Right of Information

Right of Information

      Section 7. The right of the people to information on matters of public concern shall be recognized. Access to public 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 citizens, subject to such limitations as may be provided by law.

      The recognition of the people's right to information on matters of public concern is verbatim reproduction of Section 6 of Article IV of the 1973 Constitution.

   Within living memory, this particular individual right to information has not been enjoyed by the people themselves as a whole for the simple reason that access to public records of whatever nature had been deliberately made difficult to overcome since the same is invariably saddled with so much unnecessary red tapes.

   The exercise of this right, however, is subject to permissible restrictions that maybe prescribed by law. For any sanction for the recognition or enforcement of this rule shall hereafter be considered impressed with proper constitutional safeguard.The limitation of this right that the law may prescribed must be consistent with the intendment of this particular constitutional mandate. For instance, a law may be enforced prescribing the time and the place where this right may be exercised which must not, however, impair said right of access and information.

   The rationale given for maintaining the mandate provided under Section 6, Article IV of the 1973 Constitution now  Section 7, includes the following:

      a) This particular provision is consistent with the time-honored doctrine of popular sovereignty. Republican and democratic states have constitutionally vested upon the sovereign people the right of access to all public records covering matters of public concern.

      b) It will prevent the commission of graft and corruption in the government, since all government functionaries from top to bottom are presumed to be well aware of the fact that their acts tainted with irregularities of whatever nature shall be the basis of their respective prosecution before the court.

      c) It will encourage the people to participate in the affairs of the government; in proper cases, they can be effective fiscalizer against any abuse of powers by public officials.

      In fie, the people have the right to know what the government is doing for them, considering its acts are public acts; that is, these acts are impressed with public concern. Public functionaries should not hide their acts from the public eye. So that where he attempts to hide his official acts, it is said that the "beam of light must be focused on him", consistent with the adage that "he who does evil hates the lights".