Legaspi v CSC 150 SCRA 530 (1987)

Facts: The petitioner invokes his constitutional right to information on matters of public concern in a special civil action for mandamus against the CSC pertaining to the information of civil service eligibilities of certain persons employed as sanitarians in the Health Department of Cebu City. The standing of the petitioner was challenged by the Solicitor General of being devoid of legal right to be informed of the civil service eligibilities of government employees for failure of petitioner to provide actual interest to secure the information sought.

Issue: Whether or not petitioner may invoke his constitutional right to information in the case at bar.





Held: The court held that when the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty, the people are regarded as the real party in interest and the relator at whose instigation the proceedings are instituted need not show that he has any legal or special interest in the result, it being sufficient to show that he is a citizen and as such interested in the execution of the laws. The Constitution provides the guarantee of adopting policy of full public disclosure subject to reasonable conditions prescribed by law as in regulation in the manner of examining the public records by the government agency in custody thereof. But the constitutional guarantee to information on matters of public concern is not absolute. Under the Constitution, access to official records, papers, etc., are "subject to limitations as may be provided by law" (Art. III, Sec. 7, second sentence). The law may therefore exempt certain types of information from public scrutiny, such as those affecting national security.

The court delves into determining whether the information sought for by the petitioner is of public interest. All appointments in the Civil Service Commission are made according to merit and fitness while a public office is a public trust. Public employees therefore are accountable to the people even as to their eligibilities to their positions in the government. The court also noted that the information on the result of the CSC eligibility examination is released to the public therefore the request of petitioner is one that is not unusual or unreasonable. The public, through any citizen, has the right to verify the civil eligibilities of any person occupying government positions.




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