218 Chasing the Wind: Assessing Philippine Democracy, Second Edition Authority observes established procedures in investigating, hearing, and adjudicating cases involving violations of the Codes, and imposes penalties that can include suspension or permanent disqualication from KBP membership, and nes. A number of radio and TV stations have been sanctioned by the Authority, but because the penalties, in particular the nes, have been minimal (for example, 6,000 pesos or USD 125 for the rst offense), violations of the Codes continue. The Code is extremely detailed, but the KBP has difculty in enforcing its provisions due to lack of manpower to monitor all the radio and TV stations all over the Philippines. And because not all broadcast organizations are members of the KBP, some of the latter (among them TV and radio giant GMA7) are not subject to KBP oversight. The right to information A public right The right to information, the Supreme Court has ruled, is a public right that may be exercised by any citizen. In 1987 it ruled that any citizen might claim this right: Through such rulings, the rights guaranteed by Article III, Section 7 of the Constitution have been dened as: 1) the right to information on matters of public concern; and 2) the corollary right of access to ofcial records and documents. Philippine jurisprudence has also recognized the right of newspapers and newspaper staff to have access to public records. However, the right to information and the corollary right of access to public records are, in the words of the Constitution, “subject to such limitations as may be provided by law.” “Only 'matters of public concern' are covered by these rights”, stated the Supreme Court in 1973. In 1987 the Court added, “the right of access may not be extended to trade secrets or condential commercial and nancial information and matters of national security.” The Court noted and thus afrmed existing statutory limits on the right to public information such as: 1. information affecting national security, 2. diplomatic correspondence relating to national security and national interest, 3. matters still pending decision and, 4. condential records of different branches of government. The mandatory publication of laws is a means of implementing the right to information. In 1986 the Court ruled that all laws and other measures must be published in the Ofcial Gazette:… rules cannot be recognized as binding rules unless their existence and contents are conrmed by a valid publication intended to make full disclosure and give proper notice to the people.

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