Chavez v PCGG

FACTS
Petitioner is invoking his constitutional right to information and the duty of the state to
disclose publicly all its transactions involving national interests, particularly:
o negotiations and agreements pertaining to PCGGs task of recovering the Marcos
ill-gotten wealth
o any compromise on alleged billions of pesos of ill-gotten wealth involves
paramount public interest
Respondents do not deny forging a compromise agreement with the Marcos heirs
o Claim that petition is premature;
Chavez did not ask the PCGG to disclose publicly
Agreements are already subject to Sandiganbayan Civil Case No. 141
o PCGG may not disclose since the Agreements have not become effective and
binding
President FVR has not authorized the approval of the compromise
agreements (required by Item no. 8 of the General Agreement)
Marcos heirs failed to comply to the collation and submission of an
inventory of their assets
Court issued a TRO on march 23, 1998
o Enjoining respondents from entering, and executing any agreement with the
Marcos heirs involving their ill-gotten wealth
Motion of intervention was filed by the Jopsons
o Aver that they are among the 10,000 rightful claimants of the Marcos wealth
In Re Estate of Ferdinand Marcos, Human Rights Litigation, Maximo Hilao
et al. (US Court of Appeals. June 16, 1994)
Decision of the Swiss Supreme Court of Dec 10, 1997

[topical] ISSUE + RULING

Can the court require the PCGG to disclose to the public the details of any agreement with
the Marcoses? YES.
Sec 7, Article 3; right of the people to information on matters of public concern
shall be recognized
Sec. 28 Article 2; State adopts and implements a policy of full disclosure of all its
transactions involving public interest
Respondents aver that these provisions refer to completed and operative official
acts, not those still being considered
Limitations to the Right according to the Court
1. National Security Matters
State secrets reg. military, diplomatic, etc.
2. Trade Secrets and Banking Transactions
Intellectual Property Code and other related laws
Secrecy of Bank Deposits Act
3. Criminal Matters
Law enforcement matters i.e. apprehension, prosecution, and detention of
criminals
4. Other Confidential Information
Ethical Standards Act prohibiting public officials to divulge classified
information
Closed door Cabinet mtgs, executive sessions of Congress, internal
deliberations of SC
 In general, writings coming into the hands of public officers concerning their official
functions must be accessible to the public, consistent with the policy of transparency
of governmental affairs
Ill-gotten wealth is a matter of public concern and imbued w/ public interest
ConCom deliberations on transactions; negotiations prior to its consummation
are included in the constitutionally mandated public disclosure