Baldoza v. Dimaano
Baldoza v. Dimaano
Baldoza v. Dimaano
SYNOPSIS
SYLLABUS
RESOLUTION
ANTONIO , J : p
The case was thereupon referred to Judge Francisco Mat. Riodique for
investigation and report. At the preliminary hearing on October 16, 1975, Taal Mayor
Corazon A. Cañiza led a motion to dismiss the complaint to preserve harmony and
cooperation among o cers in the same municipality. This motion was denied by the
Investigating Judge, but after formal investigation, he recommended the exoneration of
respondent. Pertinent portion of his report reads as follows: LLphil
". . . When this case was heard, complainant Dominador Baldoza informed
the Court that he is aware of the motion to dismiss led by Mayor Corazon A.
Cañiza and that he is in conformity with the dismissal of the administrative
charge against Judge Rodolfo Dimaano, The Court asked him if he could prove
his case and he said he can. So, the Court denied his oral motion to dismiss and
required him to present his evidence. Complainant only manifested to the Court
that he has no oral evidence. The only evidence he has are the exchanged
communication which were all in writing and attached to the record between him
and the respondent. The Court asked the respondent what he has to say on the
documentary evidence of the complainant. He manifested that all his answers to
the complaint are all embodied in his answers filed with the Court.
"A careful perusal, scrutiny, and study of the communications between the
complainant and the respondent, together with the answers led by the latter,
reveal that there is no showing of abuse of authority on the part of the
respondent. The respondent allowed the complainant to open and view the docket
books of the respondent under certain conditions and under his control and
supervision. Complainant admitted that he was aware of the rules and conditions
imposed by the respondent when he went to his o ce to view his docket books
for the purpose mentioned in his communication. He also agreed that he is
amenable to such rules and conditions which the respondent may impose. Under
these conditions, therefore, the Court nds that the respondent has not committed
any abuse of authority.
"The complainant was warned to be more cautious in ling any
administrative charge against any public o cial especially, members of the
judiciary, considering that an administrative charge against a member of the
judiciary may expose the latter to public ridicule and scandal thereby minimizing
if not eradicating public trust and confidence."
The concurring opinion of Justice Briones predicated such right not on statutory
grounds merely but on the constitutional right of the press to have access to
information as the essence of press freedom. 3
The New Constitution now expressly recognizes that the people are entitled to
information on matters of public concern and thus are expressly granted access to
o cial records, as well as documents of o cial acts, or transactions, or decisions,
subject to such limitations imposed by law. 4 The incorporation of this right in the
Constitution is a recognition of the fundamental role of free exchange of information in
a democracy. There can be no realistic perception by the public of the nation's
problems, nor a meaningful democratic decision-making if they are denied access to
information of general interest. Information is needed to enable the members of
society to cope with the exigencies of the times. As has been aptly observed:
"Maintaining the ow of such information depends on protection for both its
acquisition and its dissemination since, if either process is interrupted, the ow
inevitably ceases." 5 However, restrictions on access to certain records may be
imposed by law. Thus, access restrictions imposed to control civil insurrection have
been permitted upon a showing of immediate and impending danger that renders
ordinary means of control inadequate to maintain order. 6
WHEREFORE, the case against respondent is hereby dismissed.
Fernando (Actg. C.J.), Barredo (Actg. Chairman), Aquino and Martin, JJ., concur.
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Concepcion, Jr., J., is on leave.
Martin, J., was designated to sit in the Second Division.
Footnotes