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IDEALS vs. Power

Petitioners requested information from PSALM regarding a public bidding process for the sale of a hydroelectric power plant. PSALM failed to provide specific details requested, violating the constitutional right to information on matters of public concern. The Court ruled that PSALM must furnish the requested documents to petitioners, as the bidding process involved a public transaction. While the right to information has limitations, PSALM did not sufficiently disclose information to the public regarding the transaction details.

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Rukmini Dasi Rosemary Guevara
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28 views

IDEALS vs. Power

Petitioners requested information from PSALM regarding a public bidding process for the sale of a hydroelectric power plant. PSALM failed to provide specific details requested, violating the constitutional right to information on matters of public concern. The Court ruled that PSALM must furnish the requested documents to petitioners, as the bidding process involved a public transaction. While the right to information has limitations, PSALM did not sufficiently disclose information to the public regarding the transaction details.

Uploaded by

Rukmini Dasi Rosemary Guevara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Initiatives for Dialogue and Empowerment through Alternative Legal anyway.

anyway. The second letter requested for information regarding the


Services Inc. v. Power Sector Assets and Liabilities Management winning bidder, such as company profile, contact person, office address,
Corporation (DELIM) and Philippine registration. Despite press releases announcing K-Water
October 9, 2012 | VILLARAMA, J.: | Right to Information as the winning bidder, PSALM failed to sufficiently provide the petitioners
with the information they were asking for, almost as if PSALM officials
PETITIONER: INITIATIVES FOR DIALOGUE AND EMPOWERMENT were trying to hide something.
THROUGH ALTERNATIVE LEGAL SERVICES, INC. (IDEALS, INC.),
represented by its Executive Director, Mr. Edgardo Ligon, and The Court ruled that In failing to provide the petitioners with the
FREEDOM FROM DEBT COALITION (FDC), represented by its Vice information they were asking for on their second letter, PSALM violated
President Rebecca L. Malay, AKBAYAN CITIZEN'S ACTION PARTY, Section 7, Article III of the 1987 Constitution,which provides for the right
represented by its Chair Emeritus Loretta Anne P. Rosales, of the people to information on matters of public concern. The Court
ALLIANCE OF PROGRESSIVE LABOR, represented by its ruled that people's right to information is intertwined wth the
Chairperson, Daniel L. Edralin, REP. WALDEN BELLO, in his government's constitutional duty of full public disclosure of all
capacity as duly-elected Member of the House of Representatives transactions involving public interest, pursuant to Section 28, Art. II of
RESPONDENTS: POWER SECTOR ASSETS AND LIABILITIES the 1987 Constitution, which states a policy of full public disclosure. Both
MANAGEMENT CORPORATION (PSALM), represented by its Acting of these provisions are also essential to hold public officials accountable
President and Chief Executive Officer Atty. Ma. Luz L. Caminero, for their actions. An informed citizenry, said the Court, is essential to the
METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM existence and proper functioning of any democracy.
(MWSS), represented by its Administrator Atty. Diosdado M. Allado,
NATIONAL IRRIGATION ADMINISTRATION (NIA), represented by its
Administrator Carlos S. Salazar, KOREA WATER RESOURCES DOCTRINE: This right to information, however, is not without limitation.
CORPORATION, represented by its Chief Executive Officer, Kim Fr. Joaquin Bernas S.J. notes that the two sentences of Section 7
Kuen-Ho and/or Attorneys-in-fact, Atty. Anna Bianca L. Torres and guarantee only one general right, the right to information on matters of
Atty. Luther D. Ramos, FIRST GEN NORTHERN ENERGY CORP., public concern. The right to access official records merely implements
represented by its President, Mr. Federico R. Lopez, SAN MIGUEL the right to information.
CORP., represented by its President, Mr. Ramon S. Ang,
SNABOITIZ POWER-PANGASINAN INC., represented by its
President, Mr. Antonio R. Moraza, TRANS-ASIA OIL AND ENERGY
DEVELOPMENT CORPORATION, represented by its President and FACTS:
CEO, Mr. Francisco L. Viray, and DMCI POWER CORP., represented 1. See summary for related part
by its President, Mr. Nestor Dadivas
ISSUE/s:
SUMMARY: PSALM is a GOCC mandated by RA 9136 (Electric Power 1. Whether or not PSALM violated the Constitution in withholding
Industry Reform Act of 2001 or the EPIRA Law) to manage the orderly documents of public interest. YES
sale, disposition, and privatization of the assets of the National Power
Corp. (NPC) over a 25-year period. In the discharge of its said duties, RULING: PETITION GRANTED. (1) PSALM should FURNISH the
PSALM held a public bidding for the sale of AHEPP, a 246-MW petitioners with copies of official documents, acts, and records relating
hydroelectric power plant. After evaluating the submitted bids, PSALM to the bidding process for AHEPP;
awarded the sale to K-Water, a Korean company.

But even before K-Water was given the Notice of Award, IDEALS had RATIO:
been sending letters to PSALM to request for copies of documents
pertaining to the sale. The first letter requested for copies of the Terms 1. Petitioners fault PSALM for failing to provide them with information
of Reference and proposed bids submitted by the bidders. There was no on the details of the transaction that PSALM was entering into, in
response because at the time no bids have been submitted yet. Besides, breach of their constitutional right to information regarding matters of
updates about the ongoing bidding were posted on the PSALM website public concern.
2. In particular, petitioners rue that the Invitation to Bid published by
PSALM did not specify crucial information related to the sale of the
water facility, including the terms and conditions of the disposition,
the qualification of bidders, the minimum price, and other basic
details.

3. First, PSALM points out, it wrote the Regional Director of the


National Commission on Indigenous Peoples (NCIP), informing him
of the planned disposition of AHEPP, and inviting him to a meeting to
discuss matters related to the concerns of indigenous peoples in the
area. Then, it conducted a forum in a hotel, with various stakeholders
in attendance, "to provide them an opportunity to share relevant
information and to thoroughly discuss the structure and pertinent
provisions of the sale."45 Third, it also published the relevant
information on its website, in the form of press releases.

4. The people’s right to information is based on Art. III, Sec. 7 of the


Constitution, which states:

Sec. 7. The right of the people to information on matters of


public concern shall be recognized. Access to official records,
and to documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government research
data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by
law.

5. The policy of public disclosure and transparency of governmental


transactions involving public interest enunciated in Art. II, Sec. 28 of
the Constitution complements the right of the people to information:

6. Subject to reasonable conditions prescribed by law, the State


adopts and implements a policy of full public disclosure of all
its transactions involving public interest.

7. This right to information, however, is not without limitation. Fr.


Joaquin Bernas S.J. notes that the two sentences of Section 7
guarantee only one general right, the right to information on
matters of public concern. The right to access official records
merely implements the right to information.

8. Thus, regulatory discretion must include both authority to determine


what matters are of public concern and authority to determine the
manner of access to them.

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