abuse and addictions, have become a pervasive issue which permeates our present society ...
The Ease of Doing Business Act tapers red tape
RA 11032 is a welcome step towards achieving the quality government services that Filipinos deserve.
Much EndO about nothing
President Duterte says he has put an end to the “Endo” or the practice of engaging employees on a contractual basis. But has he?
Philippines: Proposed rules and regulations on crowdfunding
Crowdfunding (CF) platforms have proven to be a popular way to solicit charitable donations and to raise funds for projects or business ventures ...
Virtual currency in the Philippines: Recognition and regulation
Bitcoin is essentially a virtual currency (VC), which is any type of digital unit that is used as a medium of exchange — a veritable currency that exists in the digital world. Since it is electronic currency, VC is easily transferable ...
Protection of women employees in the Philippines
According to the World Economic Forum’s Global Gender Gap (GGG) Report conducted in 2016, the Philippines is the most gender-equal country in the Asia-Pacific region, having closed nearly 79 percent of its gender gap ...
Anti-Trust & Competition: Philippines - Towards robust yet balanced competition in the Philippines
The state of Philippine competition regulation has been slowly taking shape barely over two years after the passage of the Philippine Competition Act (RA 10667) ...
PHILIPPINES: The internet and doing business in the Philippines
Earlier this year, the Philippines Securities and Exchange Commission (SEC) issued an opinion stating that an online gaming system with absolutely no physical presence in the Philippines shall be considered as “doing business” in the Philippines and was thus required ...
Philippines: Psychological disorders in the workplace
The problem of mental health presents a particular conundrum under labour relations and standards ...
Clarifying the role of contractors and subcontractors
Recent changes to labour laws in the Philippines attempt to clarify the status of contractors and subcontractors in certain industries ...
Fake news and its web of legal issues in the post-truth era
Oxford Dictionaries’ Word of the Year for 2016 is “post-truth” — an adjective defined as “relating to or denoting circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief”. ...
Dollar-denominated securities in relation to Corporation Code’s provisions on capital
The Philippines Stock Exchange (PSE) issued rules on December 2, 2016 governing the listing, trading and settlement of US dollar-denominated securities (DDS)....
Cyber bullying in the Philippines
The pen is mightier than the sword or so the adage goes. When this was once said, it was to highlight the power of thoughts and ideas over brute force and violence as a way to effect change. Today, the ...
Uber/GrabCar drivers: Independent contractors or employees?
The buzz about the legality of Uber and GrabCar operating in the Philippines might have died down, but now there is another legal issue surrounding them: whether their drivers are employees or ...
Price fixing in the context of the Philippine Competition Act
In light of the enactment of the Philippine Competition Act (PCA) in 2015, competitors, manufacturers, retailers and sellers or suppliers, in general, should be ...
Implementation of the data privacy act in Philippines now in full swing
Since 2012, the Philippines has had a comprehensive law governing personal data privacy. However, full implementation ...
Taxability of service fees received by non-resident foreign companies from online advertising in the Philippines
The use of the internet for the promotion of goods and services, particularly social media (Facebook, Twitter and ...
Levelling the playing field in the Philippines
Before the enactment of the Philippine Competition Act in 2015, the Philippines was the only founding member of Asean that did not have a comprehensive competition law in place. Francisco Ed Lim, Patricia-Ann T Prodigalidad, Eric R Recalde of <...
Age discrimination in the workplace
Republic Act No. 10911 (also known as the ‘Anti-Age Discrimination in Employment Act’) lapsed into law on 21 July ...
Green jobs: greening the Philippine labour sector
With the threat of climate change, the international community created the Paris Agreement which aims to stop global warming and preserve ...
Interplay of domestic law on compulsory licensing and international agreements on medicine prices
The price of pharmaceutical products in the Philippines appears to be on the high side compared to that in other Asian ...
Restrictive covenants in employment contracts
One of the means of keeping afloat in today’s competitive market is to hire employees who are ‘fit’ for a particular job. However, before employers ...
Make our system work: litigation practice expedited
The perception that litigation is a slow and arduous process has drawn many of us closer to the idea of alternative modes of dispute resolution. ...
Department of Labor and Employment (DOLE) Department Order No. 18-A: The Rules and Regulations on Contracting
On December 4, 2011, Department of Labor and Employment (DOLE) Department Order No. 18-A (D.O. 18-A), the new Rules Implementing Articles 106 to 109 ...
An overview of Philippine Data Privacy Law
Republic Act No. 10173, or the Philippine Data Privacy Act of 2012 (RA10173), was signed into law on August 15, 2012. This is the ...
New competition law for the Philippines
The Philippine Competition Act (PCA) went into effect on August 5, 2015. The law applies not only to acts committed in the Philippines but ...
Related Articles
Related Articles by Jurisdiction
Taxability of service fees received by non-resident foreign companies from online advertising in the Philippines
The use of the internet for the promotion of goods and services, particularly social media (Facebook, Twitter and ...
Philippines: The POGO problem – Harmonising immigration, gaming and gambling
It is highly illegal to gamble in China save for a few state-run lotteries. To avoid this prohibition, gambling companies operate offshore so that they may continue catering to Chinese nationals who play casino and e-games online ...
Latest Articles