Chavez VS Public Estates Authority
Chavez VS Public Estates Authority
Chavez VS Public Estates Authority
ISSUE:
Whether or not the Constitutional Right to information includes official information on on-going negotiations
before a final agreement?
HELD:
YES. The constitutional right to information includes official information on on-going negotiations before a
final contract. The information, however, must constitute definite propositions by the government and should
not cover recognized exceptions like privileged information, military and diplomatic secrets and similar
matters affecting national security and public order. Congress has also prescribed other limitations on the
right to information in several legislations.
The State policy of full transparency in all transactions involving public interest reinforces the people's right
to information on matters of public concern. This State policy is expressed in Section 28, Article II of the
Constitution the right covers three categories of information which are "matters of public concern," namely:
(1) official records; (2) documents and papers pertaining to official acts, transactions and decisions; and (3)
government research data used in formulating policies. The first category refers to any document that is part
of the public records in the custody of government agencies or officials. The second category refers to
documents and papers recording, evidencing, establishing, conforming, supporting, justifying or explaining
official acts, transactions or decisions of government agencies or officials. The third category refers to
research data, whether raw, collated or processed, owned by the government and used in formulating
government policies.