For the Israeli

Topics: Ferdinand Marcos, Joseph Estrada, Administrative law Pages: 20 (6465 words) Published: August 23, 2013
LEGASPI VS. CIVIL SERVICE COMMISSION (May 29, 1987 ) Digest
Facts:
-Civil Service Commission denied Valentin Legaspi’s (petitioner) request for information on the civil service eligibilities of 2 people employed as sanitarians, Julian Sibonghanoy and Mariano Agas, in the Health Department in Cebu. -Petitioner claims that his right to information is guaranteed by the Constitution prays for the issuance of the extraordinary writ of mandamus to compel the respondent Commission to disclose said information. -the Solicitor General challenges the petitioner’s standing to sue upon the ground that the latter does not possess any legal right to be informed of the civil services eligibilities of the government employees concerned. -SolGen further argues that there is no ministerial duty on the part of the Commission to furnish the petitioner with the information he seeks.

Issue:
WON the petitioner has legal to access government records to validate the civil service eligibilities of the Health Department employees.

Held:
Civil Service Commission is ordered to open its register of eligible for the position of sanitarian, and to confirm or deny, the civil service eligibility of Julian Sibonghanoy and Mariano Agas, for said position in the Health Department of Cebu City, as requested by the petitioner Valentin L. Legaspi.

Ratio:
The petitioner, being a citizen who, as such is clothed with personality to seek redress for the alleged obstruction of the exercise of the public right. We find no cogent reason to deny his standing to bring the present suit.

- In recognizing the people's right to be informed, both the 1973 Constitution and the New Charter expressly mandate the duty of the State and its agents to afford access to official records, documents, papers and in addition, government research data used as basis for policy development, subject to such limitations as may be provided by law - 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. - Certainly, its performance cannot be made contingent upon the discretion of such agencies. Otherwise, the enjoyment of the constitutional right may be rendered nugatory by any whimsical exercise of agency discretion. - The constitutional duty, not being discretionary, its performance may be compelled by a writ of mandamus in a proper case. - But the constitutional guarantee to information on matters of public concern is not absolute. It does not open every door to any and all information. Under the Constitution, access to official records, papers, etc., are "subject to limitations as may be provided by law" (Art. III, Sec. 7, second sentence). The law may therefore exempt certain types of information from public scrutiny, such as those affecting national security. - It follows that, in every case, the availability of access to a particular public record must be circumscribed by the nature of the information sought, i.e., (a) being of public concern or one that involves public interest, and, (b) not being exempted by law from the operation of the constitutional guarantee. case of denial of access, the government agency has the burden of showing that the information requested is not of public concern, or, if it is of public concern, that the same has been exempted by law from the operation of the guarantee.

LEGASPI VS. CIVIL SERVICE COMMISSION (May 29, 1987 ) Digest

Facts:
- The respondent CSC had denied petitioner Valentin Legaspi’s request for information on the civil service eligibilities of Julian Sibonghanoy and Mariano Agas who were employed as sanitarians in the Health Department of Cebu City. Sibonghanoy and Agas had allegedly represented themselves as civil service eligible who passed the civil service examinations for sanitarians.

Claiming...
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