Comprensiones de las Dinámicas y Tensiones en el Ámbito Escolar

VI. Técnicas de análisis de la información

3. Comprensiones de las Dinámicas y Tensiones en el Ámbito Escolar

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as he or she pleases. As a rule, certain clearances and permits have to be secured, otherwise sanctions as he or she pleases. As a rule, certain clearances and permits have to be secured, otherwise sanctions may be imposed, specially on those in the judiciary, from judges to personnel.

may be imposed, specially on those in the judiciary, from judges to personnel.¹⁴¹⁴ Also, just because you have a vehicle by which you can m

Also, just because you have a vehicle by which you can move about ove about does not does not necessarinecessarily mly mean thatean that you can use it anywhere and everywhere. You can not insist on using a tricycle to traverse the you can use it anywhere and everywhere. You can not insist on using a tricycle to traverse the expressways. In this regard, the following lines from

expressways. In this regard, the following lines from Mirasol Mirasol v. v. Department Department of of Public Public Works Works and and Highways

Highways, 490 SCRA 318 (2006), may enlighten. “A toll way is not an ordinary road. As a facility, 490 SCRA 318 (2006), may enlighten. “A toll way is not an ordinary road. As a facility design

designed to ed to promote tpromote the fastest access to he fastest access to certain destincertain destinations, its use, operation, and maintenanations, its use, operation, and maintenance requirece require close regulation. Public interest and safety require the imposition of certain restrictions on toll ways that close regulation. Public interest and safety require the imposition of certain restrictions on toll ways that do not apply to ordinary roads. As a special kind of road, it is but reasonable that not all forms of do not apply to ordinary roads. As a special kind of road, it is but reasonable that not all forms of transport could use it.”

transport could use it.”

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II

NFORMATIONNFORMATION

Corollary to the right to express oneself freely is the right to be informed on matters which concern Corollary to the right to express oneself freely is the right to be informed on matters which concern himself and the rest of the body politic. If the people are to make meaningful contributions to their himself and the rest of the body politic. If the people are to make meaningful contributions to their governance, then they must know what is happening inside and outside the halls of government.

governance, then they must know what is happening inside and outside the halls of government.

Basic to this right to be informed is the necessity for laws to be published in order to be effective. It Basic to this right to be informed is the necessity for laws to be published in order to be effective. It makes no sense presuming knowledge

makes no sense presuming knowledge¹⁵¹⁵ if the government itself has not made provisions for the if the government itself has not made provisions for the dissemination of statutes and regulations which affect the people’s lives and interests. Related to dissemination of statutes and regulations which affect the people’s lives and interests. Related to publi

publication, cation, the the Court Court held held inin Nagkakaisang Nagkakaisang Maralita Maralita ng ng Sitio Sitio Masigasig, Masigasig, Inc. Inc. v. v. Military Military ShrineShrine Services-Philippine V

Services-Philippine Veterans Affairs Office, Department of eterans Affairs Office, Department of National DefenseNational Defense, 697 SCRA 359 (2013),, 697 SCRA 359 (2013), that a handwritten addendum to a Presidential Proclamation which was not included in the published that a handwritten addendum to a Presidential Proclamation which was not included in the published version as it appeared in the

version as it appeared in the Official GazetteOfficial Gazette will not recognized – such addendum is deemed not will not recognized – such addendum is deemed not included as valid part of the Proclamation.

included as valid part of the Proclamation.

It must not also be lost sight of that not only

It must not also be lost sight of that not only lawslaws but also but also administrative circularsadministrative circulars which are not which are not merely internal or interpretative which must also be published. And, in regard to this, the Court has also merely internal or interpretative which must also be published. And, in regard to this, the Court has also held that publication alone is not enough – there must also be filing of copies of the said circulars, rules held that publication alone is not enough – there must also be filing of copies of the said circulars, rules and regulations in the Office of the National Administrative Register (ONAR) at the University of the and regulations in the Office of the National Administrative Register (ONAR) at the University of the Phili

Philippines Law Centeppines Law Center.r.¹⁶¹⁶ However, there is no need for filing with the ONAR when it comes to merely However, there is no need for filing with the ONAR when it comes to merely internal or i

internal or interprnterpretatetative ive circulars or resolutions.circulars or resolutions.¹⁷¹⁷ Neither do Neither does it apply to tes it apply to those coming from hose coming from the Judicialthe Judicial and Bar Council since such body is not under the executive department but the judicial department.

and Bar Council since such body is not under the executive department but the judicial department.¹⁸¹⁸ On the need to balance the right to know and the government’s need to keep certain things On the need to balance the right to know and the government’s need to keep certain things

14 See, See, e.g.e.g.,, Leave Division, Leave Division, Office of Office of Administrative Administrative Services-Office Services-Office of of the Court the Court Administrator Administrator v. Heusdensv. Heusdens , 662 SCRA 126, 662 SCRA 126 (2011),

(2011), Del Del Rosario Rosario v. v. PascuaPascua, 667 SCRA 1 (2012), and,, 667 SCRA 1 (2012), and, Office of Administrative Services-Office of the Court Administrator v.Office of Administrative Services-Office of the Court Administrator v.

Macarine

Macarine, 677 SCRA 1 (2012)., 677 SCRA 1 (2012).

15 “Ignorance of the law excuses no one “Ignorance of the law excuses no one from compliance therewith.” (Art. 3from compliance therewith.” (Art. 3 , Civil Code), Civil Code)

16 See, for instance, GMA Network, Inc. v. Movie and See, for instance,GMA Network, Inc. v. Movie and Television Review and Classification Board Television Review and Classification Board , 514 SCRA 191 (2007),, 514 SCRA 191 (2007), Republic Republic v. Pilipinas Shell Petroleum Corporation

v. Pilipinas Shell Petroleum Corporation, 550 SCRA 680 (2008), and, 550 SCRA 680 (2008), and Securities and Exchange Commission v. PICOP Resources, Inc.Securities and Exchange Commission v. PICOP Resources, Inc.,, 566 SCRA 451 (2008).

566 SCRA 451 (2008).

17 Board of Board of Trustees Trustees of the of the Government Government Service Service Insurance System v. VInsurance System v. Velascoelasco, 641 SCRA 372 (2011). In, 641 SCRA 372 (2011). In Cawad v. Abad Cawad v. Abad , 764 SCRA, 764 SCRA 1 (2015),

1 (2015), it was held that Implementing Rules which merely interpret and it was held that Implementing Rules which merely interpret and reiterate the law and reiterate the law and which do not cwhich do not create a new duty or attachreate a new duty or attach a new disability need not be published nor filed with ONAR.

a new disability need not be published nor filed with ONAR.

18Villanueva v. Judicial and Bar Council Villanueva v. Judicial and Bar Council , 755 SCRA 182 (2015), 755 SCRA 182 (2015)

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confidential, the Court had this to say in Senate of the Philippines v. ErmitaSenate of the Philippines v. Ermita, 488 SCRA 1 (2006): “A, 488 SCRA 1 (2006): “A transparent government is one of the hallmarks of a truly republican state. Even in the early history of transparent government is one of the hallmarks of a truly republican state. Even in the early history of republican thought, however, it has been recognized that the

republican thought, however, it has been recognized that the head of government may keep certainhead of government may keep certain information confidential in pursuit of the public interest. . . . History has been witness, however, to the information confidential in pursuit of the public interest. . . . History has been witness, however, to the fact that the power to withhold information lends itself to abuse, hence, the necessity to guard it fact that the power to withhold information lends itself to abuse, hence, the necessity to guard it zealously.” And in that spirit,

zealously.” And in that spirit, it did the deit did the delilicate cate balancing ibalancing involving the invocation ofnvolving the invocation ofexecutive privilegeexecutive privilege and the

and the power power of leof legislativgislative ine inquiryquiry, with the concomitant righ, with the concomitant right of the peot of the people to know ple to know as a consequenceas a consequence of such hearings. It held: “Executive privilege, whether asserted against Congress, the courts, or the of such hearings. It held: “Executive privilege, whether asserted against Congress, the courts, or the public,

public, is is recognized only in relation trecognized only in relation too certain types of informationcertain types of information ofof a sensitive character a sensitive character . While. While executive privilege is a constitutional concept, a

executive privilege is a constitutional concept, a claimclaim thereof thereof may be valid or not depending on themay be valid or not depending on the grou

ground invoked to justify nd invoked to justify it and the conteit and the context in whixt in which it is mch it is made. Nade. Noticeaoticeably bly absent is any absent is any recogrecognition thatnition that executive officials are exempt from the duty to disclose information by the mere fact of being executive executive officials are exempt from the duty to disclose information by the mere fact of being executive officials. Indeed,

officials. Indeed, the extraordinary character of the exemptions indicates that the presumptionthe extraordinary character of the exemptions indicates that the presumption inclines heavily against executive secrecy and in favor of disclosure.

inclines heavily against executive secrecy and in favor of disclosure. ” Then, notin” Then, noting the g the exceptionalexceptional and personal nature of Executive privilege, the Court found “it essential to limit to the President the and personal nature of Executive privilege, the Court found “it essential to limit to the President the power

power to to ininvoke voke the the priviprivilege. lege. She She may omay of f course course authorize authorize the the Executive Executive Secretary Secretary to to invinvoke oke thethe privi

privilege on hlege on her behaler behalf, if, in whin which case the ch case the Executive Secretary mExecutive Secretary must state that tust state that the authority he authority is is ‘By ‘By order order of the P

of the President,’ wresident,’ which mhich means that he peeans that he personally rsonally consulted wconsulted with her. The privilege beinith her. The privilege being an extrg an extraordaordinaryinary power,

power, it must be it must be wielwielded oded onlnly by the highest offiy by the highest official icial in the n the executivexecutive hierarchy. Ie hierarchy. In n otother her wowords, trds, thehe Presiden

President may not autt may not authorize her subordinates to exercise such power.”horize her subordinates to exercise such power.”

How is people’s right to information implicated in all of these? “E.O 464 is concerned only with the How is people’s right to information implicated in all of these? “E.O 464 is concerned only with the demands of Congress for the appearance of executive officials in the hearings conducted by it, and not demands of Congress for the appearance of executive officials in the hearings conducted by it, and not with the demands of citizens for information pursuant to their right to information on matters of public with the demands of citizens for information pursuant to their right to information on matters of public concern. Petitioners are not amiss in claiming, however, that what is involved in the present controversy concern. Petitioners are not amiss in claiming, however, that what is involved in the present controversy is no

is not t merely the legimerely the legislslative power oative power of inf inquiryquiry, but t, but the right of the peohe right of the people to informatiple to information. There on. There are, are, itit bears

bears noting, clnoting, clear diear distinstinctions bections between the ritween the right of Congress ght of Congress to infto information whormation which ich underliunderlies the es the power power of inqui

of inquiry and the right of the ry and the right of the people to people to infinformation on matters of publiormation on matters of public concern. . c concern. . . To tTo the extent thathe extent that investigations in aid of legislation are generally conducted in public, however, any executive issuance investigations in aid of legislation are generally conducted in public, however, any executive issuance tending to unduly limit disclosures of information in such investigations necessarily deprives the people tending to unduly limit disclosures of information in such investigations necessarily deprives the people of information which, being presumed to be in aid of legislation, is presumed to be a matter of public of information which, being presumed to be in aid of legislation, is presumed to be a matter of public concern. The citizens are thereby denied access to information which they can use in formulating their concern. The citizens are thereby denied access to information which they can use in formulating their own opinions on the matter before Congress – opinions which they can then communicate to their own opinions on the matter before Congress – opinions which they can then communicate to their repre

representatives and otsentatives and other goverher government offinment officials cials throthrough the various legal ugh the various legal means allmeans allowed by their freedomowed by their freedom of expression.”

of expression.”¹⁹¹⁹

Moreover, even as “E.O. 464 applies only to officials of the executive branch, it does not follow that Moreover, even as “E.O. 464 applies only to officials of the executive branch, it does not follow that the same is exempt from the need for publication.” Since the subject matter of said executive issuance the same is exempt from the need for publication.” Since the subject matter of said executive issuance is a matter of public interest which any member of the body politic may question in the political forums is a matter of public interest which any member of the body politic may question in the political forums or, if he is a proper party, even in courts of justice, “logic dictates that the challenged order must be or, if he is a proper party, even in courts of justice, “logic dictates that the challenged order must be covered by the publication requirement. As explained above, E.O. 464 has a direct effect on the right of covered by the publication requirement. As explained above, E.O. 464 has a direct effect on the right of

19 In In Sabio v. GordonSabio v. Gordon, 504 SCRA 704 (2006), the Court said:, 504 SCRA 704 (2006), the Court said:

“[T]he conduct of inquiries in aid of legislation is not only intended to benefit Congress but also the citizenry. The people are

“[T]he conduct of inquiries in aid of legislation is not only intended to benefit Congress but also the citizenry. The people are equally concerned with this proceeding and have the right to participate therein in order to protect their interests. The extent of their equally concerned with this proceeding and have the right to participate therein in order to protect their interests. The extent of their participation will largely depend on the information g

participation will largely depend on the information gathered and made known to them. In other words, the right to inathered and made known to them. In other words, the right to in formation reallyformation really goes hand-in-hand with the constitutional

goes hand-in-hand with the constitutional policies of full public disclosure and policies of full public disclosure and honesty in the public service. Ihonesty in the public service. It is meant to enhance thet is meant to enhance the widening role of the citizenry in governmental decision-making as well as in checking abuse in the government.”

widening role of the citizenry in governmental decision-making as well as in checking abuse in the government.”

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the people to information on matters of public concern. It is, therefore, a matter of public interest which the people to information on matters of public concern. It is, therefore, a matter of public interest which members of the body politic may question before this Court. Due process thus requires that the people members of the body politic may question before this Court. Due process thus requires that the people should have been apprised of this issuance before it was impl

should have been apprised of this issuance before it was implemented.”emented.”

With regard to judicial records,

With regard to judicial records, Hilado v. Hilado v. ReyesReyes, 496 SCRA 282 (2006), teaches us that the term, 496 SCRA 282 (2006), teaches us that the term

“judicial record” or “court record” does not only refer to the orders, judgment or verdict of the courts

“judicial record” or “court record” does not only refer to the orders, judgment or verdict of the courts –

– it it compricomprises ses the offthe officiicial al collcollection ection of alof all l papers, expapers, exhihibits bits and and pleadipleadings ngs fifiled led by by the partithe parties, ales, all l processesprocesses iss

issued and ued and returns made thereon, returns made thereon, appearances, and word-for-word teappearances, and word-for-word testimstimony which took ony which took place duringplace during the trial and whi

the trial and which are in the possessch are in the possession, custody, or coion, custody, or control of the judicintrol of the judiciary or oary or of the courts f the courts for purposesfor purposes of rendering court decisions. The interest of the public hinges on its right to transparency in the of rendering court decisions. The interest of the public hinges on its right to transparency in the administration of justice, to the end that it will serve to enhance the basic fairness of the judicial

In document Prácticas Educativas, Identidad Cultural y Concepciones de lo Indígena en Colombia. Entre la Etnoeducación, la Interculturalidad y la Educación Propia. (página 158-164)