Liberty of Abode; Right to Travel Villavicencio vs Lukban - A case digest

Facts: Justo Lukban as Manila City's Mayor together with Anton Hohmann, the city's Chief of Police, took custody of about 1 ! women at the night of "ctober #$ beyond the latters consent and knowledge and thereafter were shi%%ed to Mindanao s%ecifically in &a'ao where they were signed as laborers( )aid women are inmates of the houses of %rostitution situated in *ardenia )treet, in the district of )am%aloc( +hat when the %etitioner filed for habeas cor%us, the res%ondent mo'ed to dismiss the case saying that those women were already out of their ,urisdiction and that , it should be filed in the city of &a'ao instead( +he court ruled in fa'or of the %etitioner with the instructions.or the res%ondents to ha'e fulfilled the court's order, three o%tional courses were o%en/ 011 +hey could ha'e %roduced the bodies of the %ersons according to the command of the writ- or 0#1 they could ha'e shown by affida'it that on account of sickness or infirmity those %ersons could not safely be brought before the courtor 021 they could ha'e %resented affida'its to show that the %arties in 3uestion or their attorney wai'ed the right to be %resent( Issue: +he writ of Habeas Cor%us was filed by the %etitioner, with the %rayer that the res%ondent %roduce around 1 ! women whom Justo Lukban et, al de%orted to &a'ao( Liberty of abode was also raised 'ersus the %ower of the e4ecuti'e of the Munici%ality in de%orting the women without their knowledge in his ca%acity as Mayor( Held: +he court concluded the case by granting the %arties aggrie'ed the sum of 5!! %esos each, %lus 1!! %esos for nominal damage due to contem%t of court( 6easoning further that if the chief e4ecuti'e of any munici%ality in the Phili%%ines could forcibly and illegally take a %ri'ate citi7en and %lace him beyond the boundaries of the munici%ality, and then, when called u%on to defend his official action, could calmly fold his hands and claim that the %erson was under no restraint and that he, the official, had no ,urisdiction o'er this other munici%ality( 8e belie'e the true %rinci%le should be that, if the res%ondent is within the ,urisdiction of the court and has it in his %ower to obey the order of the court and thus to undo the wrong that he has inflicted, he should be com%elled to do so( 9'en if the %arty to whom the writ is addressed has illegally %arted with the

custody of a %erson before the a%%lication for the writ is no reason why the writ should not issue( :f the mayor and the chief of %olice, acting under no authority of law, could de%ort these women from the city of Manila to &a'ao, the same officials must necessarily ha'e the same means to return them from &a'ao to Manila( +he res%ondents, within the reach of %rocess, may not be %ermitted to restrain a fellow citi7en of her liberty by forcing her to change her domicile and to a'ow the act with im%unity in the courts, while the %erson who has lost her birthright of liberty has no effecti'e recourse( +he great writ of liberty may not thus be easily e'aded(

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Petitioner was charged with 'iolation of )ection # 051 of the re'ised securities act( 6es%ondent filed to cancel the %ass%ort of the %etitioner and to issue a hold de%arture order( +he 6+C ordered the &.A to cancel %etitioner;s %ass%ort, based on the finding that the %etitioner has not been arraigned and there was e'idence to show that the accused has left the country with out the knowledge and the %ermission of the court( Issue: 8hether or <ot the right to tra'el may be im%aired by order of the court( Held: +he bail bond %osted by %etitioner has been cancelled and warrant of arrest has been issued by reason that he failed to a%%ear at his arraignments( +here is a 'alid restriction on the right to tra'el, it is im%osed that the accused must make himself a'ailable whene'er the court re3uires his %resence( A %erson facing criminal charges may be restrained by the Court from lea'ing the country or, if abroad, com%elled to return 0Constitutional Law, Cru7, :sagani A(, 1=> 9dition, %( 12>1( )o it is also that ?An accused released on bail may be re@arrested without the necessity of a warrant if he attem%ts to de%art from the Phili%%ines without %rior %ermission of the Court where the case is %ending Article :::, )ection A of the 1=> Constitution should be inter%reted to mean that while the liberty of tra'el may be im%aired e'en without Court "rder, the a%%ro%riate e4ecuti'e officers or administrati'e authorities are not armed with arbitrary discretion to im%ose limitations( +hey can im%ose limits only on the basis of ?national security, %ublic safety, or %ublic health? and ?as may be %ro'ided by law,? a limiti'e %hrase which did not a%%ear in the 1= 2 te4t 0+he Constitution, Bernas, Joa3uin *(,)(J(, Col( :, .irst 9dition, 1=> , %( #A21( A%%arently, the %hraseology in the 1=> Constitution was a reaction to the ban on international tra'el im%osed under the %re'ious regime when there was a +ra'el Processing 1

Center, which issued certificates of eligibility to tra'el u%on a%%lication of an interested %arty 0)ee )alonga 's( Hermoso D +ra'el Processing Center, <o( $2A##, #$ A%ril 1=>!, = )C6A 1#11( Holding an accused in a criminal case within the reach of the Courts by %re'enting his de%arture from the Phili%%ines must be considered as a 'alid restriction on his right to tra'el so that he may be dealt with in accordance with law( +he offended %arty in any criminal %roceeding is the Peo%le of the Phili%%ines( :t is to their best interest that criminal %rosecutions should run their course and %roceed to finality without undue delay, with an accused holding himself amenable at all times to Court "rders and %rocesses

country as se%arate and distinct rights( 8hat the &eclaration s%eaks of is the ?right to freedom of mo'ement and residence within the borders of each state?( "n the other hand, the Co'enant guarantees the right to liberty of mo'ement and freedom to choose his residence and the right to be free to lea'e any country, including his own( )uch rights may only be restricted by laws %rotecting the national security, %ublic order, %ublic health or morals or the se%arate rights of others( Howe'er, right to enter one's country cannot be arbitrarily de%ri'ed( :t would be therefore ina%%ro%riate to construe the limitations to the right to return to ones country in the same conte4t as those %ertaining to the liberty of abode and the right to tra'el( +he Bill of rights treats only the liberty of abode and the right to tra'el, but it is a well considered 'iew that the right to return may be considered, as a generally acce%ted %rinci%le of :nternational Law and under our Constitution as %art of the law of the land( +he court held that President did not act arbitrarily or with gra'e abuse of discretion in determining that the return of the .ormer Pres( Marcos and his family %oses a serious threat to national interest and welfare( President A3uino has determined that the destabili7ation caused by the return of the Marcoses would wi%e away the gains achie'ed during the %ast few years after the Marcos regime( +he return of the Marcoses %oses a serious threat and therefore %rohibiting their return to the Phili%%ines, the instant %etition is hereby &:)M:))9&(

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+his case in'ol'es a %etition of mandamus and %rohibition asking the court to order the res%ondents )ecretary of .oreign Affairs, etc( +o issue a tra'el documents to former Pres( Marcos and the immediate members of his family and to en,oin the im%lementation of the President's decision to bar their return to the Phili%%ines( Petitioners assert that the right of the Marcoses to return in the Phili%%ines is guaranteed by the Bill of 6ights, s%ecifically )ections 1 and A( +hey contended that Pres( A3uino is without %ower to im%air the liberty of abode of the Marcoses because only a court may do so within the limits %rescribed by law( <or the President im%air their right to tra'el because no law has authori7ed her to do so( +hey further assert that under international law, their right to return to the Phili%%ines is guaranteed %articularly by the Eni'ersal &eclaration of Human 6ights and the :nternational Co'enant on Ci'il and Political 6ights, which has been ratified by the Phili%%ines( Issue: 8hether or not, in the e4ercise of the %owers granted by the constitution, the President 0A3uino1 may %rohibit the Marcoses from returning to the Phili%%ines Held: ?:t must be em%hasi7ed that the indi'idual right in'ol'ed is not the right to tra'el from the Phili%%ines to other countries or within the Phili%%ines( +hese are what the right to tra'el would normally connote( 9ssentially, the right in'ol'ed in this case at bar is the right to return to one's country, a distinct right under international law, inde%endent from although related to the right to tra'el( +hus, the Eni'ersal &eclaration of Human 6ights and the :nternational Co'enant on Ci'il and Political 6ights treat the right to freedom of mo'ement and abode within the territory of a state, the right to lea'e the country, and the right to enter one's

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Facts: Petitioner, Phil association of )er'ice 94%orters, :nc(, is engaged %rinci%ally in the recruitment of .ili%ino workers, male and female of o'erseas em%loyment( :t challenges the constitutional 'alidity of &e%t( "rder <o( 1 01==>1 of &"L9 entitled F*uidelines *o'erning the +em%orary )us%ension of &e%loyment of .ili%ino &omestic and Household 8orkers(G :t claims that such order is a discrimination against males and females( +he "rder does not a%%ly to all .ili%ino workers but only to domestic hel%ers and females with similar skills, and that it is in 'iolation of the right to tra'el, it also being an in'alid e4ercise of the lawmaking %ower( .urther, PA)9: in'okes )ec 2 of Art 12 of the Constitution, %ro'iding for worker %artici%ation in %olicy and decision@making %rocesses affecting their rights and benefits as may be %ro'ided by law( +hereafter the )olicitor *eneral on behalf of &"L9 submitting to the 'alidity of the challenged guidelines in'ol'ing the %olice %ower of the )tate and informed the court that the res%ondent ha'e lifted the de%loyment ban in some states where there e4ists bilateral agreement with the Phili%%ines and e4isting mechanism %ro'iding for sufficient safeguards to ensure the welfare and %rotection of the .ili%ino workers( Issue: 8hether or not there has been a 'alid classification in the challenged &e%artment "rder <o( 1( #

Held: )C in dismissing the %etition ruled that there has been 'alid classification, the .ili%ino female domestics working abroad were in a class by themsel'es, because of the s%ecial risk to which their class was e4%osed( +here is no 3uestion that "rder <o(1 a%%lies only to female contract workers but it does not thereby make an undue discrimination between se4es( :t is well settled hat e3uality before the law under the constitution does not im%ort a %erfect identity of rights among all men and women( :t admits of classification, %ro'ided that/ 1( )uch classification rests on substantial distinctions #( +hat they are germane to the %ur%ose of the law 2( +hey are not confined to e4isting conditions 5( +hey a%%ly e3ually to al members of the same class :n the case at bar, the classifications made, rest on substantial distinctions( &e%t( "rder <o( 1 does not im%air the right to tra'el( +he conse3uence of the de%loyment ban has on the right to tra'el does not im%air the right, as the right to tra'el is sub,ects among other things, to the re3uirements of F%ublic safetyG as may be %ro'ided by law( &e%loyment ban of female domestic hel%er is a 'alid e4ercise of %olice %ower( Police %ower as been defined as the state authority to enact legislation that may interfere with %ersonal liberty or %ro%erty in order to %romote general welfare( <either is there merit in the contention that &e%artment "rder <o( 1 constitutes an in'alid e4ercise of legislati'e %ower as the labor code 'est the &"L9 with rule making %owers(

Issue: 8hether or not the %etitioner has legal standing to bring the suit Held: +he %etitioner has firmly anchored his case u%on the right of the %eo%le to information on matters of %ublic concern, which, by its 'ery nature, is a %ublic right( :t has been held in the case of +anada 's( +u'era, 12A )C6A # , that when the 3uestion is one of %ublic right and the ob,ect of the mandamus is to %rocure the enforcement of a %ublic duty, the %eo%le are regarded as the real %arty in interest, and the %erson at whose instigation the %roceedings are instituted need not show that he has any legal or s%ecial interest in the result, it being sufficient to show that he is a citi7en and as such interested in the e4ecution of the laws( :t becomes a%%arent that when a mandamus %roceeding in'ol'es the assertion of a %ublic right, the re3uirement of %ersonal interest is satisfied by the mere fact that the %etitioner is a citi7en, and therefore, %art of the general %ublic which %ossesses the right( +he %etitioner, being a citi7en who as such, is clothed with %ersonality to seek redress for the alleged obstruction of the e4ercise of the %ublic right(

Val8onte vs# ;el8onte Facts: 6icardo Calmonte wrote .eliciano Belmonte Jr( on 5 June 1=>A, re3uesting to be?furnished with the list of names of the o%%osition members of 0the1 Batasang Pambansa whowere able to secure a clean loan of P# million each on guaranty 0sic1 of Mrs( :melda Marcos? and also to ?be furnished with the certified true co%ies of the documents e'idencing their loan(94%enses in connection herewith shall be borne by? Calmonte, et( al( &ue to serious legalim%lications, President D *eneral Manager .eliciano Belmonte, Jr( referred the letter to the&e%uty *eneral Counsel of the *):), Meynardo A( +iro( +iro re%lied that it is his o%inion ?that aconfidential relationshi% e4ists between the *):) and all those who borrow from it, whoe'er they may be- that the *):) has a duty to its customers to %reser'e this confidentiality- and that itwould not be %ro%er for the *):) to breach this confidentiality unless so ordered by the courts(?"n #! June 1=>A, a%%arently not ha'ing yet recei'ed the re%ly of the *o'ernment )er'ice and:nsurance )ystem 0*):)1 &e%uty *eneral Counsel, Calmonte wrote Belmonte another letter,saying that for failure to recei'e a re%ly ?081e are now considering oursel'es free to do whate'er action necessary within the %remises to %ursue our desired ob,ecti'e in %ursuance of %ublicinterest(? "n #A June 1=>A, 6icardo Calmonte, "swaldo Carbonell, &oy &el Castillo, 6olandoBartolome, Leo "bligar, Jun *utierre7, 6eynaldo Bagatsing, Jun ?<inoy? Alba, Percy La%id,6ommel Corro, and 6olando .adul filed a s%ecial ci'il action for mandamus with %reliminaryin,unction in'oke their right to information and %ray that Belmonte be directed/ 0a1 to furnishCalmonte, et( al( the list of the names of the Batasang Pambansa members belonging to theE<:&" and P&P@Laban who were able to secure clean loans immediately before the .ebruary election thru the intercessionHmarginal note of 2

Right to Infor8ation Legas9i vs# $ $ .#R# 4o# L-+0((): 3ay 0): ()1+ Facts: +he res%ondent C)C had denied %etitioner Calentin Legas%i;s re3uest for information on the ci'il ser'ice eligibilities of Julian )ibonghanoy and Mariano Agas who were em%loyed as sanitarians in the Health &e%artment of Cebu City( )ibonghanoy and Agas had allegedly re%resented themsel'es as ci'il ser'ice eligibles who %assed the ci'il ser'ice e4aminations for sanitarians( Claiming that his right to be informed of the eligibilities of )ibonghanoy and Agas is guaranteed by the Constitution, and that he has no other %lain, s%eedy and ade3uate remedy to ac3uire the information, %etitioner %rays for the issuance of the e4traordinary writ of mandamus to com%el the res%ondent C)C to disclose said information( +he res%ondent C)C takes issue on the %ersonality of the %etitioner to bring the suit( :t is asserted that the %etition is bereft of any allegation of Legas%i;s actual interest in the ci'il ser'ice eligibilities of )ibonghanoy and Agas(

the then .irst Lady :melda Marcos- andHor 0b1 tofurnish %etitioners with certified true co%ies of the documents e'idencing their res%ecti'e loans-andHor 0c1 to allow %etitioners access to the %ublic records for the sub,ect information( Issue: 8hether Calmonte, et( al( are entitled as citi7ens and ta4%ayers to in3uire u%on *):)records on behest loans gi'en by the former .irst Lady :melda Marcos to Batasang Pambansamembers belonging to the E<:&" and P&P@Laban %olitical %arties( Held: +he *):) is a trustee of contributions from the go'ernment and its em%loyees and theadministrator of 'arious insurance %rograms for the benefit of the latter( Endeniably, its fundsassume a %ublic character( More %articularly, )ecs( $0b1 and 5A of P& 115A, as amended 0the6e'ised *o'ernment )er'ice :nsurance Act of 1= 1, %ro'ide for annual a%%ro%riations to %aythe contributions, %remiums, interest and other amounts %ayable to *):) by the go'ernment, asem%loyer, as well as the obligations which the 6e%ublic of the Phili%%ines assumes or guaranteesto %ay( Considering the nature of its funds, the *):) is e4%ected to manage its resources withutmost %rudence and in strict com%liance with the %ertinent laws or rules and regulations( +hus,one of the reasons that %rom%ted the re'ision of the old *):) law 0CA 1>A, as amended1 was thenecessity ?to %reser'e at all times the actuarial sol'ency of the funds administered by the)ystems I)econd 8hereas Clause, P& 115A(J Conse3uently, as .eliciano Belmonte himself admits, the *):) ?is not su%%osed to grant 'clean loans('? :t is therefore the legitimate concern of the %ublic to ensure that these funds are managed %ro%erly with the end in 'iew of ma4imi7ingthe benefits that accrue to the insured go'ernment em%loyees( Moreo'er, the su%%osed borrowerswere Members of the defunct Batasang Pambansa who themsel'es a%%ro%riated funds for the*):) and were therefore e4%ected to be the first to see to it that the *):) %erformed its taskswith the greatest degree of fidelity and that all its transactions were abo'e board( :n sum, the%ublic nature of the loanable funds of the *):) and the %ublic office held by the allegedborrowers make the information sought clearly a matter of %ublic interest and concern( )till,Belmonte maintains that a confidential relationshi% e4ists between the *):) and its borrowers( :tis argued that a %olicy of confidentiality restricts the indiscriminate dissemination of information( Ket, Belmonte has failed to cite any law granting the *):) the %ri'ilege of confidentiality asregards the documents sub,ect of the %resent %etition( His %osition is a%%arently based merely onconsiderations of %olicy( +he ,udiciary does not settle %olicy issues( +he Court can only declarewhat the law is, and not what the law should be( Ender our system of go'ernment, %olicy issuesare within the domain of the %olitical branches of the go'ernment, and of the %eo%le themsel'esas the re%ository of all )tate %ower 6ight to :nformation, access to %ublic documents CHAC9L 's P69):&9<+:AL

C"MM:)):"< "< *""& *"C96<M9<+.acts/ @Petitioner .rancisco : Cha'e7 0in his ca%acity as ta4%ayer, citi7en and a former go'ernmentofficial1 initiated this original action seeking011 to %rohibit and Fen,oin res%ondents IPC** and its chairmanJ from %ri'ately enteringinto, %erfecting andHor e4ecuting any agreement with the heirs of the late President .erdinand 9(Marcos ( ( ( relating to and concerning the %ro%erties and assets of .erdinand Marcos located inthe Phili%%ines andHor abroad M including the so@called Marcos gold hoard?- and0#1 to Fcom%el res%ondentIsJ to make %ublic all negotiations and agreement, be theyongoing or %erfected, and all documents related to or relating to such negotiations andagreement between the PC** and the Marcos heirs(?@ Cha'e7 is the same %erson initiated the %rosecution of the Marcoses and their cronies whocommitted unmitigated %lunder of the %ublic treasury and the systematic sub,ugation of thecountry's economy- he says that what im%elled him to bring this action were se'eral newsre%orts # bannered in a number of broadsheets sometime in )e%tember 1== ( +hese news itemsreferred to 011 the alleged disco'ery of billions of dollars of Marcos assets de%osited in 'ariouscoded accounts in )wiss banks- and 0#1 the re%orted e4ecution of a com%romise, between thego'ernment 0through PC**1 and the Marcos heirs, on how to s%lit or share these assets(@P9+:+:"<96 &9MA<&) that res%ondents make %ublic any and all negotiations and agreements%ertaining to PC**'s task of reco'ering the Marcoses' ill@gotten wealth( He claims that anycom%romise on the alleged billions of ill@gotten wealth in'ol'es an issue of ?%aramount %ublicinterest,? since it has a ?debilitating effect on the country's economy? that would be greatly%re,udicial to the national interest of the .ili%ino %eo%le( Hence, the %eo%le in general ha'e aright to know the transactions or deals being contri'ed and effected by the go'ernment(@69)P"<&9<+ A<)896) that they do not deny forging a com%romise agreement with theMarcos heirs( +hey claim, though, that %etitioner's action is %remature, because there is noshowing that he has asked the PC** to disclose the negotiations and the Agreements( And e'enif he has, PC** may not yet be com%elled to make any disclosure, since the %ro%osed terms andconditions of the Agreements ha'e not become effecti'e and binding(@P9+:+:"<96 :<C"N9) )ec( IArticle :::J( +he right of the %eo%le to information on matters of %ublic concern shall berecogni7ed( Access to official records, and to documents, and %a%ers %ertaining to official acts,transactions, or decisions, as well as to go'ernment research data used as basis for %olicy de'elo%ment,shall be afforded the citi7en, sub,ect to such limitations as may be %ro'ided by law()ec( #> IArticle ::J( )ub,ect to reasonable conditions %rescribed by law, the )tate ado%ts and im%lements a %olicy of full %ublic disclosure of all its transactions in'ol'ing %ublic interest(

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6ight to :nformation, access to %ublic documents CHAC9L 's P69):&9<+:AL C"MM:)):"< "< *""& *"C96<M9<+ 5

Facts:Petitioner .rancisco : Cha'e7 0in his ca%acity as ta4%ayer, citi7en and a former go'ernmentofficial1 initiated this original action seeking 011 to %rohibit and en,oin res%ondents IPC** and itschairmanJ from %ri'ately entering into, %erfecting andHor e4ecuting any agreement with the heirs of the late President .erdinand 9( Marcos ( ( ( relating to and concerning the %ro%erties and assets of .erdinand Marcos located in the Phili%%ines andHor abroad including the so@ called Marcos gold hoard?- and 0#1 to com%el res%ondentIsJ to make %ublic all negotiations and agreement, be they ongoing or %erfected, and all documents related to or relating to such negotiations and agreement between the PC** and the Marcos heirs(?@Cha'e7 is the same %erson initiated the %rosecution of the Marcoses and their cronies who committed unmitigated %lunder of the %ublic treasury and the systematic sub,ugation of the country;s economy- he says that what im%elled him to bring this action were se'eral news re%orts # bannered in a number of broadsheets sometime in )e%tember 1== ( +hese news items referred to 011 the alleged disco'ery of billions of dollars of Marcos assets de%osited in 'arious coded accounts in )wiss banks- and 0#1 the re%orted e4ecution of a com%romise, between the go'ernment 0through PC**1 and the Marcos heirs, on how to s%lit or share these assets(@P9+:+:"<96 &9MA<&) that res%ondents make %ublic any and all negotiations and agreements %ertaining to PC**'s task of reco'ering the Marcoses' ill@gotten wealth( He claims that any com%romise on the alleged billions of ill@gotten wealth in'ol'es an issue of ?%aramount %ublic interest,? since it has a ?debilitating effect on the country's economy? that would be greatly%re,udicial to the national interest of the .ili%ino %eo%le( Hence, the %eo%le in general ha'e aright to know the transactions or deals being contri'ed and effected by the go'ernment(@69)P"<&9<+ A<)896) that they do not deny forging a com%romise agreement with theMarcos heirs( +hey claim, though, that %etitioner's action is %remature, because there is noshowing that he has asked the PC** to disclose the negotiations and the Agreements( And e'en if hehas, PC** may not yet be com%elled to make any disclosure, since the %ro%osed terms andconditions of the Agreements ha'e not become effecti'e and binding(@ P9+:+:"<96 :<C"N9) )ec( IArticle :::J( +he right of the %eo%le to information on matters of %ublicconcern shall be recogni7ed( Access to official records, and to documents, and %a%ers %ertaining toofficial acts, transactions, or decisions, as well as to go'ernment research data used as basis for%olicy de'elo%ment, shall be afforded the citi7en, sub,ect to such limitations as may be %ro'ided bylaw()ec( #> IArticle ::J( )ub,ect to reasonable conditions %rescribed by law, the )tate ado%ts andim%lements a %olicy of full %ublic disclosure of all its transactions in'ol'ing %ublic interest(@69)P"<&9<+ A<)896) that the abo'e constitutional %ro'isions refer to com%leted ando%erati'e official acts, not to those still being considered( Issue: 8hether or not the Court could re3uire the PC** to disclose to the %ublic the details of any agreement, %erfected or not, with the Marcoses( Ruling:

8H969."69, the %etition is *6A<+9&( +he *eneral and )u%%lemental Agreement dated &ecember #>, 1==2, which PC** and the Marcos heirs entered into are hereby declared<ELL A<& C":& for being contrary to law and the Constitution( 6es%ondent PC**, its officers andall go'ernment functionaries and officials who are or may be directly ot indirectly in'ol'ed in thereco'ery of the alleged ill@ gotten wealth of the Marcoses and their associates are &:69C+9& to disclose to the %ublic the terms of any %ro%osed com%romise settlment, as well as the finalagreement, relating to such alleged ill@gotten wealth, in accordance with the discussionsembodied in this &ecision( <o %ronouncement as to cost( R5:+he ?information? and the ?transactions? referred to in the sub,ect %ro'isions of the Constitution ha'e as yet no defined sco%e and e4tent( +here are no s%ecific laws %rescribing the e4actlimitations within which the right may be e4ercised or the correlati'e state duty may be obliged(Howe'er, the following are some of the recogni7ed restrictions/011 national security matters and intelligence information@ there is a go'ernmental %ri'ilege against %ublic disclosure with res%ect to state secretsregarding military, di%lomatic and other national security matters( #5 But where there isno need to %rotect such state secrets, the %ri'ilege may not be in'oked to withholddocuments and other information, #$ %ro'ided that they are e4amined ?in strictconfidence? and gi'en ?scru%ulous %rotection(? 0#1 trade secrets and banking transactions@trade or industrial secrets 0%ursuant to the :ntellectual Pro%erty Code # and other relatedlaws1 as well as banking transactions 0%ursuant to the )ecrecy of Bank &e%osits Act #>1are also e4em%ted from com%ulsory disclosure 021 criminal matters@ Also e4cluded are classified law enforcement matters, such as those relating to thea%%rehension, the %rosecution and the detention of criminals, which courts neither maynor in3uire into %rior to such arrest, detention and %rosecution( 9fforts at effecti'e lawenforcement would be seriously ,eo%ardi7ed by free %ublic access to, for e4am%le, %oliceinformation regarding rescue o%erations, the whereabouts of fugiti'es, or leads on co'ertcriminal acti'ities(051 other confidential information(@ +he 9thical )tandards Act 21 further %rohibits %ublic officials and em%loyees from usingor di'ulging ?confidential or classified information officially known to them by reason of their office and not made a'ailable to the %ublic(? "ther acknowledged limitations toinformation access include di%lomatic corres%ondence, closed door Cabinet meetings ande4ecuti'e sessions of either house of Congress, as well as the internal deliberations of the)u%reme Court( @ :n Calmonte '( Belmonte Jr(, the Court em%hasi7ed that the information sought must be ?matters of %ublic concern,? access to which may be limited by law( )imilarly, the state %olicy of full %ublic disclosure e4tends only to ?transactions in'ol'ing %ublic interest? and may also be?sub,ect to reasonable conditions %rescribed by law(?@ As to the meanings of the terms ?%ublic interest? and ?%ublic concern,? the Court, in Legas%i '(Ci'il )er'ice Commission, elucidated/ :n determining whether or not a %articular information isof %ublic concern there is no rigid test which can be a%%lied( Public concern? like ?%ublicinterest? is a term $

that eludes e4act definition( Both terms embrace a broad s%ectrum of sub,ectswhich the %ublic may want to know, either because these directly affect their li'es, or sim%ly becausesuch matters naturally arouse the interest of an ordinary citi7en( :n the final analysis, it is for thecourts to determine on a case by case basis whether the matter at issue is of interest or im%ortance,as it relates to or affects the %ublic(@As to whether or not the abo'e cited constitutional %ro'isions guarantee access to informationregarding ongoing negotiations or %ro%osals %rior to the final agreement, this same clarification wassought and clearly addressed by the constitutional commissioners during their deliberations, M6()EA69L( And when we say ?transactions? which should be distinguished from contracts, agreements,or treaties or whate'er, does the *entleman refer to the ste%s leading to the consummation of thecontract, or does he refer to the contract itselfOM6( "PL9( +he ?transactions? used here, : su%%ose, is generic and, therefore, it can co'er bothste%s leading to a contract, and already a consummated contract, Mr( Presiding "fficer(

R!A "4I4.: +he *6P is re3uired by this law to carry out %ublic consultations on both national and local le'els to build consensus for %eace agenda and %rocess and the mobili7ation and facilitation of %eo%le;s %artici%ation in the %eace %rocess(

Article ::: 0Bill of 6ights1 )ec( ( +he right of %eo%le on matters of %ublic concern shall be recogni7ed, access to official records and to documents and %a%ers %ertaining to official acts, transactions, or decisions, as well as to go'ernment research data used as basis for %olicy de'elo%ment shall be afforded the citi7en, sub,ect to such limitations as may be %ro'ided by law(

4orth cotabato vs# .R& gr no# (16*)(

Article :: )ec( #>( )ub,ect to reasonable conditions %rescribed by law , that state ado%ts and im%lements a %olicy of full %ublic disclosure of all its transactions in'ol'ing %ublic interest(

FA$T : +he Memorandum of Agreement on the Ancestral &omain 0M"A@A&1 brought about by the *o'ernment of the re%ublic of the Phili%%ines 0*6P1 and the Moro :slamic Liberation .ront 0M:L.1 as an as%ect of +ri%oli Agreement of Peace in #!!1 is scheduled to be signed in Nuala Lum%ur, Malaysia( +his agreement was %etitioned by the Pro'ince of <orth Cotabato for Mandamus and Prohibition with Prayer for the :ssuance of 8rit of Preliminary :n,unction and +em%orary 6estraining "rder( +he agreement mentions ?Bangsamoro Juridical 9ntity? 0BJ91 to which it grants the authority and ,urisdiction o'er the Ancestral &omain and Ancestral Lands of the Bangsamoro- authority and ,urisdiction o'er all natural resources within internal waters( +he agreement is com%osed of two local statutes/ the organic act for autonomous region in Muslim Mindanao and the :ndigenous Peo%le;s 6ights Act 0:P6A1(

L*C 01==11, Fre3uire all national agencies and officers to conduct %eriodic consultations( <o %ro,ect or %rogram be im%lemented unless such consultations are com%lied with and a%%ro'al mus be obtained(G

Article C:: 094ecuti'e &e%artment1

I %!/ 8hether or not the *6P 'iolated the Constitutional and statutory %ro'isions on %ublic consultation and the right to information when they negotiated and initiated the M"A@A& and 8hether or not the M"A@A& brought by the *6P and M:L. is constitutional

)ec( #1( <o treaty or international agreement shall be 'alid and effecti'e unless concurred in by at least two@thirds of all the Members of the )enate(

Article P( 0Local *o'ernment1 )ec( 1( +he territorial and %olitical subdi'isions of the 6e%ublic of the Phili%%ines are the %ro'ince, cities, munici%alities and barangays( +here shall be autonomous regions on Muslim Mindanao and the Cordillera as hereinafter %ro'ided(

H!L5: *6P 'iolated the Constitutional and statutory %ro'isions on %ublic consultation and the right to information when they negotiated and initiated the M"A@A& and it are unconstitutional because it is contrary to law and the %ro'isions of the constitution thereof(

+he President has sole authority in the treaty@making( )ec( 1$( +here shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of %ro'inces, cities, munici%alities and geogra%hical areas sharing common and distincti'e historical and cultural heritage, economic and social structures and other rele'ant characteristics within the framework of this constitution and the national so'ereignty as well as territorial integrity of the 6e%ublic of the Phili%%ines(

A6+:CL9 PC:: 0AM9<&M9<+) "6 69C:):"<)1

)ection 1( Any amendment to, or re'ision of, this Constitution may be %ro%osed by/ 1( +he Congress, u%on a 'ote of three@fourths of all its Members- or #( A constitutional con'ention(

)ection 1A( +he President shall e4ercise general su%er'ision o'er autonomous regions to ensure that laws are faithfully e4ecuted(

)ec( 1>( +he creation of autonomous region shall be effecti'e when a%%ro'ed by a ma,ority of the 'otes cast by the constituents units in a %lebiscite called for the %ur%ose, %ro'ided that only %ro'inces, cities and geogra%hic areas 'oting fa'ourably in such %lebiscite shall be included in the autonomous region(

)ection 5( Any amendment to, or re'ision of, this Constitution under )ection 1 hereof shall be 'alid when ratified by a ma,ority of the 'otes cast in a %lebiscite which shall be held not earlier than si4ty days nor later than ninety days after the a%%ro'al of such amendment or re'ision(

)ec( #!( 8ithin its territorial ,urisdiction and sub,ect to the %ro'isions of this Constitution and national laws, the organic act of autonomous regions shall %ro'ide for legislati'e %owers o'er/ 1( Administrati'e organi7ation#( Creation of sources of re'enues2( Ancestral domain and natural resources5( Personal, family, and %ro%erty relations$( 6egional urban and rural %lanning de'elo%mentA( 9conomic, social, and tourism de'elo%ment( 9ducational %olicies>( Preser'ation and de'elo%ment of the cultural heritage- and =( )uch other matters as may be authori7ed by law for the %romotion of the general welfare of the %eo%le of the region(

M"A@A& states that all %ro'isions thereof which cannot be reconciled with the %resent constitution and laws Fshall come into force u%on signing of a com%rehensi'e com%act and u%on effecting the necessary changes to the legal framework(G +he %resident;s authority is limited to %ro%osing constitutional amendments( )he cannot guarantee to any third %arty that the re3uired amendments will e'entually be %ut in %lace nor e'en be submitted to a %lebiscite( M"A@A& itself %resents the need to amend therein(