G.R. No.

L-72119 May 29, 1987

VALENTIN L. LEGASPI, Petitioner, vs. CIVIL SERVICE COMMISSION, Respondent.

CORTES, J.:

Thesis Statement: The petitioner filed an extraordinary writ of mandamus to compel the CSC to
disclose the information on the civil service eligibilities of the two government employees contesting
that such information is of public concern and should be released.

Facts:
1. Valentin L. Legaspi, the petitioner, prays for the issuance of the extraordinary writ of
mandamus to compel the CSC, the respondent, to disclose the information on the civil service
eligibilities of Julian Sibonghanoy and Mariano Agas, government employees from Health
Department of Cebu City, who had allegedly represented themselves as civil service eligibles
who passed the civil service examinations for sanitarians.

2. The Solicitor General challenges the petitioner's standing to sue upon the ground that the
latter does not possess any clear legal right to be informed of the civil service eligibilities of
the government employees concerned. He calls attention to the alleged failure of the petitioner
to show his actual interest in securing this particular information. He further argues that there
is no ministerial duty on the part of the Commission to furnish the petitioner with the
information he seeks.

Issue: Whether or not the information on the civil service eligibilities of the two government
employee is of public concern that should be released to the petitioner?

Ruling:

- The Court began by noting that both the 1973 (Art. IV, Sec. 6) and 1987 (Art. III, Sec. 7)
constitutions recognize the right of the people to information on matters of public concern.
Further, they specify that information shall be provided, subject only to limitations provided by
law (pg. 1).

- While the Solicitor General interposed a procedural objection challenging the requester’s
standing in this petition for mandamus, the Court ruled that, in this case, the people are
regarded as the “real party in interest” and the requester, as a citizen interested in the execution
of the laws, did not need to show any legal or special interest in the result (pg. 2).

- Further, government agencies have no discretion to refuse disclosure of, or access to,
information of public concern because the Constitution guarantees access to information of
public concern, a recognition of the essentiality of the free flow of ideas and information in a
democracy (pg. 3-4).

- That is, the government agency denying information access has the burden to show that the
information is not of public concern, or, if it is of public concern, that the information has been
exempted by law from the operation of the guarantee (pg. 5).

- Here, the information was of a public concern because it is the legitimate concern of citizens to
ensure that government positions requiring civil service eligibility are occupied only by eligible
persons, and the Civil Service Commission failed to cite any law limiting the requester’s right to
know (pg. 5). Thus, the Court ordered the Civil Service Commission to provide the
information (pg. 6).