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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 disqualication 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 difculty 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 dened as:
1) the right to information on matters of public concern; and
2) the corollary right of access to ofcial 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 condential commercial and nancial information
and matters of national security.” The Court noted and thus afrmed 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. condential 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 Ofcial Gazette:… rules cannot be recognized as binding rules
unless their existence and contents are conrmed by a valid publication
intended to make full disclosure and give proper notice to the people.
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