Professional Documents
Culture Documents
_______________
HAZEL MA. C. ANTOLIN, petitioner, vs. ANTONIETA tion of the special civil action of mandamus in the Regional Trial
FORTUNA-IBE, respondent. Court, the omission was fatal to the action under the familiar
doctrine requiring exhaustion of administrative remedies. Apart
from the obvious undesirability of a procedure which would allow
Professional Regulation Commission; Administrative Law; Courts to substitute their judgment for that of Government
Exhaustion of Administrative Remedies; Mandamus; Any claim boards in the determination of successful examinees in any
for re-correction or revision of a party’s board examination cannot administered examination—an area in which courts have no
be compelled by mandamus—the function of reviewing and re- expertise—and the circumstance that the law declares the Court
assessing an examinee’s answers to the examination questions is a of Appeals to be the appropriate review Court, the Regional Trial
discretionary function of the Board, not a ministerial and Court was quite correct in refusing to take cognizance of an action
mandatory one, hence, not within the scope of the writ of seeking reversal of the quasi-judicial action taken by the Medical
mandamus.—At the very outset let us be clear of our ruling. Any Board of Examiners.
claim for re-correction or revision of her 1997 examination cannot
Same; Same; Same; Same; The remedy of a party from the
be compelled by mandamus. This much was made evident by our
refusal of the Board of Accountancy to release the Examination
ruling in Agustin-Ramos v. Sandoval, where we stated: After
Papers should have been through an appeal to the Professional
deliberating on the petition in relation to the other pleadings filed
Regulation Commission.—Like the claimants in Agustin, the
in the proceedings at bar, the Court resolved to DENY said
remedy of petitioner from the refusal of the Board to release the
petition for lack of merit. The petition at bar prays for the setting
Examination Papers should have been through an appeal to the
aside of the Order of respondent Judge dismissing petitioners’
PRC. Undoubtedly, petitioner had an adequate remedy from the
mandamus action to compel the other respondents (Medical
Board’s refusal to provide her with copies of the Examination
Board of Examiners and the Professional Regulation Commission)
Papers. Under Section 5(a) of Presidential Decree No. 223, the
“to reconsider, recorrect and/or rectify the board ratings of the
PRC has the power to promulgate rules and regulations to
petitioners from their present failing grades to higher or passing
implement policies for the regulation of the accounting profession.
marks.” The function of reviewing and re-assessing the
In fact, it is one such regulation (PRC Resolution No. 338) that is
petitioners’ answers to the examination questions, in the light of
at issue in this case. In addition, under Section 5(c), the PRC has
the facts and arguments presented by them x x x is a
the power to review, coordinate, integrate and approve the
discretionary function of the Medical Board, not a ministerial and
policies, resolutions, rules and regulations, orders or decisions
mandatory one, hence, not within the scope of the writ of
promulgated by the various Boards with respect to the profession
mandamus. The obvious remedy of the petitioners from the
or occupation under their jurisdictions including the results of
their licensure examinations but their decisions on administrative falling primarily (albeit not exclusively) within the competence of
cases shall be final and executory unless appealed to the other departments. Courts, for reasons of law, comity and
Commission within thirty (30) days from the date of promulgation convenience, should not entertain suits unless the available
thereof. administrative remedies have first been resorted to and the
Same; Same; Same; The Professional Regulation proper authorities have been given an appropriate opportunity to
Commission’s (PRC’s) quasi-legislative and enforcement powers, act and correct their alleged errors, if any, committed in the
encompassing its authority to review and approve “policies, administrative forum. However, the principle of exhaustion of
resolutions, rules and regulations, orders, or decisions” cover more administrative remedies is subject to exceptions, among which is
than administrative investigations conducted pursuant to its when only a question of law is involved. This is because issues of
quasi-judicial powers.—Petitioner posits that no remedy was law—such as whether petitioner has a constitutional right to
available because the PRC’s power to “review” and “approve” in demand access to the Examination Papers—cannot be resolved
Section 5(c) only refers to appeals in decisions concerning with finality by the administrative officer.
administrative investigations and not to instances where Same; Moot and Academic Issues; An issue becomes moot and
documents are being requested. Not only is this posi- academic when it ceases to present a justiciable controversy, so
that a declaration on the issue would be of no practical use or
165 value; A person’s belated passing of the Certified Public
Accountant (CPA) Board Exams does not automatically mean that
her interest in the Examination Papers has become mere
VOL. 623, JULY 5, 2010 165
superfluity.—We now turn to
Antolin vs. Domondon
166
spectrum of subjects which the public may want to know, either ensure that only those qualified are admitted into the accounting
because these directly affect their lives, or simply because such profession. And as with all matters pedagogical, these
matters naturally arouse the interest of an ordinary citizen.—Like examinations could be not merely quantitative means of
all the constitutional guarantees, the right to information is not assessment, but also means to further improve the teaching and
absolute. The people’s right to information is limited to “matters learning of the art and science of accounting. On the other hand,
of public concern,” and is further “subject to such limitations as we do realize that there may be valid reasons to limit access to
may be provided by law.” Similarly, the State’s policy of full the Examination Papers in order to properly administer the exam.
disclosure is limited to “transactions involving public interest,” More than the mere convenience of the examiner, it may well be
and is “subject to reasonable conditions prescribed by law.” The that there exist inherent difficulties in the preparation,
Court has always grappled with the meanings of the terms “public generation, encoding, administration, and checking of these
interest” and “public concern.” As observed in Legaspi v. Civil multiple choice exams that require that the questions and
Service Commission, 150 SCRA 530 (1987): In determining answers remain confidential for a limited duration. However, the
whether x x x a particular information is of public concern there is PRC is not a party to these proceedings. They have not been given
no rigid test which can be applied. “Public concern” like “public an opportunity to explain the reasons behind their regulations or
interest” is a term that eludes exact definition. Both terms articulate the justification for keeping the Examination
embrace a broad spectrum of subjects which the public may want Documents confidential. In view of the far-reaching implications
to know, either because these directly affect their lives, or simply of this case, which may impact on every board examination
because such matters naturally arouse the interest of an ordinary administered by the PRC, and in order that all relevant issues
citizen. In the final analysis, it is for the courts to determine on a may be ventilated, we deem it best to remand these cases to the
case by case basis whether the matter at issue is of interest or RTC for further proceedings.
importance, as it relates to or affects the public. We have also
recognized the need to preserve a measure of confidentiality on PETITIONS for review on certiorari of the decisions of the
some matters, such as national security, trade secrets and Court of Appeals.
banking transactions, criminal matters, and other confidential The facts are stated in the opinion of the Court.
matters. Sycip, Salazar, Hernandez and Gatmaitan for
petitioner.
167 Valdez, Domondon & Associates for respondents
Domondon, et al.
VOL. 623, JULY 5, 2010 167 168
examinations, the need for all parties to fully ventilate to request for copies of (a) the questionnaire in each of the
their respective positions, and the view that government seven subjects (b) her answer sheets; (c) the answer keys to
transactions can only be improved by public scrutiny, we the questionnaires, and (d) an explanation of the grading
remand these cases to the trial court for further system used in each subject (collectively, the Examination
proceedings. Papers).5
Factual Antecedents Acting Chairman Domondon denied petitioner’s request
Petitioner took the accountancy licensure examinations on two grounds: first, that Section 36, Article III of the
(the Certified Public Accountant [CPA] Board Exams) Rules and Regulations Governing the Regulation and
conducted by the Board of Accountancy (the Board) in Practice of Professionals, as amended by Professional
October 1997.1 The examination results were released on Regulation Commission (PRC) Resolution No. 332, series of
October 29, 1997; out of 6,481 examinees, only 1,171 1994, only permitted access to the petitioner’s answer sheet
passed. Unfortunately, petitioner did not make it. When (which she had been shown previously), and that
the results were released, she received failing grades in reconsideration of her examination result was only proper
four out of the seven subjects.2 under the grounds stated therein:
“Sec. 36. An examinee shall be allowed to have access or to go
over his/her test papers or answer sheets on a date not later than
_______________
1 The examination questions were of the multiple choice type, where _______________
each question was followed by four possible answers to choose from. The
3 Id., at p. 69.
examinee was required to indicate his or her answer by shading in pencil
4 Id., at p. 70.
one of four small “circles” corresponding to each choice.
5 Id., at p. 71.
2 Rollo (G.R. No. 175705), p. 73.
170
169
xxxx entitled to the relief sought, that the respondents did not
3. that have been given in the examination except if the test have the duty to furnish petitioner with copies of the
bank for the subject has on deposit at least two thousand Examination Papers, and that petitioner had other plain,
(2,000) questions.”7 After a further exchange of speedy, adequate remedy in the ordinary course of law,
correspondence,8 the Board informed petitioner that an namely, recourse to the PRC.12 Respondents also filed their
investigation was conducted into her exam and there was Answer with Compulsory Counterclaim in the main case,
no mechanical error found in the grading of her test which asked that the Petition for Mandamus with
papers.9 Damages be dismissed for lack of merit on the following
grounds: (1) petitioner failed to exhaust administrative
Proceedings before the Regional Trial Court remedies; (2) the petition stated no cause of action because
Undeterred, on January 12, 1998, petitioner filed a there was no ministerial duty to release the information
Petition for Mandamus with Damages against the Board of demanded; and (3) the constitutional right to information
Accountancy and its members10 before the Regional Trial on matters of public concern is subject to limitations
Court provided by law, including Section 20, Article IV, of PRC
Resolution No. 338, series of 1994.13
_______________ On March 3, 1998, petitioner filed an Amended Petition
(which was admitted by the RTC), where she included the
6 Id., at p. 72.
following allegation in the body of her petition:
7 Id., at p. 38.
8 Id., at pp. 73-78.
_______________
9 Rollo (G.R. No. 165036), pp. 107-108.
10 Namely, Conchita L. Manabat, Abelardo T. Domondon, Reynaldo D. 11 Rollo (G.R. No. 175705), pp. 34-42.
Gamboa, Jose V. Ramos, Violeta J. Josef, Antonieta Fortuna-Ibe, and Jose 12 CA Rollo (CA G.R. SP No. 76498), pp. 62-70.
Gangan. 13 Id., at pp. 76-90.
171 172
VOL. 623, JULY 5, 2010 171 172 SUPREME COURT REPORTS ANNOTATED
Antolin vs. Domondon Antolin vs. Domondon
(RTC) of Manila. The case was raffled to Branch 33, and “The allegations in this amended petition are meant only to
docketed as Civil Case No. 98-86881. The Petition included plead a cause of action for access to the documents requested, not
a prayer for the issuance of a preliminary mandatory for re-correction which petitioner shall assert in the proper forum
injunction ordering the Board of Accountancy and its depending on, among others, whether she finds sufficient error in
members (the respondents) to furnish petitioner with the documents to warrant such or any other relief. None of the
copies of the Examination Papers. Petitioner also prayed allegations in this amended petition, including those in the
that final judgment be issued ordering respondents to following paragraphs, is made to assert a cause of action for re-
furnish petitioner with all documents and other materials correction.”14
as would enable her to determine whether respondents
fairly administered the examinations and correctly graded
petitioner’s performance therein, and, if warranted, to If only to underscore the fact that she was not asking for
issue to her a certificate of registration as a CPA.11 a re-checking of her exam, the following prayer for relief
On February 5, 1998, respondents filed their Opposition was deleted from the Amended Petition: “and, if warranted,
to the Application for a Writ of Preliminary Mandatory to issue to her a certificate of registration as a CPA.”
Injunction, and argued, inter alia, that petitioner was not
On June 23, 1998, respondents filed a Manifestation and correctly graded petitioner’s performance therein and, if
Motion to Dismiss Application for Writ of Preliminary warranted, to make the appropriate revisions on the
Mandatory Injunction, on the ground that petitioner had results of her examination.” (Emphasis ours)
taken and passed the May 1998 CPA Licensure
Examination and had taken her oath as a CPA.15 Petitioner On June 21, 2002, the trial court dismissed the petition
filed her Opposition on July 8, 1998.16 Subsequently, on on the ground that the petition had already become moot,
October 29, 1998, respondents filed their Answer with since petitioner managed to pass the 1998 CPA Board
Counterclaim to the amended petition. They reiterated examinations.20 Petitioner sought reconsideration21 which
their original allegations and further alleged that there was granted by the trial court in its Omnibus Order22 dated
was no cause of action because at the time the Amended November 11, 2002. The Omnibus Order provides in part:
Petition was admitted, they had ceased to be members of
“On the motion for reconsideration filed by the petitioner, the
the Board of Accountancy and they were not in possession
Court is inclined to reconsider its Order dismissing the petition.
of the documents sought by the petitioner.17
The Court agrees with the petitioner that the passing of the
Ruling of the Regional Trial Court
petitioner in the subsequent CPA examination did not render the
In an Order dated October 16, 1998, the trial court
petition moot and academic because the relief “and if warranted,
granted respondent’s Motion to Dismiss Petitioner’s
to issue to her a certificate of registration as Certified Public
Application for a Writ of Preliminary Mandatory Injunction
Accountant” was deleted
(not the main case), ruling that the matter had become
moot since petitioner
_______________
also an adequate facility to preserve and safeguard the Decision dated February 16, 2004,26 that (i) Section 20,
documents. To be sure that the questioned documents are Article IV of PRC Resolution No. 338 constituted a valid
preserved and safeguarded, the Court will order the PRC to limitation on petitioner’s right to information and access to
preserve and safeguard the documents and make them available government documents; (ii) the Examination Documents
anytime the Court or petitioner needs them. were not of public concern, because petitioner merely
WHEREFORE, the Order of this Court dated June 20, 2002 is sought review of her failing marks; (iii) it was not the
reconsidered and set aside. The Professional Regulation ministerial or mandatory function of the respondents to
Commission is ordered to preserve and safeguard the following review and reassess the answers to examination questions
documents: of a failing examinee; (iv) the case has become moot, since
a) Questionnaire in each of the seven subjects comprising petitioner already passed the May 1998 CPA Board
the Accountancy Examination of October, 1997; Examinations and took her oath as a CPA; and (v)
b) Petitioner’s Answer Sheets; and petitioner failed to exhaust administrative remedies,
c) Answer keys to the questionnaires. because, having failed to secure the desired outcome from
SO ORDERED.”23 the respondents, she did not elevate the matter to the PRC
before seeking judicial intervention.27
Respondents filed a motion for reconsideration which
was denied.24
_______________
Proceedings before the Court of Appeals
The RTC Decisions led to the filing of three separate 25 Rollo (G.R. No. 175705), pp. 22-33; penned by Associate Justice
petitions for certiorari before the Court of Appeals (CA): Monina Arevalo-Zenarosa and concurred in by Associate Justices Martin
(a) CA-G.R. SP No. 76498, a petition filed by respondents S. Villarama, Jr. and Lucas P. Bersamin.
Domondon, Gangan, and Josef on April 11, 2003; 26 Rollo (G.R. No. 165036), pp. 37-53; penned by Associate Justice
Renato C. Dacudao and concurred in by Associate Justice Danilo B. Pine
_______________ and Presiding Justice Cancio C. Garcia.
27 Petitioner’s Motion for Reconsideration was denied in a Resolution
23 Id., at p. 30.
dated August 24, 2004.
24 Id., at p. 33.
176
175
29
that the Constitution as well as the Code of Conduct and At the very outset let us be clear of our ruling. Any claim
Ethical Standards for Public Officials and Employees30 for re-correction or revision of her 1997 examination cannot
support her right to de- be compelled by mandamus. This much was made evident
by our ruling in Agustin-Ramos v. Sandoval,31 where we
_______________ stated:
28 Rollo (G.R. No. 175075), pp. 89-90. “After deliberating on the petition in relation to the other
29 Article III, Sec. 7 provides: pleadings filed in the proceedings at bar, the Court resolved to
Section 7. The right of the people to information on matters of public DENY said petition for lack of merit. The petition at bar prays for
concern shall be recognized. Access to official records, and to documents the setting aside of the Order of respondent Judge dismissing
and papers pertaining to official acts, transactions, or decisions, as well as petitioners’ mandamus action to compel the other respondents
to government research data used as basis for policy development, shall be (Medical Board of Examiners and the Professional Regulation
afforded the citizen, subject to such limitations as may be provided by law. Commission) “to reconsider, recorrect and/or rectify the board
Article XI, Sec. 1 provides: ratings of the petitioners from their present failing grades to
Section 1. Public office is a public trust. Public officers and employees higher or passing marks.” The function of reviewing and re-
must, at all times, be accountable to the people, serve them with utmost assessing the petitioners’ answers to the examination
responsibility, integrity, loyalty, and efficiency; act with patriotism and questions, in the light of the facts and arguments
justice, and lead modest lives. presented by them x x x is a discretionary function of the
30 Republic Act No. 6713, An Act Establishing A Code Of Conduct And Medical Board, not a ministerial and mandatory one,
Ethical Standards For Public Officials And Employees, To Uphold The hence, not within the scope of the writ of mandamus. The
Time-Honored Principle Of Public Office Being A Public Trust, Granting obvious remedy of the petitioners from the adverse judgment by
Incentives And Rewards For Exemplary Service, Enumerating Prohibited the Medical Board of Examiners was an appeal to the Professional
Acts And Transactions And Providing Penalties For Violations Thereof Regulation Commission itself, and thence to the Court of Appeals;
And For Other Purposes (1989). and since they did not apply for relief to the Commission prior to
Section 5. Duties of Public Officials and Employees.—In the their institution of the special civil action of mandamus in the
performance of their duties, all public officials and employees are under Regional Trial Court, the omission was fatal to the action under
obligation to:
x x x x _______________
177 (e) Make documents accessible to the public.—All public documents must be
made accessible to, and readily available for inspection by, the public within
reasonable working hours.
VOL. 623, JULY 5, 2010 177 31 G.R. No. 84470, February 2, 1989 (Minute Resolution).
Antolin vs. Domondon
178
Trial Court was quite correct in refusing to take cognizance of an review, coordinate, integrate and approve the policies,
action seeking reversal of the quasi-judicial action taken by the resolutions, rules and regulations, orders or decisions
Medical Board of Examiners.”32 (Emphasis ours) promulgated by the various Boards with respect to the
profession or occupation under their jurisdictions including the
For a writ of mandamus to issue, the applicant must results of their licensure examinations but their decisions on
have a well-defined, clear, and certain legal right to the administrative cases shall be final and executory unless appealed
thing demanded. The corresponding duty of the respondent to the Commission within thirty (30) days from the date of
to perform the required act must be equally clear.33 No promulgation thereof.
such clarity exists here; neither does petitioner’s right to
demand a revision of her examination results. And despite Petitioner posits that no remedy was available because
petitioner’s assertions that she has not made any demand the PRC’s power to “review” and “approve” in Section 5(c)
for re-correction, the most cursory perusal of her Second only refers to appeals in decisions concerning
Amended Petition and her prayer that the respondents administrative investigations36 and not to instances where
“make the appropriate revisions on the results of her documents are being requested. Not only is this position
examination” belies this claim. myopic and self-serving, it is bereft of either statutory or
Like the claimants in Agustin, the remedy of petitioner jurisprudential basis. The PRC’s quasi-legislative and
from the refusal of the Board to release the Examination enforcement powers, encompassing its authority to review
Papers should have been through an appeal to the PRC. and approve “policies, resolutions, rules and regulations,
Undoubtedly, petitioner had an adequate remedy from the orders, or decisions” cover more than administrative
Board’s refusal to provide her with copies of the investigations conducted pursuant to its quasi-judicial
Examination Papers. Under Section 5(a) of Presidential powers.37 More significantly, since the PRC itself issued
Decree No. 223,34 the PRC has the power to promulgate the resolution questioned by the petitioner here,
rules and regulations to implement policies for the
regulation of the accounting profession.35 In fact, it is one _______________
such regulation (PRC Resolution No.
Section 5. Powers of the Commission.—The powers of the Commission
338) that is at issue in this case. In addition, under Section 180 SUPREME COURT REPORTS ANNOTATED
5(c), the PRC has the power to
Antolin vs. Domondon
it was in the best position to resolve questions addressed to it ceases to present a justiciable controversy, so that a
its area of expertise. Indeed, petitioner could have saved declaration on the issue would be of no practical use or
herself a great deal of time and effort had she given the value.42
PRC the opportunity to rectify any purported errors In this jurisdiction, any citizen may challenge any
committed by the Board. attempt to obstruct the exercise of his or her right to
One of the reasons for exhaustion of administrative information and may seek its enforcement by mandamus.43
remedies is our well-entrenched doctrine on separation of And since every citizen possesses the inherent right to be
powers, which enjoins upon the Judiciary a becoming policy informed by the mere fact of citizenship,44 we find that
of non-interference with matters falling primarily (albeit petitioner’s belated passing of the CPA Board Exams does
not exclusively) within the competence of other not automatically mean that her interest in the
departments.38 Courts, for reasons of law, comity and Examination Papers has become mere superfluity.
convenience, should not entertain suits unless the available Undoubtedly, the constitutional question presented, in
administrative remedies have first been resorted to and the view of the likelihood that the issues in this case will be
proper authorities have been given an appropriate repeated, warrants review.45
opportunity to act and correct their alleged errors, if any, The crux of this case is whether petitioner may compel
committed in the administrative forum.39 access to the Examination Documents through mandamus.
However, the principle of exhaustion of administrative As
remedies is subject to exceptions, among which is when
only a question of law is involved.40 This is because issues _______________
of law—such as whether petitioner has a constitutional
right to demand access to the Examination Papers—cannot 42 See Gancho-on v. Secretary of Labor and Employment, 337 Phil. 654,
be resolved with finality by the administrative officer.41 658; 271 SCRA 204, 208 (1997); Philippine Airlines, Inc. v. Pascua, 456
Issues of Mootness Phil. 425, 436; 409 SCRA 195, 202 (2003); David v. Macapagal-Arroyo,
We now turn to the question of whether the petition has G.R. Nos. 171396, 171409, 171485, 171483, 171400, 171489, 171424, May
become moot in view of petitioner’s having passed the 1998 3, 2006, 489 SCRA 160, 213-214; Soriano Vda. De Dabao v. Court of
CPA examination. An issue becomes moot and academic Appeals, 469 Phil. 928, 937; 426 SCRA 91, 97 (2004).
when 43 Bantay Republic Act or BA-RA 7941 v. Commission on Elections,
G.R. No. 177271 & 177314, May 4, 2007, 523 SCRA 1, 14-15.
_______________ 44 Tañada v. Hon. Tuvera, 220 Phil. 422, 433-434; 136 SCRA 27, 36
(1985).
38 Merida Water District v. Bacarro, G.R. No. 165993, September 30,
45 Even if we were to assume that the issue has become moot, we have
2008, 567 SCRA 203, 209. repeatedly enumerated the exceptions to the rule on mootness, thus:
39 Laguna CATV Network, Inc. v. Hon. Maraan, 440 Phil. 734, 740; 392 The “moot and academic” principle is not a magical formula that
SCRA 221, 226 (2002). can automatically dissuade the courts in resolving a case. Courts
40 Valmonte v. Belmonte, Jr., 252 Phil. 264, 269; 170 SCRA 256, 263 will decide cases, otherwise moot and academic, if: first, there is a
(1989). grave violation of the Constitution; second, the exceptional
41 Castro v. Secretary of Education, G.R. No. 132174, August 20, 2001, character of the situation and the paramount public interest is
363 SCRA 417. involved; third, when the constitutional issue raised requires
formulation of controlling principles to guide the bench, the bar,
181
and the public; and fourth, the case is capable of repetition yet
evading review. David v. Macapagal-Arroyo, supra note 42 at pp.
VOL. 623, JULY 5, 2010 181 214-215.
Antolin vs. Domondon
182
“Sec. 7. The right of the people to information on matters of We have also recognized the need to preserve a measure
public concern shall be recognized. Access to official records, and of confidentiality on some matters, such as national
to documents, and papers pertaining to official acts, transactions, security, trade secrets and banking transactions, criminal
or decisions, as well to government research data used as basis for matters, and other confidential matters.47
policy development, shall be afforded the citizen, subject to such We are prepared to concede that national board
limitations as may be provided by law.” examinations such as the CPA Board Exams are matters of
public concern. The populace in general, and the examinees
Together with the guarantee of the right to information, in particular, would understandably be interested in the
Section 28, Article II promotes full disclosure and fair and competent administration of these exams in order
transparency in government, viz.: to ensure that only those qualified are admitted into the
accounting profession. And as with all matters pedagogical,
“Sec. 28. Subject to reasonable conditions prescribed by law,
these examinations could be not merely quantitative means
the State adopts and implements a policy of full public disclosure
of assessment, but also means to further improve the
of all its transactions involving public interest.”
teaching and learning of the art and science of accounting.
On the other hand, we do realize that there may be valid
Like all the constitutional guarantees, the right to
reasons to limit access to the Examination Papers in order
information is not absolute. The people’s right to
to properly administer the exam. More than the mere
information is limited to “matters of public concern,” and is
convenience of the examiner, it may well be that there exist
further “subject to such limitations as may be provided by
inherent difficulties in the preparation, generation,
law.” Similarly, the State’s policy of full disclosure is
encoding, administration, and checking of these multiple
limited to “transactions involving public interest,” and is
choice exams that require that the questions and answers
“subject to reasonable conditions prescribed by law.” The
remain confidential for a limited duration. However, the
Court has always grappled with the meanings of the terms
PRC is not a party to these proceedings. They have not
“public interest” and “public concern.” As observed in
been given an opportunity to explain the reasons behind
Legaspi v. Civil Service Commission:46
their regulations or articulate the justification for keeping
“In determining whether x x x a particular information is of the Examination Documents confidential. In view of the
public concern there is no rigid test which can be applied. “Public far-reaching implications of this case, which may impact on
concern” like “public interest” is a term that eludes exact every board examination administered by the PRC, and in
definition. Both terms embrace a broad spectrum of subjects order that all relevant issues may be ventilated, we deem it
which the public may want to know, either because these directly best to remand these cases to the RTC for further
affect their lives, or simply because such matters naturally arouse proceedings.
the interest of an ordinary citizen. In the final analysis, it is for IN VIEW OF THE FOREGOING, the petitions are
the courts to determine on a case by case basis whether the GRANTED. The December 11, 2006 and February 16, 2004
matter at issue is of interest or importance, as it relates to or Decisions of the Court of Appeals in CA-G.R. SP No. 76546
affects the public.”
_______________
_______________
47 Chavez v. Presidential Commission on Good Government, 360 Phil.
46 Legaspi v. Civil Service Commission, 234 Phil. 521, 535; 150 SCRA 133, 160; 299 SCRA 744, 770 (1998).
530, 541 (1987).
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