IDEALS vs PSALMS

GR 192088, 9 Oct 2012 Petitioners: IDEALS et al Respondents: PSALM et al

FACTS:

PSALM is a GOCC created by virtue of the EPIRA law. Said law mandated PSALM to manage privatization of NPC. When
PSALM commenced the privatization an invitation to bid was published and the highest bidder K-Water was identified.
The sale to K-Water was sought to be enjoined by petitioners who contend that PSALM gravely abused its discretion
when, in the conduct of the bidding it violated the people’s right to information without having previously released to
the public critical information about the sale.

ISSUES:

1. Can the bid documents, etc. used in the on-going negotiation for the privatization and sale of Angat hydro plant
be accessed via the right to information?
2. Is the duty to disclose information the same with the duty to permit access to information on matters of public
concern?

HELD:

1. Yes. The court reiterated that the constitutional right to information includes official information on on-going
negotiations before a final contract. The information, however, must constitute definite propositions by the
government and should not cover recognized exceptions like privileged information, military and diplomatic
secrets and similar matters affecting national security and public order.
2. No. Unlike the disclosure of information which is mandatory under the Constitution, the other aspect of the
people’s right to know requires a demand or request for one to gain access to documents and paper of the
particular agency. Moreover, the duty to disclose covers only transactions involving public interest, while the
duty to allow access has a broader scope of information which embraces not only transactions involving public
interest, but any matter contained in official communications and public documents of the government agency