Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 79 views

    07 Legaspi vs. CSC

    Uploaded by

    Anonymous bOncqbp8yi
    This case involved a petitioner seeking information from the Civil Service Commission regarding the civil service eligibility of two individuals employed in the Health Department of Cebu City. The Court ruled that the petitioner had standing as a citizen to request this information, as there is a constitutional right to information on matters of public concern. The Civil Service Commission must release the requested information, as civil service exam results are considered public information, and no law exempts disclosure in this case. Government agencies do not have full discretion to refuse access to information that falls under public concern or interest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    07 Legaspi vs. CSC

    Uploaded by

    Anonymous bOncqbp8yi
    79 views1 page
    This case involved a petitioner seeking information from the Civil Service Commission regarding the civil service eligibility of two individuals employed in the Health Department of Cebu City. The Court ruled that the petitioner had standing as a citizen to request this information, as there is a constitutional right to information on matters of public concern. The Civil Service Commission must release the requested information, as civil service exam results are considered public information, and no law exempts disclosure in this case. Government agencies do not have full discretion to refuse access to information that falls under public concern or interest.

    Original Description:

    digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involved a petitioner seeking information from the Civil Service Commission regarding the civil service eligibility of two individuals employed in the Health Department of Cebu City. The Court ruled that the petitioner had standing as a citizen to request this information, as there is a constitutional right to information on matters of public concern. The Civil Service Commission must release the requested information, as civil service exam results are considered public information, and no law exempts disclosure in this case. Government agencies do not have full discretion to refuse access to information that falls under public concern or interest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views1 page

    07 Legaspi vs. CSC

    Uploaded by

    Anonymous bOncqbp8yi
    This case involved a petitioner seeking information from the Civil Service Commission regarding the civil service eligibility of two individuals employed in the Health Department of Cebu City. The Court ruled that the petitioner had standing as a citizen to request this information, as there is a constitutional right to information on matters of public concern. The Civil Service Commission must release the requested information, as civil service exam results are considered public information, and no law exempts disclosure in this case. Government agencies do not have full discretion to refuse access to information that falls under public concern or interest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Legaspi vs.

    Civil Service Commission

    Facts:

    - Petitioner Valentin L. Legaspi filed for Mandamus to compel respondent Civil Service
    Commission to release information on the civil service eligibilities of persons employed as
    sanitarians (Julian Sibonghanoy and Mariano Agas) in the Health department of Cebu City.
    - OSG contends that petitioner has no locus standi as he failed to show his actual interest.
    - The Court ruled however that the petition on mandamus is anchored upon the right of the
    people for information on matters of public concern which is a public right.
    o The petitioner being a citizen warrants standing in this part
    o The State and its agents are mandated by the constitution by virtue of sec. 7 Article III
    and Sec. 28, Article II. (Policy of Full public Disclosure)

    Issue:

    - Whether or not respondent should release the information. YES

    Ruling:

    - The constitutional right to information on matter of public information is grounded on Sec. 7


    Article III and Sec. 28, Article II of the 1987 Constitution. These are self-executory.
    o In the case at bar, the government agency Civil Service Commission does not have the
    discretion to prohibit the access to information sought. It only has the authority to
    regulate the manner of examination
    - These constitutional guarantees, however, are not absolute as they are “subject to the
    limitations as may be provided by law” (Art. III Sec. 7 2nd sentence). The information sought
    must not be exempted by law.
    o In the case at bar, the information is within the enumerations provided by law.
     The information sought to be retrieved sought relates to a public office which
    can be considered as a legitimate concern of citizens
     Respondent failed to cite any provision in the Civil Service Law which would
    limit the petitioner’s right to know who are, and who are not civil service eligible
    and
     Civil service exam results are released in the public.
    - Government agencies such as the Civil Service commission do not have the discretion in refusing
    disclosure of or access to information of public concern.
    - The information sought by petitioner is considered “public concern/ interest”.
    o There is no rigid test as the term “public concern/ interest” is broad. It is for the courts
    to determine if the information falls within public concern or public interest.

    You might also like