Valmonte Vs Belmonte

Valmonte vs Belmonte
FACTS:
Petitioners in this special civil action for mandamus with preliminary injunction invoke
their right to information and pray that respondent be directed: (a) to furnish
petitioners the list of the names of the Batasang Pambansa members belonging to the
UNIDO and PDP-Laban who were able to secure clean loans immediately before the
February 7 election thru the intercession/marginal note of the then First Lady Imelda
Marcos; and/or (b) to furnish petitioners with certified true copies of the documents
evidencing their respective loans; and/or (c) to allow petitioners access to the public
records for the subject information.
On June 20, 1986, apparently not having yet received the reply of the Government
Service and Insurance System (GSIS) Deputy General Counsel, petitioner Valmonte
wrote respondent another letter, saying that for failure to receive a reply, "We are
now considering ourselves free to do whatever action necessary within the premises to
pursue our desired objective in pursuance of public interest."
ISSUE:
Whether or not petitioners are entitled to access to the documents evidencing loans
granted by the GSIS.
HELD:
Respondent has failed to cite any law granting the GSIS the privilege of confidentiality
as regards the documents subject of this petition. His position is apparently based
merely on considerations of policy. The judiciary does not settle policy issues. The
Court can only declare what the law is, and not what the law should be. Under our
system of government, policy issues are within the domain of the political branches of
the government, and of the people themselves as the repository of all State power.
The concerned borrowers themselves may not succeed if they choose to invoke their
right to privacy, considering the public offices they were holding at the time the loans
were alleged to have been granted. It cannot be denied that because of the interest
they generate and their newsworthiness, public figures, most especially those holding
responsible positions in government, enjoy a more limited right to privacy as
compared to ordinary individuals, their actions being subject to closer public scrutiny
The "transactions" used here I suppose is generic and, therefore, it can cover both
steps leading to a contract, and already a consummated contract, Considering the
intent of the framers of the Constitution which, though not binding upon the Court, are
nevertheless persuasive, and considering further that government-owned and
controlled corporations, whether performing proprietary or governmental functions are
accountable to the people, the Court is convinced that transactions entered into by the
GSIS, a government-controlled corporation created by special legislation are within
the ambit of the people's right to be informed pursuant to the constitutional policy of
transparency in government dealings. Although citizens are afforded the right to
information and, pursuant thereto, are entitled to "access to official records," the
Constitution does not accord them a right to compel custodians of official records to
prepare lists, abstracts, summaries and the like in their desire to acquire information
on matters of public concern.
Principles:
In this system, governmental agencies and institutions operate within the limits of the
authority conferred by the people. Denied access to information on the inner...
workings of government, the citizenry can become prey to the whims and caprices of
those to whom the power had been delegated. The postulate of public office as a
public trust, institutionalized in the Constitution (in Art. XI, Sec. 1) to protect the
people from abuse of... governmental power, would certainly be mere empty words if
access to such information of public concern is denied, except under limitations
prescribed by implementing legislation adopted pursuant to the Constitution.
In sum, the pubic nature of the loanable funds of the GSIS and the public office held
by the alleged borrowers make the information sought clearly a matter of public
interest and concern.

Valmonte Vs Belmonte

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