Wednesday, February 29, 2012

doctrines: judicial privilege

If the doctrine on executive privilege is nothing but a constitutional myth then judicial privilege is a mythical monster against the freedom of information enshrined in Article III on the Bill of Rights of the '87 Philippine Constitution.

The charter expressly provides: " SEC. 7. - The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law."

There are no known exceptions as far as i know except that the demand for information should not burden the bureaucracy in the manner of preparation with regard to matters of public record demanded by its citizen. We are after all in the 'age of information' and technology is the tool in which the right is sufficiently served.

That was before Ermita v. Senate came. There are also qualified exceptions towards state secrets with regard to the 'security of the state'. 

However, in the Supreme Court, where citizens invoke its adjudicative power with regard to controversies to enforce a right that was violated, the beast just doesn't square off.

In addition, a party litigant may invoke to keep the record of a decided case in private and not be a part of the public records but which is of course a different matter as this matter has got something to do with the individual's right to privacy. It is not something that the court may invoke. It is not the right of the court.

        code on information
        lord bingham on the rule of law


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