VALMONTE VS. BELMONTE

13 FEBRUARY 1989

Facts

Petitioners:

LawyerMedia Filipino

Oswaldo CarbonellDoy Del CastilloRolando BartolomeLeo ObligarJun GutierrezReynaldo BagatsingJun "Ninoy" AlbaPercy LapidRommel CorroRolando Fadul

Ricardo Valmonte

VS

Feliciano "Sonny" Belmonte, Jr.

Quezon City 4th District RepresentativeSpeaker of the House

GSIS General Manager (1986-1991)

FACTSRESPONDENT:

FACTS

Source: philstar.com

Feb 7, 1986Feb 25, 1986

FACTS

JUNE 4, 1986 VALMONTE'S LETTER TO BELMONTE

JUNE 17, 1986 MEYNARDO TIRO'S REPLY TO VALMONTE

JUNE 20, 1986 VALMONTE HASN'T RECEIVED TIRO'S REPLY YET;

VALMONTE WROTE ANOTHER LETTER TO BELMONTE

JUNE 26, 1986 VALMONTE & OTHER PETITIONERS FILED THE INSTANT SUIT

List of names of the Batasang Pambansa members belonging to the opposition who were able to secure clean loans immediately before the February 7 election thru the intercession of the then First Lady Imelda Marcos

CTG of documents evidencing clean loans granted by GSIS

access to the public records for the subject information

FACTSISSUE: WHETHER OR NOT THE CASE IS COVERED BY THE PRINCIPLE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

HELD:

RD: THE CASE INVOLVES A QUESTION OF LAW WHICH ONLY THE REGULAR COURTS CAN HANDLE MORE COMPETENTLY THAN OTHER ADMINISTRATIVE

AGENCIES.

NO

Issues

ISSUES

1.LIST OF NAMES OF THE BATASANG PAMBANSA OPPOSITION MEMBERS WHO WERE ABLE TO

SECURE CLEAN LOANS GRANTED BY THE GSIS.

2.CERTIFIED TRUE COPIES OF THE DOCUMENTS EVIDENCING THE LOANS.

3.ACCESS TO THE PUBLIC RECORDS FOR THE SUBJECT INFORMATION.

Whether or not the petitioners are entitled to access to the documents evidencing loans granted by the GSIS.

Whether or not the petitioners are entitled to the list of the names of the Batasang Pambansa opposition members who were able to secure clean loans granted by the GSIS.

NO

#1

#2

YES

✔

Ratio Decipendi(ISSUE #1)

Whether or not the petitioners are entitled to access to the documents evidencing loans granted by the GSIS.

"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. "(Italics mine)

1.ENTITLEMENT TO PUBLIC INFORMATION, RECORDS, DOCUMENTS, AND THE LIKE IS A CONSTITUTIONAL RIGHT.

• ARTICLE III SEC. 7 OF THE 1987 PHILIPPINE CONSTITUTION

• ARTICLE IV SEC. 6 OF THE 1973 PHILIPPINE CONSTITUTION

• CONSTITUTIONAL POLICIES OF "FULL PUBLIC DISCLOSURE" (ART 2 SEC 28) AND HONESTY IN THE

PUBLIC SERVICE

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, shall be afforded the citizen subject to such limitations as may be provided by law. (Italics mine)

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.

2. THE DOCUMENTS REQUESTED BY THE PETITIONERS ARE WITHIN THE DEFINITION OF

"MATTERS OF PUBLIC CONCERN".

• GSIS IS A TRUSTEE OF CONTRIBUTIONS FROM THE GOVERNMENT AND ITS EMPLOYEES AND THE ADMINISTRATOR OF

VARIOUS INSURANCE PROGRAMS FOR THE BENEFIT OF THE LATTER.

• CONSIDERING THE NATURE OF ITS FUNDS, GSIS IS EXPECTED TO MANAGE ITS RESOURCES WITH UTMOST PRUDENCE AND

IN STRICT COMPLIANCE WITH THE PERTINENT LAWS OR RULES AND REGULATIONS.

• GSIS IS NOT SUPPOSED TO GRANT CLEAN LOANS.

3.THE INFORMATION SOUGHT BY THE PETITIONERS IS NOT AMONG THOSE

EXCLUDED BY LAW.

• THERE IS NO POLICY DECLARING CONFIDENTIAL RELATIONSHIP BETWEEN THE GSIS AND ITS

BORROWERS, AS OPPOSED TO WHAT THE RESPONDENT CLAIMS.

• THE RIGHT TO PRIVACY BELONGS TO THE INDIVIDUAL IN HIS PRIVATE CAPACITY.

• THE CONCERNED BORROWERS MAY NOT SUCCEED IF THE THEY THEMSELVES CHOOSE TO INVOKE THEIR

RIGHT TO PRIVACY.

• ALL NEGOTIATIONS, EITHER INCIDENTAL OR OTHERWISE, OF ALL AGENCIES, DEPARTMENTS,

MINISTRIES AND INSTRUMENTALITIES OF THE GOVERNMENT, SHALL BE FULLY DISCLOSED PUBLICLY.

Ratio Decipendi(ISSUE #2)

❌

Whether or not the petitioners are entitled to the list of the names of the Batasang Pambansa opposition members who were able to secure clean loans granted by the GSIS.

• THE CONSTITUTION DOES NOT ACCORD THE CITIZENS A RIGHT TO COMPEL

CUSTODIANS OF RECORDS TO PREPARE A LIST, ABSTRACTS, SUMMARIES,

AND THE LIKE IN THEIR DESIRE TO ACQUIRE INFORMATION ON MATTERS OF

PUBLIC CONCERN.