Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) | Petitioners: Edison So Respondents: Republic of the Philippines Recit Ready Summary Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition. The issue is W/N So qualifies for Philippines Citizenship and the Court said NO. It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to nati...
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Case Digest: Legaspi v. Civil Service Commission (G.R. No. L-72119)

Legaspi vs Civil Service Commission | G.R. No. L-72119 | May 29, 1987 | Cortes, J


DOCTRINE:

While the manner of examining public records may be subject to reasonable regulation by the government agency in custody thereof, the duty to disclose the information of public concern, and to afford access to public records cannot be discretionary on the part of said agencies. The incorporation in the Constitution of a guarantee of access to information of public concern is a recognition of the essentiality of the free flow of ideas and information in a democracy.

 

FACTS

The Civil Service Commission (CSC) denied petitioner’s request for information on the civil service eligibilities of certain persons employed as sanitarians in the Health Department of Cebu City. These government employees represented themselves as civil service eligible who passed the civil service examinations for sanitarians. Thus, petitioner filed a writ of mandamus.


ISSUES AND HOLDING

Whether or not the information sought is covered by the right to information. [Yes] o Petitioner has standing

  • A petition for mandamus must have been instituted by a party aggrieved by the alleged inaction of any tribunal, corporation, board of person which unlawfully excludes said party from the enjoyment of a legal right
  • The right of the people to information on matters of public concern is by its very nature a public right. When a mandamus proceeding involves the assertion of a public right, the requirement of personal interest is satisfied by the mere fact that the petitioner is a citizen, and therefore, part of the general “public” which possesses the right
    • While the manner of examining public records may be subject to reasonable regulation by the government agency in custody thereof, the duty to disclose the information of public concern, and to afford access to public records cannot be discretionary on the part of said agencies
    • The incorporation in the Constitution of a guarantee of access to information of public concern is a recognition of the essentiality of the free flow of ideas and information in a democracy
    • Access to information of general interest aids the people in democratic decision-making by giving them a better perspective of the vital issues confronting the nation
    • However, the guarantee is not absolute. In every case the availability of access to a particular public record must be circumscribed by the nature of the information sought  Being of public concern or one that involves public interest
  • “Public concern” like “public interest” is a term that eludes exact definition. Both terms embrace a broad spectrum of subjects which the public may want to know, either because these directly affect their lives, or simply because such matters naturally arouse the interest of an ordinary citizen. In the final analysis, it is for the courts to determine in a case by case basis whether the matter at issue is of interest or importance, as it relates to or affects the public.
  • In the case at bar, public office being a public trust, it is the legitimate concern of citizens to ensure that government positions requiring a civil service eligibility are occupied only by persons who are eligible. Public officers are at all times accountable to the people even as to their eligibilities for their respective positions
  • Not being exempted by law from operation of the constitutional guarantee  Respondents failed to cite any provision in the Civil Service Law which would limit the petitioner’s right to know who are, and who are not, civil service eligibles. In fact, the names of those who pass the civil service examinations are released to the public. It is no secret.


Petition is GRANTED

 

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