Scribd Logo
Upload

Welcome to Scribd!

  • 44 views

    2.# National#Security#Matters#: ! Page!1!of!1!

    Uploaded by

    livid
    This document summarizes a Supreme Court of the Philippines case regarding Francisco Chavez's demand that the Philippine Coconut Authority (PCGG) make public any negotiations or agreements pertaining to recovering the alleged ill-gotten wealth of the Marcoses and their associates. The Court ruled that the PCGG must disclose sufficient information on any proposed settlement agreements to the public, as the people have a right to information on matters of public concern. However, there are limitations including matters of national security, criminal investigations, and other confidential information. The PCGG agreements with the Marcos heirs were declared null and void for being contrary to law and the Constitution.

    Copyright:

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

    2.# National#Security#Matters#: ! Page!1!of!1!

    Uploaded by

    livid
    44 views1 page
    This document summarizes a Supreme Court of the Philippines case regarding Francisco Chavez's demand that the Philippine Coconut Authority (PCGG) make public any negotiations or agreements pertaining to recovering the alleged ill-gotten wealth of the Marcoses and their associates. The Court ruled that the PCGG must disclose sufficient information on any proposed settlement agreements to the public, as the people have a right to information on matters of public concern. However, there are limitations including matters of national security, criminal investigations, and other confidential information. The PCGG agreements with the Marcos heirs were declared null and void for being contrary to law and the Constitution.

    Original Description:

    sadasdasdasdas

    Original Title

    asdasdasdas

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document summarizes a Supreme Court of the Philippines case regarding Francisco Chavez's demand that the Philippine Coconut Authority (PCGG) make public any negotiations or agreements pertaining to recovering the alleged ill-gotten wealth of the Marcoses and their associates. The Court ruled that the PCGG must disclose sufficient information on any proposed settlement agreements to the public, as the people have a right to information on matters of public concern. However, there are limitations including matters of national security, criminal investigations, and other confidential information. The PCGG agreements with the Marcos heirs were declared null and void for being contrary to law and the Constitution.

    Copyright:

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

    2.# National#Security#Matters#: ! Page!1!of!1!

    Uploaded by

    livid
    This document summarizes a Supreme Court of the Philippines case regarding Francisco Chavez's demand that the Philippine Coconut Authority (PCGG) make public any negotiations or agreements pertaining to recovering the alleged ill-gotten wealth of the Marcoses and their associates. The Court ruled that the PCGG must disclose sufficient information on any proposed settlement agreements to the public, as the people have a right to information on matters of public concern. However, there are limitations including matters of national security, criminal investigations, and other confidential information. The PCGG agreements with the Marcos heirs were declared null and void for being contrary to law and the Constitution.

    Copyright:

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

    Chavez'v.'PCGG'(Short!title)! c.! (3)!criminal!matters,!and!!

    G.R.'No.'130716'|'299'SCRA'744'|'December'9,'1998' d.! (4)!other!confidential!information.!


    Petitioner:'FRANCISCO'I.'CHAVEZ' 2.# National#Security#Matters#
    Respondents:' PCGG' and' MAGTANGGOL' GUNIGUNDO,' (in' his' capacity' as' a.! This!jurisdiction!recognizes' the' common' law' holding' that' there'
    chairman'of'the'PCGG)' is' a' governmental' privilege' against' public' disclosure! with!
    PetitionerVinVintervention:! GLORIA'A.'JOPSON,'CELNAN'A.'JOPSON,'SCARLET' respect! to! state! secrets! regarding! military,! diplomatic! and! other!
    A.'JOPSON,'and'TERESA'A.'JOPSON' national!security!matters.!But' where' there' is' no' need' to' protect'
    ' such'state'secrets,'the'privilege'may'not'be'invoked'to!withhold!
    DOCTRINE' documents!and!other!information,!provided!that!they!are!examined!
    The! Right! to! information! is! not! limited! to! consummated! transactions,! it! includes! “in!strict!confidence”!and!given!“scrupulous!protection.”!
    exploratory!stage!of!the!transaction.! 3.' The'word'“Transactions”'in'the'Constitution,! cover'both'steps'leading'
    ! to'a'contract,'and'already'a'consummated'contract.''
    FACTS!! a.! Hence,!it!is!incumbent!upon!the!PCGG!and!its!officers,!as!well!as!
    1.! Francisco!I.!Chavez,!as!taxpayer,!citizen!and!former!government!official!who! other! government! representatives,! to! disclose! sufficient! public!
    initiated! the! prosecution! of! the! Marcoses! and! their! cronies,! demands! that! information!on!any!proposed!settlement!they!have!decided!to!take!
    PCGG! make! public! any! and! all! negotiations! and! agreements! pertaining! to! up!with!the!ostensible!owners!and!holders!of!illIgotten!wealth.!
    PCGG’s!task!of!recovering!the!Marcoses’!illIgotten!wealth.! '
    2.! Chavez! alleged! billions! of! illIgotten! wealth! involves! an! issue! of! “paramount! DISPOSITION!
    public! interest”.! Hence,! the! people! in! general! have! a! right! to! know! the! WHEREFORE,! the! petition! is! GRANTED.! ! The! General! and! Supplemental!
    transactions!or!deals!being!contrived!and!effected!by!the!government.! Agreements! dated! December! 28,! 1993,! which! PCGG! and! the! Marcos! heirs! entered!
    3.! PCGG!claim!that!Chavez’s!action!is!premature,!because!there!is!no!showing! into! are! hereby! declared! NULL! ! AND! VOID! for! being! contrary! to! law! and! the!
    that! he! has! asked! the! PCGG! to! disclose! the! negotiations! and! the! Constitution.! ! Respondent! PCGG,! its! officers! and! all! government! functionaries! and!
    Agreements.! officials!who!are!or!may!be!directly!!or!!indirectly!!involved!!in!!the!!recovery!!of!!the!!
    4.! PCGG!also!claim!that!it!may!not!yet!be!compelled!to!make!any!disclosure,! alleged! illIgotten! wealth! of! the! Marcoses! and! their! associates! are! DIRECTED! to!
    since! the! proposed! terms! and! conditions! of! the! Agreements! have! not! disclose! to! the! public! the! terms! of! any! proposed! compromise! settlement,! as! well! as!
    become!effective!and!binding.! the!final!agreement,!relating!to!such!alleged!illIgotten!wealth,!in!accordance!with!the!
    5.! Chavez!invoked!his!right!under:! discussions!embodied!in!this!Decision.!!No!pronouncement!as!to!costs.!
    a.! !“Sec.! 7! [Article! III].! ! 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.”!
    ISSUE/S'
    1.' W/N! PCGG! may! be! compelled! to! disclose! to! the! public! the! details! of! any!
    agreement!with!the!Marcoses.'
    '
    RULING'&'RATIO!
    I! YES!
    1.! There!are!no!specific!laws!prescribing!the!exact!limitations!within!which!the!
    right! may! be! exercised! or! the! correlative! state! duty! may! be! obliged.!!
    However,!the!following!are!some!of!the!recognized'restrictions:!!!
    a.! (1)!national!security!matters!and!intelligence!information,!!
    b.! (2)!trade!secrets!and!banking!transactions,!!

    ! Page!1!of!1!

    You might also like